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Do the premium and Schedule 13 figure in a section 42 notice form one offer together, or can the competent landlord accept the schedule 13 figure, but seek to negotiate the premium?
Q&As
This Q&A considers the procedure by which the terms of a new lease will be granted under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). That new lease is one which expires 90 years after the term date of the existing one (LRHUDA 1993, s 56(1)). The first step is for the tenant to serve notice under section 42. This notice must contain certain information, among which being the premium the tenant proposes to pay in respect of the grant of the new lease and where an amount is payable in accordance with any provision under LRHUDA 1993, Sch 13, the amount which they propose to pay under that provision (LRHUDA 1993, s 42(3)(c)). The wording of LRHUDA 1993 makes clear that they are two separate amounts. The premium is defined by LRHUDA 1993 as the aggregate of (a) the diminution in value of
Do the preservation requirements apply to public sector schemes?
Q&As
Scope of preservation requirements The preservation requirements apply to occupational pension schemes that are funded at least in part by payments that the sponsoring employer is legally obliged to make to the scheme. Case law has confirmed that the requirements do not apply to unfunded private sector occupational pension schemes since employers are not legally obliged to fund such schemes. A promise to pay a member's benefits at the time they fall into payment is not the same as an obligation to fund the scheme, and the existence of the latter obligation is necessary for a private sector occupational
Do the provisions in the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the Regulations), SI 2020/757, reg 3(2)(b) extend to new Article 4 directions that were made during the 'material period', but which, due to mitigating the risk of compensation provisions, would fall to be confirmed outside of the material period? The Regulations, SI 2020/757, reg 3(2)(b) only appears to apply during the material period and does not extend to confirmation.
Q&As
Section 57 of the Town and Country Planning Act 1990 (TCPA 1990) states that planning permission is required for 'development'—which is defined in TCPA 1990, s 55(1) as a material change of use or operational development. Planning permission can be granted in a number of ways, including an express planning permission or via national permitted development rights. Specific use classes are set by the Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order), SI 1987/764. TCPA 1990, s 55(2)(f) states that a change of use within a specific use class does not comprise 'development' and therefore no planning permission is needed, whether express
Do the provisions of a company’s articles of association relating to matters requiring consent, which require a simple majority, prevail over the requirements for a special resolution under the Companies Act 2006?
Q&As
The obligations under the Companies Act 2006 (CA 2006), Pt 13 (Resolutions and meetings) apply notwithstanding anything in the articles, unless CA 2006 indicates otherwise. See below an extract from the explanatory notes to CA 2006 (paragraph 522): '522. The law relating to decisions has been
Do the provisions of the Consumer Credit Act apply to a UK company making a loan to one or more of its employees to enable the employee(s) to fund part of the subscription monies for shares which are to be allotted to the employee(s) in the company?
Q&As
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime [Archived]. Regulation of consumer credit Regulation of consumer credit now sits with the Financial Conduct Authority (FCA). In consequence parts of the Consumer Credit Act 1974 (CCA 1974) were repealed from 1 April 2014 with regulated activities coming under the Financial Services and Markets Act 2000 (FSMA 2000) and the Financial Services and Markets Act 2000 (Regulated
Do the provisions of the Consumer Rights Act 2015 in relation to sale of goods and the quality of goods sold apply to the sale of a horse by a horse dealer to a private individual where the horse was bought for competition purposes and was subsequently discovered to have back problems which now make it unrideable? The dealer knew the intended use and refuses to accept the horse back stating there is no implied guarantee of quality in relation to the sale of a domestic animal.
Q&As
On the information you have provided (assuming that this dispute is within the jurisdiction of the Consumer Rights Act 2015 (CRA 2015)) and on the basis that the seller sold the horse as a ‘trader’ and the purchaser purchased as a consumer, then CRA 2015 would apply to this contract for the sale of the horse and would imply into the contract for sale specific terms to which the goods (in this case, the horse) sold must comply. CRA 2015 implies certain terms into sales contracts between a business and
Do the provisions relating to the limitation period in fatal accident claims still apply if the death occurred due to an unrelated event? For example, does the cause of death have to be related to the negligent treatment in the context of a clinical negligence claim?
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The answer to this question is provided by section 11(5) of the Limitation Act 1980 (LA 1980), which provides that: ‘If the person injured dies before the expiration of the [limitation] period, the period applicable as respects the cause of action surviving for the benefit of his estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934, shall be three years from: (a) the date of death; or (b) the date of the personal representative’s knowledge, whichever is the later.’ It is immediately apparent from the wording of LA 1980, s 11(5) that the death of the original claimant will not serve to re-set the limitation period if that
Do the qualifying decision procedures and deemed consent procedure in sections 246ZE–246ZF of the Insolvency Act 1986 (IA 1986) apply in members’ voluntary liquidations? IA 1986, s 91 provides that the liquidator should be appointed at a meeting of members, but once appointed would IA 1986, ss 246ZE–246ZF apply?
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Sections 246ZE and 246ZF of the Insolvency Act 1986 (IA 1986) were introduced by section 122 of the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015). IA 1986, s 246ZE(1) itself states, ‘[t]his section applies where, for the purposes of this Group of Parts, a person (‘P’) seeks a decision about any matter from a company's creditors or contributories’. The ‘Group of Parts’ to which it refers includes IA 1986, ss 91–96, the provisions concerning members’ voluntary liquidations (MVL). This tends to suggest that the qualifying decision and deemed consent procedures do apply to MVLs. However, the title to SBEEA 2015, s 122, is ‘Abolition of Requirement to Hold Meetings: Company Insolvency’. The Explanatory Note to SBEEA 2015
Do the registered legal owners A and B need to register a trust for the co-ownership of a property via the Trust Registration Service in the following scenarios: 1. A, 50% held absolutely, while, B, 50% held on a trust which was created on death—either a discretionary trust or a post death life interest; 2. A, 50% held by a settlor absolutely, and B, 50% held on a trust created by A in their lifetime; 3. A gifted part of the property via declaration of trust to hold on bare trust for another who is not on the legal title. In each case, it is assumed the trustees (of the trusts created on death or during A's lifetime) have separately registered those trusts on the TRS
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Where A and B are the legal owners with A owning a 50% beneficial interest and the remaining 50% beneficial interest being in a Will trust, it depends who the beneficiaries of the Will trust are and whether it is discretionary trust or life interest trust. If A and B are also the
Do the requirements for a complex estate to be registered and report estate income and gains via the Estate Registration Service apply where the total proceeds of any assets sold in a tax year during the administration period exceeds £500k or only where the proceeds of an individual asset sale exceed this amount? Is the disposal of an ISA covered by these requirements?
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The Estate Registration Service (ERS) was established at the same time as the Trust Registration Service, which was brought in to implement the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692. Although the various stringent requirements of the MLR 2017 do not apply to estates, the system used is the same. The ERS requirements apply to estates in administration in the UK where any of
Do the requirements on deductions from wages in Immigration Rules, Appendix Skilled Worker, para SW14.2A (added to the Rules by Statement of Changes in Immigration Rules HC 773) restrict a sponsor employer from deducting accommodation costs from salary?
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The requirements under Immigration Rules, Appendix Skilled Worker, para SW14.2A, introduced by Statement of Changes in Immigration Rules HC 773, do not restrict in terms a sponsor employer from making deductions from a sponsored worker's salary. Instead, the Rule provides that certain deductions could impact the calculation of the gross salary figure for Skilled Worker visa eligibility (by reducing it). Specifically, deductions related to business costs, immigration costs, or investments paid by the applicant worker to the sponsor or a related organisation must be subtracted from the gross salary figure (when averaged out over the period of sponsorship). The only deductions that can be made without affecting eligibility are deductions which ‘are an additional benefit offer which the applicant has a genuine choice whether to take up, for example salary sacrifice arrangements’, and which do not relate to business costs, immigration costs,
Do the residential or commercial rates of stamp duty land tax apply to a transfer of a building from a developer to a connected company where that building is being converted to residential flats?
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As set out in Practice Note: SDLT chargeable consideration, under section 53 of the Finance Act 2003 (FA 2003), for a land transaction where the purchaser is a company that is connected to the vendor (within the definition in section 1122 of the Corporation Tax Act 2010), the chargeable consideration for the transaction will be not less than the market value of the subject matter of the transaction. This provision determines the chargeable