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Where the Part 1 to the Landlord and Tenant Act 1987 (LTA 1987) applies, it gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. The right is framed in negative terms, prohibiting the landlord from making a relevant disposal without first serving a notice under LTA 1987, s 5 (commonly
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The 'right to rent' scheme (the scheme) was introduced by the Immigration Act 2014 (IA 2014) as a means to prevent persons with no legal basis of stay in the UK from accessing or remaining in private accommodation in the UK. It prohibits landlords from allowing individuals who are disqualified under these provisions from occupying a property. For general guidance, see Practice Note: Residential tenancies—a tenant's right to rent under the Immigration Act 2014. IA 2014, s 23 sets out who the 'responsible landlord' is for the purposes of the scheme. The scheme applies to: • landlords, both individuals and businesses, who let accommodation with a lease or tenancy agreement • occupiers, including
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Section 62 of the Law of Property Act 1925 (LPA 1925) provides that every 'conveyance' of land is deemed to include and operates to convey, with the land: • all ways, waters, watercourses, liberties, privileges, easements, rights and advantages • appertaining or reputed to appertain to the land, or • at the time of the conveyance, demised, occupied or enjoyed with or reputed or known as part and parcel or appurtenant to the land or any part of it 'Conveyance'
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Assuming that the assured shorthold tenancy is silent, the subtenant may be able to rely on section 62 of the Law of Property Act 1925 (LPA 1925) unless that is excluded. LPA 1925, s 62 provides that every ‘conveyance’ of land is deemed to include and operates to convey, with the land: • all ways, waters, watercourses, liberties, privileges, easements, rights and advantages • appertaining or reputed to appertain to the land, or • at the time of the conveyance, demised, occupied
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Concessions Contracts Regulations 2016 rules on modification of concession contracts during their term The rules regarding modifications to concession contracts under the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273, are broadly similar to those applicable to public contracts under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For background reading, see Practice Note: Introduction to concession contracts procurement. For related reading on modification and termination of public contracts under PCR 2015, SI 2015/102, see: • Practice Note: Modification and termination of public contracts—pre-PA 2023 • Q&A: Can a public contract which has been extended to the fullest extent provided in the contract notice and contract documents be extended further by a modification under regulation 72 of the Public Contracts Regulations 2015? • Guidance: Crown Commercial Service Guidance on Amendments to Contracts During Their Term CCR 2016, SI 2016/273, reg 43 contains rules aimed at clarifying the extent
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The rules introduced in Finance Act 2016 (FA 2016) that tax Transactions in UK land—tax rules did not make any amendments to the requirement in section 874 of the Income Tax Act 2007 (ITA 2007) that imposes an obligation to withhold UK income tax on payments of yearly interest arising in the UK. Unless an exemption or a relief applies, under ITA 2007, s 874, a payment of yearly interest arising in the UK is subject to UK withholding tax at the basic rate (currently 20%) if made by: • a company (unless it is made by that company in a fiduciary or representative capacity) • a local authority • by or on behalf of a partnership of which at least one partner is a company, or • any person to another person whose usual place of abode is outside the UK ‘Arising in the UK’ and ‘UK source’ are normally considered to mean the same thing (see for instance
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Section 23 of the Landlord and Tenant Act 1954 (LTA 1954) provides: ‘Subject to the provisions of this Act, this Part of this Act applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a
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Special severance payments are one of the types of special payments by public sector organisations on which the HM Treasury may need to be consulted. Guidance on special severance payments can be found in: • Annex 4.13 of the HM Treasury guidance: Managing public money (see, in particular, paragraphs A14.13.9–A14.13.15) • the HM Treasury’s Special severance payments guidance dated May 2021, which supplements the special severance guidance outlined in Annex 4.13 of Managing public money For information on special severance payments generally, see Practice Note: Settlement agreements in employment—practical and tax issues, in particular section: Public sector employers. Special severance payments are described as payments paid to employees, contractors and others outside of normal statutory or contractual requirements when leaving employment in public service whether
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There is no legal definition of what is a ‘schedule’, ‘appendix’ or ‘annex’. They are all commonly used to describe documents which are incorporated into agreements but, by themselves, there is no particular significance to their titles. They tend to be used for technical details or commercial details and are used to clarify or expand upon terms in an agreement. Schedules are commonly used to set out: • description of services and specifications • payment schedules • delivery milestones • sample forms to be used in the course of an agreement, eg sample statements of work, change requests, invoice forms, etc An appendix or annex might be used to incorporate: • documents which the parties may not necessarily have negotiated, eg a company policy • background information or descriptions to help put the agreement into context An ‘exhibit’ might also be used to describe a document which is attached to the main agreement. An ‘addendum’
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Section 215 notice requiring maintenance of land We refer you to our Lexis+® UK Property Practice Note: Section 215 notice requiring maintenance of land which explains how local planning authorities (LPAs) can serve a notice under the Town and Country Planning Act 1990, s 215 requiring land to be cleared up where its condition affects the amenity of the area. Although section 215 notices complement the enforcement powers of LPAs, they are not time limited or subject to rules about immunity in the way that other breaches of planning control and enforcement are. The purpose of the Town and Country Planning Act 1990 (TCPA 1990(, s 215 is to give a Council acting as the LPA power to take steps to require the land to be cleared up where its condition affects the amenity of the area. It does
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Any restrictions on the transfer of shares, including pre-emption rights, that are included in a company's articles and/or a shareholders' agreement are contractual terms and must be observed accordingly, unless they can be disapplied or waived. The provisions of a company's articles of association bind a company
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It is assumed that the trustees do not have a power of appointment or that an interest in possession has arisen under the terms of the Will trust, so that section 144 of the Inheritance Tax Act 1984 is not available. If the terms of the trust