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Q&As
This is a Q&A about the doctrine of satisfaction and a hotchpot clause for a Will (ie that the lender wishes any outstanding
Q&As
Title to a charity’s land can be vested in the Official Custodian by an order from the Charity Commission or the court. Ordinarily, orders are obtained from the Charity Commission, which has produced an online guidance note and application form. See: The Official Custodian for Charities’ ‘and holding’ service and Transfer charity land or property to the Official Custodian. You will note that the guidance provides at paragraphs 4 and 5: ‘4. Before land can be vested in the Official Custodian The title to the land must already be held by the charity before it can be vested
Q&As
Although we do not have a precedent letter before action for a claim against a guarantor, our PSL Dispute Resolution
Q&As
We do not have a precedent letter for serving an interim schedule of dilapidations. However, the main differences between a schedule served at that stage versus one served at the end of the lease are as follows. You will: • need to reserve your client’s position as to further dilapidations which may occur prior to the expiry of the lease • potentially not need to give notice to reinstate in respect of any alterations which are governed by any reinstatement clauses requiring notice. This will depend on when the schedule is being served—eg if it is being served about six months’ prior to the end of the term, notice to reinstate may still be required
Q&As
We recommend that for the legal charge you use of one of the following precedents: • Form 14 of Encyclopaedia of Forms & Precedents Fifth edition Volume 28(1) Mortgages of freehold, or • Form 11 of Encyclopaedia of Forms & Precedents Fifth edition Volume 28(2) Mortgages of leasehold Clause 1235 of Encyclopaedia of Forms & Precedents Fifth edition Volume 7(1)B
Q&As
We have assumed for the purposes of this Q&A that an oral periodic Landlord and Tenant Act 1954 (LTA 1954) protected tenancy has arisen, and that protected periodic tenancy now needs to be terminated. In that regard, you will need to terminate both the: • periodic tenancy • LTA 1954 Act statutory tenancy This can be done by either: • serving one notice to quit terminating the periodic tenancy (please see Encyclopaedia of Forms and Precedents, Volume 22(3)B, Form 238 in that regard—however, please note that this will need to be amended in order to deal with termination
Q&As
PSL Practice Notes: Guide to the right to collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 and Quick guide to time limits for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 set out the statutory requirements in respect of the form of conveyance/transfer (which are contained in Leasehold Reform, Housing and Urban Development Act 1993, s 34 and Schedule 7. The Practice Note sets out the specific wording that should be included in all transfers
Q&As
Service charges Under section 21B of the Landlord and Tenant Act 1985 (LTA 1985), a demand for the payment of a service charge must be accompanied by a summary of the rights and obligations of tenants of dwellings in relation to service charges. The requirements of form for the summary are set out at the Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007, SI 2007/1257. The prescribed form is set out in SI 2007/1257, reg 3. Also see
Q&As
For an example of a precedent leaving a life interest in property, we would direct you to the following precedent from the Encyclopaedia of Forms and Precedents (EF&P), which can be found in the precedents section of the
Q&As
The Housing Act 1988 (HA 1988) contains provision for rent to be increased in respect of a statutory periodic tenancy or if there is no binding term for rent increases in a periodic tenancy. A landlord under a statutory periodic tenancy who wishes to change the rent has to use the notice
Q&As
We refer you to Precedents below which can be adapted depending on who you are acting for: • Report on title—short form • Report on title—grant of new lease which is a report on title for use on the
Q&As
A revocation clause in an English Will generally only takes effect to revoke any existing (ie, previous) Wills made by the testator. Revocation clauses may be limited so as to not revoke a particular earlier Will or a Will covering specific assets, such as a foreign law Will. As a matter of English law, a Will is revocable at any time during the testator's lifetime. A Will may only be revoked by automatic operation of law (involuntary revocation) or by a deliberate act of the testator (voluntary revocation). Apart from these methods, and where there has been an obliteration under section 21 of the Wills Act 1837 (WA 1837), an attempt to revoke the Will by any other method will be ineffective.