The following may be of assistance: • the pre-action protocols and, in the event that none of the specific pre-action protocols apply, the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) set out the conduct usually expected of parties prior to the issue of proceedings. In particular, an effective exchange of information is encouraged between the parties, with an important part of this process being the letter of claim, or letter before action, which a potential claimant should prepare and send to the potential defendant, setting out the details of their proposed claim. We are not, however, aware of there being any formal service

This Q&A relates to the requirement of a local authority to obtain adequate security (for example through obtaining a legal charge against a property) in order to enter into a deferred payment agreement, which is contained in the Care and Support (Deferred Payment) Regulations 2014, SI 2014/2671, reg 4 by virtue of section 34(5) of the Care Act 2014. Adequate security for a deferred payment agreement We have set out the following information which comes from the Department of Health: Care and Support Statutory Guidance. We would also refer you to this guidance generally, as it contains detailed information about deferred payment agreements at chapter 9 and specifically about obtaining security at para 9.58. 'A local authority must have adequate security in place when entering into a deferred payment agreement. One form of ‘adequate security’ would be the local authority securing a first legal mortgage charge against a property on the Land Register. Local authorities must accept

For guidance on collaborative research and development (R&D) agreements, see Practice Note: Know-how—protection and licensing, which provides guidance on issues relating to know-how licensing and R&D agreements. It includes analysis of why know-how is licensed, the key terms of a know-how licence, intellectual property (IP) issues and considerations in R&D agreements, co-ownership of IP rights and competition law issues. For a sample R&D agreement, see Precedent: Research and development agreement (long form) to be used where a customer engages a company to carry out specific research. The customer grants a licence to the researcher to use the customer’s materials in

The Enterprise and Regulatory Reform Act 2013 (ERRA 2013) gave the Secretary of State the power to require all letting and property management agents in England to be members of a government-approved redress scheme. The Redress Scheme for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, SI 2014/2359, applies from October 2014. There is now a requirement for all lettings agents and property managers in England to join one of three Government-approved redress schemes. The Department for Communities and Local Government has issued guidance. In particular note: • ‘Lettings agency work’ is things done by an agent in the course of a business in response to instructions from: ◦ a private rented sector landlord who wants to find a tenant, or ◦ a tenant who wants to find a property in the private rented sector It applies where the tenancy is an assured tenancy under the Housing Act

A ‘building line’ is a prescribed frontage line for building in front of which no new building, other than a boundary wall or fence, may be erected. Generally, if a covenant to observe a building line has been broken, the potential remedies available to a landlord or a party with the benefit of a restrictive covenant include a claim for specific performance of an obligation contained in a building lease, an injunction requiring demolition of any part of a building which is encroaching on over the building line or to restrain the erection of a proposed structure. An injunction is an equitable remedy granted at the discretion of the court. Where

At present, a local authority may apply, pursuant to sections 73–74 of the Housing Act 2004, for a rent repayment order (RRO) against a person who has operated an unlicensed house in multiple occupation (HMO). Such an order may require any housing benefit or universal credit paid in respect of occupation of the HMO, to be repaid

Ad colligenda bona When the estate of a deceased person may be endangered by delay in administering it, the court is not bound to wait for an application by the person entitled to a grant under the rules, but may grant letters of administration ad colligenda bona for the purpose of preserving the property. Procedure Application for an order for a grant ad colligenda bona is usually made without notice, to the district judge or registrar supported by an affidavit (witness statement). The district judge or registrar may require the application to be made on summons to a judge, district judge or registrar particularly

We do not have any letters of claim Precedents based on such a consumer rights scenario, however, the following Precedent particulars of claim (from Atkin’s Court Forms, Consumer Protection (11)) may provide a helpful factual scenario: • Part 7 claim form with particulars of claim alleging

The Practice Note: Appointment of personal representatives describes how personal representatives (PRs) are appointed, how they may be deemed to have accepted office as well as how the chain of representation works and the grant of letters of administration. It also explains the circumstances in which the court will pass over an executor and how the person entitled to the grant may renounce. Under the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (NCPR 1987, SI 1987/2024, r 31), a person entitled to a grant of

There is no implied right to re-enter commercial premises to carry out repairs in circumstances where the tenant is in breach of their repairing obligations. Therefore gaining access to carry out the repairs is subject to whether or not the lease provides such a right to the landlord (often referred to as a 'Jervis and Harris' clause under the case of that name ([1996] Ch 195)). If it does, then a landlord can follow the process (if any) set out in the lease to enter and effect the repairs. In such instance, if that right to access is accompanied

Regarding the tenant’s oral periodic monthly business tenancy—in ascertaining the nature of occupation in that situation, the courts will look to the substance of the agreement, not to the label that the parties have given to it. If early access is documented in an agreement that includes the ‘hallmarks’ of a lease, the result will be a lease. In Street v Mountford the House of Lords identified the hallmarks of a tenancy. They are: • exclusive possession • of defined premises Payment of rent might also be an indication of a lease, but in fact rent is not required for a lease to exist (Ashburn Anstalt v Arnold). For

The office-to-residential permitted development right was introduced in April 2013, by way of a new Class O in the Town and Country Planning (General Permitted Development) (England) (Amendment) Order (GPDO), Sch 2, Pt 3, and was made permanent from 6 April 2016. Development consisting of 'a change of use of a building and any land within its curtilage to a use falling within Class C3 (dwelling houses) of the Schedule to the Use Classes Order from a use falling within