Any reference to a building includes a reference to a building unit in that building, except where otherwise stated. A guide to energy performance certificates (EPCs) for the marketing, sale and let of dwellings states that: 'An EPC can be produced for the whole building or any building unit, which is designed or altered for separate use. A building unit designed or altered for separate use could be indicated by the accommodation having its own access, separate provision of heating and ventilation or shared heating and ventilation,

While a contractual promise usually binds only the original parties, when a vendor imposes restrictions upon the use to which a vendor might put the land, provided certain conditions are met, equity will ensure not only that the vendor’s successors in title are bound by them but that the purchaser’s successors in title can enforce them. This Q&A focuses upon the transmission of the burden. It is helpful to remember that essentially it is the land which is burdened and equity helps to enforce it. This will happen provided that (i) the covenant is negative in substance, (ii) it benefits land held by the vendor or successor in title as the case may be (iii) it was intended that the burden would run with the land and (iv) the burden is registered against the title of the land. In

This Q&A considers the general approach to covenants requiring use as a private house, as the interpretation will clearly depend on the exact wording of a covenant. In the absence of specific commentary regarding freehold restrictive covenants precluding multiple occupancy, cases that consider restrictive lease covenants may be indicative of the approach a court would take to freehold restrictive covenants. In Tendler

Case study The freehold to a house has been converted into three flats and the freeholder wishes to transfer the freehold title to one of the leaseholders for nil consideration. The other two flat owners have agreed to this arrangement and as such the freehold is not being offered either by auction or on the open market for sale. Must the freeholder serve formal notices under section 5 of the Landlord and Tenant Act 1987 (LTA 1987) (section 5 notice) to all leaseholders before the transaction can proceed? LTA 1987, s 1 provides that: 'A landlord shall not make a relevant disposal affecting any premises to which at the time of the disposal this Part applies unless (a) He has served a section 5 notice on the qualifying tenants in the building granting

Part 4 of the Building Safety Act 2022 (BSA 2022) imposes duties about the management of building safety risks on 'accountable persons' in relation to occupied higher-risk buildings in England. BSA 2022, ss 72 and 73 deal with the definitions of 'accountable person' and 'principle accountable person' respectively. Common to the definition of both these 'persons' (and also to the definition of ‘estate owner’ in BSA 2022, s 72(2)) is the concept of a ‘person who holds a legal estate in possession in the common parts [of a higher risk building]’. The expression ‘legal estate in possession’ is not defined

We have been unable to find any authority which provides that a freezing order, without more, creates a trust in favour of an applicant/claimant. However, the following information may be useful. What is a trust? The definition set out in The Law of Trusts and Trustees 18th edition by Underhill and Hayton was adopted by the Court of Appeal in Green v Russell per Romer LJ: 'A trust is an equitable obligation, binding a person (who is called a trustee) to deal with property over which he has control (which is called the trust property), for the benefit of persons (who are called the beneficiaries or, in old cases, cestuis que trust), of whom he may himself be one, and any one of whom may enforce the obligation.' No trust will exist where one legal person holds property for his, her or its own benefit and to which he, she or it is absolutely

The people with significant control (PSC) regime applies to UK incorporated companies limited by shares or guarantee (including unlimited companies, unregistered companies, community interest companies and dormant companies), LLPs, and eligible Scottish partnerships (Scottish limited partnerships and Scottish qualifying general partnerships). The requirement to maintain a PSC register does not apply to certain other entities, such as English limited partnerships, co-operative or community benefit societies or charitable incorporated organisations, but if they have a trading subsidiary it may be that the subsidiary needs to maintain its own register. Further education corporations (FEC) and sixth form college corporations are typically classified as 'exempt' charities. For further information on their status and governance see Department

Where a testator makes a Will and subsequently divorces or has their marriage annulled, section 18A of the Wills Act 1837 (WA 1837) provides that any gift to the former spouse in the Will is to be treated as if the former spouse had died at the date of the

Practice Note: The type of grant needed at section ‘Grant ad colligenda bona’ explains that a grant ad colligenda bona may be granted under rule 52 of the Non-Contentious Probate Rules 1987, SI 1987/2024, for the purpose of preserving property in the estate. It is necessary to commence

A 'fall-back' development such as development for which permitted development rights are available is capable of constituting a material consideration which must be taken into account in determining the planning application. Note, however, that the weight to be given to the fall-back development will be a matter of planning judgment. In Simpson v Secretary of State for Communities and Local Government, it was held that a proposed development should be judged in the context of what might happen if that planning permission is not granted. In Snowden v Secretary of State for the Environment and Bradford City Metropolitan Council [1980] JPL 749 (not reported by Lexis+® UK), the court considered that the crucial question was the extent to which the site would be developed in accordance with existing rights, in the event that the development was refused.

It is assumed that the company is a private company limited by shares, incorporated with the Model articles—private limited company—after 28 April 2013. A grant of share options is likely to trigger section 177 of the Companies Act 2006, namely the duty to declare an interest in a proposed transaction or arrangement. For more details see Practice Note: Directors' duties—directors' interests: CA 2006, ss 175–177. A declaration of an interest in a proposed transaction or arrangement with the company must be made to the other Directors (a declaration to the members is not sufficient) and may be made in

A guarantee is an agreement between the guarantor and the landlord, and it is governed by the general rules and principles of contract law. As such, it is not necessary for the guarantee to