If the mortgage in relation to Property B gives the lender the power to do so, then once the power of sale has become exercisable in relation to the mortgage over Property B, the lender should be able to enter into the deed of easement as grantee in relation to Property B. See, for example, the combined

The rights set out in Consumer Contract (Information, Cancellation and Additional Charges) Regulation 2013 (CCR 2013), SI 2013/3134 apply to business-to-consumer contracts governed by UK law. Whether the parties intend for UK law to be the governing law of the contract is usually set out in a ‘choice of law’ or ‘governing law’ clause in the contract. The definition of consumer is not limited by location. Section 4 of CCR 2013, SI 2013/3134 defines a 'consumer' means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. The provisions in respect of how a consumer can cancel a contract are set out in CCR 2013, SI 2013/3134, reg 32. Although in the case of a dispute it is for the consumer

We are not aware that there is a legal obligation to have a UK bank account in order to register for value added tax (VAT). HMRC forms for registering for VAT support the conclusion that it is not necessary to have a UK bank account, but also make it clear that HMRC

Does a non-molestation order or undertakings that are effectively the same thing appear on a DBS check/police checks/criminal record? A basic Disclosure and Barring Service (DBS) check will show a person’s criminal record, specifically convictions that are not ‘spent’. A ‘spent’ conviction is one where, under the terms of the Rehabilitation of Offenders Act 1974 (ROA 1974), a certain period of rehabilitation has passed. A standard DBS check will show both spent and unspent convictions, cautions, reprimands and final warnings. An enhanced DBS check will show what a standard DBS check would disclose, in addition to any information held by local police that may be considered relevant to the role. A non-molestation order made under the provisions of Part IV the Family Law Act 1996 (FLA 1996) is not equivalent to a

Section 11 of the Compulsory Purchase Act 1965 (CPA 1965) makes provision for powers of entry following the confirmation of a compulsory purchase order (CPO) and service of a notice to treat. CPA 1965, s 11(1) sets out that an acquiring authority, having served a notice to treat, can serve on the owner, lessee and occupier a notice of entry, and may then enter and take possession of the land specified in the notice after the end of the period specified in the notice. Pursuant

This question raises the issue of the steps which must be taken before a landlord can forfeit a long lease for non-payment of rent. Where there is a long lease of dwelling, the landlord is required to serve notice under section 166 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002). The tenant is not liable to pay rent until such time as a notice is served (CLRA 2002, s 166(1)). The notice must state (i) the amount of rent, (ii) the date on which it is to be paid (iii) if different from that date, the day when it would be payable under the lease and (iv) such information as may be prescribed. The reason for the third requirement

There does not appear to be any requirement for a notice to quit to give the address of the landlord/licensor. See Commentary: Form and construction of a notice to quit: Hill and Redman's Law of Landlord and Tenant [8] (under ‘Misnomer’) and

This Q&A considers the nature of a notice to quit served in respect of a tenancy which does not have the protection of either the Housing Act 1985 or the Housing Act 1988 (HA 1988). It also considers a key difference between the service of a notice to quit and a notice of seeking possession under HA 1988, s 8. It is helpful first to consider the nature of a notice of seeking possession. The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless such a notice is served. The notice must state that the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice. It must state the date after which proceedings will be begun, which varies according to the ground upon which reliance is placed and

Although we have been unable to find any specific case law or commentary confirming the point, the definition of ‘rent’ in section 166 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) (which deals with the requirement for the landlord to first serve notice on the tenant requiring payment) specifically excludes sums in respect of service charge or an administration charge. As the definition is otherwise silent, this may suggest that other sums which are reserved as rent may fall within the definition of ‘rent’. In Barrett v Robinson, the Upper Tribunal found that where a tenant had covenanted to pay rent and

It isassumed that reference is made to our precedent notice FORM OF RENT DEMAND NOTICE (England). This is the English form of the notice, the form and content of

Section 215 of the Town and Country Planning Act 1990 (TCPA 1990) provides that if it appears to the local planning authority that the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of land in their area, they may serve on the owner and occupier of the land a notice requiring such steps for remedying the condition of the land as are specified to be taken within a period, also specified. The notice takes effect at the end of the period which is specified in the notice, which must not be less than 28 days after the service of the notice. In essence

Section 27 of the Trustee Act 1925 (TA 1925) is an important provision aimed at providing protection to trustees. Trustees or personal representatives are enabled by TA 1925, s 27 to give notice by advertisement in the London Gazette and a local newspaper of their intention to make a conveyance of property or a distribution to beneficiaries. The notice will then require any interested person to provide to the trustees within a specified time, which must not be less than two months, particulars of their interest in the relevant property. After the expiration of the relevant period, the trustees may then go ahead and distribute the relevant property having regard only to the claims of