For the purpose of this Q&A, it has been assumed that the property is in England. If the tenancy was granted after 28 February 1997, then an assured shorthold tenancy can be granted for a period of less

Local housing authority In England and Wales, local housing authorities are the unitary authorities, district councils, the Council of the Isles of Scilly, the London borough councils, the Common Council of the City of London and until its abolition at the end of March 1986, the Greater London Council. See: Department for Communities and Local Government—Definitions of general housing terms. Right to buy Under section 118 of the Housing Act 1985 (HA 1985), the right to buy (RTB) scheme gives eligible secure tenants the statutory RTB their property at a discount. Subject to conditions, a secure tenant has the RTB the freehold of their house or the lease of their flat (or leasehold house). The RTB applies to all secure tenancies, subject to exceptions

The following Q&A and the materials referenced in it, in particular Practice Note: Capacity to litigate, deal with the issues raised in this question—Q&A: Does the donee of a property and financial affairs lasting power of attorney need to get prior court approval

We refer you to the following Q&A and the materials referenced in it, in particular Practice Note: Capacity to litigate, which deals with the issues raised in this question: Q&A: Does the donee of a property and financial affairs lasting power of attorney need

Enduring powers of attorney (EPA), as opposed to lasting powers of attorney, are becoming increasingly rare. The prescribed form of EPA gives the donor of the power the option to give the attorney either: • general power to act on his behalf; or • authority to carry out specific acts on his behalf. If the donor opts to give the attorney specific powers then whether or not the attorney has the power to instigate proceedings on the donor’s behalf will depend on the extent of the powers given. In the event that the EPA gives the attorney 'general authority', this is governed by paragraph 3(1) of Schedule 4 to the Mental Capacity

See the Law Society Practice Note: Access and disclosure of an incapacitated person’s will, which contains detailed guidance on this Q&A. In particular, section 7: The Will is the client’s property states that: ‘The property and financial affairs attorney or deputy is the client’s agent and the Will forms part

In answering this Q&A, we have limited our research to cover Financial Lasting Powers of Attorney (Financial LPAs) and general powers of attorney. General power of attorney A general power of attorney is a basic document that gives the attorney the power to deal with the donor’s financial affairs. It can be as wide reaching or as limited as the donor wishes. While some practitioners distinguish between a general or limited power of attorney as distinct types of ordinary powers of attorney, the term 'general power of attorney' is now often used to mean 'ordinary power of attorney'. A general power of attorney will be automatically revoked by the mental incapacity of the donor and is distinguishable from an enduring power of attorney or a Financial Lasting Power of Attorney (LPA) in this respect. The principal purpose of the power of attorney is to enable the attorney to do on behalf of

This Q&A refers you to the following to assist in your consideration of this scenario. Subject to any restrictions included by the donor in the property and financial affairs LPA, the attorney under this type of LPA will be able to do almost anything which the donor could have done for themselves in relation to their financial affairs (the power does not extend to decisions over health and welfare). This may include withdrawing money from accounts, paying household bills, signing cheques, collecting income and benefits, buying and selling shares or property. For further guidance, including guidance on limitations, including regarding investments, see Practice Note: LPAs—the attorney's duties and powers. This Q&A also refers you to Commentary: Chapter 16 Equity Release: Elderly Clients:

The Public Contract Regulations 2015 (PCR 2015), SI 2015/102, reg 57(1) requires contracting authorities to exclude an economic operator from participation in a procurement procedure where that operator has been convicted of any one of a number of specified offences. The particular offences that give rise to mandatory exclusion are laid out in PCR 2015, SI 2015/102, reg 57(1)(a)–(m) and include: • conspiracy • corruption • bribery • fraud affecting the European Communities’ interests • terrorism offences • modern slavery offences, and • money laundering A conviction for a breach of health and safety law does not fall within any of these categories of offences giving rise to mandatory exclusion. However, under PCR 2015, SI 2015/102, reg 57(8) contracting authorities may also exclude an economic operator from a procurement procedure: ‘where the contracting authority can demonstrate by any appropriate means a violation of applicable obligations referred to in PCR 2015,

As indicated, the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 provides a number of instances whereby a local planning authority must notify an applicant within a 56-day window. For example, Schedule 2, Permitted Development Rights, Part 3 Changes of Use, W (11) (SI 2015/596, Sch 2, Pt 3) states: ‘(11) The development must not begin before the occurrence of one of the following— (a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required; (b) the receipt by the applicant from the local planning authority of a written notice

By virtue of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 as amended (MLRs 2017), the types of trust that need to be registered with the Trust Registration Service (TRS) include the following, unless an exclusion applies: • all UK express trusts regardless of whether they have a UK tax liability • all non-UK express trusts with a UK tax liability • all non-UK express trusts which acquire UK land or which have at least one UK resident trustee and enter into a specified UK business relationship An express trust is one which results from the clear intention of the settlor, and therefore would include an employee benefit trust (EBT). An EBT would usually fall within either the first or second category listed above. Assuming that this is the case, the deadline for registration depends upon whether or not the relevant trust is taxable or not: • registrable

As our in-house team are England and Wales qualified our LexisAsk service does not cover questions outside of this jurisdiction. This Q&A refers you to the following information, based on the law of England and Wales, which you may find useful. The right to take time off from work for holidays may arise under contract or statute. In relation to statutory holiday entitlement, the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, which implement Directive 2003/88/EC, the Working Time Directive (WTD), give workers a statutory entitlement to paid holiday. This entitlement is to a total of 5.6 weeks' annual leave each 'leave year', made up of: • a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Working Time Directive • an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year,