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Q&As
Section 3 of the Unfair Contract Terms Act 1977 (UCTA 1977) provides that, when dealing on one party’s written standard terms of business, that party cannot, by reference to any contract term: • exclude or restrict any business liability in respect of their own breach of contract, or • claim to be entitled to render a contractual performance substantially different from that which was reasonably expected of them, or to render no performance at all (in respect of the whole or any part of their contractual obligations) except to the extent that such contract term satisfies the requirement of reasonableness. In relation to contracts entered
Q&As
Pursuant to: • section 33(1) of the Deregulation Act 2015 (DA 2015), a landlord cannot serve a section 21 notice within six months of service of a relevant notice or six months of suspension of a relevant notice. A relevant notice is an improvement or remedial notice served on a landlord under sections 11–12 and 40(7) of the Housing Act 2004 • DA 2015, s 33(2), any notice served pursuant to section 21 of the Housing Act 1988 will be invalid where: ◦ the tenant made a complaint about the condition of the property before the section 21 notice was served ◦ the landlord failed to reply within 14 days of the complaint, or provided an inadequate response,
Q&As
Section 33 of the Wills Act 1837 (WA 1837) provides that where: • a Will contains a devise or bequest to a class of person consisting of children or remoter descendants of the testator • a member of the class dies before the testator, leaving issue, and • issue of that member is living at the testator's death then unless a contrary intention appears by the Will, the devise or bequest shall take effect as if the class included the issue of its deceased member living
Q&As
Section 33(1) of the Wills Act 1837 (WA 1837) provides that: • where a Will contains a devise or bequest to a child or remoter descendant of the testator; and • the intended beneficiary dies before the testator, leaving issue; and • issue of the intended beneficiary are living at the testator’s death, then, unless a contrary intention appears by the Will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death. The result of this provision is that a legacy left to a child who predeceases the testator is treated as being a legacy to the children of that child. This statutory provision is an exception to the general rule that, as a legacy is imperfect until the death of
Q&As
Section 333(1)(c) of the Insolvency Act 1986 (IA 1986) does not seemingly impose a positive duty on an undischarged bankrupt to report decreases in expenditure to the trustee without being prompted. The provision requires the bankrupt to 'do all such other things as the trustee may reasonably require' for the purpose of carrying out the trustee's functions. This duty is reactive rather than proactive, meaning the bankrupt is obligated to comply with reasonable requests made by the trustee but does not appear to be
Q&As
Section 3C leave (Immigration Act 1971) Section 3C of the Immigration Act 1971 (IA 1971) temporarily extends an applicant’s leave for the period that their application is under consideration, including when pursuing an appeal or administrative review following a negative decision. This is dependent on their submitting an in-time application for variation of that leave and protects the applicant from becoming an overstayer. Indefinite leave to remain on the grounds of long residence under Para 276B (Immigration Rules Part 7) The long residence rule permits an applicant to apply for indefinite leave to remain if they can demonstrate that they have been present in the UK for a continuous and lawful period of ten years. The definition of ‘continuous’ is found in Immigration Rules, Part 7, para 276A(a). The three main
Q&As
Is the sub-soil excluded for the purposes of creating a basement? It would be prudent at the outset to check the relevant party has rights to the sub-soil. If the existing property interest is contained within a lease, the definition of demised premises should be checked to ascertain whether the demise includes the sub-soil. Landlord Note that for the Landlord and Tenant Act 1987 (LTA 1987) to apply, the landlord of the building must be the one making a 'relevant disposal'. Premises to which the right of first refusal applies The right of first refusal applies where premises consist of the whole or part of a building, see:
PRACTICE NOTES
Section 54 of the Modern Slavery Act 2015 (MSA 2015) requires certain commercial organisations operating in the UK to produce an annual transparency statement setting out the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains or any part of its business. The statement could include information about the structure of the organisation, policies, due diligence, assessment and management of risk, training and effectiveness in ensuring the business's supply chain is free from modern slavery and human trafficking. MSA 2015, s 54 applies to all commercial organisations that: • carry on a business, or part of a business, in the UK
Q&As
Section 64C(1) of the Financial Services and Markets Act 2000 (FSMA 2000) provides that if a relevant authorised person takes disciplinary action in relation to a relevant person and the reason, or one of the reasons, for taking that action is a reason specified in rules made by the appropriate regulator for the purposes of this section, the relevant authorised person must notify the regulator of that fact. FSMA 2000, s 64C(2) defines ‘disciplinary
Q&As
Section 7(6) of the Housing Act 1988 (HA 1988) provides that the court shall not make an order for possession to ‘take effect at a time when it is let on an assured fixed term tenancy’ unless: • the possession is on the basis of mandatory grounds 2, 7A, 7B or 8 (HA 1988, Sch 2, Pt I), or any discretionary ground other than grounds
Q&As
Section 7(6) of the Housing Act 1988 prevents a court from making a possession order during the contractual term of a fixed term tenancy, unless the landlord can rely on certain specified grounds and the tenancy has a provision allowing it to be determined
Q&As
In certain debtor-creditor-supplier (or DCS) relationships, a consumer who has a claim against a supplier may have a 'like claim' as against the creditor under section 75 of the Consumer Credit Act 1974 (CCA 1974). In order for a claim to be successful under CCA 1974, s 75 six conditions must be satisfied (see Commentary: Prerequisites of Liability under the Consumer Credit Act 1974, ss 75 and 75A: Goode: Consumer Credit Law and Practice [33.144]). With respect to