Section 33A of the Immigration Act 2014 (IA 2014) (as inserted by section 39 of the Immigration Act 2016 (IA 2016)) provides that a landlord under a residential tenancy agreement commits an offence if the premises are let to an adult who is disqualified as a result of their immigration status from occupying the premises and the landlord knows or has reasonable cause to believe that the premises are occupied by a disqualified adult. ‘Landlord’ is not defined in IA 2014,

Conversion as a tort Conversion of goods is a tort for the purposes of limitation. It is now governed by section 1(a) of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977). Under T(IG)A 1977, s 2(2) an action now lies in conversion for loss or destruction of goods which a bailee (the person to whom goods are entrusted) has allowed to happen in breach of his duty to his bailor (the person who is entrusting the goods). The limitation periods for claims in tort are set down in the Limitation Act 1980 (LA 1980). LA 1980, s 2 makes it clear that an

The right to receive a written statement of particulars is given to ‘employees’ (as defined by section 230(1) of the Employment Rights Act 1996 (ERA 1996)) who have worked for one month or more, with the exception of mariners. One relevant consideration is whether a given offshore employee is protected under ERA 1996. ERA 1996 is silent as to its territorial application; this question is considered in the judgment of the House of Lords in Lawson v Serco and subsequent

There are four categories of work for the purpose of identifying which hours count (and do not count) as hours worked for which the national minimum wage is payable: • salaried hours work • time work • output work, and • unmeasured work Which of these four categories applies will depend upon the way in which a worker is paid for what they do. For further information, see: • Practice Note: National minimum wage—Hours worked for national minimum wage purposes • Checklist: Minimum wage compliance checklist, which summarises the main steps and matters to be considered in determining whether or not someone is entitled to receive and receives the minimum wage Under the National Minimum Wage Regulations 2015, the word ‘training’ is defined to include all of the following: • receiving training at his normal place of work • attending another venue, when he would otherwise be working, to receive training approved by the employer • travelling, when he would otherwise

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended, require you to collect proof of registration or an excerpt of the relevant register containing information on the beneficial ownership of corporate, trust and registerable overseas entities at various points in the business relationship. You must report any material discrepancy between the beneficial ownership information on the registers and the information made available to you to the registrar, eg Companies House, or in the case of a trust, to the Commissioners, which must then take appropriate action to investigate and, if necessary, resolve the discrepancy in a timely manner. Note that only discrepancies which are ‘material’ are reportable, so not typos or

Depending on the scope of a school or governing body’s capability procedures, information for the purposes of the School Staffing (England) Regulations 2009, SI 2009/2680, reg 8A can cover capability issues arising both from poor performance and sickness absence. This Q&A is limited to the law of England. School Staffing (England) Regulations 2009, SI 2009/2680 govern various matters in connection with staff at maintained schools and academies in England. In particular, they deal with capability and disciplinary procedures concerning staff at such schools, including the procedures relating to how staff grievances are to be dealt with by the schools’ governing bodies. School Staffing (England) Regulations 2009, SI 2009/2680, reg 8 provides that the governing body of a maintained school and academy ‘must establish procedures for dealing with lack of

The legislative purpose of the statutory declaration mechanism is to ensure that if a tenant has less than 14 days to consider its position, then there should be a process to match the safeguards previously offered by the old procedure where a court order was necessary in order to contract out in line with the well-established and legally tested procedure under the Statutory Declarations Act 1835. The term commencement date for the lease should be inserted in paragraph 1 of the tenant’s declaration. If this date is not certain, for example if it is to commence on the date the tenancy is completed or will be calculated by reference to another date (such as the date of completion of building works), it is common to use wording such as ‘the date on which the tenancy is granted’ or ‘the date set out in the lease’ even though

Sections 171–177 of the Companies Act 2006 (CA 2006) set out the statutory duties (often known as the general duties) owed by a director to their company. CA 2006, s 175(1) provides that a director of a company must avoid a situation in which he has, or can have, a direct or indirect interest that conflicts, or possibly may conflict, with the interests of the company.

Regulation 6 of the Privacy and Electronic Communications (EC Directive) Regulation 2003 (PECR 2003), SI 2003/2426 provides that a person shall not store or gain access to information stored in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met. Those requirements are that information has been given to the user or subscriber, and that they have given consent. There are no provisions

In this Q&A, we have dealt with the extent to which the operator of a marketplace platform service needs to ensure the trader using the platform to sell goods has supplied requisite information in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Consumer Contracts Regulations 2013), SI 2013/3134. The specific question is whether the operator needs to ensure that all information listed in the Consumer Contracts Regulations 2013, SI 2013/3134, Sch 2 is provided by the trader or only that required in Consumer Contracts Regulations 2013, SI 2013/3134, Sch 2 para (c). The information required by the Consumer Contracts Regulations 2013, SI 2013/3134, Sch 2 is required in respect of both ‘off premises contracts’ and ‘distance contracts’ (as both defined in the Consumer Contracts Regulations 2013, SI 2013/3134, reg 5) made between a trader and consumer. ‘Trader’

Often once of the most valuable assets of a long-established business is its address. This value may not be tangible but rather is reflected in the goodwill gained by permanence. If the business occupies the premises pursuant to a lease, the default position will be that it has the right to seek a new lease upon expiration of the term. This protection is afforded by Part II of the Landlord and Tenant Act 1954 (LTA 1954). It is possible for the parties to contract out of the provisions of the LTA 1954, but if this is not provided for in the lease, the right to a new lease will

Does the owner of a watercourse have a right to drain into that watercourse? An owner of land abutting on water is a ‘riparian owner’ (see Commentary: Rights of access of riparian owners: Halsbury’s Laws of England [128]). By a presumption of law and in the absence of any evidence to the contrary, the ownership of the bed of a non-tidal river or stream belongs in equal halves to the owners of the riparian land (see Commentary: Presumption of ownership: Halsbury’s Laws of England [121]). Riparian law is a complex area. The following may assist you with your research. Riparian owners have certain rights and obligations, including the right to water flow and flood protection. However, riparian owners also have common law duties to other riparian owners, the community and the environment. Such responsibilities include letting water flow through their land without any obstruction, pollution or diversion which would affect the rights of others. See: Riparian