The tenancy agreement When a tenant wishes to know what their obligations are with respect to terminating their tenancy, their first point of reference should always be their tenancy agreement. The tenancy agreement may make express provision for the tenant to terminate their tenancy during the fixed term (for example by operation of a break clause) or, once the tenancy has become a statutory periodic tenancy by virtue of the fixed term having expired, by specifying the amount of notice which the tenant must give. A ‘period’ of the tenancy Where the tenancy agreement does not expressly make

Absent any provisions in the lease, goods remaining in the premises after the end of a lease continue to belong to the tenant (or other third party owner). The landlord therefore becomes the involuntary bailee of the goods. This may cause problems for a landlord who will want to empty the property ready for re-letting or other use, and may incur costs doing so. The landlord: • cannot seize or dispose of the goods, but must do what is ‘right and reasonable’ • may be liable in the torts of conversion, or wrongful interference with goods, if the goods are sold, damaged or disposed of The landlord can avoid these risks by following the procedures set out in the Torts (Interference with Goods) Act 1977 (T(IG)A 1977),

TMT analysis: On 3 December, the ASA published three decisions about ads in the fashion sector, showing how ASA is using its Active Ad Monitoring system to target its resources at the issues that it deems important. The decisions underscore a central principle that runs through recent cases and guidance: automation does not dilute an advertiser's responsibility for the content of its advertising.

Practice Note: Brexit materials—right to work checks looks at the current position as regards employing EEA nationals during and after the end of the transition period, on 31 December 2020. The following response is made of up relevant extracts from that Practice Note. The relevant statutory regime covering illegal working requires an employer to undertake right to work checks prior to the commencement of employment of all new employees, if they are to obtain a statutory excuse against any future civil penalty. Where a new employee has immigration permission, or an EU right of residence, which is not unlimited in nature, the employer will be required to undertake further follow up checks. For full details on the illegal

Insurance taken out after an accident in contemplation of legal proceedings.

Under section 43(3) of the Landlord and Tenant Act 1954 (LTA 1954), the security of tenure provisions for commercial tenancies under LTA 1954, Pt II do not apply to short-term business tenancies of six months or less, provided certain conditions are met. There is therefore no need to ‘contract out’ such tenancies when they are granted. A short term business tenancy is specifically excluded from the security of tenure provisions under LTA 1954, Pt II without the need to go through the ‘contracting out’ process provided: • it is granted for a term certain not exceeding six months • it contains no provision for renewing the term or for extending it beyond six months from

Commercial analysis: in this High Court judgment concerning two cross applications for strike-out and adding a party, the primary dispute related to an unpaid debt for investment consultancy services and the assignment of the sums due. The court decided that the prohibition of assignment clauses were valid and enforceable but that the claimant’s application to join the original assigning party should proceed thereby allowing the claim to continue. Written by Alexander Whatley, barrister at 3PB Chambers.

Bankruptcy estate Under section 306(1) of the Insolvency Act 1986 (IA 1986), the bankrupt’s estate vests in the trustee in bankruptcy (trustee) immediately on their appointment, whether they are the official receiver (OR) or an insolvency practitioner (IP). Property vests automatically, without conveyance, assignment or transfer. The bankrupt’s estate comprises: • all property belonging to or vesting in the bankrupt at the commencement of the bankruptcy (ie when the bankruptcy order is made), and • any property which, by virtue of IA 1986, Pt IX is comprised in, or treated as falling within, the estate ‘Property’ is very widely defined. For further reading, see: What vests and doesn't vest in the trustee in bankruptcy—checklist. Aside from property which is obviously part of the estate on bankruptcy, there are two principal ways in which the trustee can increase the property within the estate: • firstly, the trustee can apply to set aside any antecedent transactions such as transactions at an undervalue and/or preferences. This Practice Note does not

The application process Insolvency practitioners (IPs) can approach insurers directly. However, brokers will often assist as they can test the market to ensure that the IP is getting the best deal available. Ordinarily, IPs leave their solicitors to purchase After-the-Event (ATE) insurance on their behalf. The solicitor will either approach insurers directly or via a broker. The process involves completing a proposal form and providing supporting documentation. While each broker/insurer will have their own proposal form, for submissions to multiple insurers only one form should be required as insurers accept other forms. The key to any documentation provided to insurers is to ensure that underwriters can understand the claim being brought and the defences to that claim. They will also require some legal analysis, usually in the form of counsel’s opinion, demonstrating the strength of the claim. In the absence of formal counsel’s opinion, an internal risk assessment on the merits may be of assistance. While not an exhaustive list, examples of the documentation that is to be submitted in support

An ‘aftermarket’ is any market where customers who buy one product or service are likely (or indeed compelled) to buy a related or complementary follow-on product. For example, customers who install a software package may constitute an aftermarket for software support services.

Law360, London: The Court of Appeal upheld Aga's trade mark infringement victory against an aftermarket modification company on 15 December 2025, ruling that its 'eControl Aga' conversion kits hinted at a link with the original manufacturer.

A special category of trust which was introduced by Finance Act 2006 to offer some compensation for the loss of old style A&M trusts. If the particular conditions are satisfied, favourable inheritance tax will apply to the trust.