This Q&A considers the question of whether a contractual break clause must be exercised in order to terminate a telecoms lease in circumstances where the rights of occupation are continued by statute. Terminating a telecoms lease Paragraph 31 of the Electronic Communications Code (the new Code) makes provision for a site provider (meaning a landlord) under a code agreement to bring the agreement to an end. In order to give notice, the site provider must serve a notice in accordance

The court's ability to make an order for the transfer of property order derives from section 24(1) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 2, para 7(1), of the Civil Partnership Act 2004 (CPA 2004). The court's ability to make an order for sale derives from MCA 1973, s 24A (or CPA 2004, Sch 5, Pt 3, para 10). An order for sale may only be made where the court has made an order under MCA 1973, ss 22ZA, 23 or 24 (or the civil partnership equivalent) for: • a legal services order • a secured periodical payments order • the payment of a lump sum order • a property adjustment order In relation to difficulty tracing the respondent, Butterworths Family Law Service states (at paras [2071]–[2074]) that: 'On rare occasions the address of the respondent may be unknown and it may not be possible to effect

If a landlord fails to respond to a section 42 notice served under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), either within the timescale specified in the notice or not at all, then there are very few options open to the landlord to retrieve the situation. Under these circumstances, the tenant can apply to the court for an order under LRHUDA 1993, s 49 requiring the landlord to grant a new lease on the exact same terms which were set out in the section 42 notice (LRHUDA 1993, s 42). Normally, the premium quoted in the section 42 notice will be on the low side. The Court of Appeal in Willingale v Globalgrange Ltd stated that so long as the court is satisfied that on the relevant date the tenant had the right to a new lease of their flat and

Distinction between a lease and a licence It is important to distinguish between a lease (ie a tenancy) and a licence (see Street v Mountford for the distinction between a tenancy and licence). A lease gives rise to a relationship of landlord and tenant, and is a proprietary right. A licence, on the other hand, is a purely personal right to occupy some premises and no security of tenure can arise under a licence. Termination of a commercial lease Part II of the Landlord and Tenant Act 1954 (LTA 1954) makes provision relating to business tenancies. LTA 1954, s 23(1) provides that LTA 1954, Pt II applies: ‘…to any tenancy where the property comprised in the tenancy is or includes premises which are occupied

The Court of Justice’s decision essentially says that if an overly broad specification of goods and/or services has been registered, and the applicant had no intention to use the mark or else only in relation to some of those goods or services, the registration (or some aspects of it) may be invalid on the grounds of bad faith. The qualifier, though, is that it constitutes bad faith if the applicant (presumably at the time of applying) had the intention either of undermining the interests of a third party (which is thereby inconsistent with honest practices) or intended to obtain the trade mark right for a purpose or purposes other than those relating to the functions of a trade mark. This applies where that is the case for all or only some of the goods/services that were applied for. To

It was established in the High Court case of Discovery (Northampton) Ltd v Debenhams Retail Ltd that a company voluntary arrangement (CVA) cannot vary the landlord’s right of forfeiture since it is a proprietary right. For further reading on the Discovery (Northampton) Ltd v Debenhams Retail Ltd case, see News Analysis: CVAs can compromise landlords’ claims for future rent (Discovery (Northampton) Ltd and others v Debenhams Retail Ltd and others). If a landlord forfeited on the basis of the company voluntary arrangement (CVA) (where a lease provides that this gives rise to a right to

HMRC can open an enquiry into a tax return by giving notice of an enquiry to the taxpayer (or their agent) within certain time limits (referred to as the enquiry window). Under section 9A(4)(a) of the Taxes Management Act 1970 (TMA 1970), an enquiry extends to ‘anything contained in the return, or required to be contained in the return, including any claim or election included in the return’. (A similar scope is provided by TMA 1970, s 12AC(4) and paragraph 25 of Schedule 18, Part IV to the Finance Act 1998). The legislation

The General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) is an EU regulation that will come into force automatically in the UK on 25 May 2018 before the UK will have been able to leave the EU (ie prior to Brexit). UK organisations will therefore need to prepare for and start to comply with the GDPR notwithstanding Brexit. Other EU Member States must also comply with GDPR from 25 May 2018. The UK government has confirmed that the UK’s decision to leave the EU will not affect the commencement of the GDPR. Guidance on consent and international

Moving from administration to creditor’s voluntary liquidation (CVL) In very general terms, if an administrator thinks there are sufficient funds to allow for a payment to unsecured creditors of the company (if any) and all secured creditors have been paid or provided for then he may wish to distribute funds through a creditors' voluntary liquidation (CVL) under paragraph 83 of Schedule B1 to the Insolvency Act 1986 (IA 1986) (IA 1986, Sch B1, para 83), as amended by the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015). In order to convert

Law of Property Act 1925 (LPA)/fixed charge receiver agency An LPA/fixed charge receiver is deemed to be agent of the mortgagor (not the mortgagee) and therefore can exercise all the powers that the mortgagor has in respect of the property owned by the mortgagor subject to the charge. It should be noted, however, that as an agent of the mortgagor, the receiver’s position differs to the usual bilateral principal/agent relationship. In the case of a receiver there will be a third party involved, the mortgagee.

Do you agree there remains a statutory lacuna in relation to the correct reference period in relation to workers with normal working hours whose normal remuneration varies due to overtime pay, allowances, bonuses, commissions and other similar payments, or does the statutory amendment compel the use of a 52-week reference period in relation to this category of worker? With effect from 6 April 2020, the Employment

Section 48 of the Inheritance tax Act 1984 (IHTA 1984) defines ‘excluded property’ in the context of settlements. IHTA 1984, s 48(3) provides that: ‘…(3) Where property comprised in a settlement is situated outside the United Kingdom— (a) the property (but not a reversionary interest in the property) is excluded property unless the settlor was domiciled in the United Kingdom