Previous tenancy agreements The answer to this question appears to turn on the procedure that the landlord wishes to use. Where the landlord wishes to use the accelerated possession procedure, CPR 55.13 requires that: ‘(1) The claim form must– (a) be in the form set out in Practice Direction 55A; and (b) (i) contain such information; and (ii) be accompanied by such documents, as are required by that form.’ The form

A break clause allows the landlord or the tenant to exercise the option to bring a tenancy to an end before the expiration of the fixed term. Such clauses allow an element of flexibility and are increasingly common particularly in response both to the financial crash in 2008 and the coronavirus (COVID-19) pandemic. Many tenants wish to afford themselves protection by the ability to exit a fixed term tenancy before the end of the term and thus are likely to insist on such clauses. When considering service of a break notice, first recourse should be had to the terms of the lease. The lease may specify the manner in which notices are to be given including where

Summary of electronic marketing rules in Privacy and Electronic Communications (EC Directive) Regulations 2003 The Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 covers, among other things, unsolicited marketing through telephone, fax and electronic means (ie email). Electronic mail means any text, voice, sound or image message sent over a public electronic communications network, which can be stored until it is collected by the recipient. It specifically includes messages sent by text. PECR 2003, SI 2003/2426 must be complied with when considering making unsolicited calls or sending unsolicited texts or emails to generate marketing leads, even if the initial message does not include any sales or promotional material (see Information Commissioner’s Office (ICO) guidance—Direct marketing). It is not permitted to send emails without the consent of the recipient, unless there has been previous marketing of similar products or services to which there has been no objection. There

The Lending Code is a voluntary code of practice, setting standards for banks, building societies, credit card providers and their agents dealing with certain types of their customers (individuals, micro-enterprises and small charities) in the UK. The Lending Code was initially issued by the British Bankers' Association (BBA), the Building Societies' Association (BSA) and the UK Cards Association on 11 March 2011. It was most recently revised on 28 September 2015 when the BSA withdrew as one of its sponsors owing to the diminishing presence of building societies in markets covered by the Lending Code. The Lending Code does not provide a definition of a ‘merchant agreement’ in the glossary, in fact Principle

The Immigration Rules, Introduction, para 6 defines a stepfather as ‘a parent’ only in circumstances where the child’s father is dead. The Immigration rules, Part 8, para 319H provides the framework for an application for a dependent child of a PBS or Appendix W migrant. One of the requirements in Immigration Rules, Part 8, para 319H(b) is that: ‘…(b) The applicant must be the child of a parent who has, or is at the same time being granted, valid entry clearance, leave to enter or remain, or indefinite leave to remain, as: (i) a Relevant Points Based System Migrant or Appendix W Worker, or (ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.’ Where the mother of the child has leave (or is being granted leave at the same time as the dependant

When considering the investment of funds requirement for Tier 1 (Entrepreneur) extension applications, the Immigration Rules, Part 6A, para 245DD(k)(ii) states that: ‘the applicant has genuinely invested the money referred to in Table 5 of Appendix A into one or more genuine businesses in the UK to be spent for the purpose of that business or businesses’ The words ‘to be’ seem to add some confusion as to whether the money needs to be invested, spent or both. The Immigration Rules, Part 6A, para 245D(c)(ii) elaborates on the definition of ‘investment’, stating: ‘“Invested” means that the funds have been invested

In order to secure indefinite leave to remain, amongst other requirements, a child must comply with the Immigration Rules, Part 8, para 298(c), which states as follows: ‘(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent;’ Originally, the Immigration Rules, Part 8, para 298(c) only concerned whether a parent had sole responsibility of the child, but the provision was amended on 13 December 2013, allowing the requirement to be satisfied if the parent could prove that the child ‘normally lives with’ them. Therefore, if a parent of a child can demonstrate that the child normally lives with them and not their other parent, the above requirement can be

It is a general principle of agency law that the knowledge of an agent is imputed to the principal. Thus, what an agent knows, the principal is deemed to know. However, there are exceptions to this rule. For example, in Moore Stephens v Stone & Rolls Ltd, the House of Lords considered a principle of the law of agency known as the Hampshire Land principle after the decision in In re Hampshire Land Company. As Lord Phillips of Worth Matravers stated: ‘Hampshire Land applies where an agent has knowledge which his principal does not in fact share but which under normal

This Q&A assumes that the company is a UK limited company as specified in Immigration Rules, Appendix FM-SE, para 9(a), namely, that the spouse is the director and/or employee of the company, and they hold shares directly or indirectly, and any remaining shares are held (directly or indirectly) by fewer than five other people. In order to make a successful application for entry clearance as a spouse, the applicant must provide evidence that they and their partner (the ‘sponsor’) have a gross annual income of at least £18,600 (Immigration Rules, Appendix FM, para E-ECP.3.1.). Where the income being relied on is from salaried employment, it is possible to meet the financial requirement with six months’ worth of evidence (Immigration Rules, Appendix FM-SE, para 2). However, the requirements are different where an applicant is relying

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for DCM lawyers? [Archived] With respect to the foreign private adviser exemption for purposes of applying the clients and investors threshold, an adviser generally must count as a client each natural person, managed account, or company that it directly advises. Under Rule 202(a)(30)–1 of the Investment Advisers Act 1940,

As noted in Practice Note: Claiming damages—tort and contract claims compared, the normal rule is that damages are assessed by reference to events taking place, and values obtaining, as at the date of the breach or wrong. However, the court retains its discretion to assess damages from a different date

As the question sets out, personal representatives (PR) in the UK of a person who has died are defined in section 989 of the Income Tax Act 2007 (ITA 2007) as: ‘...persons responsible for administering the estate of the deceased’. A person who is appointed as an executor in a Will may: • renounce probate (in which case they never become