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An application to the court for a section 8 order under the Children Act 1989 on Form C100 has been made. Included in this was provision for a specific issue and prohibited steps. Directions have been agreed but matters have become urgent and an application for prohibited steps within the existing proceedings needs to be made. What application form is needed? Where proceedings have been issued seeking orders under section 8 of the Children Act 1989 which Form should be used to make an interim application for a prohibited steps order within those proceedings?
Q&As
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18 supplemented by FPR 2010, PD 18A sets out the procedure to be adopted for other applications made in the course of existing proceedings. An applicant may use the FPR 2010, SI 2010/2955, Pt 18 procedure if the application is made in the
An approved individual voluntary arrangement (IVA) proposal provided that the debtor’s jointly-owned property was to be valued 12 months before the end of the IVA and funds to the value of the debtor’s equity be paid into the IVA. The debtor, before being made bankrupt by the supervisor on failure of the IVA, sold the property, bought a property in her sole name, and then (while the petition was pending) transferred it into her partner’s sole name. Is it for the supervisor or the trustee in bankruptcy to investigate and deal with this issue?
Q&As
Background—bankruptcy and its effect on an individual voluntary arrangement (IVA) A bankruptcy order may be made against a debtor notwithstanding the existence of an individual voluntary arrangement (IVA): • on presentation of a petition by a creditor whose debt arose after the approval of the IVA • where the debtor has breached the terms of the IVA, or is otherwise in default There is a gap in the current insolvency legislation, in that the effects of the making of a bankruptcy order on an
An arbitrator talks what AI can’t do—and what it can
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Law360: The emergence of ChatGPT in late 2022 has changed the legal industry for good, and it's gotten many wondering: How soon until artificial intelligence begins taking over certain tasks performed by lawyers? Within arbitration, the question has naturally become how the chatbot would do in an actual arbitration.
An area of unregistered woodland was purchased in 1969 and the conveyance contained rights of access over adjoining property. The adjoining property has since been registered, however the rights of access to the woodland are not noted on the register (ie it would appear that on first registration the 1969 conveyance was not presented to LR). Will the rights granted in the 1969 Conveyance be overriding easements?
Q&As
The continuing enforceability of the right of access, after first registration of the A Land, depends on when first registration of the title to the A Land took place. If first registration of the A Land occurred before 13 October 2003, under Land Registration Act 1925, ss 5 and 9 (LRA 1925), the first proprietor of the A Land took the title subject to any overriding interests which affected the A Land. The right of access would be an overriding interest either because it was: • a legal easement (under LRA 1925, s 70(1)(a)); or • an unprotected equitable easement if it was openly exercised and enjoyed with W (see
An assignment of a commercial lease has been agreed. What is the best way to document variations of a lease and the extension of term? Is it possible to include the variations in the licence to assign as they will take effect on assignment and deal with the extension of the term by a reversionary lease with the assignee on completion of the assignment?
Q&As
How a commercial lease transaction should be structured depends on many factors, including: • the type of client involved (eg corporate, individual, partnership) • the aims of the parties involved and their respective bargaining power • the existing contractual position between the parties (if any) • the type of property (or interest in the property) • any relevant statutory provisions • the required timetable (and if applicable the sequence of linked transactions) • any conditionality • tax implications Transactions that are linked to each other can be complex. Practitioners should ensure that they understand the transaction(s) as a whole, noting in particular their client’s aims, any conditionality, transaction triggers and deadlines. Note also that the tax
An assured shorthold tenancy (AST) fixed term has ended and it has become a monthly periodic AST. A section 8 notice was served and the tenant alleged that they no longer reside at the property. Their partner and children remain at the property who have not been added to the tenancy agreement. If possession proceedings under the section 8 notice are issued, would a possession order and subsequent warrant of possession enable the landlord to evict the tenant’s partner? If not, how does the landlord evict the tenant’s partner? Could this be through a notice to quit and, if possession is not granted, a trespass claim?
Q&As
If a sole assured tenant admits that they no longer reside at the demised premises as their only or principal home (the residence condition), the assured shorthold tenancy (AST) loses its status as an assured tenancy; the tenancy continues in existence as a common law tenancy and, being periodic, can be terminated by notice to quit (NTQ) which complies with both the rules of common law and section 5 of the Protection from
An assured shorthold tenancy (AST) was granted for a fixed term of six months and is now a statutory periodic tenancy: can a section 21 notice be served if a failure to serve an EPC certificate and gas safety certificate is corrected (we are aware that a failure to serve the prescribed information can be rectified and a section 21 notice then validly served); where the tenant pays part of the rent and the rest is paid by social security, can the landlord serve a section 8 notice where only the part paid by the tenant is in arrears for two months?; is the landlord restricted from obtaining possession where he has failed to notify his mortgage lender that he has let out the property?
Q&As
Legislation As of October 2015 and the coming into force of sections 31 to 41 of the Deregulation Act 2015 (DA 2015) and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646, a section 21 notice may not be given at any time when: • the landlord is in breach
An assured shorthold tenancy agreement includes a clause stating ‘if any items left in the property are not collected within 14 days from the end of the tenancy, the landlord may dispose of the items and retain the proceeds of that sale’. Is the landlord able to enforce this and retain the proceeds of sale? Is 14 days a sufficient and fair period of time for the tenant to collect the goods?
Q&As
In the absence of any express provisions in a lease, a landlord will become an involuntary bailee of any of the tenant’s goods left behind following forfeiture or expiry of a tenancy. A landlord will be under a duty not to deliberately destroy or damage the goods and to take reasonable care of them until they are returned to their owner or disposed of. To prevent a landlord being required to retain any goods left behind for a lengthy period and at great cost, the Torts (Interference
An assured shorthold tenancy agreement says the rent is £5,500 per month but payable quarterly. The fixed term has ended and continues on a periodic basis. Is the tenancy a monthly periodic or quarterly?
Q&As
The answer to this question is given in section 5 of the Housing Act 1988, which provides: ‘“(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of— (a) an order of the court [of the kind mentioned in subsection (1)(a) or (b) or any other order of the court], (b) a surrender or other action on the part of the tenant[, or (c) the giving of a notice under section 33D of the Immigration Act 2014], then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house
An assured shorthold tenancy is fixed for a period of two years but the deposit was initially only protected for 12 months. Following the expiry of the initial protection period, the landlord failed to immediately re-protect the deposit with a deposit protection service, leaving a gap of few days in the certificate. Would the mere presence of such gap invalidate a notice under section 21 of the Housing Act 1988 or give rise to a claim for compensation?
Q&As
The Housing Act 2004 (HA 2004) introduced requirements relating to the protection of tenancy deposits, which have been reformed on a number of occasions. The area is complex and technical, but can give rise to a defence to a claim for possession under section 21 of the Housing Act 1988 (HA 1988) procedure, and can give rise to the obligation for the landlord to return the deposit and to pay a financial penalty of between one and three times the amount of the deposit. HA 2004, s 213 provides that any deposit must, as from the time when
An assured shorthold tenancy is granted for a term of seven years, but provides that in the event of the death of the tenant or if the property remains unoccupied for a period of two months, the tenancy shall determine immediately without any requirement for a notice to be served. Would this provision render the tenancy void for uncertainty pursuant to section 149(6) of the Law of Property Act 1925, meaning that it would take effect as a 90-year lease?
Q&As
An assured shorthold tenancy (AST) does not determine automatically, either on the basis of the death of a tenant or by it remaining vacant for a period of time. The main methods of terminating an AST are by service of a section 21 notice or by relying upon one of the grounds that enable reliance by a section 8 notice. In both circumstances, a court order is required to obtain possession if the tenant does not vacate voluntarily. Possession can be obtained by abandonment, where the tenant vacates the property with no intention to return, but
An assured shorthold tenancy of six months has been granted that contains a clause that says the tenant can only occupy for residential use and purposes only. The tenant runs a breakdown recovery service, and although they carry out no repairs at the property nor do customers go to the property the landlord wishes to serve a section 8 notice and potentially a possession order based on ground 12 of schedule 2 of the Housing Act 1988. Would the tenant basing his truck at the rental property and waiting in the property during business hours waiting on phone calls to rescue broken down drivers be considered business or non residential use?
Q&As
An assured shorthold tenancy (AST) provides for security of tenure. In order to be such a tenancy, it must be an assured tenancy, and fulfil the requirements set out in the Housing Act 1988, s 1(1) (HA 1988). They include the requirements that the tenant (or at least one of them) must occupy the dwelling as his only or principle home. If the tenant (or at