On the basis that the assured shorthold tenancy (AST) has specific provision for the named permitted occupier, and assuming that the rent has always been paid to the landlord by the tenant rather than by the permitted occupier, it does not appear there would be any basis on which the permitted occupier could assert that they have any type of direct tenancy between them and the landlord. It is important to obtain an order for possession against the named tenant in the AST so as to: • formally bring to an end the AST • safeguard against any potential claim for unlawful eviction This

This Q&A deals with the practical difficulties landlords may face in circumstances where they wish to serve a section 21 notice (section 21 of the Housing Act 1988 (HA 1988)), but the deposit has not been protected in an authorised tenancy deposit scheme (TDS). In particular, a failure to place a deposit in a TDS and comply with the ‘initial requirements’ imposed by the authorised TDS will prevent a landlord from utilising the section 21 procedure under HA 1988. For more information, see Practice Note: Tenancy deposit schemes. The landlord will still be unable to serve a section 21 notice where they have taken steps to protect the deposit late,

Case study An assured shorthold tenancy (AST) was granted in April 2016. At that time there was a gas safety certificate which was issued in March 2016: • is it possible to serve a section 21 notice before obtaining the new gas safety certificate? • section 21A of the Housing Act 1988 (HA 1988) and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646, reg 2(1)(b) which are read with the Gas Safety (Installation and Use) Regulations 1998, (Gas Safety Regs), SI 1998/2451, reg 36(6). Gas Safety Regs, SI 1998/2451, reg 36(6)(a) seems to require a copy of the gas safety record check to be given to the tenant (not within 28 days by virtue of the Assured Shorthold Tenancy Notices and Prescribed Requirements

Within 30 days of receipt of a rent deposit, the landlord must comply with the initial requirements of the Tenancy Deposit Scheme (TDS) by giving the tenant (and any person who pays the deposit on the tenant's behalf (ie the ‘relevant person’)) certain prescribed information about the TDS, the deposit and the assured shorthold tenancy (AST) (see section 213(3)–(6) of the Housing Act 2004 (HA 2004) (as amended) and our Practice Note: Tenancy deposit schemes). Failure to do so has potential consequences. It has been assumed that this Q&A relates to a tenancy within England and that the rent deposit itself has been properly dealt

Since 28 February 1997 the majority of assured tenancies are assured shorthold tenancies (ASTs). Any tenancy granted after 28 February 1997 is automatically an AST unless: • a notice is served stating that the tenancy is not an AST, or • it is written in the agreement that it is not an AST, or • an exception applies For further information, see Practice Note: Granting assured and assured shorthold tenancies—pre-Renters' Rights Act 2025 position, in particular the section ‘Criteria for AST’. To determine whether or not an AST is completed, it is important to consider the type of document that the parties signed, ie whether the document was a deed or simple contract. The particulars of the agreement completed are important here, to ascertain whether

As a starting point, you could re-examine the enterprise management incentives (EMI) option agreement (and, any governing EMI scheme rules) to see if there is any implied provision being made to allow partial exercise, even if partial exercise is not expressly referred to. For example, a provision allowing exercise in connection with a specific event ‘to the extent that the board determines’, or similar, may be read as allowing a partial exercise even if the option terms do not expressly say that options may be exercised in whole or in part. In a similar vein, EMI rules and/or option agreements specifying any requirements as to a notice of exercise that must be given in order to exercise

UsedSoft In 2012, the decision of the Court of Justice in UsedSoft v Oracle opened the door to a market for second-hand software in the EEA. Specifically, it concerned the ‘sale’ of perpetual licences for a one-off fee and the interpretation of Article 4(2) of Directive 2009/24/EC (the Software Directive) as it related to onward sales. Article 4(2) of the Software Directive states: ‘The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof.’ In UsedSoft, the Court of Justice found that the rights in a computer program, subject to a perpetual

Note that additional commentary on the issues discussed in this Practice Note in the context of the regulation, consenting and incentivisation of the net zero energy transition is available in the following textbook that we have published: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. What are the general electricity licensing requirements? Section 4 of the Electricity Act 1989 (EA 1989) requires entities undertaking certain activities in the electricity sector to hold a licence. These are set out in more detail in the sections below. EA 1989, s 4(2)provides that it is an offence to undertake licensable activities unless authorised to do so by a licence. EA 1989, s 4(2) provides that a person guilty of such offence will be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine. The Office of Gas and Electricity Markets (Ofgem) publishes the licences of all licence holders under EA 1989 in its Electronic Public Register. Ofgem

Governments permit companies to explore for and produce hydrocarbons (crude oil and natural gas) within a defined area under the terms of a concession. The concession holders will typically seek to define their respective rights and obligations concerning their operations and activities under the concession by entering into a joint operating agreement (JOA). If the exploration, appraisal, development and production operations of the concession holders are successful, then crude oil and natural gas will be produced. For more information on JOAs and concession agreements, see Practice Notes: The purpose and the principles of the joint operating agreement and Understanding upstream petroleum agreements—concessions, production sharing contracts and service contracts For additional information on the AIEN (formerly known as the AIPN) Joint Operating Agreement, see also textbook: The AIPN Joint Operating Agreement: A Practical Guide. Physical v Non-physical (or Virtual) Sales and Trading A JOA will usually expressly exclude the marketing and sale of hydrocarbons from its scope. Each concession holder

Under English law, succession to movables is governed by the law of the deceased's domicile at their death. Succession to immovable property is governed by the situs of the property. Where the relevant law of succession is England, a valid English Will made by a non UK domiciled person can therefore only deal with the succession to immovable property. If the whole or substantially the whole of the estate in England is immovable property, a grant in relation to the whole estate may be made in accordance with the law which would have been applicable had the deceased died domiciled in England and Wales.

Duty of the receiver The equitable duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor (see Silven Properties Limited v Royal Bank of Scotland). When exercising power of sale over mortgaged property, a mortgagee is under a general duty to take reasonable care to obtain the true market value of the mortgaged property at the time they choose to sell it (see Cuckmere Brick Co Ltd v Mutual Finance Ltd).

In answering this Q&A we have limited our research to cover the position under English law. In conducting our research we have focussed on the duties of LPA/fixed charge receivers. Case study The purchaser is concerned that after completion, the receiver will walk away leaving him to deal with an aggressive borrower—does the proposed purchaser have any remedies, including, for example, can the proposed purchaser insist: • that the receiver pursues criminal proceedings against the borrower? • on an injunction against the borrower? • that the receiver deals with the aggressive borrower? The powers of an LPA receiver Section 101(1) of the Law of Property Act 1925 (LPA 1925) contains the ability for a mortgagee to appoint a receiver, who will be responsible for collecting income and protecting property over