In order to request the grant of a renewal lease, the undertenant will need to meet the qualifying criteria’s set out in section 23 of the 1954 Landlord and Tenant Act 1954 (LTA 1954), namely the undertenant will be required to show: • that there is a tenancy • the tenancy relates to the premises • the premises are occupied for the purposes of a business • that business is carried on by the undertenant, and • the tenancy does not fall within any of the specific exclusions If the undertenant meets those qualifying criteria, it will be entitled to serve a notice pursuant to LTA 1954, s 26 requesting the grant

Commercial analysis: In Morris v Swanton Care & Community Ltd, the Court of Appeal upheld the decision of His Honour Judge Bird (the Judge), who had held that Mr Philip Morris (Mr Morris) did not have an enforceable right to provide consultancy services during a (further) period to be reasonably agreed between the parties. The relevant agreement was an agreement to agree and there was no objective standard by reference to which the court could determine the length of the further period. Written by Kristina Lukacova, barrister at New Square Chambers.

An unincorporated charity has no separate legal personality and therefore does not exist in the sense that it is not an entity that is able to enter into contracts or hold assets. As a result, the unincorporated charity holds assets and enters into legal arrangements through the auspices of its trustees. Section 117 of the Charities Act 2011 (CA 2011) defines ‘charity trustees’ as ‘the persons having the general control and management of the administration of the charity’. Charitable trustees should be registered with the Charities Commission but this is not always the case, particularly with smaller

An unincorporated charity has no separate legal personality and therefore does not exist in the sense that it is not an entity that is able to enter into contracts or hold assets. As a result, the unincorporated charity holds assets and enters into legal arrangements through the auspices of its trustees. Section 117 of the Charities Act 2011 (CA 2011) defines ‘charity trustees’ as ‘the persons having the general control and management of the administration of the charity’. Charitable trustees should be registered

To be effective in law, a lease must be assigned by deed and, if appropriate, registered at HM Land Registry in order to pass legal title. Where these formalities are not complied with, there is no assignment of the legal interest but, depending on the circumstances, an equitable assignment may occur. This will arise where there is an informal assignment, or a failure to register. The effect of such an assignment

The courts have the power pursuant to the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) to declare the beneficial interests of parties in property. The beneficial interest in a property is the 'true' ownership, distinct from the 'paper' ownership of who is registered at HM Land Registry as the registered proprietor(s). Such claims are commonly seen where parties

We have assumed that the couple own the property as beneficial tenants in common. One issue to consider is the precise terms on which the trustees of the discretionary Will trust are to be given the power to allow the survivor to reside in the property. If the exercise of the trustee power is such as

It is assumed that A and B were the registered owners of the legal title to the property. Although the house was owned by A and B beneficially as tenants in common, the legal title was owned by them as joint tenants, so, following B's death, A is now the sole legal owner. A may

In the scenario of this Q&A, a party with a beneficial interest in a property (Party A) seeks to prevent the co-owner (Party B) from selling the property. It is open to Party B to sever the joint tenancy so that the parties are tenants in common, and to apply to the court for an order for sale and for a declaration as to the parties’ respective beneficial interests pursuant to section 14 of the Trusts

A claim to title by way of adverse possession in relation to unregistered land is governed by sections 15 of the Limitation Act 1980 (LA 1980), LA 1980, s 17, and LA 1980, Sch 1. In summary, the true owner of land who has been dispossessed by another person (‘the squatter’) has twelve years from the date on which they were dispossessed within which to bring an action to recover possession

Land charges are registered to protect the interests, in unregistered land, of a person who does not hold the title deeds and thus cannot physically control when and how the land is disposed of. Unlike registered land (where the interest is registered against the title of the affected land), land charges are registered against the name of the owner of the relevant estate in land at the time of registration. A class C(iii) ‘general equitable charge’ is a residuary category of equitable charges on land, and is defined in section 2(4)(iii) of the Land Charges Act 1972 (LCA 1972) (as amended by section 25(1) and paragraph 12(2) of Schedule 3 to the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)) as any equitable charge which: • is not secured by a deposit of documents relating to the legal estate affected • does not arise or affect an interest arising under a trust of land

It is assumed that: • no order has been made as to the payment of rent from the proceeds of sale • the consent given was not irrevocable Joint proceeds of sale should be held in the solicitor’s client account. Such an account is defined by section 87 of the Solicitors Act 1974 (SA 1974) as meaning an account subject to rules under SA 1974, s 32(1)(a). That section, in turn, provides for the Law Society to make rules 'as to the opening and keeping by solicitors of accounts at banks or with building societies for money within subsection (1A)'. In turn, SA 1974, s 32(1)(a) says that 'The money referred to in subsection