This Q&A assumed that the lease extension is a statutory lease extension under the Leasehold Reform, Housing and Urban Development Act 1993. The interaction of the rights of a flat owner to extend its lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), the provisions of the Charities Act 2011 (CA 2011) and the Land Registration Act 2002 (LRA 2002) will depend on the specific circumstances that apply. We are unable to offer advice in relation to the specific scenario which is described in your question. However, you may find the following information and materials useful in your analysis. Flat lease extension A tenant who holds a long lease of a flat has a statutory right (subject to compliance with statutory qualifying criteria and in substitution for its existing lease) to a new lease of the flat under LRHUDA 1993: • for a term expiring 90 years after

Structure This Q&A considers the structure set out in the diagram below: This Q&A considers three possible structures for the loans made by OffshoreCo to B, C and D: • OffshoreCo makes the loans from its own funds • OffshoreCo makes the loans from its own funds but obtains a guarantee of the loans from the UK resident company, or • OffshoreCo makes the loans from its own funds but subsequently takes a loan from the UK resident company for the same amount This Q&A assumes that all of A, B, C and D are individuals who are the only participators in UKCo, which is a close company; A is the only participator in OffshoreCo and there is no settlement of trusts involved. Loans by offshore companies There are four possible provisions

Under section 119(2) of the Building Safety Act 2022 (BSA 2022), a lease is a ‘qualifying lease’ if: • it is a lease longer than 21 years of a single dwelling in a relevant building (condition a) • under which the leaseholder is liable to pay a service charge (‘service charge’ has the meaning given by section 18 of the Landlord and Tenant Act 1985) (condition b) • the lease was granted before 14 February 2022 (the “qualifying time”) (condition c) • at the beginning of the qualifying time: ◦ the dwelling was a relevant tenant's only or principal home, ◦ a relevant tenant did not own any other dwelling in the UK, or ◦ a relevant tenant owned no more than two dwellings in the UK apart from their interest under the lease (condition d) There is some debate as to exactly how condition d should be interpreted. Interpretation 1 Some commentators consider that the provisions

The cancellation rights set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) are subject to the exclusions set out in CCR 2013, SI 2013/3134, regs 6, 27(2)–(3) and 28. In particular, CCR 2013, SI 2013/3134, reg 28(1)(h) states that the cancellation rights do not apply to: ‘…the supply of accommodation, transport of goods, vehicle rental services,

The meaning of any covenant in a lease is always a question of construction of the specific language used, in the context of the whole lease and the admissible background circumstances. Subject to that caveat, it has been held that 'structural'

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for significant protection to business tenants. Notwithstanding that a lease expresses that it will expire on a given date, the LTA 1954 provides (so long as the lease is not expressly contracted out of its provisions) that the tenancy will continue until terminated through specific court proceedings, and grants the tenant the right to apply for a new tenancy. Either the landlord or the tenant can serve a notice under, respectively, LTA 1954, ss 25 and 26. The landlord can seek to terminate the tenancy, or either party can seek the grant of a new tenancy on proposed terms. If those terms cannot be agreed the court will determine those terms. One of the terms will be the length of the new lease. It is unclear in this Q&A whether there is a dispute between the landlord and the tenant

The provisions relating to additional dwelling supplement (ADS) for land and buildings transaction tax (LBTT) are contained in Schedule 2A to the Land and Buildings Transaction Tax (Scotland) Act 2013 (LBTT(S)A 2013). We are not aware of any guidance that specifically deals with the interaction between the ADS provisions and the partnership provisions in LBTT(S)A 2013, Sch 17. LBTT(S)A 2013, Sch 2A Pt 3, para 4 states that: • ‘(1) where this schedule applies to a chargeable transaction, the amount of tax chargeable in respect of the transaction (as determined

A limited liability partnership (LLP) is not a partnership but a body corporate that is formed under the Limited Liability Partnerships Act 2000 (LLPA 2000). LLPA 2000 is largely a framework statute covering the formation of an LLP and the relationship of the members of an LLP. It is supplemented by various statutory instruments. In particular: • the Limited Liability Partnerships Regulations 2001 (LLPR 2001), SI 2001/1090 apply certain provisions of partnership law to LLPs • the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, SI 2009/1804 apply many parts of the Companies Act 2006 (CA 2006), with appropriate modifications, to LLPs • the Limited Liability Partnerships (Accounts and Audit) (Application

The Academies Act 2010 (AcA 2010) and regulations made thereunder makes provision for the transfer of land from the local authority to the Academy Trust. While there is power in AcA 2010, Sch 1 Pt 1 to provide for outright transfer, the guidance from the Department for Education in its document, Land Transfer Advice (April 2013) is that in the vast majority of cases the transfer will be by way of a 125-year lease to the Academy Trust, thus preserving the public land. It is usually only in those cases where a school already owns their own land prior to conversion to an academy that there will be a transfer of the freehold. The general power of a local authority to make disposals of land is contained in Section

When working out any gain falling within the non-resident close company apportionment rules (sections 3–3G of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)), it may be assumed that the company is UK-resident and chargeable to corporation tax: see the new TCGA 1992, s 3G(3). This was true under the previous rules. Therefore, if the non-resident close company owns UK land which it disposes of at a gain, any gain to be apportioned is the one which would arise if that company had been UK-resident at all material times. On this assumption, rebasing as at 6 April 2019 should be irrelevant: the close company

The ‘employer’ is the person or entity which is ultimately responsible for carrying out the check. As for the definition of ‘employer’, the right to work check Q&A document issued by the Home Office addresses this (Q36): ‘Q. What is the definition of “employer” for the purposes of illegal working provisions of the Act? A. An “employer” is defined as a person who employs an individual under a contract of employment. This may be a contract of service or apprenticeship, whether

Tracing through non-registrable entities until one identifies registrable people with significant control (PSCs), or until one concludes there are no PSCs, requires a careful analysis of the various holdings within the group structure and application of the rules relating to indirect interests. Assume for example that the immediate parent to a UK company (A) is an overseas unlisted company (B), holding 100% of the shares. Therefore the aim is to look