The number of weekly contractual hours a Skilled Worker migrant is sponsored for is specified in their Certificate of Sponsorship (CoS). As set out in Practice Note: Sponsoring a Skilled Worker (under the heading ‘Tradeable points—20 points’), the Home Office will check that the salary on offer meets not only the overall minimum salary and occupation code (the ‘going rate’) thresholds, but also that it equates to at least £10.10 per hour based on the number of contractual weekly working hours, as specified in the migrant’s CoS (‘the minimum salary requirements'). The £10.10 minimum hourly rate requirement does not apply where the applicant: • is being sponsored in eligible health and education occupation codes, or • was granted permission as a Skilled Worker under the Rules in place before

The gift indicated is one of a fixed sum payable to individuals who satisfy a contingency—in this case attaining the age of 18. In essence, the gift is ‘£2000 to be divided among such of my great-grandchildren as reach 18’. A gift of such a fixed amount to the members of a class contingent on the fulfilment

The situs of an asset is relevant for both the succession of the asset (ie how it passes on an individual’s death) and for the purposes of UK inheritance tax (IHT). If an individual is domiciled or deemed domiciled in the UK, their worldwide assets are subject to IHT. For individuals who are not UK domiciled or deemed domiciled,

This Q&A raises the procedure which the parties have to follow if they wish to exclude the protection of Part II of the Landlord and Tenant Act 1954 (LTA 1954) from a lease into which they have agreed to enter. In particular, it concerns the declaration which must be given by the tenant pursuant to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096 (RRO 2003). The general rule will be that while premises are occupied under a lease by a tenant for the purposes of a business operated by it, the lease will have the protection of LTA 1954, s 23. Essentially, this means that when the contractual term comes to an end, the tenancy is continued unless and until brought to an end in accordance with the LTA 1954.

This Q&A raises the manner in which a service charge should be interpreted. Such clauses are terms of a contract and must be construed like any other. Although they come in various formats, there are usually certain recurring themes, such as the tenant having to contribute a set proportion of the particular costs incurred by the landlord in performing services affecting the demised premises. Often, there will need to be a certificate setting out what falls to be paid, with payment by a certain date thereafter. Provision might also be made for the payment of an interim charge, based on the previous year’s liability so as to produce funds for services

The acceptance of an offer contained in a section 5 notice and subsequent steps in the process require the participation of ‘the requisite majority of qualifying tenants of the constituent flats’. That expression is defined as qualifying tenants of constituent flats with more than 50% of the available votes. The total number of available votes is determined depending on which procedure is being considered, ie: • where a section 5 offer notice has been served, the total number is equal to the total number of constituent flats let to qualifying tenants on the date when the period specified in that notice as the period for accepting the offer expires (section 18A(2)(a) of the Landlord and Tenant Act 1987 (LTA

Before the court can make an order for maintenance on the basis that the payer’s income exceeds £156,000 gross per annum, the Child Maintenance Service (CMS) must have put in place a maximum maintenance calculation (section 8(6) of the Child Support Act 1991 (CSA 1991), confirmed in Dickson v Rennie. This requirement would not apply if the CMS lacks jurisdiction generally, eg if the relevant child is resident overseas (CSA 1991, s 44(1)). There is no statutory guidance as to how to calculate the quantum of child periodical payments beyond the

The answer will depend on the specific circumstances, including information about the property. Where property is worth different values in different countries it is likely that a willing seller would sell it in the country in which it is worth the most to get a better price. In UK law, property is valued for IHT purposes according to the ‘open market value test’ contained within IHTA 1984, s160, which states: • the price that the property might reasonably be expected to fetch if sold in the open market at that time provided • that price is not assumed to be reduced on the ground that the whole property is placed on the market at the same time Case law states that the hypothetical vendor and purchaser under this rule must be serious prudent businessmen

Where property is purchased in the joint names of two or more co-owners a statutory ‘trust of land’ arises. Section 34(2) of the Trustee Act 1925 limits the number of trustees to a maximum of four. If the property is purchased in the joint names of more than four co-owners, the legal estate vests in the first four listed. See section 1 of the Trusts of

While the Companies Act 2006 sets out required record retention periods for some types of company records (see Q&A: How long should company records be kept?), there are no specific provisions relating to statutory registers. Given that

Part I of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants the right of first refusal on a proposed disposal by the landlord of a relevant estate or interest in land. Failure to comply with the provisions of the LTA 1987 can have significant consequences—an offence is committed, and the tenants can compel the acquisition of the interest which is disposed of in breach of the provisions. LTA 1987, s 5 requires that the landlord serve on the tenants

Loss of rent is recoverable in a landlord's claim for damages for breach of a repairing covenant, assuming that the landlord can show that the premises would have been re-let but for the disrepair. The measure is the rent lost for