The ‘pooling requirement’ applies to buyers of second-hand fixtures where the seller (or the most recent previous owner that owned the fixtures for a period ending on or after April 2014) was entitled to claim allowances but has not done so. Where this applies, the buyer will only be able to claim allowances on the fixtures after the sale if they can persuade the seller (or any relevant previous owner) to pool the expenditure on the fixtures: effectively, go through most of the motions of claiming an allowance, including notifying HMRC in a tax return, but without actually making a claim. Clause 5 of Precedent:

Landlord’s rights and remedies An unauthorised assignment is a once and for all breach of covenant which would entitle the landlord to forfeit the lease (see Practice Notes: Landlord’s remedies for assigning or underletting without consent and Forfeiture of a lease See also: Assignment and underletting—overview). However, it appears from your query that the landlord does not wish to take this route and so is willing to waive his right to forfeit (if indeed the right to forfeit has not already been waived). A landlord waives its right to forfeit a lease if it unequivocally affirms the existence of the lease, in full knowledge that the tenant has committed a breach of covenant (section 146 of the Law of Property Act 1925 (LPA 1925), Thomas v Ken Thomas). The grant of a licence to assign with knowledge of the breach will operate as an affirmation of the lease and will waive any right to forfeit.

Cancellation rights Cancellation rights—law firms—overview provides a range of guidance, tools and Precedents in relation to off-premises contracts. The specific requirements are set out in Practice Note: Off–premises contracts—law firms. These requirements are presented as a logical process in: Off-premises

See: Seller's lien: Halsbury's Laws of England [487], which explains that a seller has an equitable lien over the property (and the title deeds if in his possession) which arises on exchange of contracts and endures until the purchase price is paid in full. If part of the purchase price is paid on completion, the lien is discharged as to that part but continues in force as to the remainder. See London and Cheshire Insurance Co Ltd v Laplagrene Property Co Ltd. If the seller is not in possession of the property, to be enforceable, the lien must be protected by registration as a notice on the register

If there has been no express surrender, the surrender must have been by operation of law (or implied). This situation arises whenever the landlord and the tenant act in a manner that is inconsistent with the continued existence of the lease and the fact that the surrender has taken effect by operation of law means that there is no requirement for it to be in writing (see section 52(2)(c) of the Law of Property Act 1925). Delivery of possession by the tenant to the landlord and his acceptance of possession will effect a surrender by operation of law. See Practice Note: Surrender by operation of law (implied surrender) for more details as to behaviour and actions that may constitute a surrender by operation of law. See Practice Note: Lease surrenders for specific examples of surrender. If the lease was registered, and you wish to have it removed from the register, you need to supply evidence of the acts

This Q&A assumes the question is referring to a-business-to business transaction which is not subject to any specific industry or sector regulation. Issues which should be considered, without limitation, include: Initial transfer or assignment The purpose of an assignment agreement is to transfer the benefits of a contract from one of the original contracting parties (assignor) to a third party (assignee). The assignment agreement is the vehicle for effecting the assignment and is usually a consequence of an underlying agreement between the relevant parties that permit such

In relation to any claim to exercise the right to collective enfranchisement with respect to any premises, the nominee purchaser must be such person or persons as may for the time being be appointed for these purposes by the participating tenants; and in the first instance the nominee purchaser must be the person or persons specified in the initial notice (although in practical terms a company is

Different types of interim bill There are two types of interim bill: • interim statute bill • interim bill on account The differences are set out below, from which it is clear that each type of interim bill has pros and cons. Interim statute bill Interim bill on account A final bill for the firms’ charges in respect of the period to which it relates (save that some firms will reserve the right to bill disbursements separately and later). Not a final bill in respect of the period to which it relates, but merely the minimum amount of your charges to date. Must comply with all the requirements of Solicitors Act 1974 (SA 1974) in relation to a statute bill (as described in Practice Note: Final client bill). Simply a request for payment on account in another name. Does not need to comply with the requirements of SA 1974 in relation to a statute bill. Solicitor can enforce payment by suing the client (as described in Practice Note:

Since the UK's departure from the EU, it is no longer possible to use the European order for Payment (EOP) procedure, unless transitional provisions under Article 67 of the Withdrawal Agreement are met. In this case, the procedure would be available, as your question states, where the EOP was obtained in 2019. When considering the enforcement of such an order, in the jurisdiction of the Courts of England and Wales, it will be necessary to have regard to the CPR 78, in force prior to 31 December 2020 at 11 pm. CPR 78.9(2) provided that

In the present case, both owners of the land are judgment debtors. There is no Form A restriction registered suggesting that they hold the land as beneficial joint tenants. Ordinarily, the Land Register automatically registers a Form A restriction unless satisfied that the registered proprietors hold the beneficial interests as joint tenants. This ensures that overreaching of those interests occurs on payment of the capital sums following a sale: section 44(1) of the Land Registration Act 2002 (LRA 2002), Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 95(2) and see: HM Land Registry Practice guide 24: private trusts of land, paragraph 2.1.2. The standard way of protecting a charging order is by a Form K restriction which provides that no disposition: ‘…is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [name of person with the

A claimant who is precluded from doing a job they enjoy is entitled to a separate head of damages known as an award for loss of congenial employment. This award relates specifically to the loss of enjoyment of their former employment and is separate from any direct financial

The nature of debentures A debenture is an instrument in favour of a lender which usually secures the loan(s) against the borrower’s assets. Debentures are often used by banks and other institutions in a commercial context when advancing funds to companies. In commercial agreements, a debenture can be of two types. It can create a fixed charge over the assets of a company which are not ordinarily disposed of in the ordinary course of business such as land and buildings, fixed plant and machinery and motor vehicles. Alternatively, there can be a floating charge over other assets of the company such as money, raw materials, fixtures and fittings, stock and debtors. A floating charge ‘crystallises’ over those assets when the borrower defaults and the lender seeks to enforce the debenture, usually with power to appoint an administrator to conduct the business and realise the assets. A lender can have multiple debentures over different assets, which may comprise a mixture of fixed and floating