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GLOSSARY
Iodine. A fission product of uranium-235.
Q&As
HA 1988, s 1A disapplies HA 1988, ss 1-25 to dwellings in Wales. The Renting Home (Wales) Act 2016 (RH(W)A 2016) substantially reformed the way in which properties in both the public and private sectors are let in Wales. It replaced various and complex pieces of legislation with one legal framework with the aim
Q&As
It is assumed that the query relates to England and Wales. Minimum energy efficiency requirements for domestic and non-domestic properties enacted through the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962, set out in part 3, mean that landlords will have to ensure that their properties are at least an energy efficiency E rating, before the property can be let.
Q&As
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. The regulation of consumer credit Regulation
Q&As
In answering this Q&A, we assume that the waiver letter is designed to prevent the landlord from recovering any rent arrears by selling the equipment by using their rights under the Commercial Rent Arrears Recovery (CRAR) regime, in respect of which, see Practice Note: Commercial rent arrears recovery (CRAR). We are not aware of any guidance as to the extent to which such
Q&As
Where a schedule of dilapidations is served by the landlord prior to the expiry of the term of the lease, pursuant to paragraph 3.4 of the Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy
Q&As
It is assumed that both the first and second fixed and floating charges referred to in this scenario are charges under the Agricultural Credits Act 1928 (ACA 1928). ACA 1928 provides for a charge unique to farming businesses, which allows for the creation of a charge over both farming stock and other agricultural assets (such as machinery), agricultural subsidies, certain land (but not the land that is farmed), leased assets and debts owed. ACA 1928 prescribes narrowly the manner in which such charges can be granted, including that they must only be granted to a registered bank that accepts deposits or the Bank of England. The purpose of this type of charge is to recognise that in the farming business, assets are often swiftly disposed of and acquired, and
Q&As
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for DCM lawyers? [Archived] BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue
Q&As
It is often the case that following the expiration of a business tenancy that has been excluded from the security of tenure provisions contained within Part II of the Landlord and Tenant Act 1954 (LTA 1954), a tenant will continue to occupy the premises whilst negotiations take place for a new lease. If the parties are not clear on the legal position relating to that occupation (commonly referred to as ‘holding over’) there is a risk that the occupation will be found to be a periodic tenancy which, if not contracted out of the LTA 1954, would attract
Q&As
Companies subject to the City Code on Takeovers and Mergers (the Code) Whether the Code applies to a company in the context of a takeover depends on the status of the offeree company (including the location of its registered office) as well as on the regulated market/multilateral trading facility/stock exchange on which the offeree company's shares are admitted to trading. The status of the offeror and where its shares are admitted to trading is irrelevant for this purpose. If the AIM company is the offeree in a takeover, the Code would apply notwithstanding that the company's management are based in, and decisions made from, New York. This is because the application of the Code has now been extended to cover companies whose registered office is in the UK and whose securities are admitted to trading on AIM but whose central management is based overseas. Recent
Q&As
Status of occupier’s occupation The court will look at the substance of the licence agreement to ascertain whether or not it is in fact a tenancy, regardless of whether it is termed a licence (please see our Practice Note: Leases and licences of land—key features and differences). The existence of a forfeiture provision in a licence may in itself suggest that such an agreement is in fact a tenancy; a licensee does not have exclusive possession in a licence so there is no need for the landlord to have a right to re-enter and take back possession.