Technically, the risk is that the remedies summarised in Practice Note: Rentcharges—apportionment, termination and enforcement in the section entitled ‘Enforcement of rentcharges’ may be available to the rentcharge holder. Of those, the remedies set out in section 121 of the Law of

Fixed term assured shorthold tenancy (AST) Under section 21(4B) of the Housing Act 1988 (HA 1988), a section 21 notice cannot be served in relation to a fixed term AST within four months of the beginning of the AST. That section 21 notice will then need to give at least two months’ notice to terminate the AST. Accordingly, the earliest date that a six month fixed term AST could be terminated would be six months after the term commenced. In the event that the tenant did not then vacate, the landlord would only be able to take back possession by obtaining and enforcing a court order under HA 1988, s 5(1). The

Trustees often wish to exclude liability as they enter into the transaction (in this case a transfer) personally. Whether this is accepted by the buyer is a matter of negotiation. Here, the risk for the second trustee is likely to be minimal as they are simply selling a single asset and so they may be persuaded to drop this requirement. The buyer needs to know that the trustee has been duly appointed and can accept receipt of the sale proceeds in order to overreach any equitable interests. In deciding how to proceed,

A rentcharge is a sum payable by the owner of land to another person who has no legal interest in that land, and thus is distinct from ground rent, which is payable by a leaseholder to a freeholder. Rentcharges were often put in place to enable development on land without payment by the developer to the landowner of a premium for the land, the landowner instead receiving income from the land. The Rentcharges Act 1977 (RcA 1977) abolished new rentcharges, subject to limited exceptions, and provided for the extinguishment of most existing rentcharges by 2037 (RcA 1977, s 3). One of the retained exceptions is an estate rentcharge. An estate rentcharge is a charge created

An Energy Performance Certificate (EPC) is a requirement in respect of properties marketed for sale and/or letting and, from 1 April 2018, any property let on a new tenancy or a fixed term renewal (and, from 1 April 2020, all tenancies). An EPC lasts for ten years, after which it expires. The purpose of the requirement to supply an EPC is twofold—to promote energy efficiency on a macro level, and to enable prospective buyers and tenants to determine the affordability of heating and lighting bills. EPCs are governed by the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 as amended, made under the Energy Act 2011. Regulation 6 provides that where a building is to be sold or rented out, a valid EPC must be made available

On 1 October 2011, most private sewers and lateral drains which, immediately before 1 July 2011, 'communicated with' a public sewer were automatically transferred to the sewerage undertaker, unless there was a successful appeal. Build over agreements are now entered into between the water service company and the owner of the property, but in the past they were entered into with the local authority. For this reason, a water service company may not be aware of agreements or consents entered into

Section 34 of the Road Traffic Act 1988 (RTA 1988) provides that if without lawful authority a person drives a mechanically propelled vehicle on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or on any road being a footpath, bridleway or restricted byway, he is guilty of a criminal offence. A way shown in a definitive

Paragraph 7(2) of Schedule 4 to the Electricity Act 1989 (EA 1989) states that: ‘Where in the exercise of any right conferred by such a wayleave any damage is caused to land or to moveables, any person interested in the land or moveables may recover from the licence holder compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any land or moveables he may recover from the licence holder compensation

Under the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (the 2007 Regulations) SI 2007/1253, reg 8(3) a solicitor is prevented from acting as certificate provider if they are a business partner or paid employee of the attorney(s). This means that where a partner in a firm of solicitors is appointed as an attorney under a lasting power of attorney (LPA), another solicitor in the firm may not act as certificate provider. The application of this rule to limited liability partnerships was considered in the case of Re Putt, 2011 (not reported by LexisNexis®),

It is unclear on what basis the client in this scenario came to purchase the flat and why no lease was granted at the time. If the freehold to the property was unregistered, the granting of a lease would have triggered first registration under either section 4 of the Land Registration Act 2002 (LRA 2002) (if the lease was granted on or after 13 October 2003) or section 19 of the Land Registration Act 1925 (LRA 1925) (if the lease was granted before that date). Assuming that the client used solicitors to deal with the purchase, the fact that there was no

In this Q&A, the title deeds were never received rather than destroyed or lost. If there are missing or destroyed title deeds, the application for first registration must give an account of the events that resulted in the loss or destruction. HM Land Registry will consider each case on its merits, but will likely grant only a possessory title where the evidence supplied does not establish those events and put the history of the title beyond doubt. For further guidance, see Practice Note: Deducing title to unregistered

A relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 may be: • a business transfer, or • a service provision change Consideration should be given to the definition of ‘relevant transfer’ in TUPE 2006, SI 2006/246, reg 2(1): ‘A “Relevant transfer” means a transfer or a service provision change to which these Regulations apply in accordance with regulation 3 and “transferor” and “transferee” shall be construed accordingly and in the case of a service provision change falling within regulation 3(1)(b), “the transferor” means the person who carried out the activities prior to the service provision change and “the transferee” means the person who carries out the activities as a result of the service provision change.’ While the definition of a ‘person’ in Schedule