The options available in this scenario will depend on the precise facts and the reason for wishing to unravel the homemade variation, including whether or not it constitutes a valid gift which is binding and also whether it includes an election

There is no need for an incoming landlord to serve a fresh warning notice on an existing tenant. The Regulatory Reform (Business Tenancies)(England and Wales) Order 2003, SI 2003/3096 requires the relevant steps to be taken before

Land registry Practice guide 64: prescribed clauses leases sets out when leases must contain the prescribed clauses. It states that the clauses must be used for leases granted for a term of more than seven years and completed since 18 June 2006, unless they were: • granted under an agreement for lease, court order or enactment made

We have assumed that the land is in England or Northern Ireland. Does commercial or mixed use apply at all? The first question to consider is whether the agricultural land is effectively part of the dwelling, eg by virtue of being part of the garden or grounds of the house, or if it has in fact been used for commercial purposes. Even a large amount of agricultural land can be treated as residential, if it falls within the definition of a ‘dwelling’, which is defined to include land that: • is, or is to be, occupied or enjoyed with the dwelling, such as a garden or grounds, including any structure on such land, and • subsists or is to subsist, for the benefit of the dwelling, including land that is not contiguous The question of whether agricultural

Where a client has entered into a conditional fee agreement (CFA) and later loses their mental capacity, that incapacity does not, of itself, frustrate the CFA; rather than rendering the CFA void, the client’s incapacity renders it voidable. Instructions can be provided by persons

The right of access is set out in Article 15 of Assimilated Regulation (EU) 2016/679 UK General Data Protection Regulation (UK GDPR). A data subject has the right to: • confirmation that you are processing their personal data, and (where that is the case) • a copy of the personal data undergoing processing (and other supplementary information, which largely corresponds to the information you should provide in a privacy notice) UK GDPR clearly states that the data subject should be provided with a copy of their personal data, and where possible they should be given direct access to their data through a secure system, although the data subject’s right to obtain a copy must not adversely affect the rights and freedoms of others. This will include trade secrets or intellectual property. However, the result of considering the rights

Client money All money held or received in the course of practice falls into one of two categories—client money or office money (SRA AR 2011, r 12). Client money is money held or received for a client or as a trustee, and all other money that is not office money. Office money is money that belongs to you or your firm, client money remains the property of the client. Payment on account of costs generally is client money and must be held in client account until you have given or sent a bill of costs, or other written notification of the costs incurred, to the client or the paying party (SRA AR 2011, r 17.4). It,

Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out a regulated activity, or purport to do so, in the UK unless they are either an authorised person (ie authorised by the Prudential Regulation Authority and/or the Financial Conduct Authority (FCA)), or an exempt person (eg by being an appointed representative). For an overview of the regulated activities regime in the UK, see Practice Note: What are regulated activities? Activities are regulated if they are of a ‘specified kind’ (ie specified by the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), SI 2001/544) which is carried on by way of business. For more information about what it means to carry on a regulated activity by way of business in the UK, see Practice Notes: What does ‘by way of business’ mean? and Territorial scope of the general prohibition.

The water, gas, electricity, communications and energy industries enjoy statutory rights of access onto private land to lay pipes, wires, cables and other service infrastructure. A utilities provider may have a choice whether to acquire a private easement to lay and maintain facilities across other land, or to rely on statutory rights (for example under the Water Industry Act 1991 or the Electricity Act 1989—see Practice Note: Statutory wayleaves and rights of access). However, where third party

Ownership of privilege Legal professional privilege 'belongs' to the client and not to the legal adviser (Three Rivers District Council v Governor and Company of the Bank of England (No 6)). It can, therefore, be waived unilaterally by the client, unlike other forms of privilege. The starting point is therefore to give consideration as to who the client is and whether they own the privileged material in question. For example, it maybe that the client you are acting for is being interviewed because they are an employee of a company which is under investigation. In this circumstance, the privileged material probably belongs to the company and so privilege is not your client’s to waive (and, indeed, your client may face disciplinary action from the company if they disclose privileged information in an interview without the company having previously approved the same). Where a party is represented by

Case study A co-owner has purchased a bankrupt’s beneficial interest in a property from the trustee in bankruptcy such that she is now the sole beneficial owner. The bankrupt is not responding to correspondence so a court order is necessary. The title contains the usual restriction that there no disposition must be registered without the mortgagee’s consent. If she obtains a court order for the transfer of the legal interest into her sole name is the mortagee’s consent required? If a home is jointly owned, the bankrupt’s interest passes to his trustee. The bankruptcy has the

A commercial tenancy within its fixed term can be ended only by mutual agreement (the landlord accepting a surrender), possession proceedings or forfeiture, or by the use of a break clause. Simply sending a notice to quit will not without more end the tenancy. If the tenancy has become periodic, such notice can bring the tenancy to an end where the tenancy falls outside the protections of Part II of the Landlord and Tenant Act 1954. Notice will be the period of the tenancy. Where a legal estate is vested in two or more persons those joint proprietors are treated in law as a single owner: Hammersmith LBC v Monk. As a result it is ordinarily the case that