In this scenario, the original tenancy agreement was with two joint tenants. A new tenancy agreement was subsequently entered into with just one of those two tenants (tenant A), whether under the same terms or not is unclear, with the other tenant (tenant B) who had chosen not to continue living at the property confirming that they waived their right to the original deposit. A landlord must register a deposit with a government-backed tenancy deposit scheme if their property is being rented out under an assured shorthold tenancy that started on or after 6 April 2007. In England and Wales, the three recognised

Whether a developer will face difficulties in applying for planning permission without an interest in the application site will depend on the landowner’s co-operation and how the parties structure their relationship. A developer wishing to develop land in third party ownership may submit an application speculatively or approach the relevant landowner in advance with a view to entering into an agreement to acquire or develop the land. Assuming the landowner is willing to engage, there are a variety of ways the parties may structure their arrangement. For example, they may enter into an option agreement or a sale contract that is conditional on the grant of a satisfactory permission. Other options include the developer undertaking to procure permission and develop the land on

A charity trustee who is removed as a trustee by the other trustees will not necessarily be prevented from being a trustee of another charity, or even of the charity in question in the future. The position will depend on the reason for the removal. It may be that the reason for the removal is a clash of personalities

You may wish to consider sector specific requirements for teachers performing a Special Educational Needs Co-ordinator (SENCO) role in a school, such as: • all state-funded mainstream schools in England, including maintained schools, academies and free schools must employ a teacher with qualified teacher status in the SENCO role. Alternatively, the headteacher or academy principal can be appointed as SENCO (see Children and Families Act 2014, s 67 and Governance handbook, s 6.5.12) • if a newly-appointed SENCO has not been a SENCO before, or has not been one for more than 12 months (in the current school or any other mainstream school),

In White v Jones, the House of Lords allowed disappointed beneficiaries under a Will to recover damages in compensation for the lost legacy under a Will which the solicitor was instructed by the testator to prepare, but did not prepare it. We note that, in these circumstances, you are asking whether, in determining quantum, the court will take into account that, if the Will had been executed, claims under the Inheritance (Provision for Family and Dependants)

Section 144 and income tax In broad terms, section 144 of the Inheritance Tax Act 1984 (IHTA 1984) effectively permits a discretionary trust to be turned into another form of trust or to be distributed without incurring adverse tax consequences, provided that this is done within two years of the testator’s death. We have limited this Q&A to the case of an absolute distribution of the entire fund of the discretionary trust to a single beneficiary. In this case, the relevant effect of IHTA 1984, s 144 is that the trust fund is not subject to the exit charge which generally applies once the fund is distributed. Both estates and trusts are subject to income tax, although neither is subject to the same income

As set out in Practice Note: IHT—residence nil rate band, the residence nil rate band (RNRB) provisions apply a nil rate of inheritance tax to a portion of the chargeable transfer on death. It is applied before the basic nil rate band. The RNRB is available up to the value of a qualifying residential interest (QRI) passing on death to qualifying beneficiaries. The legislation defines a QRI. The main condition is that the deceased must have had an interest in a property which was occupied as their residence at some point when they owned it and at that time it would have been part of their estate. Where an individual has made a gift with reservation of benefit (GROB), the RNRB is only available in certain circumstances as set out in the section ‘Inherited and closely inherited’ in Practice Note: IHT—residence nil rate band. Availability of

A trust held solely for charitable purposes is not subject to the relevant property regime, and hence is not liable to ten-year or exit charges. Inheritance tax charges do however, apply if property

Public highways are used for many purposes beyond simply travelling from one place to another. The Lexis+® UK Local Government Practice Note: Markets, street trading and street parties examines the legal implications of static uses of highway land and of controlling or prohibiting traffic to facilitate static uses. Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982) allow district councils to designate any street in their district as: • a prohibited street • a licence street, or • a consent street It is an offence to trade in a prohibited street, or (without a licence or consent) in a licence or consent street, respectively. LG(MP)A

A divorce may only be disputed on very limited grounds (per Family Procedure Rules 2010, PD 7A, para 10.1). Therefore, an answer would only be appropriate where the respondent challenges the jurisdiction of the court or the validity of the marriage, where the marriage has already been legally ended or where there has been fraud or procedural non-compliance. The validity of the marriage may be called into question, for example, where the marriage is alleged to be void (ie unlawful and invalid from its inception: section 11 of the Matrimonial Causes Act 1973 (MCA 1973)) or a non-qualifying ceremony (Akhter v Khan). However, an allegation of non-consummation owing to the incapacity of either party (MCA 1973, s 12(1)(a))

This Q&A covers the situation where a contract has been concluded: • between two companies registered in England and Wales both acting in the course of business • which is agreed to be exclusively subject to the jurisdiction of the courts of England and Wales and governed by the laws of that jurisdiction, and • that will not require a filing or other processing of the relevant document at any registry or other body (registries and other bodies may have particular requirements as to form or execution of documents that have to be complied with) Validity of a deed The validity of a document purporting to be a deed will, in part, be dependent upon the normal rules of execution of deeds as applied to the particular document. There are four key requirements for a valid deed. It must be: • in writing • clear from the face of the instrument that

Claim form CPR 6.14 states that a claim form served within the UK is deemed to be served on the second business day after completion of the ‘relevant step’ under CPR 7.5. As indicated by CPR 6.3(1) and CPR 7.5(1), the ‘relevant step’ for the purposes of CPR 6.14 can be one of the following: Method of service Step required First class post, DX or other service that provides for next business day delivery (in accordance with CPR PD 6A) Posting, leaving with, delivering to or collection by the relevant service provider Delivery of the document to or leaving it at the relevant place Delivering it to or leaving the document at the relevant place Personal service under CPR 6.5 Completing the relevant step required by CPR 6.5(3) Fax Completing the transmission of the fax Other electronic method Sending