The reasons for and nature of the refusal are not given, and the time for which the child has been with the foster carer is not specified. This Q&A poses whether the foster carer can ‘appeal’ this decision. However, the route for the foster carer would be to apply to the court for an adoption order under sections 49 and 51 of the Adoption and Children Act 2002 (ACA 2002). First, the foster carer must establish that providing that the conditions set out in ACA 2002, s 42 are met. Then,

The right of first refusal is provided by Part I of the Landlord and Tenant Act 1987 (LTA 1987) as amended by the Housing Act 1996. Essentially, in certain circumstances, qualifying tenants will have the right of first refusal to purchase the freehold of a property when their landlord proposes to make a disposal affecting the whole or part of the premises. Where LTA 1987 applies, the landlord will be prohibited from making a relevant disposal unless they have first served formal offer notices on the ‘qualifying tenants’ in accordance with LTA 1987, s 5. The landlord must also make the disposal in accordance with LTA 1987, ss 6–10. The term ‘qualifying tenant’ is defined in LTA 1987, s 3 and means that every

Where two individuals jointly own the freehold of a property subject to a lease, they will usually collectively be referred to as the landlord or the freeholder. They will collectively both be bound by the same lease/leases in the building. This will include ensuring the freeholder obligations are complied with. On a transfer of a reversion to a lease: • if the lease is an ‘old lease’ for the purpose of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), the lease covenants bind the reversionary

The Housing Act 1988 (HA 1988), contains provisions enabling a landlord to bring a tenancy to an end within its fixed period upon proving one of the 17 grounds set out in its Schedule 2. The procedure is commenced by the service of a notice seeking possession (commonly known as a HA 1988, s 8 notice) and thereafter the initiation of court proceedings for possession after the relevant notice period for the specified ground relied upon in the section 8 notice has expired. Grounds 1 to 8 are mandatory, meaning possession will be granted if the ground is proved. The remaining grounds are discretionary, meaning that the court must be satisfied that it is reasonable to make an order granting possession. Ground 1 allows a landlord

Under section 5 of the Landlord and Tenant Act 1987 (LTA 1987), a landlord must serve a notice on the qualifying tenants of flats before making a relevant disposal, giving the tenants a right of first refusal and enabling them to purchase their landlord’s interest. Under LTA 1987, ss 5A–5D, a section 5 notice must include particulars of the principal terms of the landlord’s proposed disposal, including the property and the estate or interest in that property to which the contract relates. The law is silent as to whether these particulars

Section 15(1)(b) of the Endowments and Glebe Measure 1976 (the Measure) vests land in the Diocesan Board subject to such easements as existed on the appointed day (1 April 1979). Section 15(2) of the Measure provides that the easements take effect as legal easements. We have not seen any suggestion within the statute that they apply to the property only for so long as the Diocesan Board is the owner. See Commentary: Transfer and management of glebe land: Halsbury’s Laws of England [916] for further information. The risk is that there are some unknown easements which, if exercised, could affect the

Section 1 of the Landlord and Tenant Act 1987 (LTA 1987) provides that: '...a landlord shall not make a relevant disposal affecting any premises to which at the time of the disposal this Part applies unless (a) He has served a section 5 notice on the qualifying tenants in the building granting rights of first refusal on them; and (b) The disposal is in accordance with sections 6 to 10.' The building in this case is a converted house. It has been converted into three flats and as the question refers to flat owners it is

Right of first refusal Part 1 of the Landlord and Tenant Act 1987 (LTA 1987) provides that in specified circumstances a landlord is obliged to offer to sell their interest to tenants before otherwise being allowed to dispose of that interest. The precise scope of these provisions is defined in some detail in LTA 1987, but they will apply to the typical private landlord who owns premises containing multiple residential flats that are not let on short-term tenancies. In considering any particular case there is no substitute for checking the statutory provisions carefully. Where LTA 1987 does apply, the obligation on the landlord is not greatly onerous but it can be inconvenient as the offer to qualifying tenants must be kept open for at least two months. The obligation is reinforced by a criminal sanction under LTA 1987, s 10A, which is now an unlimited fine. See Practice Note: Tenants'

A landlord may forfeit a lease if, on the proper interpretation of the forfeiture clause, the right to do so has arisen. A right to forfeit also arises where a 'condition' of the lease is breached. There is no rule that the forfeiture

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) makes provision for tenants of flats in a building to acquire the freehold from their landlord and for tenants of flats to obtain the grant of a new lease with an additional 90-year term at a peppercorn rent (LRHUDA 1993, s 56(1)). The procedure operates by the tenant serving a notice containing the information contained in LRHUDA 1993, s 42 (referred to as a section 42 notice). The landlord then serves a counter-notice pursuant to LRHUDA 1993, s 45. If the parties are unable to agree the premium or terms for the new lease,

If the notice has been served prior to exchange, and it is not protected by registration, the freehold can be transferred and the buyer is not bound by the notice; see section 97(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Once the notice is registered, the freeholder must not make any disposal severing their interest in the premises;

Implementation of planning permission The first thing to check is whether the previous planning permission has been implemented. A previously granted planning permission will only still benefit the site if: • all pre-commencement conditions have been adequately satisfied • the time limits set by condition for starting the development and/or submitting reserved matters have not expired, or • the development has ‘begun’, ie material operations comprising the development or the use authorised by the permission have been initiated before those deadlines expire Time limits for implementation Section 91 of the Town and Country Planning Act 1990 (TCPA 1990) requires that every planning permission must contain a planning condition limiting the time within which the permission can be implemented. The relevant time limit for commencing the development is not later than the expiration of three years, beginning