We are not aware of any specific authority on this point. Limited guarantees In some transactions, the lender will agree that the guarantee is to be limited in some way which could include being limited by amount. For further information on limited guarantees, see Practice Note: Guarantees and Q&A: How do I draft a guarantee that is limited by amount? Indemnities used in guarantee documentation Lenders expect guarantee documentation to include both a guarantee and indemnity because the primary nature of the obligations under an indemnity are advantageous for a lender if the underlying

We have assumed that the disclaimer of the leasehold title was pursuant to liquidation or bankruptcy. A tenant’s liabilities under the lease come to an end upon disclaimer by a liquidator or a trustee in bankruptcy, but the liability of other parties, including subtenants, does not. The headlease accordingly continues as a ‘notional’ reversion (as described in the High Court case of Scottish Widows Plc v Tripipatkul). However, the landlord and subtenant do not have a direct relationship. Accordingly, if the subtenant performs the covenants in the headlease, the landlord will not be entitled to possession. The landlord does, however, have various options and remedies available, including forfeiture in the event that the subtenant breaches the terms of the headlease. See Practice Note: Disclaimer of a lease-impact on landlords, tenants and third parties. The landlord, or any person who

The surrender and regrant of a headlease will have little effect on an underlease. The landlord and tenant are not entitled to impose on the undertenant any variation to the underlease by virtue of a transaction to which the undertenant is not a party. By section 150(4) of the Law of Property Act 1925 (LPA 1925), on the surrender and regrant of a headlease: 'Each under-lessee

An agreement under section 278 of the Highways Act 1980 (HiA 1980) (a section 278 agreement) is an agreement relating to the carrying out of highways works which are entirely within the existing adopted highway. Unlike agreements under HiA 1980, s 38 (section 38 agreements), which require the dedication of additional land as part of the adopted highway, and so require the owner of that land to be a party to the agreement to dedicate the land, a section 278 agreement is primarily a funding mechanism whereby a third party, such as a developer, agrees to meet the cost of the highways works

Practice Notes: Obstruction of highways and Nuisance on highways provide guidance on what is an obstruction to the highway, and what remedies are available. Halsbury’s Laws of England provides useful commentary on The Removal of Obstructions

Section 291 of the Highways Act 1980 (HiA 1980), broadly, gives a person duly authorised in writing by a highway authority a power, at any reasonable time, to enter on land for certain purposes. Those purposes are exercising any power or right to maintain, alter or remove any structure or work which is situated on, over or under any land which is not part of the highway or owned by the authority (ie owned by another). By HiA 1980, s 290, the person seeking such entry must, if required, produce evidence of his authority, before or after entering the land. The person may take with them on to the land such other

Section 143 of the Highways Act 1980 (HiA 1980) provides that the highway authority may serve a notice on the ‘person having control or possession of the structure’ to remove it. This will not necessarily be the landowner of the land upon

Under Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), a company or group needs to meet various statutory tests in order to be able to be a qualifying company for enterprise management incentives (EMI) purposes. These tests include the trading activities requirement which is set out under ITEPA 2003, Sch 5, Pt 3, paras 14–23 and the UK permanent establishment requirement which is set out under ITEPA 2003, Sch 5, Pt 3, para 14A. In the case of a parent company, these two requirements will both be met if: • disregarding certain purposes specified under ITEPA 2003, Sch 5, Pt 3, para 14(4), at least one group company exists wholly

We have assumed that: • the staff accommodation meets the definition of ‘residential unit[s]’, under the Building Safety Act 2022 (BSA 2022), s 115, and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (the HRB Regs), SI 2023/275, reg 1 • the staff accommodation is part of the same building as the rest of the hotel, within the meaning of ‘building’ set out in the HRB Regs, reg 4 The higher-risk building regime The higher-risk building regime comprises a system regulations applicable to the design and construction of higher-risk buildings (HRBs), and to occupied HRBs. For information on the requirements of each of these phases of the HRB regime, see Practice Notes: Building Safety Act 2022—design and construction requirements of the higher-risk building regime and Building Safety Act 2022—higher-risk buildings in occupation and the Accountable Person. What is a higher-risk building? For the purposes of both the design and construction and occupation phases of the HRB regime, HRBs include buildings in

A person will be homeless under section 175 of the Housing Act 1996 (HA 1996) if they have no accommodation available for occupation that they: • are entitled to occupy as a result of an interest or court order • have a licence to occupy, or • occupy as a residence by any enactment or rule of law The accommodation must be available for the applicant and for anyone that resides with them or who might reasonably be expected to (HA 1996, s 176). Additionally, they will be homeless if: • they are unable to secure entry to the accommodation • it is a moveable structure with nowhere to place it, or • it is unreasonable for the applicant to occupy it In practice, therefore, homelessness is met where any of the following is a ‘no’: • is there accommodation? • is there an entitlement to occupy? • is

Whilst residential tenancies can come in various guises, often, residential tenancies granted by local authorities are secure tenancies. The procedure for terminating a secure tenancy is set out in Practice Note: Obtaining possession of a secure tenancy [Archived]. In short, the landlord must serve notice on the tenants (unless the court considers it just and equitable to dispense with the notice) before applying to the court for a possession order: s 83 of the Housing Act 1985 (HA 1985). As the HA 1985 does not state that notice must be served on the tenant at the rental premises, the contractual provision should prevail and therefore leaving the notice at the premises may well be sufficient deemed service. However, assuming that the express term referred

If the new gender of a party has been recognised by the issue of a gender recognition certificate (GRC) by the Gender Recognition Panel, and: • the applicant is married • is a party to a protected marriage (defined by section 25 of the Gender Recognition Act 2004 (GRA 2004) as, inter alia, a marriage under the law of