As set out in the Drafting Notes to Precedent: Precedent s 106 agreement (see Drafting Note to clause 4), planning obligations in a section 106 agreement (section 106 of the Town and Country Planning Act 1990) are usually drafted on a conditional basis so that they come into effect at the point on implementation of the relevant planning permission and fall away if that permission is quashed or expires prior to implementation. If this is the case, the

Where a tenant commits a breach of covenant and a right to forfeit arises, the landlord is put to their election. The landlord can either choose to enforce the right to forfeit and treat the tenancy as at an end or they can affirm the contract and treat the lease as continuing to

Common law rules of service apply to notices served under section 21 of the Housing Act 1988 (HA 1988) (to seek possession of an assured shorthold tenancy). These may be displaced by any agreed service provisions in the tenancy agreement, which should be checked carefully. Subject to that, the notice may be served: • by personal delivery to the tenant • by post, or • by delivery to an authorised agent See Commentary: Service of notices to quit and other notices:

It is the landlord who must serve it on the tenant. This follows from the wording of section 21 of the Housing Act 1988 (HA 1988) itself which provides: that the court must be satisfied that the ‘landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house’. The identity of the landlord and tenant might change during the course of a tenancy. While it is more likely to be the landlord whose identity changes, a tenant might purport to assign the tenant’s interest to a third party even if this amounts to a breach of the usual covenant against assignment which one finds in an assured

The Tenant Fees Act 2019 (TFA 2019), in force from 1 June 2019, prohibits landlords and letting agents from requiring tenants of certain residential tenancies in England to make payments other than those specifically permitted, including setting limits on the amount of money that can be demanded as security. A tenancy deposit taken as security for the tenant’s obligations is permitted. However, the deposit must not exceed five weeks’ rent (unless the annual rent is £50,000 or more, in which case the limit is six weeks’ rent)—any amount payable in excess of this will be a prohibited payment. Where a landlord:

You have confirmed that the notice has been validly served—presumably on the basis of a contractual provision allowing for service by first class post. We make this assumption on the basis that, in respect of statutory service regimes, section 23 of the Landlord and Tenant Act 1927 (LTA 1927) applies to section 25 notices under the Landlord and Tenant Act 1954 (LTA 1954), LTA 1954, s 66(4). The section 23 regime

As a general rule, where a notice is given under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), then the tenant by whom it is given will be liable—to the extent that they have been incurred by any relevant person in pursuance of the notice (eg the landlord)—for the reasonable costs of that person: LRHUDA 1993, s 60(1). Furthermore, where the section 42 notice ceases to have effect, or is deemed to have been withdrawn, at any time, then the tenant's liability under this section for costs incurred by any person shall be a liability for costs incurred by them down to that time (reference should be made to the whole of LRHUDA 1993, s 60 for the exact ambit of these provisions). LRHUDA 1993, s 60 therefore raises two questions where some mistake has been made when initiating a tenant’s claim for a new lease. Does a purported section

Contractual regime The assured tenancy (AT) or assured shorthold tenancy (AST) agreement may include a notices clause, which will govern how any notice must be served. Some leases will include deemed service provisions as well, for example: ‘...any notice or demand in connection with this Lease may be sent by first class post and if sent from within the UK properly stamped and correctly addressed will be conclusively treated as having been delivered two working days after posting.’ The wording of the notices clause should be considered carefully as it is imperative that the break notice is served in accordance with the requirements in the tenancy. Contractual provisions may be permissive or mandatory: • permissive notice provision—some notice provisions will be permissive as to the methods of service of notices. For example, the wording may provide that ‘any notice or demand in connection with this lease may be sent by

Section 283 of the Insolvency Act 1986 (IA 1986) exempts certain assets from falling within the bankruptcy estate. There is a specific exclusion for certain kinds of statutory tenancies unless the trustee in bankruptcy serves notice to claim them as is required by IA 1986, s 308A. Those tenancies include: • a tenancy which is an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988 (HA 1988), and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977 (RA 1977)

For information on the national minimum wage (NMW) generally, see Practice Note: National minimum wage. In principle, a worker may enforce their NMW entitlement by: • bringing a breach of contract claim in the High Court or County Court, or in the Employment Tribunal, or • bringing a claim for unlawful deduction from wages in the Employment Tribunal An individual may also, if they wish, seek a declaration that they are a worker within the meaning of the National

We are unable to offer advice in relation to the specific scenario which is described in your question. However, we would refer you to rule 1.4 of the SRA Code of Conduct for Solicitors,

The seller is generally entitled to full payment of the purchase price, and (subject to exceptions) retains an equitable lien over the property until paid in full. This is