We are not aware of any particular reason why a third party cannot join into a transfer of part to grant an easement, with the transferor, over land separate to the retained land. The deed should make it clear that the third party is

This Q&A assumes that in this scenario the seller is the owner of a long residential lease in a building, which is a relevant building for the purposes of section 117 of the Building Safety Act 2022 (BSA 2022). BSA 2022, Sch 8 provides that certain service charge amounts relating to certain building safety defects are subject to limitations. In order to benefit from these provisions, the lease in question needs to be a ‘qualifying lease’ as defined by BSA 2022, s 119. It should be noted that these provisions attach to the lease and not the individual leaseholder(s). The intention is that the benefit of the service charge limitations pass to successive owners of the leasehold interest

Under section 21B(3) of the Landlord and Tenant Act 1985 (LTA 1985), a tenant may withhold payment of a service charge if the demand is not accompanied by the summary of rights and obligations in the prescribed form (the s 21B notice). By LTA 1985, s 21B(4) where a tenant withholds a service charge under LTA 1985, s 21B, then any

For residential leases, where the interest of the landlord under a lease or tenancy which consists of or includes a dwelling is assigned, the new landlord must give notice in writing of the assignment, and of their name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months (section 3 of the Landlord and Tenant Act 1985 (LTA 1985)). Breach of this statutory duty has several consequences: • the new landlord commits a criminal offence (LTA 1985, s 3(3)) • the old landlord remains liable to the tenant in respect of any breach of any covenant etc under the tenancy which occurs before the proper notice is given (LTA 1985, s 3(3A)), and • if, therefore, the new landlord has also failed to comply with

It is assumed that the service user's property was not subject to a disregard, the local authority (LA) did not take a charge over the property or enter into a formal deferred payment arrangement in answering this question. See Practice Note: Preparing and securing deferred payment agreements. If a service user dies having made a Will and appointed an executor, then the LA would be able to approach the executor to seek payment of the debt from the estate of the service user. If the LA does not know who the executor is, then they will be able to conduct a probate search online to see whether a Grant of Probate has been granted. Liabilities form part of the estate of the deceased, just as the assets do, and should be recoverable provided there are sufficient assets to cover the liabilities.

A settlement agreement is a contract between parties (whether employee and employer, prospective litigants in other areas of law or otherwise) which can be used to set out the terms on which a dispute is compromised. They are commonly used in the employment setting to end the employment relationship on agreed terms and, in particular, are used to waive any claims that the employee may have in consideration of those terms. In the context of employment, settlement agreements must comply with the requirements of section 203(3) of the Employment Rights Act 1996 (ERA 1996). This is because the section provides that any provision in a contract purporting to exclude or limit the operation of any provision in ERA 1996, or to

If a claim is settled at any time after it is issued, it is advisable to enter into some form of settlement agreement. Once proceedings have started, discontinuance or simply letting a claim form lapse can have disastrous costs consequences. When do proceedings start? Pursuant to CPR 7.2, proceedings are commenced for the purposes of the CPR and associated costs and procedural rules upon issue of the claim form. For further details, see: Starting a claim or counterclaim—overview. If the claim form is not served within the time limits specified in CPR 7.5, then the claim form will lapse and any subsequent attempt to serve the claim form would be out of time. However, that does not mean that the proceedings automatically come to an end at that point as the claimant could seek to apply for an extension

The residence nil rate band (RNRB) was introduced in the Finance Act 2015 with amendments added by the Finance Act 2016. The legislation can now be found in the Inheritance Tax Act 1984. For background information, see Practice Note: IHT—residence nil rate band. A key feature of the RNRB is that

See Practice Note: Relevant property trusts—the principal (ten-year) charge within the Trusts—inheritance tax subtopic, which sets out the inheritance tax (IHT) rules applicable to discretionary trusts within the relevant property regime. In particular, The amount of NRB to be deducted’ explains how the amount of basic

Although a share may be transferred without payment from the recipient in certain circumstances, an allotment of a share cannot. This is because s 580(1) of the Companies Act 2006 (CA 2006) provides that 'a company's shares must not be allotted at a discount'.  Nevertheless, if shares have been issued to the trustees of an employee benefit trust (EBT) for no payment, this does not make the allotment of the shares invalid, but the trustees – or any future holder of the share – may be liable to pay at least nominal value for the shares, and

Changes in a sponsoring company’s ownership is a topic is covered by the Home Office guidance: ‘Workers and Temporary Workers: guidance for sponsors’; information on this particular question can be found within Part 3: Sponsor duties and compliance, and falls under the section ‘Mergers, takeovers and similar changes’. This guidance document provides information on the required steps to be taken when a sponsoring company is involved a change of ownership, along with takeovers, merger, and other changes. It should be noted, however, that the guidance is limited to certain more commonly occurring scenarios, leaving some ambiguity as to the requirements of a sponsor in more unusual or complex circumstances. This question is one such situation. Under section C4, which deals with this topic, the guidance states that: ‘…General principles— C4.1. Your sponsor licence

If a company purports to employ and pay an individual a wage in order to minimise the tax liability either of the company itself or of a director/shareholder (when in fact the individual does no work and provides no services), that would seem to amount to tax evasion. If a solicitor is aware that this is occurring, they should follow the procedures set out in the firm’s tax evasion facilitation prevention policy. See: • Practice Note: Failure to prevent facilitation of tax evasion—compliance issues • Precedent: Policy—tax evasion facilitation prevention For employment law purposes, detailed information on determining