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Q&As
Sponsor Guidance, Part 3, sponsor duties and compliance, Annex C3 (f) provides that it is a discretionary (‘may’) revocation circumstance if ‘Any of your Level 1 or Level 2 Users disclose their sponsorship management system (SMS) password to another person; or, if you were taking part in the trial of the Sponsor UK service, any of your Sponsor UK account users disclosed their Sponsor UK password to another person.’ We cannot see any explicit duty in the Sponsor Guidance to report breach of this particular duty. For matters which explicitly must be reported (which in some cases may reveal that there has been a breach of a relevant sponsor duty), see Practice Notes: Workers and Temporary Workers sponsor duties: sponsor changes of circumstances and Workers and
Q&As
The case of Street v Mountford, established that a lease, rather than a licence will exist: • where an occupier is granted exclusive possession; • for a fixed or periodic term; • at a rent This is regardless of what name the parties have given to the agreement. These principles apply whether the property is residential, or commercial. A licence on the
Q&As
Section 15 of the Wills Act 1837 (WA 1837) states: '...if any person shall attest the execution of any will to whom or to whose wife or husband any beneficial devise, legacy, estate, interest, gift, or appointment, of or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts), shall be thereby given or made, such devise, legacy, estate, interest, gift, or appointment shall, so far only as concerns such person attesting the execution of such will, or the
Q&As
The residence nil rate band (RNRB) is available to be set against the deceased’s whole estate up to the value of a residential property interest which is closely inherited (ie passes to qualifying beneficiaries) for deaths on or after 6 April 2017. It is not necessary for the residence itself to be specifically bequeathed to those beneficiaries. The legislation defines a qualifying residential interest (QRI). The main condition is that the deceased must have had an interest in a property which was occupied as that person's residence when they owned it and which would have been part of their estate on their death. Where the deceased leaves a QRI which is closely inherited
Q&As
We have assumed that the lease is registered and that the application for adverse possession was made under the Land Registration Act 2002 (LRA 2002) adverse possession regime. Under LRA 2002 adverse possession regime, a squatter can apply for registration as proprietor of a registered estate in land (which includes a registered leasehold estate) after ten years of adverse possession. LRA 2002 does not alter the substantive law relating to the concepts of adverse possession—as made clear by LRA 2002, Sch 6, para 11, (see Practice Note: Establishing adverse possession of land and Commentary: Adverse possession: Claims to the Possession of Land [G2.8], but provides that title to land is not extinguished by any length of possession. See Commentary: • Introduction to adverse possession: Atkin's Court Forms [14] • Legislation governing adverse possession in relation to
Q&As
We have assumed that the lease is registered. The Land Registry Practice Guide 4 at paragraph 5.4 states that: 'If we do not receive a counter notice from any of the people given notice under Schedule 6, paragraph 2 of the Land Registration Act 2002, or any objection, we will register the squatter as proprietor once the time limit has expired (Schedule 6, paragraph 4 of the Land Registration Act 2002). If the squatter’s application
Q&As
Documents mentioned in statements of case The starting point for the purposes of the Civil Procedure Rules 1998 (as amended) is that pursuant to CPR 31.14 parties are entitled to inspect documents referred to in statements of case. In Blue Holdings (1) Pte Ltd v National Crime Agency, the Court of Appeal confirmed that the mere fact that a document was 'mentioned' in one of the documents specified in CPR 31.14(1) did not automatically, and without more, entitle the other party to inspect it. However, the general rule is that ordinarily where a document is ‘mentioned’ in a statement of case, this will be sufficient to constitute grounds for inspection as, allowing a party to inspect documents which form a material part of the party’s case, reflects basic fairness and principle in an
Q&As
As a preliminary point, it is worth observing that the timing of service of a statutory demand is of lesser importance where the debtor is a registered company than would be the case where the debtor is a natural person. In a corporate context, the statutory demand is merely one means of establishing a company’s inability to pay its debts (Re a Debtor (No 544/SD/98)), which could equally be demonstrated by the company’s failure to pay the debt referred to in the petition when it fell due. There is no procedural mechanism by which a corporate
Q&As
The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) contains provisions entitling qualifying residential tenants to obtain a 90-year extension to their lease and the conversion of any ground rent to a peppercorn. There is a defined statutory procedure and a timetable that must be followed in circumstances where there is a dispute or the terms of acquisition cannot be agreed. This procedure is not mandatory; a landlord and tenant are entitled to agree whatever terms they wish outside of LRHUDA 1993 provisions but where agreement cannot be reached the procedure is the only way in which a recalcitrant landlord can be compelled to grant the relevant extension, with the court determining the terms as necessary. However
Q&As
A local authority has various powers relating to the highway, the majority of which are contained in the Highways Act 1980 (HiA 1980). These powers extend to interventions where land adjoining a street (defined as a result of HiA 1980, s 329 by virtue of section 48 of the New Roads and Street Works Act 1991 as any highway, road, lane, footway, alley or passage, any square or court, and any land laid out as a way, whether or not it is formed as a way, a bridge or a tunnel) poses a danger or annoyance. HiA 1980, s 165 provides that if in or on any land adjoining a street, there is an unfenced or inadequately fenced source of danger, the local authority may by notice require the execution by the owner
Q&As
Section 77 of the Building Act 1984 (BA 1984) provides that if it appears to a local authority that a building or structure, or part of a building or structure, is in such a condition, or is used to carry such loads, as to be dangerous, the authority may make an application for an order requiring the owner to execute such work as may be necessary to obviate the danger or to demolish it if the owner so elects, or to restrict the use of the building or structure where the danger arises from overloading. If the owner fails to comply, the local authority can execute the order and recover reasonably
Q&As
The first point to consider is the effect of the grant of a sublease which is for a term of the same duration as the unexpired term of the headlease. It operates as an assignment of the term of the headlease. By granting a sublease of that duration, the tenant divests itself of the right to possession for all time. Accordingly, it takes effect as an assignment of the term. If the sublease was for a term of more than three years, it will have to be effected by deed which is itself a requirement for the assignment of the interest to operate at law. We are told that the sublease has not been registered at HM Land Registry. The effect of this depends upon the duration of the term.