This Q&A assumes that: • the lease in question is a residential assured shorthold tenancy • your query is whether or not the rental advance will fall within the tenancy deposit legislation under the Housing Act 2004 (HA 2004), and accordingly, whether the tenant can then challenge the landlord on compliance with that legislation HA 2004, s 213 sets out the requirements for landlords who receive a deposit in connection with an assured shorthold tenancy. Any deposit must be dealt with in accordance with an authorised scheme (HA 2004, s 213(1)), the initial requirements of which must be complied with within the period of 30 days from its receipt (HA 2004, s 213(3)). By HA 2004, s 213(5), a landlord

If a tenant wishes to take additional space in the same building or development, the parties may be tempted to vary the lease to include the additional space. However, a variation that increases the demise always results in surrender and regrant, regardless of the parties’ expressed intentions. It is open to the parties by deed of variation to vary the terms of a demised lease. It is common for such variations to take place to update the terms of a lease, or to alter the extent of the demise or the term. By operation of law, certain variations to the terms of a lease by way of a deed of variation can amount to a surrender and regrant of

Status of occupation The current status of the occupier’s occupation will depend upon all of the facts and circumstances, including whether the: • landlord actively requested that the occupier vacate on expiry of the agreement and has maintained that position thereafter • landlord accepted further rent, on a periodic basis or otherwise • parties discussed the basis on which the occupier was remaining in occupation, and/or • parties were in negotiations in respect of a further letting agreement, and if so the terms of that agreement Depending on all of those facts and circumstances the occupier may be a: • tolerated trespasser or a licensee • tenant at will, or • periodic tenant Tolerated trespasser/licensee If the landlord has not accepted any rent and has clearly and repeatedly sought

Rent Act tenancies and first succession Rent act tenancies are predominantly governed by the Rent Act 1977 (RA 1977). A Rent Act tenancy will be either a protected tenancy or a statutory tenancy. Upon the death of either a protected or statutory tenant, the tenant’s spouse (or a person living with them as a spouse) may succeed to the tenancy. If there is no spouse (or person living with them as a spouse), another member of the tenant’s family may succeed, if they resided with the tenant for the requisite period of time prior to the tenant’s death

It draws a focus upon an obligation to keep the demised premises ‘maintained’ which is imposed in the context of a requirement that they be kept in good and substantial repair. Effectively, the slightly curiously worded covenant has two obligations: to keep the premises in good and substantial repair and also to keep them maintained. It is helpful first to consider what the concept of ‘repair’ entails. It connotes a deterioration from an earlier existing state: Quick v Taff Ely Borough Council. From this it follows that where there is an inherent defect in the building, there cannot be said to be any deterioration from an earlier condition: the property is in the same state as it has always been (Post Office v Aquarius Properties). If however the defect causes some form of deterioration

Where a solicitor instructed by a tenant has negligently failed to include a break clause in the lease, the tenant has an action under the tort of negligence. Section 2 of the Limitation Act 1980 (LA 1980) sets out the limitation period for claims in tort: 'An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.' As can be seen from LA 1980, s 2, the crucial question for working out when the six year limitation period begins to run is to ask when the cause of action accrued (the tenant is also likely to have a claim in contract, but the limitation period in contract is likely to start

Worker categories For holiday years starting before 1 April 2024 there is only one category of worker for holiday entitlement and pay purposes (what we will call ‘regular’ workers). For holiday years starting on or after 1 April 2024 a new method of calculating holiday entitlement and pay was introduced but only for workers that fall within the newly created categories of ‘part-year’ or ‘irregular hours’ workers. For workers that do not fall within these categories the original method of calculating holiday entitlement and pay continues to apply. For detailed information on the definition of a part-year worker under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, regs 2(1) and 15F(1)(b), see the section: ‘Part-year worker’ in Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. See also the government guidance: Holiday pay and entitlement

Under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992), an eligible employee will qualify for statutory sick pay (SSP) in relation to a ‘day of incapacity for work’ if the day in question: • forms part of a 'period of incapacity for work' (PIW) • falls within a 'period of entitlement', and • constitutes a 'qualifying day' (although SSP is not generally payable for the first three qualifying days (known as ‘waiting

The whole of an annuity (not being a purchased life annuity) is wholly income, subject to income tax, in the hands of the recipient. See sections 683 and 684 of the Income Tax (Trading and Other Income) Act 2005 (ITTOIA 2005). Income tax must be deducted before payment of the amount to the

A legacy in a Will of a laptop does not necessarily incorporate a legacy of the information stored on the laptop. Digital assets comprise

Case study A testator (T) leaves a specific gift in his Will of all moneys in a named ISA account to a beneficiary. After making the Will, but prior to T's death, T makes a lifetime gift of approximately the same amount of money to B from a different bank account held by T. Kinds of legacy—general and specific A legacy of £1,000 which does not identify any source of funds is a general legacy, to be paid out of what remains in the estate once all the specific legacies have been dealt with. Not all legacies of money are general, however. A legacy of currency kept in a particular place will be a specific legacy, and a legacy of a particular chose in action such as a bank account will

The value of the house would be subject to inheritance tax (IHT) on the death of the testator, but if the house has been occupied by the testator as a residence prior to their death, the residence nil rate band may be claimed by their executors. If the life tenant of the immediate post-death interest (IPDI) created by the testator’s Will is the testator’s spouse or civil partner, then on the death of the life tenant, relief may be available in the form of a brought-forward allowance. For further detail, see Practice Note: IHT—residence nil rate band. The