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Joint assured shorthold tenancy Where two joint tenants hold an assured shorthold tenancy (AST) together, the joint tenancy continues until such time as it is validly terminated. Therefore, if one of the joint tenants leaves the property, they remain a joint tenant. No implied sole AST arises in favour of the remaining tenant. It is for this reason that the position of the remaining tenant remains precarious after a joint tenant has ceased occupation of the property. For example, in cases where two people are in a relationship with one another and hold a joint tenancy, if the relationship breaks down and one partner leaves, the departing
Q&As
The answer to this Q&A appears to be no. Landlord B is automatically assigned the reversion to the assured shorthold tenency (AST) by virtue of the legal transfer of landlord A’s legal interest to landlord B (section 3(1) and 3(3) of the Landlord and Tenant (Covenants) Act 1995). There is no need for a formal assignment. Landlord
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Section 21 of the Housing Act 1988 (HA 1988) provides a mechanism for a landlord to bring a tenancy to an end without reason (in contrast to by way of HA 1988, s 8, which requires a specific ground). There are various requirements that must be fulfilled in order to utilise the HA 1988, s 21 procedure, as set out both in HA 1988 and in the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646, as amended. HA 1988, s 21 requires the giving of notice to bring the tenancy to an end. If the tenant does not leave upon the expiration of the notice, the landlord
Q&As
The answer to this question is found in section 215B of the Housing Act 2004. This provides, in summary, that where: • the initial requirements of an authorised deposit scheme have been complied
Q&As
For grounds 1 and 1A, the statutory condition is that ‘The current tenancy began at least 1 year before the relevant date’ (or re ground 1A, notice of compulsory acquisition has been given) (Housing Act 1988 (HA 1988, Sch 2 Pt I). The ‘relevant date’ in this context will be the date specified in the section 8 notice (see HA 1988, Sch 2, Pt 5, para 12). Section 146 of the Renters’ Rights Act 2025 (RRA 2025) provides that on the ‘commencement date’ (ie 1 May 2026), the conversion
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Under section 11 of the Landlord and Tenant Act 1985, landlords of certain residential tenancies are obliged, among other things, ‘to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water’. A tenancy may also impose express obligations on a landlord regarding the supply of hot water and heating. See Practice Note: Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair. Where
Q&As
On the expiry of the fixed term of an assured (including an assured shorthold) tenancy, provided the tenant remains in occupation, a statutory periodic tenancy will arise under section 5(2) of the Housing Act 1988. To terminate
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The Immigration Rules, Part 11B, para 360–360A confirm as follows: ‘360 An asylum applicant may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within one year of the date on which it was recorded. The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision at first instance cannot be attributed to the applicant. 360A If permission to take up employment is granted under paragraph 360, that permission will be subject to the following restrictions: (i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included on the list of shortage occupations published by the United Kingdom
Q&As
This Q&A assumes that the question relates to an ordinary power of attorney in a general commercial context. One of the basic rules of agency is that an agent cannot delegate their authority. However, there are exceptions to the general rule and in certain circumstances a power to delegate may be express or implied. If the attorney is to be allowed to delegate all or any of their powers there must be a specific provision which provides for this in the power of attorney. See, for example, Precedent: Power of attorney for commercial transactions, clause 2. It is important to remember that delegation and substitution are different. In a delegation, the new attorney
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Our Practice Note: Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives notes that a sponsor licence application may and in certain circumstances will be refused or, if relevant, the licence subsequently revoked, if any of the Authorising Officer, Key Contact, Level 1 user or any owner, director or other person involved in the day-to-day running of the organisation: • has any unspent convictions in relation to immigration offences or a number of listed serious offences in Part 1 of the Sponsor Guidance at Annex L4 (Part 1, para L4.3)—mandatory refusal of application (Part 1 Annex L1(b))/mandatory revocation of licence (Part 3, Annex C1(b)) • has previously been dishonest in their relationship with […] any other government department) […]—a licence application will normally refused/existing licence
Q&As
The construction of an express easement will always depend on the terms of the deed, in the context of the background circumstances in which it was made. Subject to that caveat,
Q&As
The principle of extinguishment by unity of ownership is based on the idea that one cannot have an easement over one’s own land. When the dominant and servient tenements come into the absolute ownership of the same person in fee simple, the easement is extinguished. This is distinct from situations where the easement is merely suspended, such as when there is unity of possession but not ownership, or where the ownership is not absolute. If an easement has been extinguished by the principle of unity of ownership, it does not automatically revive upon the subsequent separation of ownership of the dominant and servient tenements. Once extinguished, the easement ceases to exist as a legal right.