An interim possession order (IPO) is a type of order available only against trespassers, making it a criminal offence to fail within 24 hours to leave the relevant property (section 76 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994)). This includes a person who leaves and re-enters (CJPOA 1994, s 76(4)). Applications are governed procedurally by CPR 55.21–28. By CPR 55.21, IPOs are available only in respect of premises, as opposed to land, can only be used where a landlord brings proceedings within 28 days of knowing, or from when they ought to have known, that the trespassers are in occupation, and the trespassers must have entered without permission from the landlord (so not, for example,

An executor derives title from the Will but can elect whether or not to accept the executorship. They can renounce, relinquishing their entitlement to the grant. See Practice Note: Removal, renunciation and retirement of personal representatives and Renunciation—flowchart. If the executor has intermeddled by carrying out acts in administering the estate, they lose the right to renounce. They are taken to have accepted the executorship (see Re Stevens). Intermeddling comprises any act by the executor in relation to the testator’s property which indicates an intention to assume the executorship, unless the act is of such a minimal character that it only amounts to technical intermeddling (Holder

In answering this question, it has been presumed that the tenant has not remained in occupation following a formal licence/tenancy. It has been assumed that the occupier is not occupying the land without authorisation and is not trespassing. We are not aware of any authority for a situation where a tenant who has been in occupation without paying rent has successfully claimed a periodic tenancy. However, rent is not essential in order for the arrangement to constitute a tenancy (see Lynes v Snaith)—see the information on tenancies at will below. Periodic tenancies A periodic tenancy is a tenancy that can be created either by express agreement, by inference or by statute. If one party allows another into possession of his land on payment of rent, failing more, the inference

For detailed information on Acas’s duty to conciliate under sections 18A–18C of the Employment Tribunals Act 1996 (ETA 1996), see Practice Note: Acas conciliation. Normal contractual principles will apply in respect of a conciliated agreement, ie there needs to be an offer, acceptance and consideration. See the section of Practice Note: Acas conciliation entitled ‘Consideration’. While the more prudent course is for an agreement to be reduced into writing, provided that a conciliation officer has taken action to bring about a settlement under ETA 1996, s 18(2), no particular formality is required and an agreement may be reached orally (Gilbert v Kembridge Fibres, Duru

Service of a notice under section 21 of the Housing Act 1988 (HA 1988) is one of the ways in which a landlord can seek possession of an assured shorthold tenancy (AST). By HA 1988, s 21(8) there is power for the Secretary of State to prescribe a form of section 21 notice in relation to properties in England. This power was introduced by the Deregulation Act 2015 and was exercised in the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (Prescribed Requirement Regs 2015), SI 2015/1646, reg 4, which amended the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015, SI 2015/620. Pre-October 2015 tenancies It was provided that the prescribed form applied ‘in relation to an assured shorthold tenancy of a dwelling-house in England granted on or after 1st October

It is assumed that the offers to which the question refers have been made in the course of civil litigation between two parties based within the jurisdiction and that the underlying dispute is governed by the law of England and Wales.  In Contract Law, where the response to an offer is a counter-offer, that counter-offer will generally be deemed to be a rejection of the original offer. Whether a communication constitutes a counter-offer or some other communication, such as a request for information/clarification which would not constitute a rejection is, however, a matter for the proper construction

Time of the essence The general presumption is that time is not of the essence for a rent review clause. However, that presumption can be rebutted if there are sufficient contra-indications in the wording, structure or context of the particular clause. Accordingly, to establish whether the landlord is still entitled to operate the rent review, it would need to be ascertained that time was not of the essence in the context of the particular lease and provisions. For more information, see: • Practice Note: A guide to rent review for property lawyers • Commentary: Time limits: Hill and Redman's Law of Landlord and Tenant [2146], and • Commentary: Time of the essence: the presumption: Commercial Leases [81] Mechanism

The Electronic Communications Code (the Code) (contained within Schedule 3A Part 1 to the Communications Act 2003 (CA 2003)), has been in force in its current form since December 2017. Where an agreement previously in place has expired after 28 December 2017 and is not protected by the provisions of Part II of the Landlord and Tenant Act 1954 (LTA 1954, ss 23–46) (in which case the procedure in the LTA 1954 must be followed rather than the CA 2003, Sch 3A, Pt 5, para 33 procedure: Vodafone v Hanover Capital ) either party may make an application to the tribunal seeking the modification or replacement of the agreement. A site provider may seek to terminate the right of occupation

Generally, once a judgment has been obtained, the judgment creditor can take enforcement action in relation to the judgment debt, ie the debt due and owing under a court judgment or order. However, there is no general rule in enforcement that a defendant must preserve their assets before a judgment is made against them. It is therefore generally possible that the asset position of the defendant may change during proceedings. Charging order and order for sale—prior charges Where a judgment creditor chooses to enforce a judgment by charging order and order for sale against property, the value of prior charges (such as a mortgage) and the remaining equity in the property

For the purposes of this Q&A we have assumed that the option in the question is an agreement made between a landowner and a potential purchaser of their property. In such circumstances, both parties will enter into an agreement in return for a non-refundable sum of money to exercise the option to purchase the land. This will entitle the potential purchaser to a legally binding option to purchase the same, either within an agreed time-frame, or potentially after the happening of a certain event, for example, obtaining planning permission. There are various types of option, for example, a ‘call-out’ option is a contractual right to sell the land to the option holder, whereas a ‘put option’ is a contractual right for the owner

In answering this Q&A we have limited our research to cover a business contract between two commercial entities. Is the letter agreement an option? It is important to consider whether the extension provision in the letter agreement in this Q&A can be considered an irrevocable offer to be accepted by the other party. An offer may generally be revoked at any time before it has been accepted. However, this is not the case where the offeror’s promise is supported by consideration, or set out in a deed, so as to amount to an option. The contract of option may be unilateral or bilateral. It may exist either as a separate option contract, or as part of a larger contract such as a sale with an option for the buyer to make further purchases on similar terms or a service or agency agreement with an option by either party

This Q&A assumes that: • the grantor still owns the relevant land, unencumbered • the notice was validly served and gave rise to an unconditional and enforceable contract for the purchase of the land Specific performance is an equitable remedy available to compel performance of a valid and enforceable contract. No limitation period applies to