Note that although the Leasehold Reform (Ground Rent) Act 2022 (LR(GR)A 2022) does not use the term ’ground rent’ (which is an industry term rather than a legal term), it seems that ‘rent’ is not intended to include service charge or other sums payable in respect of expenditure by the landlord. A sum expressed to be payable in respect of rates, council tax, services, repairs,

We have assumed for the purposes of this Q&A, that the question relates to a commercial property. Where an annual periodic tenancy has been granted or has arisen, unless expressly stated in the tenancy, at least six months’ notice to expire at the end of a yearly period must be given to determine the tenancy. Where the periodic tenancy has the protection of Part II of the Landlord and Tenant Act 1954 (LTA 1954), a LTA 1954, s

Section 5(2)(a) of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)) provides that if: ‘…a tenant assigns the whole of the premises demised to him,... he is released from the tenant covenants of the tenancy...as from the assignment.’ LT(C)A 1995, s 24(2) addresses the position of guarantors: ‘ …[where] immediately before the release another person is bound by a covenant of the tenancy imposing any liability or penalty in the event of a failure to comply with that tenant covenant, then, as from the release of the tenant, that other person is released from the covenant... to the same extent as the tenant is released from that tenant covenant.' LT(C)A 1995, s 25 sets out what Lord Nicholls in London Diocesan Fund v Phithwa (Avonridge Property Co Ltd, Part 20 defendant) described as a ‘comprehensive anti-avoidance

This Q&A assumes that judgment has been obtained in proceedings governed by the Civil Procedure Rules. Where a party has obtained a money judgment against another party, the successful party can use the methods of enforcement set out in CPR 70. These are generally:

Validity The implied assumption is that the guarantee is valid. It is an assumption which should be checked. If the guarantee purports to be a deed then it must be a valid deed. Each of the well-known criteria for a deed must be met. For further information, see Practice Note: Deeds. However, even contractual guarantees must be in writing or evidenced in writing, and signed by the guarantor (or his agent). See section 4 of the Statute of Frauds

Case study X acquired the land by gift on the basis that is for the benefit of the area, and all successors and assignees must hold this to the same 'forever'. The land has subsequently been acquired for monetary value, from X with restrictive covenants on the land. A deed of release has since removed both of the obligations that the restrictions placed on the current proprietor of the land. • If land is gifted, are you then able to sell the land? • Is an obligation to hold land on trust binding on successors? • Should charity commission permission have been sought before the obligations were removed? We assume that a valid charitable trust has been created. See subtopic: Charity land—overview which states that a number of issues have to be complied with in order to legally dispose of charitable land. Most importantly, trustees

Case law The meaning of dwellinghouse was considered in the following cases. In the context of assured tenancies, the House of Lords considered the meaning of dwellinghouse in Uratemp Ventures Ltd v Collins, concluding that a room in a hotel which lacked its own cooking facilities and shared bathroom facilities with others could constitute a dwellinghouse for the purposes of the Housing Act 1988 (HA 1988). As the ordinary dictionary definition of the word conveyed the idea of a place where someone lived, it followed that a bed-sitting room could be a dwellinghouse. It was a question of fact in each case. The judgment confirms variously that: 'Dwelling' is not a term of art, but a familiar word in the English language, which in my judgment in this context connotes a place where one lives, regarding and treating it as home.’ ‘Decisions

Section 5 of the Forestry Act 1967 (FoA 1967) makes provision for forestry dedication covenants, which means a covenant entered into with a view to allowing land to be devoted to forestry by means of agreements entered into with the appropriate forestry authority, being agreements to the effect that the land shall not, except with the previous consent in writing of the appropriate forestry authority, or in the case of dispute, under direction of the minister as regards England or Wales, be used otherwise than for the growing of timber or other forest products in accordance with the rules or practice of

Under section 110 of the Insolvency Act 1986 (IA 1986), with the appropriate sanction, the liquidator in a members' voluntary liquidation may sell or transfer the assets of the company to another company in consideration for shares or profits in the transferee company. The shares or profits in the transferee company would then be distributed to the shareholders of the transferor company in members' voluntary liquidation. Such a distribution in specie under IA 1986, s 110 is frequently used as part of a group reconstruction. The appropriate sanction under IA 1986, s 110(3)

It is assumed that the question refers to the Portal under which claims proceed for the purposes of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents from 31 July 2013. The pre-action protocol sets out three stages of the process if a case is to remain in the Portal. Stage 1 allows the defendant to either admit or deny liability on receipt of the Claim Notification Form. It appears the defendant did admit liability at Stage 1. The case then proceeds to Stage 2. The purpose of this stage is for the claimant to set out their claims in respect of various heads of loss, and for the defendant to make responses and counter-offers. The aim is of course to encourage settlement and/or a narrowing of the issues. There are strict time limits

This Q&A considers whether the time limit in respect of personal injury claims under the Limitation Act 1980 (LA 1980) applies to loss of earnings relating to the same incident. LA 1980, s 11(1) states: ‘This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or

Section 17 of the Children Act 1989 (ChA 1989) provides a general duty upon every local authority to safeguard and promote the welfare of children within their area who are in need. This duty to assess whether any child is in need applies to children from the UK and those who have just arrived in the country and may not have any status. The purpose of an age assessment is to establish whether the person is a child (ie under 18) and if so to assess their needs. If the person is not a child the duty under ChA 1989, s 17 does not arise but rather where the subject has arrived in the UK will be referred