This Q&A refers to statutory periodic assured shorthold tenancy (AST). Notice to terminate Once the fixed term of an AST has ended, the tenancy automatically becomes a statutory periodic tenancy unless the landlord and tenant agree to: • a contractual periodic tenancy, or • a formal replacement AST The landlord does not have to give a reason to regain possession once the fixed term has ended or when the tenancy is a periodic one. However, it must follow a strict legal procedure which involves: • giving notice requiring possession under section 21 of the Housing Act 1988 (HA 1988) (section 21 notice) and meeting any related requirements, and • where the tenant refuses to leave, obtaining a possession order For a landlord to serve notice on the tenant to terminate a statutory periodic monthly tenancy, such notice must

When a tenant occupies premises demised by a lease for the purposes of a business, then absent of a right to forfeit for breach of covenant, it can only be brought to an end in accordance with the sections 23(1) and 24(1)–24(2) of the Landlord and Tenant Act 1954 (LTA 1954). As practitioners will be aware, when a landlord wishes to do so, a notice under LTA 1954, s 25 must be served giving between six and 12 months’ notice to bring it to an end. The notice must make clear whether the landlord is opposed to the grant of a new tenancy. If the grant of a new tenancy is opposed, for it to be valid, the landlord's notice must state upon which of the eight statutory grounds of opposition reliance will be placed LTA 1954,

Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 58A provides that registrable leases must contain the prescribed clauses set out in LRR 2003, SI 2003/1417, Sch 1A. HM Land Registry will use the information contained in these clauses to complete the registration of the lease. The term of the lease is entered into clause LR6. This Q&A has not found any authority to suggest that the prescribed clauses take precedence over the other clauses in the lease, or vice versa, although a comprehensive case search is beyond the scope of the LexisAsk service. Clause LR4 sets out the property demised by the lease and contains a statement to the effect that, in the case of a conflict between clause

In so far as the property register of registered land is concerned, except where otherwise permitted the property register of any registered estate must contain a description of the registered estate which, in the case of a registered estate in land, rent charge or registered franchise which is an affecting franchise must refer to a plan based on the Ordnance Survey map and known as the 'title plan'. As such, the title plan is evidence of the extent of the land in the title. For further information, see Practice Notes: Land registration—contents, effect and

For the purposes of the income tax settlements legislation in England and Wales, a ‘settlor’ is defined broadly. According to section 620 of the Income Tax (Trading and Other Income) Act 2005 (ITTOIA 2005), a settlor is any person by whom the settlement was made. This includes individuals who have provided funds directly or indirectly for the purpose of the settlement, undertaken to provide such funds, or entered into reciprocal arrangements with another person to make or enter

A settlement agreement is a contract in and of itself. There are two potential scenarios that arise from this question: the first where the settlement agreement was entirely contractual; the second where the settlement agreement was also embodied in a consent order. Entirely contractual compromise An unimpeached compromise represents the end of the dispute or disputes from which it arose (see Prudential Assurance Co Ltd v McBains Cooper [2001] 3 All ER 1014 at [19]). It is the dispute that is compromised, as opposed to the original contract itself. It is, of course, open to the parties to expressly vary the original contract at the same time as the dispute is compromised,

The points-based system (PBS) dependent child currently has leave as a child of a relevant PBS migrant, under the Immigration Rules, Part 8, paras 319F–319 as at the time their leave was granted. At the time of their last application, both parents must have been lawfully in the UK (other than a visitor). It is not certain from the question whether the intention is for the other parent (currently the relevant PBS migrant) to remain a ‘main applicant’ in their own right, or if they are switching to being a partner dependent of the parent who is switching to become a Skilled Worker. If the relevant PBS migrant parent is remaining in their own category, then the child will still be the child of a relevant PBS migrant

Schedule 2 of the Acquisition of Land Act 1981 relates to minerals. Part 1 provides that a compulsory purchase order may incorporate 'Parts II and II of this Schedule (which together re-enact sections 77 to 85 of that Act)'. Part 2 provides that where the Schedule is incorporated, '[t]he acquiring authority shall not be entitled to any mines under the land comprised in the compulsory purchase order unless they have been expressly purchased

Inconsistency between the name and registered number of a company on the face of a contract may create issues relating to identity, privity and capacity. Contractual provisions (including the identification of the parties), will be interpreted in accordance with what the parties are considered to have intended, judged objectively and in the light of the relevant factual background known to both parties. The courts will interpret a contract in accordance with the principles established by Lord Hoffman in ICS v West Bromwich Building Society and the line of cases since. For more information, see Practice Notes: • General rules of contract interpretation—summary • Contract interpretation—the guiding principles • Contract interpretation—rules

Non-disclosure agreemnts The purpose of a disclosure-agreement'>non-disclosure agreement (NDA) would be for the two parties to share confidential information or to keep trade and business secrets private. NDAs can be mutual or unilateral (being in favour of either the recipient or the discloser) but this distinction does not affect the answer to the Q&A. A usual NDA would contain provisions to the following effect: • the recipient of the information undertakes not to use the confidential information disclosed by the other party except for a specific purpose, without first obtaining the written consent of the other party. The confidential information can be widely defined to include the company’s business policies and plans, finances, proprietary rights (including lists of suppliers) and

Appointment of personal representatives ‘Renunciation’ is the act whereby a person having a right to probate or administration waives and abandons it. A person: • cannot be forced to act as executor • may renounce their right to take a grant so long as they have not impliedly indicated acceptance of the office by intermeddling with the estate The court has the power: • to remove and appoint a substitute personal representative (PR) in place of the existing PR • if there are two or more PRs, to terminate the appointment of any one or more of those persons (not all of them) For further guidance, see Practice Notes: Appointment of personal representatives and Removal, renunciation and retirement of personal representatives. Priority to a grant of administration with Will annexed is set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 20: ‘Where the

This Q&A assumes that the first spouse to die used their nil rate band (NRB) in full. The nil rate band Each person's estate is exempt from inheritance tax (IHT) up to a certain threshold, called the NRB. Under sections 8A–8C of the Inheritance Tax Act 1984, as inserted by section 10 of the Finance Act 2008 and FA 2008, Sch 4, paras 1–2, it is possible for the unused percentage of the NRB from a late spouse or civil partner to be transferred on the death, after 9 October 2007, of the surviving spouse to the estate of that surviving spouse. This is called the transferable nil rate band (TNRB) and can have the effect of increasing