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Where an appointment or nomination of any person to the office of liquidator relates to more than one person or has the effect that the office is to be held by more than one person, the appointment or nomination must declare whether any act required or authorised under any enactment to be done by the liquidator is to be done by all or any one or more of the persons for the time being holding the office of liquidator. Where a contract is made by two or more parties it may contain a promise or
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When a married couple divorce, the court has wide-ranging powers to divide up the matrimonial assets, regardless of whose name they are in. Matrimonial Causes Act 1973 (MCA 1973) contains powers for the court to make property adjustment, lump sum, maintenance and pension orders. A pension sharing order is an order requiring that one party’s pension has some or all of the fund carved out to form a pension fund for the other party. A clean break is the term used to describe the power of the court to bring finally to an end all claims that each party has against the other by way of a financial remedies order. A clean break means that neither party has any further claim, save as set out in that order, against the assets of the other, whether acquired before or after the marriage. MCA 1973, s 25A(1) provides that the court has a duty to seek to
Q&As
By section 1 of the Landlord and Tenant Act 1987 (LTA 1987), a landlord is not lawfully entitled to make a relevant disposal (which would include any sale of a freehold interest) affecting any premises to which LTA 1987, Pt I unless: • they have previously served the relevant statutory notice under LTA 1987, s 5 on the qualifying tenants in the building, and • the disposal is made in accordance with the requirements of LTA 1987, ss 6–10 (see generally, Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987). LTA 1987 defines those premises to which LTA 1987, Pt I does, and does not apply (LTA 1987, s 1(2)–(4)).
Q&As
A house in multiple occupation (HMO) is defined in section 254 of the Housing Act 2004 (HA 2004) as one which meets certain specified criteria; the most relevant for the purposes of this question is 'the standard test'. This means where living accommodation consists of: • one or more units that are not a self-contained flat or flats, and • the accommodation is occupied by more than one household
Q&As
If there are two tenants, does the landlord have to serve both of them individually with a section 21 notice, or will one notice addressed to both of them suffice? We refer you to Q&A on this topic: Does a section 21 notice under the Housing Act 1988 need to be given to all joint tenants of an assured shorthold tenancy? Do you have to end the tenancy on the last day of a period of the tenancy or otherwise? The commentary on Shorthold possession claims: Claims to the Possession of Land [C3.58] available on Lexis®Library explains: 'Prior to November 2013 most commentators agreed that: (i) if the notice was served during the subsistence of
Q&As
Section 8(2)(c) of the Employment Rights Act 1996 (ERA 1996) gives workers the right to be provided by the employer, at the time of payment of wages or salary, a written itemised pay statement containing particulars of: '...the amounts of any variable, and (subject to section 9) any fixed, deductions from that gross amount and the purposes for which they were made.' The exception in ERA 1996, s 9 is that the employer can satisfy the requirement by the provision of a standing statement of fixed deductions. 1. Could the employee bring a claim under ERA 1996, s 8? The above
Q&As
The fact that rent has been accepted suggests that the landlord has waived his right to treat the lease as forfeit. A section 25 notice is named after the section in the Landlord and Tenant Act 1954 (LTA 1954) that sets out the information (in a notice) that a landlord needs to give the tenant in order to end a business tenancy. A section 25 notice is not needed to end the original
Q&As
TUPE 2006 Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, a claim for a failure relating to the election of employee representatives for the purposes of TUPE 2006, SI 2006/246 information and consultation may be brought by any affected employee of the relevant employer. A claim for a failure relating to employee representatives can be made only: • by the trade union, where the failure relates to obligations owed to trade union representatives • by the elected employee representatives, where the failure relates to obligations owed to elected employee representatives Any other claim for failure to comply with an information or consultation requirement may be brought by any affected employee of the relevant employer. Where the complaint is well founded, the tribunal: • must make a declaration, and • may award compensation to be paid to the affected employees The
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A deposit bond guarantee is a guarantee provided by a local authority to a landlord in respect of the tenant's deposit, in which the local authority guarantees the deposit and any rent due or damage. Such a guarantee is usually given without an obligation to repay unless damage is caused to the property by the tenant. The guarantee usually covers a limited sum and differs between local authorities. There are also providers that local authorities can join, such as FairBonds, which issue a deposit bond guarantee on behalf of the local authority. The benefit of a deposit bond guarantee is that the local authority is able to support a person in the private rental sector so as to comply with their obligations in respect of, for example, homelessness, without the tenant having to find the money
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The precise wording of the Will, including any survivorship provisions and conditions or contingencies, will determine how the property passes on the testator's death and in whom and when it vests. We refer you to the following content which we hope you will find useful in your
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Dealing with land on behalf of an incapacitated trustee As long as no contrary intention is shown in the instrument creating the trust or the instrument creating the lasting power of attorney (LPA) then the attorney can do any act that the trustee could have done in relation to land, capital proceeds from a conveyance of land or income from land as long as the trustee who has