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Q&As
What is the role of the ‘Metro Mayor’ in a combined authority You may find it useful to refer to the News Analysis: Making way for the metro mayors—what can we expect? in which Dilpreet K. Dhanoa, barrister at 4–5 Gray’s Inn Square, explains the role as follows: ‘The role of the metro mayor is, in effect, the chair of a combined authority (that is, several local authorities combined) that has agreed to a devolution deal. The new directly elected metro mayors will have powers and responsibilities affecting the entire region over which they have been elected, in contrast to existing city mayors or local council leaders who only take decisions for and on behalf of their local authority. Part of the role will be in an executive capacity with strategic oversight into developing
Q&As
The question does not indicate whether this is a needs or a sharing case. From the way in which question is framed, it is assumed that this may be a sharing case. The sharing principle has no application in relation to the assessment of maintenance (per McFarlane v McFarlane; Parlour v Parlour and B v S (Financial Remedy:
Q&As
In a members voluntary liquidation (MVL), the company in a general meeting appoints a liquidator for the purpose of winding up the company’s affairs and distributing its assets. See Practice Note: What is a members’ voluntary liquidation and when is it typically used?. This means that the shareholders voted by way of ordinary resolution for the liquidator to wind up the company by collecting in assets and distributing the same. A liquidator generally has an overriding duty to ensure that the company’s assets are realised and distributed to the creditors and, if there is any surplus, to distribute it to the contributories. A liquidator must fulfil this function following the duties imposed and powers granted to them under
Q&As
Section 20 of the Landlord and Tenant Act 1985 (LTA 1985) contains mandatory consultation procedures which the landlord of a building must undertake when carrying out qualifying works or entering into a long-term agreement for the provision of services in respect of tenants paying variable service charges. LTA 1985 is supplemented by the provisions of the Service Charges (Consultation Requirements) (England) Regulations 2003, SI 2003/1987. In short, consultation must be provided in respect of any works which will cost an individual leaseholder more than £250 or contracts for services lasting more than 12 months where the cost to an individual leaseholder is more than £100 per accounting period. A failure to
Q&As
We assume this Q&A is referring to registering the Energy Performance Certificate (EPC) on the central domestic and/or non-domestic EPC registers. Requirement for an EPC In the case of the sale of a building, the seller is required to make available free of charge a 'valid EPC' to any prospective buyer in accordance with regulation 6 of the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regulations), SI 2012/3118 (SI 2012/3118, reg 6). For further information, see Practice Note: Energy performance certificates (EPCs)—what are they and when are they required? According to DCLG’s guidance on EPCs, page 25, an EPC is only valid once it has been lodged on the register. Enforcement of the EPC regime is by the local weights and measures authorities (through trading standards officers). Breach of the duty
Q&As
The structure of the: • leasehold interests • service charge accounts • management obligations and composition of management companies will largely depend on: • the developer’s intentions, whether capital or income receipts, or both • the physical layout of the property • the nature and extent of the services provided to the residential and commercial elements, and the extent of joint or shared services In principle, it will often be more desirable to have a separate management company for the residential element and services, limited to residential leaseholders, as the law relating to service charge for commercial and residential
Q&As
The Q&A raises in particular, the types of premises where the right will arise. It does not apply if more than 50% of internal floor area of the premises disregarding any common part ‘is or are occupied or intended to be occupied otherwise than for residential purposes’. One would need to look both at the lease and the cellars themselves. The lease would determine whether they are common parts. This would require the interpretation of any clauses referring to them and the extent to which leaseholders were able to use them. As the Supreme Court put it in Wood v Capita Insurance Services Ltd, ‘the court's task is to ascertain the objective meaning of the language which the parties have chosen to
Q&As
In general, the immediate landlord of the residential tenant will be responsible for compliance in respect of the laws relating to residential assured shorthold tenancies such as protecting the tenant’s deposit (the failure to comply prevents the service of a section 21 notice by the immediate landlord and can lead to an order that the immediate landlord pay up to 3 times the deposit) and the regulations pursuant to sections 21A–21C of the Housing Act 1988 (HA 1988), (the failure to comply prevents
Q&As
Do the survey costs count as qualifying works for consultation purposes? Pursuant to the Landlord and Tenant Act 1985 (LTA 1985), a landlord must consult with its tenants before: • carrying out major works to its building (where each tenant's contribution will exceed £250), or • entering into a long-term agreement to provide services (eg property management) where the cost to each tenant will exceed £100 (LTA 1985, s 20) For further general information, see Practice Note: Consultation for residential service charges. See also commentary: Consultation requirements: qualifying works: Hill and Redman's Law of Landlord and Tenant [3887]. There does not appear to be commentary or cases dealing with the specific point as to whether the costs of a survey fall under the definition of the
Q&As
The general rule is that a secure tenancy which is either a periodic tenancy or a tenancy for a fixed term granted after 5 November 1982 is not capable of being assigned except in certain specified cases (section 91(1) of the Housing Act 1985 (HA 1985)). Certain specific types of assignment are permitted by HA 1985, s 91(3). The first of these is an assignment by way of exchange. It is a term of every secure tenancy that the tenant may, with the written consent of their landlord, assign the tenancy to another secure tenant who has the written consent of their landlord to an assignment of their tenancy, either to the assignor or to another secure tenant who has their landlord’s consent to the assignment. See HA 1985, s 92(1) as amended by section 163(1) and (2) of the Local Government
Q&As
Background A lease or tenancy agreement usually contains express covenants or agreements by the parties. If one party is in breach of his covenant or agreement the other may bring an action claiming damages for the breach. The measure of damages in the case of an action by the tenant is the difference between the value of the demised premises with the covenant performed and their value consequent upon the breach. A tenant may also be entitled to claim for any damage to his chattels or injury to himself caused by want of repair; the cost of redecorations; storing furniture; and alternative accommodation. Subject to any reasonable contractual provision to the contrary, damages may also be claimed for inconvenience and
Q&As
This Q&A considers the hypothetical scenario in which the UK leaves the EU and EEA, without any deal regarding a transition period, from the perspective of generally applicable EU law and UK laws that are currently anticipated to apply in that situation. For further background on Brexit and data protection, see Practice Note: Brexit—implications for data protection [Archived]. For the purposes of this Q&A, we assume that whenever data protection laws impose restrictions on international transfers of personal data, the only available mechanism to