What is a third party debt order (TPDO)? Third party debt orders (TPDOs) (previously known as garnishee orders) are a means of intercepting a payment due from a third party owed to the judgment debtor, but redirected to be paid by the third party direct to the judgment creditor to satisfy the judgment debt. For further information, see Practice Note: What is a third party debt order (TPDO)? What are the conditions in order to get a TPDO? This method of enforcement is subject to the court's discretion

Your question raises the security of tenure enjoyed by tenants of commercial premises. Although the common law provides for the termination of their leases, statute gives a degree of security of tenure both before and after the final day of the contractual term. When a tenant occupies premises for the purposes of a business, unless the parties contract out of it, the lease has the protection of Part II of the Landlord and Tenant Act 1954 (LTA 1954). LTA 1954, s 24 provides that when the contractual term comes to an end, the lease is continued until brought to an end in accordance with the provisions of the Act. Usually, either the landlord will serve a notice under LTA 1954, s 25 or the tenant will serve one under LTA 1954, s 26. As your question is not concerned with the mechanics

The question does not clarify if this is an overriding lease granted to a former tenant or guarantor under section 19 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) or not. If so, then this can be described as a lease of the reversion. This is to be contrasted with a reversionary lease. This response explains these different types of leases. Sometimes the expression ‘concurrent lease’ is used and this has the same meaning as a ‘lease of the reversion’. Lease of the reversion The reversion is the landlord’s interest (whether leasehold or freehold) in the property which is subject to an existing lease or leases. A lease of the reversion is therefore a lease granted out of that interest and will be granted subject to and with the benefit of the existing lease(s). If the new lease is for a term of more than seven years

When filing a divorce petition via a paper application the marriage certificate must be filed with the petition. If it is not possible to lodge the marriage certificate at the time that the petition is filed and it is urgent that the application (petition) is filed, permission may be obtained from the district judge for the petition to be filed without it on the solicitor's undertaking to lodge it at the very earliest opportunity and within any time limit set by the court. In such a case, the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, provide that the applicant or their solicitor must file a statement with the application explaining why the required document is not available and that the application is urgent (FPR 2010, PD 7A, para 3.2). Particular care should be taken if a party’s solicitors have only had sight of a scanned/copy document and

If the Standard Conditions of Sale (SCS) (5th Edn) are being used, Condition 5.1 reflects the usual market position that the property is at the buyer’s risk from the date of the contract (this is also the open contract position). Where Condition 5.1 applies, damage to or destruction of the property between exchange and completion will not entitle the buyer to refuse to complete, nor to rescind. However, if the property is in the course of construction

There are two main issues to be considered in these circumstances. The first has to do with introducing a post-termination restriction into the employee’s contract on termination of their employment, and the second has to do with the consequences of withholding pay that is owing to an employee. When it comes to introducing a post-termination restriction into an employee’s contract, it can only be validly done if the employee consents to it and if there is good consideration for that consent. It is unlikely that payment of

This question raises the issue of the circumstances in which the Party Wall etc Act 1996 (PWA 1996) applies. For further information, see Practice Note: Quick guide to party walls. PWA 1996, s 1 deals with the situation where one of two neighbours wishes to build on the line of the junction between their properties. Junction is not defined in PWA 1996, but it is clear from context that it means the boundary between the two properties. PWA 1996, s 1 applies where

Risk assessments For information on the rights of pregnant agency workers generally, see the section of Practice Note: Rights under the Agency Workers Regulations 2010 entitled: Pregnant workers, new mothers and partners. Under the Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242, every employer and every self-employed person must assess: • the health and safety risks to which their employees are exposed while they are at work, and • the

Persons deriving title Sections 78 and 79 of the Law of Property Act 1925 (LPA 1925) refer to both ‘successors in title’ and ‘those deriving title under them’, thereby treating them as two different classes of people. These sections provide that, a covenant is deemed to be made: ‘… unless the contrary intention is expressed…by the covenantor on behalf of himself his successors in title and the persons deriving title under him or them, and, subject as aforesaid, shall have effect as if such successors and other persons were expressed.’ And ‘… with the covenantee and his successors in title and the persons deriving

The provisions of section 110 of the Insolvency Act 1986 (IA 1986) are frequently called a section 110 distribution in specie. The liquidator of the transferor company that is in members' voluntary liquidation is allowed under IA 1986, s 110 to accept shares, policies or other like interests in the transferee company in consideration for the transfer of all or part of the transferor company's assets to the transferee company. The shares, policies or other like interests are then distributed in specie by the liquidator to the shareholders of the transferor company. There are similar provisions if the transferee is a limited liability partnership and membership of the limited liability partnership is accepted as consideration for assets of the transferor company. The liquidator of the transferor company will be seeking consideration

Surrender and re-grant The first issue to consider is whether the variation will amount to a surrender and re-grant. For further information in this regard, see Practice Note: Lease variations—surrender and re-grant issues which explains that alterations to the estate are example of this. Therefore, variations which will definitely bring about a surrender and re-grant are: • an increase in the extent of the demise (this applies even if the additional area is being added so as to compensate for a part of the original demise which the tenant is giving back to the landlord), or • an increase in the length

For information on the coronavirus (COVID-19) job retention scheme (CJRS), see Practice Notes: Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived] and Coronavirus Job Retention Scheme (original version to 30 June 2020)—FAQs [Archived]. Information on the CJRS is provided in the form of: • guidance for employers: Claim for your employees’ wages through the Coronavirus Job Retention Scheme • guidance for employees: Check if your employer can use the Coronavirus Job Retention Scheme These two sets of guidance