Refine By
Clear all filter
About 92027 results for "*"
In relation to the trust registration service, where a married couple are legal owners of a property, but one of them is the sole beneficial owner, is there still a requirement to register the trust?
Q&As
If a married couple (or any other joint owners) hold property as tenants in common, they hold that property on a trust of land which must be registered with the trust registration service (TRS). However, if they are both the only trustees and the only beneficiaries of the trust, the exclusion from the requirement to register on the TRS is covered by the co-ownership trusts exclusion contained in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, Sch 3A, para 9. In order for that exclusion to apply, the trustees and the beneficiaries must be the same persons. For further guidance, see section Co-ownership
In relation to the ‘right to manage’ under the Commonhold and Leasehold Reform Act 2002, would a block of flats let to students be considered residential?
Q&As
Under sections 71–113 of the Commonhold and Leasehold Reform Act 2002, long leaseholders of dwellings in mainly residential buildings (subject to certain exceptions) have the right to take over the management of the building. In order to benefit from the right to manage, there needs to be a ‘qualifying premises’ and ‘qualifying tenant’. It will need to be determined if these criteria apply to a residential
In relation to transferring an account from one bank to a new bank, are there any specific obligations on timing or efficiency that a bank has to its customers?
Q&As
When dealing with customers, banks are under an obligation to comply with the Financial Conduct Authority’s (FCA) Principles for Businesses (PRIN). Principle 6 states that a firm must pay due regard to the interests
In relation to validly excluding security of tenure in the context of a lease transaction and who can swear the statutory declaration, is there an issue where there are several landlords who own the property as individuals, and the tenant is a corporate entity, but one of the members of the corporate entity is also one of the landlords. Is there any issue with that person, with a dual role swearing the statutory declaration, where they are acting in their capacity as a member of the corporate entity and are duly authorised to swear the statutory declaration?
Q&As
The tenant’s declaration (whether in the form of a simple declaration or a statutory declaration) can be made or sworn by a person duly authorised by the tenant
In relation to witness evidence under the Civil Procedure Rules, what are the time limits for filing a witness statement with the court? Are there different requirements for a bankruptcy matter?
Q&As
For a civil claim, the relevant time limit for filing witness evidence will depend upon which ‘track’ a claim is allocated to. For further details regarding the different ‘tracks’, see Practice Note: Case management—allocation—the different case management tracks. If a claim is allocated to the small claims track, in accordance with CPR 27.4(1), the court will give directions and fix a date for a final hearing. A direction may include a requirement to file witness statements by a particular date. If the court does not provide a particular direction relating to the exchange of witness evidence the parties wish to rely upon witness evidence at the small claims hearing, in accordance with CPR 27.4(3)(a)(i), the court should give a standard direction that each party, at least 14 days before the final hearing date, file copies of all documents they intend to rely upon at
In relation to witness summons in a civil case, a party has to offer or pay the witness travel expenses and compensation for loss of time. CPR 34.7 states ‘or’ in the sense that the witness need not be paid if they decline. If a party serves the witness summons itself, and the letter states ‘we will offer to pay you £X, do you accept this offer?’, will the witness summons still be valid if the witness says that they do not want the money? How can the loss of time element of the payment be worked out?
Q&As
CPR 34.7 sets out that: ‘At the time of service of a witness summons the witness must be offered or paid— (a) a sum reasonably sufficient to cover his expenses in travelling to and from the court; and (b) such sum by way of compensation for loss of time as may be specified in Practice Direction 34A.’ It is therefore correct to say that the rule mandates that a witness must be offered or paid a sum to compensate them
In relation to your licence from a school to use a football pitch, would I need to have a similar licence if we would rent a few rooms at the school's premises for office use?
Q&As
In answering this Q&A, we do not comment on whether the school is able to allow a third party to occupy any space within the school and this will depend on the structure and status of the school, who owns the school land and on what basis. This would need to be checked. The Introduction: Encyclopaedia of Forms and Precedents [1] contains guidance on schools in general, depending on your specific circumstances (eg whether the school in question is privately or state funded, or an academy, and the rules and regulations of the relevant governing body) and this may be helpful on this issue. For example, this volume deals with the disposal of school land and of school playing fields in relation to state schools. Disposals of state school land by the governing bodies and trustees of foundation, voluntary or foundation special schools are regulated
In rem
GLOSSARY
Rights attaching to property (rather than personal rights).
In repossession proceedings, can a mortagee obtain costs where there is no reference to costs in the possession order?
Q&As
A mortgagee's right to costs arises out of the particular relationship between him and the mortgagor. Therefore, even in the absence of a stipulation regulating the recovery of costs in the security document, a mortgagee is entitled to reimburse himself out of the mortgaged property for all costs, charges and expenses reasonably and properly incurred
In rerum natura
GLOSSARY
'In the nature of things; in existence.'
In respect of a collective enfranchisement notice: if the notice accurately describes the property, but refers to a plan that is not annexed to the notice, is the claim invalidated or will it be saved by the description of the property? And the notice does not refer to appurtenant property, areas that the tenant is entitled to use in common with others (eg communal hallways, a shared front garden, etc) or the loft space (which is not included within the lease demises). Can these areas be excluded from the freehold sale?
Q&As
The initial section 13 collective enfranchisement notice (section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993)) triggers the statutory procedures for acquiring the freehold and from the date it is served on the landlord the participating tenants are jointly and individually liable for the landlord's costs. An incomplete notice can be rejected as invalid. It should be noted that an invalid notice can be replaced with a corrected notice, though that necessarily involves additional time and expense; see Sinclair Gardens Investments v Poets Chase. Enfranchisement
In respect of a corporate gift from a wholly owned subsidiary to its parent charity is it necessary to record it by formal documentation and are there any other requirements that should be considered?
Q&As
The key legislation setting out charitable donations relief for companies is enshrined within Part 6 of the Corporation Tax Act 2010 (CTA 2010). There are five main forms of giving to charity as a company, namely: • donating money • donating equipment and trading stock • donating land, property and shares • seconding employees • sponsoring a charity Three conditions, A, B and C must be met for a donation to be a Tainted Charity Donations, set out in Schedule 3 of the Finance Act 2011 (FA 2011). If they are 'all' satisfied, any tax relief is lost that