The Rent Act 1977 (RA 1977) is a consolidation of previous statutes and provides for protected tenancies. A protected tenancy is a contractual tenancy of a dwellinghouse and was the default form of tenancy until the advent of the assured shorthold tenancy from 15 January 1989. Protected tenants have far greater security of tenure and benefit from rent controls. RA 1977 contains a number of exceptions from the default of a protected tenancy. RA 1977, s 13 provides that tenancies where the Crown is the landlord will not be protected tenancies. RA 1977, s 13(1)(a) provides that a tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to Her Majesty

There are two key points to have in mind in relation to this question. First, the exclusive right to copy the work is the most fundamental right of a copyright proprietor. Second, literary, dramatic, musical and artistic works are authorial works whereas sound recordings, films, broadcasts and published editions are entrepreneurial works. The distinction is that the rights in authorial works are broader and are infringed by copying the content of the work, whereas entrepreneurial works are narrower and infringed by copying the signal/medium. This distinction reflects the nature of the work itself and the fact that the works embody different things. The words ‘any material form’ in section 17(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988) are intended to capture the reproduction of a literary, dramatic, musical or artistic work in any medium.

Section 40 of the Trustee Act 1925 (TA 1925) is concerned with facilitating the vesting of trust property in new or continuing trustees. It enables a deed of appointment of a new trustee also to act as a deed transferring the legal estate to that new trustee (and any continuing trustees). If the deed of appointment does not contain an express vesting declaration,

The chargeable gains basis of taxation applies in certain cases where a company holds a creditor loan relationship with an embedded derivative. Where it applies, the general rule that derivative contracts profits and losses are taxed as income is displaced and they are instead brought into account as chargeable gains or allowable losses in accordance with the derivative contract regime’s own specialist chargeable gains provisions in Chapters 7–8 of Part 7 of Corporation Tax Act 2009. One specific case where the chargeable gains basis can apply is (subject to certain exclusions) where: • a company which holds a creditor relationship is required, in accordance with UK GAAP, to bifurcate an embedded derivative

A landlord seeking possession of a residential property which is let on an assured or assured shorthold tenancy may seek possession under section 8 of the Housing Act 1988 (HA 1988), based on one or more if the grounds set out in HA 1988, Sch 2. Where possession is sought on the basis of rent arrears, the most commonly used ground is mandatory ground 8 (serious rent

Section 90(3) of the Copyright, Designs and Patents Act 1988 (CDPA 1988) states that ‘an assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor’. CDPA 1988, s 91(1) states that ‘where by an agreement made in relation to future copyright and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person…’ (our emphasis). CDPA 1988, s 91(2) states that ‘“prospective owner” shall be construed accordingly and includes a person who is prospectively entitled to copyright by virtue of such an agreement as is mentioned in subsection (1)’ (our emphasis). It is the lack of a reference to the

Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice (section 80(2) of the Environmental Protection Act 1990 (EPA 1990)). Abatement notices In principle, a statutory nuisance need occur only once for an abatement notice to be served, provided the local authority is satisfied that it is likely to recur. Subject to an exception in the case of certain statutory noise nuisances (in respect of which, see Practice Note: Noise nuisance offences), the abatement notice must be served on: • the person responsible for the nuisance • the owner of the premises where the nuisance arises from any defect of the structural character of the premises,

Interconnection occurs at a point between the premises of the interconnecting communications providers.

The transfer of an asset other than cash from another pension scheme.

The following Practice Notes are useful when considering the current position regarding product liability in the life sciences sector (although the focus of these documents is not on life sciences they do touch upon the life sciences sector): • General Product Safety Regulations 2005—Offences, in the section Meaning of 'product', makes reference to medicine • Product

Timeliness in repairs A landlord’s obligation to keep the demised premises in repair does not entail a positive duty to take remedial action before the landlord becomes aware of a defect. As discussed in the case of O’Brien v Robinson, this is true of both latent and patent defects, and in the case of the latter, the landlord is not positively obliged to exercise a right to inspect the premises and is only obliged to take action once they have actual notice or have been put on inquiry. The duty of care under section 4 of the Defective Premises Act 1972 (DPA 1972) may, however, permit an argument that a landlord has failed to inspect the property for an unreasonably long period. The position is different where the defect arises in property retained by the landlord, for which a repairing obligation is instead generally to be understood as a warranty that is instantly

A landlord will usually be under an obligation to keep parts of residential premises in repair during the course of the tenancy. It will arise in one of three ways. First, in the case of a lease for less than seven years, there will be an obligation to keep the structure and exterior of the dwelling house (including drains, gutters and external pipes) in repair. See section 11 of the Landlord and Tenant Act 1985 (LTA 1985). Second, there will often be an express clause to keep parts of the premises in repair. It will then be a question of construing the covenant to determine to which parts of the premises that obligation extends. Third, an obligation to repair might be implied, although given the first two possibilities, it is unlikely to be