Septic tanks and small sewage treatment plants are wastewater systems for domestic sewage that are used when properties are not connected to the mains sewage network, but via a private drainage system. (See Defra consultation reform of regulatory system to control SSDs). When buying or selling property, in addition to the usual Commercial Property Standard Enquiries and water and environmental searches, specific queries in relation to the septic tank and private drainage system should include: • is the property served by a septic tank or sewage package treatment plant? • does it comply with the ‘general

A put option is a contract giving a party the right if they elect to do so to sell an asset at a fixed price (the strike price) to a specified buyer by a given date, normally by the giving of notice to exercise the option within a set period of time. Such contracts can be used, for example, where development land has been identified but the prospective purchaser does not want to commit until they have obtained planning permission. An option for the purchaser to have the right to purchase would be a call option; a put option

For information on a woman’s right to return to work after maternity leave under sections 71 and 73 of the Employment Rights Act 1996 (ERA 1996) and the Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312, see Practice Note: The right to return to work after maternity leave. The general principles are that: • a woman who takes ordinary maternity leave (OML) is entitled to return to the same job at the end of that leave unless that job is no longer available • a woman who also takes a period of additional maternity leave (AML) is entitled to return to the same job, or, if it is not reasonably practicable for the employer to permit

When is a houses in multiple occupation (HMO) licence needed? As stated in Reynolds v Brent London Borough Council: ‘HMOs are, or are usually, domestic premises originally designed for occupation by one family, which have been converted for occupation by a number of separate families or individuals…[the] government and Parliament have seen the need to make special provision in respect of HMOs because of the regrettable fact that it is often persons and families most in need of social protection, including families with young children, who find themselves obliged to occupy housing that, in the main, is likely to be much less adequate than purpose-built flats or houses.’ See Practice Note: Houses in multiple occupation (HMOs). The licensing of houses in multiple occupation

Overriding interests are interests to which a registered title is subject, even though they do not appear on the register. They are binding both on the registered proprietor and on a person who acquires an interest in the property. However, in relation to a disposition, the occupier’s interest is not overriding if he was questioned prior to the disposition taking place and failed to disclose his interest when he should reasonably have done so. To document such a discussion, all adult occupiers should sign the sale contract or a separate acknowledgment form which will include a clause stating that they have no interest in the property which may be overriding. Responsibility therefore, falls on the seller to disclose any overriding interests. This duty of disclosure applies equally to registered and unregistered land. In the case of registered land, the duty is usually satisfied by supplying the buyer with copies of the register

The claim itself is made by giving a claim notice to the landlord, any other party to the lease (not including the tenant) and any manager appointed under the Landlord and Tenant Act 1987. In terms of the counter-notice, the language of the legislation is such that a person who has been given a claim notice by a right to manage (RTM) company may give a counter-notice (section 84

What is the meaning of ‘preferred supplier’? The term ‘preferred supplier’ is often used in business, however it has no definitive or clear meaning in English law. Differing views of the meaning of the term are possible. For example the phrase might be intended to mean that the supplier would fall into one or more of the following (often mutually conflicting) categories or have some other meaning: • it may not be offered any work but is on an ‘approved’ list and so does not have to repeat certain retendering exercises • if offered work, it will be offered terms of trade that are no less favourable than those offered to any other supplier • it will always be offered certain work unless a competing supplier offers better terms • it will be offered a minimum volume of work See, for example, ProForce Recruit Ltd v The Rugby Group Ltd,

In answering this Q&A we have assumed that it is the company and not the landlord/director—that is in an insolvency process. The rules relating to liquidation set-off and administration set-off are contained in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 whereas the rules of bankruptcy set-off are found in the Insolvency Act 1986 (IA 1986). Insolvency set-off is self-executing, automatic and mandatory. Therefore, it cannot be contracted out by the parties involved or its operation waived. Insolvency set-off further takes precedence over any other form of set-off exercised before the liquidation, administration or bankruptcy and an office-holder is bound to apply the rules of set-off as part of the exercise of their discretion. In terms of liquidation, the relevant set-off date for the taking of the account is the date when the company

Section 25 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any agreement relating to a tenancy is void where it would exclude, modify or otherwise frustrate the operation of LT(C)A 1995, s 25(1)(a) or provides for the termination or surrender of the tenancy or the imposition of any penalty disability or liability on the tenant in the event of the operation or any provision of LT(C)A 1995, s 25(1)(b). Subsection 2 provides that a covenant against assignment or parting with possession is not void by reason only of the fact that it restricts that assignment or parting with possession, but LT(C)A 1995, s 25(1)(b) still

This question looks at what is required in practice for a charity to be able to claim charities relief from stamp duty land tax (SDLT). A land transaction is exempt from SDLT if the purchaser is a charity and the purchaser holds the property for qualifying charitable purposes and the transaction is not entered into for the avoidance of SDLT. For further information,

There is no statutory definition of ‘indirect disclosure’ and there does not appear to be any case law on the matter. This indicates that what constitutes ‘indirect disclosure’ is not a matter which comes up often in practice. However, that may be due to the fact confidentiality agreements typically include reference to direct and indirect disclosures so as to capture a broad spectrum of potential breaches, putting the matter beyond dispute. The natural language meaning of ‘indirect’ is something that is not direct and is potentially not intended as a course of action. but which nevertheless can have an impact. The most likely form of disclosure will be that which is deliberate, which would be caught by a restriction against ‘direct’ disclosure of confidential

This Q&A deals with two issues in the context of contracting authority where a contract has been entered into by a trustee or trustees of a charitable trust, committee of management of a charitable unincorporated association, or other agent(s) beyond the scope of their actual authority (ie the express or implied authority conferred in the charity’s governing document). The two questions addressed are: • can a third party enforce a contract against the members of a charitable unincorporated association, or the trustees of a charitable trust, if the members or trustees have held out