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Where there is a mistake in a notice served to exercise a break clause in a lease, the validity of the notice will depend on whether the reasonable recipient would be misled by the error: Mannai v Eagle Star. In Mannai, the tenant served a break notice that incorrectly recorded the contractual expiry date of the notice as 12 January 1995,
Q&As
The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, SI 2011/1566 provided that on 1 October 2011, most private sewers and lateral drains which, immediately before 1 July 2011, ‘communicated with’ a public sewer were automatically transferred to the sewerage undertaker, unless there was a successful appeal. This effectively made all previously private sewers public. Under the Building Regulations 2010, SI 2010/2214, Sch 1, para H4, the consent
Q&As
The requirements as to court bundles in family proceedings are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, in FPR 2010, PD 27A. FPR 2010, PD 27A, para 2.2 provides that a hearing for the purpose of FPR 2010, PD 27A ‘includes all appearances before the court, whether with or without notice to other parties, whether at first instance or…on appeal and whether for directions or for substantive relief’, as amended with effect from 23 July 2018. FPR 2010, PD 27A does not apply to the hearing of any urgent application, if and to the extent that it is impossible to comply with
FLOWCHARTS
This flowchart outlines the eligibility requirements for energy cost subsidy under the British Industrial Competitiveness Scheme (BICS), including registration, electricity usage thresholds,
Q&As
In Lovely and Orchard Services v Daejan Investments (Grove Hall) Ltd, the tenant issued a lease renewal application in which it made proposals for the terms of the new tenancy. It subsequently decided that the rent it had proposed was too high,
Q&As
An indemnity is a covenant by the seller to reimburse the buyer for losses arising from a specified event. In contrast to a warranty claim, the buyer does not have to prove breach (rather it simply has to show that the specified event has occurred), the principle of remoteness of damages does not apply and the buyer is not under a duty to mitigate its loss. The buyer is not required to mitigate their loss under an indemnity where the amount claimed under the indemnity constitutes a debt as opposed to damages for breach of contract, see Jervis v Harris. For further information, see Practice Notes: A guide to share
Q&As
A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that: • a floating charge has not crystallised in respect of particular property • no steps have been taken to crystallise a floating charge so that it fixes on a particular property, and • the chargee consents to either the sale of a property or the creation of a second floating charge over a property This ensures the seller is free to deal with the property (subject of course to any fixed charges and other title restrictions). A certificate of non-crystallisation may be provided by either the chargee or the chargor. However, it is
Q&As
Summary Insofar as the reference to residential property 'owned by a director' indicates that the borrower is an incorporated entity, the short answer to this question is ‘no’. What is a regulated mortgage? A regulated mortgage (or ‘regulated mortgage contract’) is a category of secured lending specifically defined by Article 61 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO). Article 61 was amended from 21 March 2016 and now defines a regulated mortgage contract by reference to four characteristics: • a contract under which a person provides credit to an individual or to trustees (the borrower) • the contract provides for the obligation of the borrower to repay to be secured by a mortgage on land in the EEA • at least 40% of the land is to be used: ◦ in the case of credit provided to an individual, as or in connection with a dwelling ◦ in
Q&As
The fact that an individual is regarded as ‘self-employed’ for tax purposes does not necessarily mean that they will not be regarded as a worker for national minimum wage purposes. It is therefore worth considering whether the individual in question qualifies for the national minimum wage. An individual qualifies for the national minimum wage if he is: • a worker • who works, or ordinarily works, in the UK under his contract, and • has ceased to be of compulsory school age For national minimum wage purposes, a worker is an individual who has entered into or works under (or, where the employment has ceased, worked under): • a contract of employment (limb a), or • any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose
Q&As
Whether the trustees of the charity can rent out land owned by the charity and receive rent will depend on the charity’s governing instrument. Note that in many cases, the charity’s governing instrument will give the trustees express powers required for the management of property which may include renting the property. Where the charity’s
Q&As
Section 117(1) of the Charities Act 2011 (CA 2011) requires (subject to the remaining terms of CA 2011, ss 117, 119–121 and 127) that there must be no disposal of charity land without an order of the court or an order of the Charity Commission. CA 2011, s 119(1) (one of the exceptions to the general rule above) requires that before charity trustees enter into ‘an agreement for the sale, or (as the case may be) for a lease or other disposition, of the land’, they must obtain a written report from a designated person and decide that, in the light of the report, the terms of the proposed disposition are the best that can reasonably be obtained for the charity. The question is therefore whether the issue of a notice pursuant to section 27 of the Landlord and Tenant Act