Many rent deposit deeds will contain provisions dealing with a change of landlord. Such provisions will typically allow the landlord to assign the benefit of the deed to the buyer on a sale of the landlord’s reversionary interest, subject to the buyer covenanting with the tenant (with effect from the date of the assignment of the reversion) to: • hold the deposit in accordance with the terms of the deed, and • perform and observe the landlord’s obligations in the deed as if the buyer had been named as the landlord in the deed Such provisions should also apply on the grant of an overriding lease, which has the same effect as an assignment

Parental responsibility is defined in section 3 of the Children Act 1989 (ChA 1989) as meaning all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property. The birth mother will have parental responsibility for the child when they are born, and the father will too if married to, or in a civil partnership with, the mother (ChA 1989, s 2). A father may also acquire parental responsibility if named on the birth certificate, or if he and the mother make a parental responsibility agreement, or if the court makes an order providing for him to have parental responsibility (ChA 1989, s 4). Other ways to acquire parental responsibility are set out in ChA 1989, ss 4ZA and 4A. In addition a person may acquire parental

Section 40(1) of the Land Registration Act 2002 (LRA 2002) provides for entries in the register preventing or regulating the making of an entry in the register in respect of any disposition or a disposition of a specified kind (a restriction). The purpose of a restriction is to give notice to third parties dealing with the registered proprietor that the latter’s general power to make a disposition of virtually any kind (LRA 2002, s 23(1)) is limited by the terms of that restriction

The requirement of a witness will depend upon whether the attorney is an individual or corporate attorney. In the case of an individual attorney executing a deed, it will be validly executed where either: • it is signed by the attorney in the presence of a witness who attests to the signature, or • it is signed by an

Deeds are a form of written agreement that may be used in a number of different situations such as: • where no consideration can be provided • instruments affecting certain dispositions of registered land • transfers of shares in companies • guarantees (though not necessarily) • conveyances, including mortgages, charges, vesting declarations and vesting instruments of land or any interest in land, and • bills of sale They are distinct from simple contracts (which may be made orally or in writing) and require four formalities to be complied with to be a valid deed comprising both statutory and common law principles: • in writing: the document must be in writing and cannot be made verbally • face value: it must be clear from the face of the document that it is a deed • execution: it must be executed correctly according to various statutory requirements • delivery: the deed must be delivered A

A default costs certificate is a means by which a party to legal action which has been awarded costs (the creditor) may have some or all of those costs quantified or paid before the legal procedure of a detailed assessment has been carried out and completed that would establish the amount of the costs to be paid. This response considers the situation that would arise if the debtor—the person due to make the payment to the creditor—was bankrupt and the impact, if any, that the discharge from bankruptcy may have on the default of costs certificate or the person who would be liable for the debt quantified in the default costs certificate. The relevant date for establishing the liabilities or debts owed by a person who is bankrupt is the date of the bankruptcy order, under

To better understand how to make valid Part 36 offers, that will be compliant with CPR 36, see Practice Note: Part 36 offers—how to make a valid Part 36 offer. Note that the rules for making valid Part 36 offers are (with one exception) the same irrespective of the party making the offer. The required form and content is set out in CPR 36.5. There is, however, a specific additional requirement for defendant offerors. If the defendant's offer is to pay money in settlement of a claim, that offer must be to pay a single sum (CPR 36.6(1)). For further information, see: Part 36 offers—how to make a valid Part 36 offer—What a Part 36 offer must include. Part 36 offers are typically made in monetary claims, and therefore, often include exclusively monetary terms. However, the application of Part 36 offers to non-monetary claims (or non-money elements of a claim) is evident from the wording of CPR 36.17(2),

The Part 36 regime is a self-contained code meaning that it has its own rules which are procedural in nature and not all of which follow normal contractual principles. Formal requirements CPR Part 36.5 contains provisions on the form and content of a Part 36 offer. A Part 36 offer must: • be in writing • make clear it is made pursuant to Part 36 • specify a period for acceptance of not less than 21 days within which the defendant will be liable to meet the claimant’s costs if the offer is accepted • state whether it relates to the whole of the claim or to part of it or to an issue which arises in it and, if so, which part or issue • state whether it takes into account any counterclaim In appropriate cases, the offer must provide such further information as is required by CPR 36.18 (personal injury claims for future pecuniary loss), CPR 36.19 (offer to settle a claim for provisional

A ‘genuine’ agency relationship will fall outside the scope of Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) and the Chapter 1 prohibition of the UK Competition Act 1998. Each jurisdiction now benefits from its own block exemption for vertical agreements: • UK—The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (UK VABEO) • EU—Commission Regulation (EU) No 2022/720, the Vertical Block Exemption Regulation (EU VBER) A genuine agent for the purposes of UK and EU competition law occurs where: • the property does not vest in the agent/the agent does not supply the contract services itself, and • the agent does not bear any (or bears only insignificant) commercial or financial risk A genuine agent working for the benefit of a principal ‘may…be treated as an auxiliary organ forming an integral part of the latter’s undertaking, who must carry out his principal’s instructions and

There is nothing in section 166 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) that prevents a landlord from using a single demand to include several periods of ground rent. However, note CLRA 2002, s 166(3) as to the date for payment being not less than 30 days or more than 60 days after the day on which the notice is given or before that date on which the tenant would have been

Under section 18(1)(i) of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection may authorise the execution of a Will for P, which, under MCA 2005, Sch 2, para 4(3), may make any provision which could have been made by P if they had capacity to make a valid Will and the Will had been executed in the manner required by the Wills Act 1837. For further information, see Practice Note: Statutory Wills—Court of Protection applications and Commentary: Statutory Wills: Court of Protection Practice [1.833]–[1.835]. MCA 2005, Sch 2, para 4(4)–(5) provides as follows: ‘(4) But sub-paragraph (3) does not have effect in relation to the will─ (a) in

A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of Protection’s powers over P’s property and affairs include the control and management of P’s property under section 18(1)(a) of the Mental Capacity Act 2005 (MCA 2005) as well as the conduct of legal proceedings under MCA 2005, s 18(1)(k). If P lacks the necessary