Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 provides that the Energy performance certificate (EPC) regime does not apply to 'temporary buildings with a time use of two years or less'. The regulations do not give any

Assuming the tenant was living alone and was the sole tenant named on the assured shorthold tenancy (AST), then on their death the tenancy does not automatically determine and the landlord cannot recover possession immediately. If the tenant dies with a valid Will, then the executors will step into the shoes of the deceased tenant and be liable for the tenant’s responsibilities under the AST, ie they will be responsible for rental payments, the condition of the property at the end of the tenancy and they are the party or parties on whom any notice is to the served under the AST.

Forfeiture of a lease has the effect of ending all continuing liabilities under the lease, although the parties remain liable for any breaches which occurred prior to the forfeiture. The tenancy and all interests derived from the tenancy end (sub-tenancies and mortgages). The landlord is immediately entitled to possession, subject to the tenant’s right to claim relief. See Practice Note: Forfeiture of a lease. If there is an electricity supply contract in place, that will govern the liabilities of the parties on

Registration gap For registered leases legal assignment takes place only when registered at the HM Land Registry. Until registration occurs the assignment has effect only in equity. See Practice Note: The ‘registration gap’, and Transfers and assignments—overview—Property. Right to settle dilapidations claim On the assumption that the lease will expire after the assignment, the usual position upon assignment of the reversion is as follows: • if the lease is an ‘old’ lease (pre-1 Jan 1996 in the context of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)), under section 141 of the Law of Property

This Q&A raises the effect of the grant of an option and the impact it has upon owners of land under the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 (the Regulations). The Regulations, SI 2012/3118 give effect to Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (the original Directive) and Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (the recast Directive). The 27th recital to the latter Directive states that a common approach to energy performance certificates (EPC) ‘will introduce transparency for prospective owners or users with regard to energy performance in the union property market’. An EPC is issued by an energy assessor, namely a person accredited by the Secretary of State for that purpose (the Regulations, SI 2012/3118, reg 2(1) and regulation 30 of the Building Regulations 2010, SI 2010/2214). It must contain specified

An organisation’s obligations under Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (GDPR) are different depending on whether it is a controller or processor of personal data. It is therefore crucial to determine in respect of any data processing activity whether you are a controller or processor. Is a law firm a controller or a processor? The question of whether a law firm is a data processor or data controller will depend on the circumstances of each individual case. The key will be whether the law firm determines the purposes and means of the processing of personal data. The Information Commissioner’s Office (ICO) has published guidance on controllers and processors under the UK GDPR. It explains that: • if you exercise overall control of the purpose and means of the processing of personal data, ie you decide what data to process and why—you are a controller • if

Proceeds of Crime Act 2002 (POCA 2002) A law firm will commit an offence under POCA 2002, s 329 if it ‘acquires’ criminal property, eg from clients or third parties in relation to a client matter. The firm has to know or suspect the property represents a benefit from criminal conduct—see Practice Note: Proceeds of Crime Act 2002—key information for law firms. However, there is an ‘adequate consideration’ defence where the firm receives monies in payment of its professional fees. This applies whether the monies are received from the client or a third-party on behalf of the client. The adequate consideration defence fails if the value of the work carried out or intended to be carried out is significantly

The requirements for the RNRB to apply The residence nil rate band (RNRB) is an addition to the basic NRB, which further reduces the inheritance tax (IHT) payable on death. It is applied to the taxable value of the estate, but differs from the basic NRB in that it is restricted to: • the value of a residential property interest • the estate on death, and • the inheritance of lineal descendants See Practice Note: IHT—residence nil rate band for further detail. The RNRB is available up to the value of a residential interest passing to qualifying beneficiaries. This is stated in section 8E of the Inheritance Tax

We have assumed that the equipment is subject to a business to business lease/hire of equipment between a lessor/owner and lesseee/hirer, and is not a tripartite finance lease nor a consumer hire agreement. A ‘personal right’ can be defined as a right enforceable only by and against contracting parties that have provided consideration for the other party's promise. A purely personal right does not involve the delivery of an identified asset, but is to be satisfied by the performance of the obligor's personal obligation in some way. Examples of agreements generally considered to be personal contracts include publishing contracts and recording contracts (Tolhurst v Associated Portland Cement Manufacturers). Whether or not a contractual right is personal is an issue of construction of the contract. The leading statement on interpretation

In Commentary: Hallmarks of a lease: Encyclopaedia of Forms and Precedents (22) [3], it is noted that: ‘in order for a lease to exist, an occupier must be granted exclusive possession of a determinate area of land for a fixed or periodic term certain in consideration of a premium or periodical payments. The grant may be express or may be inferred where the owner accepts weekly or other periodic payments from the occupier. If the grant is to confer a legal tenancy it must comply with any necessary formalities.

Section 52 of the Law of Property Act 1925 (LPA 1925) is of relevance to this scenario. Section 52 provides that all conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed. There are a number of exceptions contained within that section which includes a lease for a term of less than three years. Where a document is required to be made by deed, there are a number of additional formalities which must be complied with: • a deed must be in writing • it must be clear from the face of the instrument that it is intended to take effect as a deed • the instrument must be validly executed as a deed • a deed must be delivered This

Legislation and consultations The Construction horizon scanner sets out key upcoming developments relevant to construction lawyers, including in relation to legislation, contracts/standards, dispute resolution, appeal cases and infrastructure and energy projects. Consultations are also included in the tracker under the relevant headings (eg under legislation). For archived entries, see the Construction horizon