Issues relating to the nature of fixtures can be relevant in a number of ways, particularly after a lease has ended. A tenant’s fixture is a chattel which is annexed to the land by the tenant for the purpose of his trade or for mere ornament and convenience, and is physically capable of being removed without causing substantial damage to the land and without losing its essential utility as a result of the removal (see Webb v Frank Bevis). In essence therefore they are fixtures added by the tenant that do not become part of the structure of the land or building. See Practice Note: Fixtures and fittings for more information. The question of whether something is a tenant’s fixture may be relevant where a lease has come to an end and a

Section 82(2) of the Consumer Credit Act 1974 (CCA 1974) says where an agreement (which the CCA 1974 calls a ‘modifying agreement’) varies or supplements an earlier agreement, the modifying agreement (for the purposes of the CCA 1974) is treated as (a) revoking the earlier agreement and (b) containing provisions reproducing the combined effect of the two agreements, and obligations outstanding under the earlier agreement are treated as outstanding instead under to the modifying agreement. It is therefore well-accepted that there can only be a modifying agreement, or a new regulated credit agreement, where there is an ‘agreement’ (ie a contract). For there to be a contract, there must be (a) an offer, (b) acceptance of that offer, (c) consideration and (d) an intention to create a legal relationship. To avoid needing to enter into a modifying agreement, or a new regulated credit agreement, firms normally try to offer

Section 15(1) of the Limitation Act 1980 (LA 1980) provides that no claim shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued to them or, if it first accrued to some person through whom they claim, to that person. By LA 1980, s 38(7), a right of action to recover land includes a right to enter into possession of land. Accordingly, the right of a mortgagee to enter upon the mortgaged land or to bring a claim for possession will be barred 12 years after the right of action accrued to them or, if it first accrued to some person through whom they claim, to that person (see Wright

An application may be made under the Family Law Act 1996 (FLA 1996) for a non-molestation order which is an order prohibiting a person (the respondent) from molesting another person who is associated with the respondent or a relevant child. An order can only be granted to protect a person associated with the respondent or a relevant child. FLA 1996, s 62(3) sets out the group

For planning conditions to be imposed lawfully, they must meet the tests set out in the case of Newbury District Council v Secretary of State for the Environment. These tests have also been incorporated into national planning policy in England in paragraph 56 of the National Planning Policy Framework. Further information about the tests can be found in Practice Note: Planning conditions—the tests for validity. Guidance on how the tests should be interpreted in England is set out in Planning Practice Guide (PPG). Paragraph: 010 Reference ID: 21a-010-20190723 of the PPG confirms: ‘A positively worded condition which requires the applicant to enter into a planning obligation under section 106 of the

Environment analysis: Should the UK government legislate to ensure environmental protections are not eroded throughout the Brexit negotiations? Frances Lawson, barrister at Six Pump Court, examines the first of a series of reports carried out by the Environment Audit Committee on the future of the natural environment after Brexit.

Withdrawing a section 25 notice We refer you to Practice Note: LTA 1954 business lease renewal—termination and, in particular, the section entitled ‘Section 25—withdrawing or amending’ which state that, as established through case law, notices issued under section 25 of the Landlord and Tenant Act 1954 (LTA 1954) cannot be withdrawn, or in the case of an opposed notice, amended in order to introduce a different ground or grounds of opposition. It has also been established that an opposed s 25 notice cannot be unilaterally withdrawn if a landlord changes its mind as to whether or not to oppose the grant of a new lease. However, it may be the case that (depending on the stage of the lease renewal procedure reached and the tenant’s intentions) a tenant would be willing to agree to the landlord withdrawing the opposed notice and instead progressing unopposed lease renewal proceedings. This route be one to explore if a landlord (or new landlord) changes its mind or has different intentions

A restriction is a form of entry which places limitations on the land owner’s powers over the land. Restrictions are primarily used to protect the interests of beneficiaries under a trust of land by requiring two trustee/proprietors or a trust corporation to be party to a disposition, in order to protect those who have security against the asset. In circumstances in which there is a mortgage, it is therefore highly likely that there will appear a restriction in terms of the disposition of the land in order to protect the rights of the mortgagor. This could be an absolute restriction, or simply prevent a sale or disposal without certain conditions being satisfied. Careful consideration should therefore be paid to the nature of the restriction in question. In terms of the priority of any such interests, the general rule is that each interest will be ranked in accordance

Certain family members can succeed to a protected tenancy under the Rent Act 1977 so long as they were residing with the tenant in the dwelling-house at the time of death and for the preceding two years. In respect of

Under Regulation 15(1)(b) of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 (EEA Regs 2016), a non-EEA national family member acquires the right to reside in the UK permanently where they have resided in the UK with the EEA national in accordance with the EEA Regs 2016, SI 2016/1052 for a continuous period of five years. This right is acquired by the non-EEA national whether or not they then apply for a permanent residence card, the issue of a permanent residence card is confirmation of the current rights of the applicant rather than a grant of permanent residence itself. EEA Regs 2016, SI 2016/1052, reg 19(2) confirms that a permanent residence card must be issued to a person who is not an EEA national upon production of a valid passport and proof that they have a right of permanent

The issue of what sort of contract or statement an employee is entitled to depends not on where the employer is based but on where the employee works. All employees who are working in Great Britain are entitled to a written statement of particulars of employment, with the exception of an employee whose employment continues for less than one month, and a person employed as a seaman. For further information, particularly in relation to what the written statement of particulars must include, see: • Practice Note: Written statements of employment particulars—to 5 April 2020

In order to be eligible for statutory sick pay (SSP) an individual must: • be an employee as defined and not fall within one of the excluded categories • be too ill to undertake any work under their contract of employment on any day for which they claim SSP, or deemed to be so • have at least four consecutive days' sick absence (including Sundays and Bank holidays) during which they are too ill to work; this is referred to as a 'period of incapacity for work' • notify their absence to their employer, subject to certain statutory requirements and any agreement between employer and employee • supply evidence of their incapacity, typically a self-certificate for absences up to seven days and a doctor's certificate ('fit note') for longer periods (Part 2 of Schedule 1 to the SSP (Medical Evidence) Regs 1985 contains the required form of doctor's statement) For further information, see Practice Note: Sick pay, in particular the main section dealing with SSP—eligibility. When it comes to non-executive directors,