The legislative purpose of the statutory declaration mechanism is to ensure that if a tenant has less than 14 days to consider its position, then there should be a process to match the safeguards previously offered by the old procedure where a court order was necessary in order to contract out in line with the well-established and legally tested procedure under Statutory Declarations Act 1835 (SDA 1835). There is no requirement for the completed tenant's declaration to be served on the landlord. The tenant

A sublease granted without consent (where consent was required) is nevertheless valid. See Old Grovebury Manor Farm Ltd v W Seymour Plant Sales and Hire Ltd (No 2)

Lotteries Under the Gambling Act 2005 (GA 2005) most types of lotteries are illegal. A lottery must comply with the relevant provisions of GA 2005 and can only be lawfully operated under a lottery operating licence unless it falls within one of the limited exceptions. The three elements of a simple lottery are: • the requirement to pay to participate • the allocation of prizes, and • the determination of winners wholly on chance Only one of these elements needs to be absent for a promotion to fall outside the control of GA 2005. The ‘requirement to pay to participate’ Making entry into a prize promotion conditional on the purchase of a product (or

Whether a subsequent planning permission is automatically bound by an existing section 106 agreement (section 106 of the Town and Country Planning Act 1990 (TCPA 1990)) will depend entirely on how the drafting of the existing section 106 agreement. Precedent: Precedent s 106 agreement is drafted on the basis that only the implementation of the planning

It is assumed that the supermarket car park is open to the air or, if covered, is open to the air on at least one side. The law Section 87 of the Environmental Protection Act 1990 (EPA 1990) makes it an offence to discard litter in a public place. Subject to having any legal authority to do so, or with the consent of the owner or occupier of the particular place, the offence is committed by any person who ‘throws down, drops, or otherwise deposits any litter’ in any place ‘which is open to the air’ and to which the public has access, with or without payment. EPA 1990, s 87 also applies to

For the purposes of this Q&A we have assumed the contract is a standard business-to-consumer contract. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 requires traders to provide certain information to consumers in relation to on-premises, off-premises and distance contracts concluded between them. SI 2013/3134, reg 9, Sch 1 specify the information that a trader must provide to the consumer before entering into an on-premises contract (ie the main characteristics of the goods or service, trader’s identity and total price) whereas SI 2013/3134, reg 10, 13 and Sch 2 set out the information that must be provided in relation to an off-premises or distance contract (ie delivery arrangements, cancellation rights). Regulations 12 and 16 (which relate to off-premises and distance contracts respectively) require the trader to provide the consumer with a signed copy of the contract or confirmation of the contract

The doctrine of frustration is applied by the courts rarely and narrowly. The High Court took the view in March 2019 that, in similar circumstances presented by Brexit, the doctrine could not be applied.  The leading case was determined in March 2019, Canary Wharf (BP4) T1 Ltd v European Medicines Agency. The facts of that case were that in 2011, the parties had signed an agreement for lease for the then unbuilt premises. They signed a 25-year lease in 2014. In 2017, the UK notified the EU of its intention to withdraw from the EU. The European Medicines Agency was the tenant.  Capacity to hold the tenancy One of the difficulties in Canary Wharf was that if the tenant were to remain in London then it would lose its protections and immunities granted under EU Law. However, it remained capable of holding

Section 39 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives a qualifying tenant of a flat the right to apply for a new lease, the term of which is 90 years longer than the existing lease, and with the ground rent reduced to a peppercorn. This right is an individual right exercisable by that tenant, and thus is distinct from the collective enfranchisement provisions which requires co-operation with other tenants within a building. The tenant must have been a qualifying tenant for a term of at least two years at the time of serving

All leases carry with them an obligation on the landlord not to derogate from its grant, and a covenant by the landlord for quiet enjoyment. See Commentary: A covenant for quiet enjoyment: Hill and Redman’s Law of Landlord and Tenant [2947]. If a landlord restricts or interferes with access to demised premises, this may well be both a derogation

Validity In so far as they are merely personal, contracts and contractual rights and obligations as such are altogether outside the rule against perpetuities (South Eastern Rly Co v Associated Portland Cement Manufacturers (1900) Ltd). It was formerly held that every contract not expressly limited as to duration was prima facie permanent and irrevocable. This placed upon the party asserting that the contract was not perpetual, the burden of showing either some expression in the contract itself, or something in the nature of the contract, from which it could reasonably

This Q&A assumes that the trade union is providing advice and acting in a representative capacity to a trade union member. Summary A trade union is not a body corporate but is capable of making contracts and suing or being sued. It may therefore, in most if not all cases be a trader. The Status of a Trade Union Under Section 10 of the Trade Union and Labour Relations (Consolidation) Act 1982 it is provided under the heading ‘Quasi-Corporate Status of Trade Unions’: ‘(1) a trade union is not a body corporate but – (a) is capable of making contracts; (b) is capable of suing and being sued in its own name, whether in proceedings related to property or founded on contract or

The transfer of an undivided share of a freehold or leasehold estate is a stamp duty land tax (SDLT) transaction. The interest transferred is a ‘chargeable interest’ for SDLT purposes. If the purchaser (the transferee spouse) assumes debt as the consideration for the transaction, the amount of the debt assumed is treated as the chargeable consideration