It is necessary for a debenture to take the form of a deed in order to ensure that the lender has an legal or equitable mortgage, see the commentary (attached) from Fisher and Lightwood on Mortgages and other securities generally and Mortgages of freehold land, and can use the statutory power of sale under the Law of Property Act 1925. The commentary from Lingard's Bank Security Documents explains the requirements for such a document to be executed as a deed in: Deeds and their execution, and notes: 'It is essential to know whether a document is a deed not least because the Law of Property Act 1925, s 52 enacts that: '(1) 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.' Similarly, dealings in

Where a road runs between enclosed properties there is usually on each side of the hardstanding a strip of land (which may be occupied by a pavement, or may simply be a grass verge) which forms part of the road—the road itself is therefore wider than just the maintained carriageway. It may or may not be clear whether this is the case (for example where the land is not enclosed and there is no indicator of whether any of the adjoining land belongs to the road). The hedge-to-hedge presumption provides that a highway extends to the whole width of the space

We refer you to Q&A: Could rights of occupation of a residence given to an unmarried partner under a cohabitation agreement affect the availability of residence nil rate band on the death of the grantor?, which discusses the difference between a mere contractual licence to occupy a property, and an equitable interest in that property. In order to qualify for the residence nil rate band (RNRB) to apply, the deceased must have had an a qualifying residential interest (QRI) in the relevant property, either by holding both the legal and beneficial title, or by way of a qualifying

For the purpose of this Q&A we have assumed that the property is in England. The Coronavirus Act 2020 altered the periods of notice required to seek possession of properties let under many species of tenancy. However, it did not alter the period

The SET (M) form is for those applying to settle on the basis of family life with a partner. The relevant rule for indefinite leave to remain applications is contained within Appendix FM of the Immigration Rules: ‘Section E-ILRP: Eligibility for indefinite leave to remain as a partner E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met. … E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either: (a) at least 60 months in the UK with: (i) leave to enter granted on the basis of entry clearance as

A claim for dilapidations is a claim against a tenant arising out of an alleged breach of covenant concerning the state of repair or condition of the premises. The basis of such a claim is to compensate the landlord by putting them back in the position that they would have been in but for the breach. As a result, the measure of damages is the reasonable cost of putting the property into the state in which the tenant was obliged to leave it pursuant to the terms of the tenancy: Joyner v Weeks. This is subject to the statutory cap imposed by section 18(1) of the Landlord and Tenant Act 1927 (LTA 1927) (enacted in response to that and similar decisions), which provides that: 'Damages for a breach of a covenant or agreement

There is not a specific procedure but the basic rules are this: When personal representatives (PRs) make overpayments, they have several options to address the situation. Generally, a personal representative who has made an overpayment by mistake may not call for repayment directly from the legatee. However, they can reimburse themselves out of funds in which the legatee has an interest that remains in their hands (Commentary: Persons who may exercise the right and call for a refund: Halsbury's Laws of England [244]. If the overpayment was made under a court order or if debts unknown

As set out in Practice Note: Tax issues for bondholders, in particular section: Direct tax issues for individual bondholders, for UK resident individuals acquiring a bond, the main tax issues to consider are: • income tax • the interest received on the bond is subject to income tax as interest under the category of savings and investment income, see Practice Note: Savings income—the income tax charge, and • additional amounts may be taxed under the accrued income scheme when the bond is disposed of chargeable gains—most plain vanilla bonds are ‘qualifying corporate bonds’ (QCB) and exempt from

Any transfer of value by an individual will be a chargeable transfer for inheritance tax (IHT) purposes unless it is exempt: section 2 of the Inheritance Tax Act 1984 (IHTA 1984). The value of the transfer will be assessed by taking into account any reliefs. As business property relief (BPR) at 100% is available, the transfer of value can be reduced by the value of any such property. Once any relief has been deducted the rate of tax must be calculated. If the transfer is

Where an employer sets out to engage or recruit someone, or assign an existing staff member, to a role on the basis of their sex, such conduct may be unlawful in relation to the person of the opposite sex who was not selected, depending on the circumstances. For further information, generally, see Practice Notes: • Sex discrimination • Direct discrimination It is unlawful under the Equality Act 2010 (EqA 2010) to treat someone less favourably (ie directly discriminate against them) because of a protected characteristic (EqA 2010, s 13(1)). Protection under the EqA 2010 extends to nine personal characteristics, of which sex is one (EqA 2010, s 11). Both men and women are protected against sex discrimination. It has been assumed for the purposes of this query that the relevant provisions of EqA 2010, ss 39–83 are applicable, which offer specific protections for those in ‘employment’. The EqA 2010 recognises a wider set of circumstances as ‘employment’

Where an employer recruits a person, or assigns an existing staff member to a role, on the basis of a protected characteristic, such conduct may be unlawful in relation to the person who was not selected. Direct discrimination It is unlawful under the Equality Act 2010 (EqA 2010) to treat someone less favourably (ie to directly discriminate against them) because of a protected characteristic (EqA 2010, s 13(1)). For more information, see Practice Note: Direct discrimination. For information on the protected characteristics, see: Protected characteristics—overview. If a person is not recruited or assigned to a role because they do not have the favoured protected characteristic, they may have

You may wish to consider: • whether the bonus falls within ‘terms and conditions about remuneration’ • the effect of the maternity equality clause, and • the non-contractual payments exception A woman absent on maternity leave is in a unique position, which requires her to be afforded special protection, but which is not comparable with that of a man actually at work. A woman on maternity leave is not therefore entitled to full pay, despite the principle of equal pay under Article 157 of the Treaty on the Functioning of the European Union. An employee who takes ordinary or additional maternity leave is entitled to the benefit of all the terms and conditions of employment that would have applied had she not been absent, except ‘terms and conditions about remuneration’. ‘Terms and conditions of employment’ are