Since 6 April 2007, sections 212 to 215 of the Housing Act 2004 (HA 2004) impose statutory duties on any landlord of an assured shorthold tenant who takes a deposit. The landlord must: • deal with the deposit in accordance with the requirements of one of two types of tenancy deposit schemes, and • provide the tenant with prescribed information For these purposes, a deposit is defined as any money (in the form of cash or otherwise) intended to be held by the landlord (or otherwise) as security either

See Practice Note: Quantifying damages for dependants—past losses—financial dependency. This Practice Note considers the various elements of a financial dependency claim for past losses.

For the purposes of this Q&A, we have assumed the rent deposit is in relation to a commercial property. The rent deposit deed A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the non-payment of rent and other breaches of the lease. The money is held on the terms of the rent deposit deed. Rent deposit deeds provide landlords with immediate access to funds in the event that the tenant is in breach of the lease. In many cases the definition of liabilities under the deed extends to the costs of enforcement. The rent deposit deed will state exactly when the landlord is entitled to draw on the deposit. Such circumstances usually include where there are: • outstanding amounts due under the lease ie for rent, insurance, service charge • sums due for losses or costs

The General Data Protection Regulation (EU) 2016/679, the GDPR, will replace Directive 95/46/EC, Data Protection Directive and all implementing data protection legislation in EU Member States, including the UK’s Data Protection Act 1998 (DPA 1998) from 25 May 2018. The GDPR will be directly applicable in all Member States without the need for implementing national legislation. See Practice Note: Introduction to the EU GDPR and UK GDPR. This Q&A considers the generic standard GDPR clauses found in Annex A, Part 1 of the Procurement Policy Note—Changes to Data Protection Legislation & General Data Protection Regulation (PPN 03/17) issued by the Crown Commercial

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. This Q&A examines this point specifically in relation to liquidation and will be relevant where a request has been made by a liquidator who has not obtained a court order. Position of non-directors The Insolvency Act 1986 (IA 1986) and Insolvency Rules 1986, SI 1986/1925 (IR 1986) give insolvency office-holders in certain situations the power to obtain property, including cash, books and records and documents of the insolvent company or bankrupt (see IA 1986, ss 234 and 236). The IA 1986 also imposes a duty on certain individuals and entities under IA 1986, s 235 to co-operate with the office-holder and imposes

Legislation The Consumer Rights Act 2015 (CRA 2015) provides: 'If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (9) and (10).' Further, 'No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless… the goods consist of a motor vehicle'. Guidance The Business Companion, run by the Chartered Trading Standards Institute, provide guidance on deductions. The guide on the sale and supply of goods states: 'If the consumer rejects the goods, then he is entitled to a refund. This refund may be reduced to take account of any use the consumer

A rent deposit is a sum of money that is deposited with the landlord when a tenant takes a lease of premises. The landlord commonly holds the money on trust for the tenant or on behalf of the tenant who charges it in favour of the landlord. For the purposes of this Q&A, we have assumed the rent deposit has been held as a charge. Rent deposits are a popular form of security for landlords as they provide immediate access to funds in the event that the tenant is in breach of the lease and the tenant provides an agreed sum of money and the landlord is able to draw

It may be preferable for personal representatives (PRs) to transfer or ‘appropriate’ an estate asset to a beneficiary before selling it in order to take advantage of the beneficiary’s lower tax rate, annual exemption or losses. For further guidance, see: Practice Note: Income tax and capital gains tax during administration. However, it will not always be appropriate for an asset subject to a capital gain to be appropriated to a beneficiary before sale and the PRs will need to consider all the circumstances to assess whether this is appropriate. For example, estate assets may need to be sold

By way of background, possessory title is granted where the land owner claims to have acquired the land by adverse possession or where he cannot produce documentary evidence of title for some reason. It will be granted if the applicant is in actual possession of the land, or in receipt of the rents and profits of the land and it cannot be registered with any other title. Registration with possessory title has the same effect as registration with absolute title except that any adverse rights are excepted from the effect of registration, and their priority is protected on the registration

There are no specific late filing penalties set down in relation to the people with significant control (PSC) regime, although it is anticipated that Companies House will at some point in the future introduce penalties for late filing and other contraventions once the regulations and guidance have been given a reasonable

If a wall has a buttress, then it will be part of the structure forming the wall. The presumption would be that the wall was erected by the owner of the land upon which the buttress stands, so that the outer face on the far side of the wall is the legal boundary. This is because a buttress is a substantial structure and the most

It may be helpful to consider in turn: • the requirement under section 1 of the Employment Rights Act 1996 (ERA 1996) to provide a written statement of particulars of employment • the contract of employment • an employer’s Human Resource (HR)-related policies • electronic signatures Written statement of employment particulars Under ERA 1996, s 1(1), an employer is required to give a worker a written statement of the particulars of employment listed in ERA 1996, s 1(3) and (4). For detailed information on this requirement, see Practice Note: Written statements of employment particulars. In the case of particulars relating to sick leave and pay, other paid leave, pension rights and training, the statement may refer to another document which is reasonably accessible