Section 196 of the Law of Property Act 1925 (LPA 1925) is a deeming provision whereby the risk of non-receipt is passed to the recipient, therefore giving the party serving the notice a guarantee of presumed delivery. It has been established that cases which previously suggested that service in accordance with a statutory method gives rise to a rebuttable presumption as to good service were incorrectly decided (see Galinski v McHugh and CA Webber (Transport) Ltd v Railtrack), both decided in the context of another statutory method of service under section 23 of the Landlord and Tenant Act 1927. The deeming provision is subject to the stated exception regarding return by the postal service. The exception has been held to only apply in limited circumstances. The courts have held that service using a statutory method cannot be avoided by a refusal

Part 7 of the Companies Act 2006 makes express provision for the re-registration of a private company as a public company (CA 2006, s 90), of a public company as a private limited company (CA 2006,

The requirements for a valid enduring power of attorney (EPA) are set out in the LexisPSL Practice Note: Requirements for a valid EPA. Assuming that the EPA has otherwise been validly created, a small typographical error will not necessarily be fatal to the registration of the EPA. If the donor has begun to lose capacity but still has sufficient capacity to understand the nature and effect of the EPA and the fact that her name has been misspelt (see Practice Note: Capacity to create or revoke an enduring power of attorney for further guidance on capacity to create an EPA), the most pragmatic solution might

The occupier of a mobile home may give the mobile home, and assign an agreement relating to it, to a member of their family. Whether a sale or a gift, and whether in England or Wales, the procedure to be followed depends whether the agreement under the relevant legislation was made before the commencement of the legislation or after commencement. See: Successors-in-title: Encyclopaedia of Forms and Precedents [3135] and Selling and making gifts of mobile

This Q&A assumes that the property is registered. The power conferred upon the registered proprietor of either freehold or leasehold land to create a charge is found under sections 23 and 24 of the Land Registration Act 2002 (LRA 2002). The owner of a registered estate has power: • to make a disposition of any kind permitted by the general law in relation to an interest of that description other than a mortgage by demise or sub-demise; and • power to charge the estate at law with the payment of money LRA 2002, s 132 defines a ‘charge’ as ‘any mortgage, charge or lien for securing money or money’s

Trust A trust would effectively mean the money is held in a separate account for the customer’s benefit only and therefore on an insolvency situation, the money is effectively left out of the ‘pot’ for creditors and would go straight to the customer, see Practice Note: Proprietary claims. Existence of trust The first consideration will be whether the vehicle used will be a trust. A trust will involve the settlor, the original owner of property, conveying it to one or more trustees and manifesting an intention that it is to be held on trust for one or more beneficiaries. The trustees become owners at common law and hold the property or rights in trust for the beneficiaries (cestuis que trust) for that purpose. In

The question raises issues with regards to the situation that arises when the fixed contractual term of an assured shorthold tenancy (AST) under the Housing Act 1988 (HA 1988) expires. An AST can only be brought to an end by obtaining an order for possession and executing it. Execution of an order for possession is secured by warrant of possession executed by a bailiff (CPR 83.26(1)). If a fixed term tenancy expires without an order for possession being obtained and executed, then the tenant is entitled to remain in possession under a statutory periodic tenancy. The statutory periodic tenancy is a separate tenancy to the fixed term. It is expressed to take effect immediately on the expiry of the fixed term. In most cases, this will be the start of the day following the last day of the fixed term because, absent any other wording in the tenancy agreement, the fixed term ends at midnight

Section 56(1) of the Law of Property Act 1925 (LPA 1925) states that: ‘a person may take an immediate or other interest in land or other property, or the benefit of any condition, right of entry, covenant or agreement over or respecting land or other property, although he may not be named as a party to the conveyance or other instrument’. As regards the reference to a ‘covenant’, this appears to relate only to covenants in relation to land where

As explained in Practice Note: SDLT chargeable consideration—Contingent, uncertain or unascertained consideration (other than rent) overage payments will generally fall within the scope of contingent, uncertain or unascertained consideration. It is possible to apply to defer payment of stamp duty land tax (SDLT) where the following conditions are satisfied: • at the effective date of the transaction the SDLT cannot be finally determined because all or part of the consideration

The interim and final charging order will contain details of the amount of the debt outstanding. See Precedents at: • Interim charging order: Atkin's Court Forms, Enforcement of Judgments and Orders [454] • Final charging order: Atkin's Court Forms, Enforcement of Judgments and Orders [455] The beneficiary of the charging order may be stated in the register entry and it may be possible to contact them and seek a copy of the order. Alternatively, a non-party can get a copy of any judgment or order made in public (whether made with or

To discontinue a claim or part of a claim, a claimant must serve a copy of the notice of discontinuance on every other party to the proceedings. The claimant must state in the notice of discontinuance which they file that they has served notice of discontinuance on every other party to the proceedings. See Practice Note: Discontinuance of a claim and see Commentary: Procedure for discontinuing: Halsbury’s Laws of England (11) [1035]. CPR 6.28 provides the court with the power to dispense with service of any document which is to be served in proceedings.

It is possible to draft a Will which gives the executors a discretion as to how to distribute all or part of the estate, but the class of potential beneficiaries will need to be properly defined. A trust where the class of beneficiaries is not defined, and it is left to the executor to decide who benefits would probably