It has been assumed the section A notice is one under section 18(2)(b) of the Landlord and Tenant Act 1987 (LTA 1987). This question raises the nature of the notices which are be served by parties under LTA 1987. Quite often, when a notice is to be served under a statute, it has to be in a form prescribed either by the statute or more commonly a statutory instrument. While the usual requirement is that the notice be in the form prescribed or one ‘substantially to the same effect’ so that there is some scope for departure, it is important to ensure that the information contained in it meets the requirements of the statute or statutory instrument otherwise there will be a danger that it will be rendered invalid. LTA 1987 is not one of the easiest to follow. It suffers from having been the subject of quite substantial amendment not long

There is no prescribed form when applying to HMRC to defer SDLT on contingent or uncertain consideration. The application must comply with the provisions of paragraphs 10 to 28 of the Stamp Duty Land Tax (Administration) Regulations 2003,

The calling of witnesses, including expert witnesses, in an inquest is within the coroner’s discretion. The power to require evidence to be given in writing or in person is contained in Schedule 5 to the Coroners and Justice Act 2009. For further information see Practice Note: Powers of the coroner. The duty on the coroner is to call sufficient witnesses to make sure that a proper enquiry is undertaken in order to determine cause of death. A coroner's discretion whether to call expert evidence is wide (see Mack (r on the application of) v HM Coroner for Birmingham and Solihull (2011) and the Chief Coroner's Law Sheet No 5). While independent expert evidence is not always required, it can be necessary in order to conduct such an enquiry. If expert evidence is thought necessary then a report will need to be prepared,

Applying for a charging order The procedural requirements for applications for charging orders are set out in Part 73 of the Civil Procedure Rules (the CPR) (CPR Part 73) and the associated practice direction. These do set out the use of a prescribed form for the making of the application for the charging order: form N379 where the property to be charged is land. If the application is satisfactory, the court will make an interim charging order without a hearing. Provided that it is not discharged, the judgment creditor has the security of the charge effective from the making of the interim charging order. Since 6 April 2016, the procedure has been changed with the intention that straightforward applications which are not objected to will result in a final charging order also being made without a hearing. Such applications are dealt with by the County Court Money Claims Centre. After

Section 24(2) of the Landlord and Tenant Act 1954 (LTA 1954) provides that certain common law mechanisms for terminating a business lease remain applicable for LTA 1954 leases including a tenant’s notice to quit. A tenant’s break notice

Is there a prescribed form of notice to be served by landowners? The Electronic Communications Code (the 'Code') provides that a right to require the removal of telecoms equipment (such as base stations or masts) cannot be enforced without going through Code procedures. The owner of land occupied by telecoms equipment must serve a notice under paragraph 20 or 21 as appropriate requiring its removal, relocation or alteration. In summary, the landowner would use a: • paragraph 20 notice if the operator has an existing agreement with the landowner allowing them to be on the land, but the landowner wishes to remove/relocate (see the statutory definition of 'alteration') the apparatus because they are redeveloping or • paragraph 21 notice if there is no agreement in existence, or it is shortly to come to an end and the landowner requires an order allowing them to remove the apparatus If the telecoms

In practice, the loan note instrument, ie the governing documentation for any issue of loan notes, will normally specify the form of transfer to be used as well as the relevant conditions providing for a transfer of loan notes to be made. By way of example, see Schedule 1, paragraph 5 (Transfers) and Schedule 5 (Transfer Form) of Precedent: Loan note instrument—buyout—corporate investors and the associated Drafting Notes, which set out both the requirements for transfer and the form such transfer should take in respect of loan notes issued under the relevant loan note instrument. Where loan notes are to be transferred, it will therefore be important to

See Practice Note: Squeeze-outs and sell-outs: buying out minority shareholders, which provides further detail on the procedure to be followed where the squeeze-out procedure is available. See also related Q&As: Does a squeeze out notice need to be sent to all dissenting shareholders who have not agreed to the takeover offer or can selected minority shareholders be chosen at the bidder's discretion? and Can a single takeover offer be given to different shareholders over several days or does it have to be on the same day and in one form of document? Takeover offers under Part 28 of the Companies Act 2006 Part 28 of the Companies

Under section 53 of the Wildlife and Countryside Act 1981 (WCA 1981) the Surveying Authority must keep a register of prescribed information, which is known as the Definitive Map and Statement. The width may have been prescribed if the right of way (RoW) has been set out by virtue of an inclosure award, but not all

VAT Whether a price quoted is inclusive or exclusive of VAT must turn on the terms of the particular contract. If there is nothing in the contract between the parties at all, it is generally considered that section 19(2) of the Value Added

We refer you to the following Q&A which explains that, in effect, the transferable residence nil rate band (transferable RNRB) is claimed in priority to the transferable basic nil rate bank (NRB): When dealing with the estate of a second spouse to die, can the Residence Nil Rate Band Allowance

Management orders Section 21 of the Landlord and Tenant Act 1987 (LTA 1987) provides that a tenant of a flat may apply to the First-tier Tribunal (FTT) (or, in Wales, a Leasehold Valuation Tribunal (LVT)) for an order that a manager be appointed to act in relation to the premises. LTA 1987, s 24 provides that the tribunal may appoint a manager to carry out, in relation to the premises concerned, such functions in connection with the management of the premises and/or such functions of a receiver as the tribunal thinks fit. The conditions for a tribunal to be able to make a management order are set out in LTA 1987, s 24(2). Ending of a management order A management order can be made on such conditions, and can be suspended on terms, as the tribunal sees fit: see LTA 1987,