If the trust property is subject to a qualifying interest in possession, it is not relevant property and so is not subject to principal and exit charges during the life of the trust. See Practice Note: Qualifying interest in possession trusts—IHT treatment. However, if the trust property is within the relevant property regime, it would be subject to an exit charge. As with the principal (ten-year) charge, any available

A covenant for quiet enjoyment in a tenancy agreement confirms that the landlord is entitled to grant the tenancy and that the tenant can possess the demised premises without interference by anyone claiming through or under the landlord, or by title paramount, save as provided for contractually, ie by the lease. Contrary to popular perception, it is not limited to the prevention of unreasonable noise—‘quiet’ in this context means peaceful, rather than silent. As Kekewich J stated in Jenkins v Jackson, ‘“quietly” does not mean undisturbed by noise. When a man is quietly in possession it has nothing whatever to do with noise...“Peaceably

A Jervis v Harris provision will contain most if not all the following covenants on the part of the tenant: • to repair the demised premises • to permit the landlord to enter to inspect the state of repair • to carry out any work required in a notice by the landlord identifying defects discovered on inspection within a specified time • to permit the landlord to enter to carry out work which the tenant has failed to carry out pursuant to such a notice • to pay the cost of the landlord carrying out such work The advantages to the landlord include the following: • it avoids the need to forfeit • there is no need for a section 146 of the Law of Property Act 1925 notice • the Leasehold Property (Repairs) Act 1938 does not apply • the landlord controls the work

This Q&A raises the circumstances in which a commercial lease can be brought to an end following a breach of covenant in circumstances where it does not, for whatever reason, make provision for a right of re-entry. A lease grants the lessee the right of exclusive possession of the premises to which it relates. In the case of a fixed term, absent a break clause exercisable by the landlord, the lessee’s right continues until the contractual term expires and may continue beyond then if it has the protection of Part II of the Landlord and Tenant Act 1954 (LTA 1954). In the case of a periodic tenancy, the right continues until notice to quit is given in accordance with the common law rules as amended by either the terms of the lease or the LTA 1954 as the case may be. Express right of re-entry It

Generally, terms may only be implied into contracts governed by the laws of England and Wales: • by statute, or • where common law tests are successfully applied Statutory implied terms relevant to intellectual property infringement Section 12 of the Sale of Goods Act 1979 (SGA 1979) implies the following terms, among others and subject to some exceptions, into relevant contracts: • goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance—SGA 1979, s 12(1) • the buyer will enjoy quiet possession of the goods—SGA 1979, s 12(2) Accordingly, a seller may be in breach of SGA 1979, s 12 if contrary third party property rights existed at the time of entering into contract or are subsequently enforced. See Microbeads v Vinhurst Road Markings, a patent case, which confirmed that both SGA 1979, ss 12(1) and 12(2) could be breached if there was a claim for intellectual property

The value of the financial advice would be a benefit in kind if the member's employer paid for the advice directly, subject to the income tax exemptions for employer-arranged financial advice under sections 308B and 308C of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), but is the income tax treatment different if the pensions scheme pays? This answer assumes that

Every relationship of landlord and tenant will contain a covenant requiring the landlord to allow the tenant quiet enjoyment of the demise. If such a covenant is not expressly set out in the lease, it will be implied by operation of law. ‘Quiet enjoyment’ in this context means the right of the tenant to obtain exclusive possession of the entire demise and to continue to do so without interference or interruption of possession, (Jenkins v Jackson). In London Borough of Southwark v Mills, the House of Lords confirmed that the covenant was one that provided that the lawful possession by the tenant

The Arbitration Act 1996 (AA 1996) makes provisions for both international and domestic arbitration proceedings in England and Wales. Under AA 1996, an arbitration commences with the service of a notice requiring arbitration which essentially requires the other party to comply with their obligations under the arbitration agreement. In Glencore v PT Tera, the Commercial Court held that: ‘In circumstances where a claim and a counterclaim arise from a single set of facts giving rise to a balance of accounts or netting-off under a contract, a reference to ‘claims’ and to ‘all disputes arising under the contract’ in notices of appointment of an arbitrator will ordinarily suffice to interrupt the running of time in respect of the counterclaim for the purposes of s 14(4) Arbitration Act 1996, and does so in this case.’ This decision shows that in circumstances such as these, a court may accept

There are a great many other issues that affect the potential validity of a section 21 notice which are beyond the scope of this Q&A. If a tenancy (either new or replacement) commenced prior to 1 October 2015 then ‘old rules’ apply. Otherwise, issues arise concerning whether the correct prescribed Form 6A has been used (last amended in June 2020), whether the notice was served after four months of commencement of the tenancy, whether the tenancy deposit was protected and the initial requirements of the tenancy deposit scheme followed, whether and when an energy performance certificate and gas safety certificate had been served, whether a statutory improvement notice had been served on the landlord, and whether any issues raised by the Tenant Fees Act 2019 are relevant. At

For a standard business-to-business contract that is not regulated in an industry specific way, there is no legislative or case law obligation for one party to provide another with a copy of

Since commencement of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), every assignee automatically becomes liable on the tenant’s covenants, and able to sue on the landlord’s covenants. Therefore, no deed of covenant is required. The provisions of LT(C)A 1995 also make clear that, to the extent that the lease contains covenants conferring rights exercisable by or against a third party

As set out in Practice Note: SM&CR—essentials for banks and PRA-designated investment firms, the Financial Conduct Authority (FCA) and Prudential Regulation authority (PRA) require firms to check that candidates for senior manager functions and non-executive directors (NEDs) (where a fitness requirement applies) are fit and proper to perform their roles. Firms must disclose any information about the candidate’s fitness and propriety in the candidate’s application for regulatory approval. As part of checking candidates are fit and proper, firms must conduct criminal record checks on candidates for senior manager functions and NEDs (where a fitness requirement applies). Technically, criminal checks are not required for those carrying out certified regime roles. However, it would nevertheless be good practice to carry these out and most firms do so at appointment stage and thereafter on a semi-regular basis (see Practice Note: The Senior Managers and Certification Regime: key issues for employment lawyers). As detailed below, senior managers