A tenancy which has been granted by a landlord to a tenant by virtue of a written agreement will not automatically come to an end when the tenant dies. If the tenancy is a protected Rent Act tenancy, assured tenancy, assured shorthold tenancy, secure tenancy, flexible tenancy, demoted tenancy or introductory tenancy or family intervention tenancy then there is a statutory scheme which will apply to allow a specified class of people to automatically ‘succeed’ to the tenancy. The list of successors may be extended by the terms of the contract, ie the tenancy agreement or under the policy held by the particular private registered provider of housing. It is worth making enquiries to determine whether there is a discretionary succession scheme, and, if so, what the criteria are. It is important to remember that discretionary schemes are exactly that; discretionary.

Enforcing rights Under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, reg 12(1) states: 'The principal shall supply his commercial agent with a statement of the commission due, not later than the last day of the month following the quarter in which the commission has become due, and such statement shall set out the main components used in calculating the amount of the commission'. The regulations provide that the agent should 'demand that he be provided with all the information…' (SI 1993/3053, reg 12(2)). The normal remedy for default is damages for breach of contract. However, as no loss is likely to be sustained this remedy would be inappropriate. For further information, see Practice Note: Relationship of principal and agent—Remedies for default. Specific performance would be a more appropriate remedy and is ordered

Contractual term Whether the tenant would be held to the expiry of the notice served under section 25 of the Landlord and Tenant Act 1954 (LTA 1954) would depend firstly on whether or not the contract term has already expired. If the contractual term has not already expired and will expire on a date which allows the tenant sufficient time to vacate, the tenant does have the option of simply delivering up possession on the contractual expiry date under LTA 1954, s 27(1A). Hill and Redman's Law of Landlord and Tenant, B Security of tenure, 3 Termination of tenancies observes at paragraph 29: 'Provision has to be made to prevent these three procedures (that is s 25 notices, s 26 requests and notices under s 27) clashing with each other. A landlord cannot give an

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) (person A) is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest or contract and the other spouse (person B) is not so entitled, person B has, if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by person A, except with the leave of the court given by an order under FLA 1996, s 33, and, if not in occupation, a right with the leave of the court so given to enter into and occupy the dwelling-house. Together, these rights are termed 'home rights'. FLA 1996, s 30(3)

We have assumed that the equipment is subject to a business to business lease/hire of equipment between a lessor/owner and lesseee/hirer, and is not a tripartite finance lease nor a consumer hire agreement. A ‘personal right’ can be defined as a right enforceable only by and against contracting parties that have provided consideration for the other party's promise. A purely personal right does not involve the delivery of an identified asset, but is to be satisfied by the performance of the obligor's personal obligation in some way. Examples of agreements generally considered to be personal contracts include publishing contracts and recording contracts (Tolhurst v Associated Portland Cement Manufacturers). Whether or not a contractual right is personal is an issue of construction of the contract. The leading statement on interpretation

Practice Note: Garden leave and the right to work states that: ‘In broad terms, putting an employee on “garden leave” means the employer sending the employee home on full pay during the employee's notice period. It can be done when an employee resigns or when the employee is dismissed with notice. The employee remains employed by the employer and, therefore, subject to the (express and implied) terms and conditions of their employment contract.’ Assuming the above applies, and subject to the below caveat, it would appear that there should be no risks from an immigration perspective if a skilled worker travels and returns to the UK for a holiday whilst on garden leave and before the agreed end employment

A Tomlin order is made up of two parts: • a court order—which is a consent order between the parties that stays proceedings on agreed terms with liberty for a party to go back to the court to enforce the agreement in the event that one of the parties does not comply with it. This will be approved by the court. This is enforceable as a court order. In practice the order is kept short • a schedule—the terms agreed by the parties are not set out in the court order but in a schedule attached to the order. The schedule is a contract between the parties as to what they have agreed to do. As a consequence the terms are not enforceable by the court as a judgment, rather contractual considerations would apply. The schedule is generally much longer than the order and frequently the terms of the agreement are detailed and may contain

This Q&A falls to be answered on two separate bases depending on whether or not the redundancy is considered—and subsequently found by an employment tribunal—to be genuine or simply a ruse by the employer to dismiss an employee who was due to go on maternity leave. If the redundancy of the pregnant employee is genuine and not related to the fact that the employee is pregnant and about to commence maternity leave, then, assuming that she receives appropriate notice pay in accordance with her contract and the dismissal takes effect before her maternity leave begins, she would have no further right to holiday pay that would have accrued during her maternity leave and and/or to payments for keeping in touch (KIT) days. Indeed, if the redundancy is genuine then the pregnant employee who was about to go on maternity

Article 18(1) of the UK Market Abuse Regulation Assimilated Regulation (EU) 596/2014 (UK Market Abuse Regulation) provides that an issuer or any person acting on an issuer’s behalf or account must draw up a list of all persons who have access to inside information and who are working for them under a contract of employment, or otherwise performing tasks through which they have access to inside information, eg advisers, accountants or credit rating agencies. The Financial Services Act 2021 amended Article 18(1) to clarify that both issuers and any person acting on their behalf or on their account are each required to maintain insider lists. This amendment came into force on 29 June 2021. An SME growth market is defined in

By way of background, if a landlord is proposing to dispose of his interest in a building containing flats in relation to which the tenants hold a right to first refusal, the landlord must serve a notice on the leaseholders giving them the opportunity to buy that interest on the terms set out in the notice before offering the interest to any third party. The form of the notice is governed by section 5 of the Landlord and Tenant Act 1987 (LTA 1987). There are five different forms of notice, dependent upon the circumstances of the disposal. LTA 1987, s 5D covers sales not pursuant to a contract. The notice must provide time for the

Firstly, see Practice Note: Managing a trading relationship with a business in financial difficulty. This outlines that general trade creditors are usually the last to know if a company is struggling as it not always easy to evaluate whether the finance director's assurance that 'the cheque is in the post' is in fact a true statement, or is masking a much bigger problem. For more information, see Checklist: Contract risk management clauses—checklist. Should you wish to proceed with agreeing to set-off, see the Lexis+® UK Construction clause bank: Set-off clause which may be helpful. There are a number of various rights of set-off that currently exist under English law, often with no need for a contractual set-off clause: • legal set-off allows a court to

ARCHIVED: This Precedent has been archived and is not maintained. STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. [On headed paper] [Insert date] [Insert address of bidder provided in the initial expression of interest in response to the PIN] Dear [Insert contact name noted in the initial expression of interest in response to the PIN] Procurement: [Insert procurement name/reference] Contract Notice Reference: [Insert reference of the PIN