Section 42(3)(f) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) (see generally Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993) provides that a notice by a qualifying tenant of a claim to exercise the right to extend ‘must’, among other things, ‘specify the date by which the landlord must respond to the notice by giving a counter-notice under section 45’. There are many statutory schemes affecting landlords and tenants where one party to the lease ‘must’ serve a prescribed notice in order to take advantage of its statutory rights. Undoubtedly, the scheme of LRHUDA 1993 is such that, if it is not complied with, the notice will be of no effect. In Osman v Natt, the Court of Appeal considered the relevant

The starting point for consideration of this issue is the Town and Country Planning (Use Classes) Order 1987 (as amended) (TCP(UC)O 1987) SI 1987/764, which defines uses of land and buildings into various categories known as 'Use Classes'. Change of use can occur within the same use class or from one use class to another. Depending on the specifics of any proposed change of use, including any building work associated with the proposal, it may require an application for planning permission or prior approval. The relevant building regulations also need to be considered for any proposed change of use. TCP(UC)O 1987, SI 1987/764, Schedule Part A is the relevant section and includes ‘funeral directors’: ‘Class A1. Shops Use for all or any of the following purposes— (a) for the retail sale of goods other than hot food (b) as a post office (c) for the sale of tickets

Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain cases where they would not be liable under the Road Traffic Act 1988 (RTA 1988) (as RTA insurer). An Article 75 insurer is the insurer who is providing cover against the compulsory risks set out in RTA 1988 and will remain the Article 75 insurer notwithstanding that—(i) the insurance was obtained by fraud, misrepresentation, mistake or non-disclosure of a material fact (even if a RTA 1988, s 152 declaration of entitlement to avoid liability under RTA 1988 has been obtained), and/or (ii) the cover has been back dated, and/or (iii) the use of

Paragraph 9(1) of Schedule 3 to the Children Act 1989 (ChA 1989) governs when a supervision order may designate a local authority as the supervisor. It provides that a supervision order shall not designate a local authority as the supervisor unless the authority agrees (ChA 1989, Sch 3, para 9(1)(a)), or the supervised child lives or will live within the authority’s area (see ChA 1989, Sch 3, para 9(1)(b)). ChA 1989, Sch 3, para 9(1) is different from the test for designation of a local authority in a care order set out at ChA 1989, s 31(8), where the authority must be the authority within whose area the child is ‘ordinarily resident’ or, where the child does not reside in the area

Parties to a claim The general rule of law is that any person with legal personality, and capable of being identified, may sue or be sued in the English courts, but that, whilst this rule remains paramount, the exceptions to it are extensive and reflect the full range of diversities which exist between different persons or bodies and the legal rights and duties attaching to each of them. See commentary: Parties generally: Halsbury's Laws of England. As from the date of a company's incorporation, the subscribers of the memorandum of association, together with such other persons as may from time to time become members of the company, are a body corporate by the name stated in the certificate of incorporation. See commentary: Company's name in litigation: Halsbury's Laws of England. Once a company is incorporated, it becomes a legal entity that is separate from, and distinct from, the individual members

The Control of Asbestos Regulations 2012 (CAR 2012), SI 2012/632, reg 4 imposes a ‘duty to manage’ obligation on ‘dutyholders’ of non-domestic premises and the common parts of domestic premises. CAR 2012, SI 2012/632, reg 4 requires dutyholders to identify the location and condition of asbestos and to manage the risk posed by it to prevent harm to anyone who works on the premises or to occupants of the premises. It also explains what is required of people who have a duty to ‘co-operate’ with the main dutyholder to enable them to comply with CAR 2012, SI 2012/632. CAR 2012, SI 2012/632, reg 4(1)(a) defines a

Waste land of a manor is defined by section 37 of the Commons Act 1876, as: 'any land consisting of waste land of any manor on which the tenants of such manor have rights of common, or of any land subject to any rights of common which may be exercised at any time of the year for cattle levant and couchant, or to any rights of common which may be exercised at all times of the year, and are not limited by number or stints.' There is a caveat to using this definition provided in the Explanatory Notes which accompany the Commons Act 2006: Annex A Glossary of Terms,

As identified in Practice Note: Defects liability period and rectification of defects, there is no ‘standard’ definition of what constitutes a defect in building works. The precise meaning and scope of ‘defect’ will depend upon the terms of the contract in question (including any express definition of ‘defect’). For further information, see: Defects liability clauses: Emden's Construction Law by Crown Office Chambers [12.24]. General definition of ‘defect’ The courts have previously attempted to define ‘defect’ in a range of legal claims but no clear definition has prevailed. The case of Tate v Latham & Son (1876) 1 QB 502 (unavailable on Lexis®Library) defined a defect as ‘as lack or absence of something essential to

CPR Part 55.11–19 provides for an accelerated possession procedure in respect of claims brought for possession against assured shorthold tenants under section 21 of the Housing Act 1988. The claim must be only for possession—the procedure cannot be used if another remedy (such as arrears of rent) is sought. The procedure allows the court to consider on paper the making of an order for possession without a hearing either after the filing of the tenant’s defence or on the request of the claimant, after the 14-day period for the filing of the tenant’s defence has passed (CPR 55.15). Upon

Defendants can be liable for failing to grit or salt an area, if the presence of snow and ice subsequently leads to personal injury. The nature of the duty depends upon where the snow and ice was. For accidents that occur on the highway, it was held by the House of Lords in Goodes v East Sussex County Council that there was no duty imposed by the Highways Act 1980 (HiA 1980) on local authorities to grit or salt the highway in the event of snow or ice. Subsequent to that decision, however, HiA 1980, s 41(1A) was added to the HiA 1980, which provides that ‘… a highway authority are under a duty to ensure, so far as reasonably practicable, that safe passage along a highway is not endangered by snow and ice’, which is arguably

This Q&A assumes that the question is concerned with common law appropriation of payments rather than any statutory rules which apply in specific circumstances (for example, to building contracts). The common law principles governing appropriation of debt generally are summarised in: Appropriation of payments: Halsbury’s Laws of England, [316]–[320]; Appropriation of Payments; Combining Accounts; Third Party Debt Orders: Halsbury’s Laws of England,[166]–[167] and Appropriation: Halsbury’s Laws of England

In the law of evidence, an ‘admission’ refers to an admission by a party of a fact or facts which is against that party’s interest (whether that admission is conveyed by spoken or written words, conduct or otherwise). Technically, there is no such thing as an admission of a legal liability. For the present purposes, the question therefore arises whether the word ‘admitted’ in section 168 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) has a traditional ‘evidential’ meaning or whether it means something more. The concept of an ‘admission’ appears in two distinct but related statutory areas of landlord and tenant law which concern, broadly, a tenant’s obligations under a lease. In the first area, where (among other things) liability for a matter has been ‘admitted’ by the tenant, the tenant is not entitled to subsequently apply to the First-tier Tribunal (Property Chamber) or court (as appropriate) for a determination