Practice Note: Administration sales involving property—process and options for a buyer considers the key issues when selling or acquiring a property (freehold or leasehold) as part of a sale of the asset and business from a company in administration. It also considers the difference in approach between acquiring property from a solvent company and one that is in administration. A key point to note is that unlike in standard property transactions, when buying property from an administrator, the buyer does

There are no specific legal requirements in relation to execution by nominee shareholders. However, in the case of a corporate nominee, it should execute the agreement in accordance with the Companies Act 2006 requirements for execution of contracts by companies. For further details see Practice Note: Executing deeds and simple contracts and Precedent: Execution clause—company—contract In addition, the relationship between a nominee and the beneficial owner is often evidenced and governed by a declaration

The general rule is that in the absence of an express provision in the lease or a statutory provision, a landlord is under no obligation to put a premises into a state of repair at the start of the tenancy. This position was summarised in Robbins v Jones (1863) 15 CBNS 221 (not reported by LexisNexis®) when the court stated: ‘fraud apart, there is no law against letting a tumble-down house.’ Likewise, during the lifetime of a lease, a landlord is not normally under

In conducting the research for this Q&A, we have focused on the definition of ‘retailer’ within the context only of (i) the key legislation for the supply of goods or services and (ii) contractual interpretation. However, there may be a defined term which exists in legislation having a more specific purpose, which may be relevant dependent upon the circumstances, for example in relation to tax, local government licencing, property or competition law purposes, or under sector specific legislation, for example in the food industry. For general guidance on the statutory provisions that apply to contracts for goods and services, see Practice Notes:

We assume for the purposes of this Q&A that the covenant in question is one which the RTM company has the right to enforce. What covenants can the RTM company enforce? See Practice Note: The right to manage—Extent of the right. The landlord’s management functions are transferred to the RTM company and the tenant is liable to it, rather than the landlord, in respect of the tenant’s obligations under the lease—see sections 96, 97 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002). The RTM company also has the right, as well as any other person with the right, to enforce tenant covenants (untransferred tenant covenants) which, despite acquisition by the RTM company of the right to manage, remain exercisable by the landlord or another person. See CLRA 2002, s 100(2), (4). The RTM company may not re-enter for the purposes of forfeiture, but can do so to determine

Statutory regime The Highways Act 1980 (HIA 1980) gives the County Council as Highway Authority certain powers and rights in relation to flooding and drainage. We refer you to HIA 1980, s 100 which gives the Highway Authority, for the purpose of draining or preventing surface water from flowing onto the highway the power to: • construct or lay, in the highway or land adjoining or lying near to the highway, such drains as they consider necessary • erect barriers, in the highway or in land adjoining or lying near to the highway, to divert surface water into or through any existing drain • scour, cleanse and keep open all drains situated in the highway or land adjoining or lying near to the highway 'Drain' includes

Easement implied under common law One of the ways by which an easement can be implied at common law is necessity. The principle that a person shall not derogate from grant and that a grant is construed in favour of the grantee may operate in favour of the occupier of a dominant tenement to imply easements over the retained land (ie the servient tenement). The reservation of an easement may be implied where the dominant tenement cannot be used at all without the right concerned—there must be no other explanation short of necessity. An easement will not be implied where the right is merely necessary for the reasonable enjoyment of the dominant tenement or is more convenient. An easement may also be implied to give effect to the common intentions of the parties as to use of the dominant tenement if: • the parties have a shared intention that the land will be used in some definite

An electricity distributor is a potential licence holder under section 6 of the Electricity Act 1989 (EA 1989). Underground electricity cables will frequently be the subject of easements or rights and restrictions in transfers and other property documents so a full title search should be carried out before concluding that they do not already exist. Licence holders can apply to the Secretary of State for Energy and Climate Change for a ‘necessary wayleave’ to install and keep installed an electric line under private land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, etc, the line under EA 1989, Sch 4. This process is used when a request has been made and

In family proceedings, it is often the case that each party pays their own costs of litigation and it is only usually where a party has acted unreasonably that the one side will bear the costs of both sides. When deciding whether a costs order should be made, the court will consider whether the party was successful, whether an application or allegation was reasonably contested and the conduct of both parties. If the court considers that one party has behaved unreasonably and the other party has incurred further legal costs as a result, a costs order may be made against the unreasonable party. See Practice Note: Costs in family proceedings. If one party has the benefit of legal aid then this means

Section 483 of the Income Tax (Earnings and Pensions) Act 2003 contains provisions which apply to the taxation of a new option where it is granted in exchange for the release or assignment of another option. In essence, these provisions mean that there will

We assume that the default gift will be in the form of a discretionary trust for the benefit of the testator’s grandchildren and will not provide for an immediate post-death interest (IPDI) trust under section 49A of Inheritance Tax Act 1984 (IHTA 1984). We also assume that it will not be a disabled trust under IHTA 1984, s 89. Please see

There are several tax implications which a person will need to be aware of in relation to the transfer of property to a child or spouse. Any attempts to give away assets during your lifetime are potentially subject to some form of inheritance tax (IHT), although many transfers will not be immediately chargeable if they qualify as potentially exempt transfers (PETs) or if another relief of exemption