Section 19A of the Housing Act 1988 By virtue of section 19A of the Housing Act 1988 (HA 1988) an assured tenancy which: '(a) is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or ... is an assured shorthold tenancy...' HA 1988, s 96 came into force on 28 February 1997. HA 1988, s 1 HA 1988, s 1(1) provides that: 'a tenancy under which a dwelling-house is let as a separate dwelling [emphasis added] is for the purposes of this Act an assured tenancy if and so long as: (a) the tenant or, as the case may be, each of the joint tenants is an individual; and (b)

This Practice Note looks at the company law implications regarding the resignation of a company secretary. It does not discuss how a company secretary may be appointed or be removed, as to which see Practice Notes: Ireland—Appointment of a company secretary and Ireland—Removal of a company secretary. Resignation of a company secretary The Companies Act 2014 (Ireland) (CA 2014 (IRL)) does not contain any specific provisions about how a company secretary may resign. Subject to any specific provisions in the company’s constitution or the company secretary’s contract of employment, it is usual practice for a company secretary to resign by way of a resignation letter addressed to the directors of the company. A company is required under CA 2014 (IRL), s 129(1) to have a company secretary, therefore when a secretary resigns the company must arrange for a replacement to be appointed. The Companies Registration Office will not register a resigning

An appointed representative (AR) cannot itself appoint another AR to act as a locum. Under section 39(1) of the Financial Services and Markets Act 2000 (FSMA 2000), an AR (as an unauthorised person) is exempt from the general prohibition (FSMA 2000, s 19) only on the basis that: • the AR is party to a contract with an authorised person (‘principal’) which permits or requires the AR to carry on business of a prescribed description and complies with such requirements as may be prescribed, and • the AR is someone for whose activities, in carrying on the whole or part of that business, his principal has accepted responsibility in writing Therefore, because an AR is not directly authorised, it does not have the legal and regulatory

The tenant’s status It frequently happens that on expiry of a business tenancy the tenant remains in occupation without a new agreement having been entered into. Where Part II of the Landlord and Tenant Act 1954 (LTA 1954) has been validly excluded by contract, this occupation will in the first instance be either as a tenant at will or as a ‘tenant at sufferance’. If the landlord gives consent to the occupation it can no longer be said that there is a ‘tenancy at sufferance’. For example, a notice asserting that occupation is as a tenant at will plainly amounts to such consent. A tenancy at will is a precarious status. To bring it to an end does not require that notice be given

Where an individual makes a gift of property (not just land, but property in the wider sense), that property is only a property subject to a reservation if at any time in the relevant period, the property is not enjoyed to the entire exclusion, or virtually to the entire exclusion, of that individual and of any benefit to him by contract or otherwise (see section 102(1)(b) of the Finance Act 1986 (FA 1986)). Occupation for a few weeks each year by such an individual of land which he or she has given away may therefore fall within the 'virtually to the entire exclusion' exception. See Example 1 in IHTM14333. See also HMRC interpretation RI 55 (November 1993) Inheritance tax-gifts with reservation. If

Home rights or more properly matrimonial home rights are creatures of statute—the Matrimonial Homes Act 1967 as amended by the Family Law Act 1996 (FLA 1996). The intention is to create a judicially protected right of occupation in favour of a spouse or civil partner who has no right of occupation by virtue of an estate, interest, contract or statute or only has an equitable interest in it. In most, but not all cases, it arises where the legal estate is vested solely in the husband, even if he holds on trust for himself and his wife. The wife has the protected rights but the husband does not because he does not need them. The right is: • not to be evicted

We refer you to Cohabitation contracts—overview, in particular the following Precedents: • Cohabitation agreements—client guide • Cohabitation contract See also Practice Notes: • General principles—cohabitation contracts • Terms and drafting—cohabitation contracts Regarding a potential claim by a cohabitant on the death of the other, see subtopic: Cohabitant's rights on death—overview. A declaration may be made in a Will as to the testator’s intentions regarding a potential claim against their estate under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), that may have evidentiary value in the event of a claim. Statement for the purposes of the Inheritance (Provision for Family and Dependants) Act 1975: Cohabitation: Law, Practice and Precedents [6.144] (Jordan Publishing, Wood et al) suggests the following wording for a Will: ‘Statement

Consumer Credit Regime Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000) a person cannot carry out a regulated activity, or purport to do so, in the UK unless they are either an authorised person (ie authorised by the Prudential Regulation Authority and/or the Financial Conduct Authority (FCA)), or an exempt person (eg by being an appointed representative). For an overview of the regulated activities regime in the UK, see Practice Note: What are regulated activities? As you can see in this Practice Note, activities are regulated if they are of a ‘specified kind’ (ie specified by the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO 2001)) which is carried on by way

A limited company may buy back shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. This is known as a share buyback or a purchase of own shares. In addition to the provisions of CA 2006, there are other rules and guidelines that are relevant to a listed company or an AIM company that is to buy back its own shares. The restrictions in CA 2006 relating to share buybacks do not apply to unlimited companies. For further information on this type of company, see Practice Note: Unlimited companies. For a summary of the process for carrying out a share buyback, see Practice Note: How to carry out a share buyback. For a consideration of the legal framework applicable to a share buyback and information on why a company may carry one out, see Practice Note: Share buybacks—the legal framework. Off-market or on-market? Only one type of share buyback is possible for a private limited company. It may only make an off-market

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the publication of the Retained EU Law parliamentary report by the Department for Business and Trade and the High Court in Skatteforvaltningen v Solo Capital Partners LLP (witnesses out of the jurisdiction); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

This Practice Note provides an overview of the types of communications services commonly outsourced and the reasons for outsourcing. Typical outsourcing structures are also explored, together with key provisions, service levels, benchmarking, warranties and additional issues. Communications outsourcing 'Outsourcing' broadly means the contracting out of a business process or function to another party. Examples of functions which might be outsourced include human resources, payroll processing, IT, customer services, finance and accounting. The outsourcing of communications takes many different forms. While there is no legally approved definition, communications outsourcings usually involve the outsourcing of services associated with voice and/or data communications in some form. Such outsourcings can be: • full outsourcings, involving the outsourcing of a fully functioning private communications network • managed service outsourcings, or • more specific outsourcings, such as the support and maintenance of telecoms apparatus to data centre outsourcing, or the procurement of the supply of handsets Artificial intelligence (AI) is now commonly used as part of many outsourced services (including communications services) and brings with it an additional set of considerations.

Letters of intent are preliminary agreements that precede substantive contract negotiations. They are also referred to as: heads of agreement or heads of terms, memorandum of understanding; pre-contract protocol or term sheet. They provide an outline of the commercial deal agreed between the proposed parties to a contract rather than detailing the finer points.