This Q&A relates to an assured shorthold tenancy (AST) under the Housing Act 1988 (as amended) and assumes that the father has been nominated as lead tenant for the purposes of the tenancy deposit scheme. It also assumes that the tenants are joint tenants and that the tenancy agreement provides for joint and several liability. Finally, this Q&A assumes that the couple

Possession cannot be adverse if it is by the express or implied permission of the true owner. However, note that if the owner has merely stood by and refrained from requiring possession, there is no implied permission. And any permission may expire or be revoked, in which case possession will be adverse after that time. See Practice Note: Establishing adverse possession of land. In any case, the true owner may have practical difficulty producing evidence of the facts in the absence of clear documentation. Note, however, that if the land is registered and 12 years’

A wedding ceremony may create a valid marriage, a void or voidable marriage, or a ‘non-marriage’ (also referred to as a non-qualifying ceremony in Akhter v Khan). The decision of the High Court in Akhter v Khan was overturned by the Court of Appeal, but the summary at paras [7]–[8] of the different types of ‘marriages’ remains useful: ‘If the marriage is valid (either because it has been shown or is presumed to have been conducted in the UK and complied with the necessary laws here or it had been shown or is presumed to have been conducted abroad and complied with the necessary laws there) the husband and wife gain all the benefits that come with the legal status

As to the need to serve the relevant rule is CPR 55.10. As the Q&A suggests, it requires the lender ‘within five days of receiving notification of the date of the hearing by the court’ to send a notice to: • (a) the property addressed to “the tenant or the occupier”, • (b) the housing department of the local authority within which the property is located and • (c) any registered proprietor (other than the claimant) of a registered charge over the property (CPR 55.10(2)) That notice must state that a possession claim has been commenced; the name and address of the parties, together with the full

When A and B enter into a covenant controlling the use of freehold land owned by (or to be transferred to) B for the benefit of land retained or held by A, as a matter of contract it is directly enforceable. Where however either A or B transfers the interest in the respective plots of land, it is only if the rules relevant to the enforceability of freehold covenants in equity are satisfied that the covenant can be enforced. If A (as original covenantee) has transferred the interest in the benefitted land to C, then C can only enforce the covenant if it can be shown that it benefits that land and that the benefit of the covenant has been assigned. This latter requirement will usually occur automatically as a result of section 78 of the Law of Property Act 1925 (LPA 1925). If B

Construction analysis: With the ever present issues of price escalation, availability of materials and the general state of the world, it seems timely to address some of the key issues in dealing with insolvencies in the construction supply chain. Whilst lawyers are often accused of being ‘doomsday preppers’, according to the Insolvency Service the total number of construction firms becoming insolvent in the 12 months to March 2026 was 3,827. This article by Sean Cooley, associate at BCLP, pulls together a crash course list of key issues to consider where there may be insolvency in your construction supply chain through the lens of the employer.

Restructuring & Insolvency analysis: The High Court allowed an appeal and restored the order of the judge in the first instance permitting the appellant to serve a winding up petition out of the jurisdiction on a sub-fund in Luxembourg (the sub-fund). The sub-fund sat within an umbrella company comprised of a number of sub-funds whereby investors would purchase designated shares, their investment would be ring-fenced, and rights associated with these shares in liquidation would be limited to the assets of the sub-fund. The appellant invested in shares within the umbrella company designated to the sub-fund. In overturning the previous decision, the judge gave guidance on the correct test to apply when considering permission to serve a petition outside the jurisdiction and whether the sub-fund, as an unregistered entity, was capable of being wound up. Written by Kirsten Fulton-Fleming, a senior associate at Taylor Wessing LLP.

A party who has the intention to attend the hearing, must give written notice to the petitioning creditor or their solicitors, in accordance with Rule 7.14 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. If a person fails to give notice of their intention to attend the hearing under IR 2016, SI 2016/1024, r 7.14, they may only appear at the hearing of the petition

Pursuant to section 3(4) of the Charging Orders Act 1979, a charging order ‘shall have the like effect and shall be enforceable in the same courts and in the same manner as an equitable charge created by the debtor by writing under his hand’. Thus, a charging order provides,

We have previously answered a similar question in relation to a bankruptcy petition, see Q&A: How, if at all, does payment of part of the debt stated affect a statutory demand for the purpose of presenting a bankruptcy petition? We cannot see that the position is any different in relation to a winding-up petition; ultimately, where a statutory demand requires settlement of a specified sum of money and only part of that sum is paid, a balance remains payable (unless the sum paid is tendered—and accepted by the creditor—in full and final settlement, and/or the date for payment of the balance is

This note aims to: • provide practical guidance to creditors owed money by a distressed/insolvent company • explain the position of creditors in most types of corporate insolvency situations • provide advice on what a creditor can do to maximise their position if a company enters into formal insolvency proceedings—both before and during. This guide does not cover: • individual bankruptcies. See Practice Note: Creditors' bankruptcy petitions—grounds and documents required for presentation • partnerships. See General partnerships and insolvency—overview • the detail surrounding corporate insolvency processes • debt recovery options against live companies The fact that a company is insolvent and so unable to pay its debts as and when they fall due (as defined by the IA 1986, s 123) means that there will only ever be a limited pot of money available for all creditors, and it is the unsecured creditors which inevitably end up with little or no return (see Practice Note: Where the value breaks and negotiating strength). This guide

A debenture is a written agreement between a lender and a borrower giving security (whether by fixed or floating charge) over the assets of a company, and is registered at Companies House. Section 859A of the Companies Act 2006 (CA 2006) provides that a charge created by a company must be registered by the registrar provided that a CA 2006, s 859D statement of particulars is delivered to the registrar within a period of 21 days after the creation of the charge unless an order extending time has been made. The particulars required do not include the registered address of the company and therefore an error in a debenture referring