This Q&A has assumed that the individual in question does not have capacity to revoke the LPA. The court has power under section 22(4)(b) of the Mental Capacity Act 2005 (MCA 2005) to revoke a lasting power of attorney where any of the conditions set out in MCA 2005, s 22(3) are satisfied.

This exact point was addressed in the case of SG, Re [2022] EWCOP 55. This case involved a jointly owned property in which one of the husband and wife co-owners, P, had lost capacity. A property and affairs deputy (IMTC) was appointed for P and the deputyship order contained a fairly standard provision at paragraph 2(c) explicitly prohibiting the deputy from selling freehold or leasehold property in which P had a beneficial interest without obtaining further authority from the court. In preparation for sale of the property, P’s wife, in her capacity as the continuing trustee of the property, obtained a court order (the Trustee Act order) granting her permission pursuant to section 36(9) of the Trustee Act 1925 to appoint

What is smart metering? For an introduction to what smart meters are, see also Practice Note: What is a smart meter? GB’s licensed electricity and gas suppliers are required by their supply licenses to ensure all reasonable steps are taken to roll out smart meters to domestic and small business customers. The roll out of smart meters is expected to reduce customers’ energy bills, while increasing energy efficiency and making it easier to change energy supplier. For a detailed overview of the timeline for rolling out smart meters in GB, the regulation of the smart metering roll out and the way in which energy suppliers typically structure and finance transactions to facilitate this roll out, see Practice Note: Smart metering regulation and smart metering projects. What are the key organisations in the GB smart metering market? Name Role Capita plc (Capita) Capita plc is the ultimate owner of the initial smart metering communications licensee, Smart DCC Limited (for more on which, see below). Capita is a business

An agent may sign and serve a notice to quit provided they are duly authorised to do so at the time. The agent's role (and the fact that they are authorised) should be made

Case study An agreement for lease provides that on the grant of the last lease in a development the developer will transfer the freehold in the development to a company owned and run by the tenants or as many of them agree to become members and/or directors of the company. The transfer took place, but one tenant was not included as a member of the company. The developer’s solicitor then serves a notice under section 5 of the Landlord and Tenant Act 1987 (LTA 1987) (section 5 notice) on the tenant, asking if they wish to become a member. Subject to a number of exceptions not on the face of it relevant here, any such disposal will require

At this time, we do not have any material that covers the specific point raised in this Q&A. Allotments, smallholdings and gardens: Encyclopaedia of Forms and Precedents Vol 2(3) covers allotments in detail, but contains very little in respect of allotments that are not owned by a local authority. However, the following material may be considered useful when considering such a question. The Allotment Acts It seems that the various Allotment Acts 1908 to 1950 (ie the Small Holdings and Allotments Act 1908; the Land Settlement (Facilities) Act 1919; the Allotments Act 1922; the Allotments Act 1925; the Small Holdings and Allotments Act 1926; sections 5

It is likely that the plots will be covered by some sort of new homes guarantee, for example NHBC Buildmark Cover (see Practice Note: New home warranties). Buildmark provides that if, due to insolvency, the builder does not start building or converting the plot or fails to finish it, the NHBC will generally reimburse the money the home owner has paid to the builder for a home that

Section 38 agreements are governed by section 38 of the Highways Act 1980, see Practice Note: Highways—adoption agreements. There is no statutory process pursuant to which such an agreement can be terminated or ‘cancelled’. In principle, existing section 38 agreement can be varied by deed of variation, but would require the consent of all parties to the original agreement. It is to be noted that the substantive obligations in section 38 agreements are usually drafted to be triggered only upon the redevelopment of the site commencing—in

Under section 38A(1) of the Landlord and Tenant Act 1954 (LTA 1954): ‘...the persons who will be [emphasis added] the landlord and the tenant in relation to a tenancy to be granted for a term of years certain which will be a tenancy to which this Part of this Act applies may agree that the provisions of sections 24 to 28 of this Act shall be excluded in relation to that tenancy.’ A combination of LTA 1954, s 38A(3) and the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (RRO 2003), SI 2003/3096, prescribe the steps that

Under section 278 of the Highways Act 1980 (HiA 1980), a highways authority can enter into an agreement with a developer to facilitate development on adopted public highway. Under the agreement, the works may be carried out by the developer, or the agreement can be used as a funding mechanism for the highway authority to carry out the works. A section 278 agreement is often linked to a planning permission and associated agreement made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990), but this is not necessarily the case. HiA 1980, s 278 says the highway authority may enter into an agreement with 'any person'—usually the developer of the associated

We are not aware of any form of ‘private street agreement’ for this purpose. Under section 203 of the Highways Act 1980 (HiA 1980), ‘private street’ means a street that is not a highway maintainable at the public expense. If the road is to remain

Part I to the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when he proposes to dispose of it. For further information, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. Application Under LTA 1987, ss 1–20, the right of first refusal applies where premises: • consist of the whole or part of a building • contain two or more flats held by qualifying tenants, and • the number of flats held by qualifying tenants exceeds 50% of the total number of flats contained in the premises For further information, see Practice