Where a seller has contracted to sell a property with vacant possession, they will be in breach of contract for failing to deliver up vacant possession on completion of the sale. Vacant possession means clear of all people and goods to allow the other party to enjoy immediate and exclusive possession. For example, in NYK Logistics (UK) Ltd v Ibrend Estates BV, the Court of Appeal found that a tenant had failed to provide vacant

There are certain situations where the tenants do not have the right of first refusal. Section 1 of Landlord and Tenant Act 1987 (LTA 1987) does not apply where the freehold is held by a resident landlord. LTA 1987, s 58(2) a tenant has a resident landlord where: • the premises let form part of a building, and that building is not a purpose-built block of flats; • the landlord lives in other

For a description of the residence nil rate band (RNRB) and the conditions for it to be claimed, see Practice Note: IHT—residence nil rate band. In a similar way to the transferable basic NRB (see Practice Notes: IHT—nil rate band (NRB) and transferable NRB and IHT—calculation of nil rate band and transferable NRB), estates may also benefit from a transferable RNRB (known formally as the brought forward allowance) of unused percentage of the RNRB allowance from the estate of a predeceased spouse or civil partner. The transferable RNRB applies where a person who dies on or after 6 April 2017 has survived at any time one or more spouses or civil partners. It is based on the unused proportion of the RNRB at the time of the first death, calculated as follows: • identify the actual amount of unused RNRB at the time

Restructuring & Insolvency analysis: In the seventh of a series of guides highlighting areas of legislation that may not fall within the everyday work of insolvency practitioners, Patrick Cook, a partner and head of the Corporate Turnaround and Insolvency team, and Huw Cooke, a senior associate in the Employment team of Burges Salmon LLP, offer guidance on the law surrounding gangmasters.

Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (IA 1986) follows on from IA 1986, Sch B1, paras 42 and 43 and it is these paragraphs that set out the terms of the moratoria that apply in administrations, either on filing of a notice of intention to appoint administrators (NOI) or on appointment of an administrator. Your query does not give any information about the type of claim involved. The effect

The adjournment at short notice of court hearings is a source of extreme frustration and usually financial hardship for litigants. Where a case is vacated at the last minute, which has become increasingly frequent due to the shortage of district and deputy district judges and the coronavirus (COVID-19) pandemic, a litigant will have spent significant sums to engage counsel and for the preparation of the hearing. This is particularly problematic in family proceedings where the general outcome is that each party bears their own costs. HM Courts & Tribunals Service (HMCTS) does not offer compensation in circumstances where a case is vacated at short notice, and there is no formal application process for such compensation.

This question raises the nature of the duty which arises upon the transfer of the reversion in a tenancy of premises which are or include a dwelling. It flows from section 3 of the Landlord and Tenant Act 1985 (LTA 1985). The new landlord must give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period

We have assumed that the residential part of the property is not intended to be used less than four months a year. The regulations governing energy performance certificates (EPCs) are the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118 (as amended) and the Building Regulations 2010, (Building Regs 2010) SI 2010/2214, which implement the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU, (recast EPBD directive). The EPC Regs 2012 apply to all buildings across England and Wales. The EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is based on a complex calculation,

There is nothing to stop the parties agreeing the fit-out works provisions in the lease, however, this is unusual in practice, even on the grant of a new lease. For example, where a lease is for a medium to long term, the inclusion of plans and other supplementary material (which would otherwise form the basis of a licence for alterations) may unnecessarily clutter a lease which may very well be assigned in the future and would

Where a buyer already has occupation of premises under a different interest (for example, when the purchase is of a freehold and the buyer is a tenant), HMRC considers substantial performance is not triggered at the time of

On the merits describes a court or tribunal deciding a case by assessing the parties’ substantive legal rights and obligations, rather than disposing of it on a purely procedural or technical basis (for example, for being out of time or for lack of jurisdiction). A decision on the merits involves consideration of the relevant facts, evidence and applicable law and results in a determination of liability, entitlement to a remedy, or other final outcome.Across England and Wales, Scotland, Northern Ireland and Ireland, the expression is widely used in civil, criminal and public law proceedings, including judicial review, appeals and interlocutory applications. It is generally a descriptive, common-law expression rather than a term exhaustively defined in legislation, though it appears in case law and procedural rules when distinguishing between substantive and procedural determinations.A judgment or order stated to be “on the merits” is significant for issues such as res judicata, cause of action estoppel, abuse of process, and whether an appeal lies as of right. By contrast, a dismissal not on the merits usually leaves the underlying claim capable, in principle, of being re-brought or reconsidered, subject to limitation and procedural bars.

The purchaser could choose to claim stamp duty land tax (SDLT) multiple dwellings relief (MDR) or not. Two calculations should be done to determine whether it would be sensible to claim the relief. The calculations should not be sensitive to the purchaser’s ownership of additional residential properties for a reason that will be explained below. The first option is to pay tax at the non-residential (or mixed) rates