What do the documents say? The first step will be to review the existing documents to check whether the increase is clearly contemplated by the drafting. The two definitions that are likely to be most relevant are: • 'secured obligations' (or equivalent)—the secured obligations may be an all moneys obligation (ie an obligation to repay all indebtedness owed by one or more parties to the lender at any time) or a specific moneys obligation (ie an obligation to repay indebtedness owed by one or more parties under a specific facility agreement or a specific set of finance documents), and • the definition of 'facility agreement' and/or 'finance documents' (if the document is 'specific moneys' rather than 'all moneys')—these

This Q&A refers to the Land Registration division of the Property Chamber (First-tier Tribunal) (the FTT). The FTT derives its jurisdiction from the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) and is governed by its own rules and procedure under the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169 (Property Chamber Rules 2013) and various Practice Directions, including the Land Registration Practice Direction. For further information, see Practice Note: The First-tier Tribunal (Property Chamber)—practice and procedure. Costs Under TCEA 2007, s 29(1)(a) the costs of, and incidental to the FTT proceedings are awarded at the discretion of the FTT, which has jurisdiction to

Recording a rent review The importance of recording an agreement on the amount of rent review is stated in Hill and Redman’s Law of Landlord and Tenant as follows: • 'When the reviewed rent is determined, its proper recording is as important as the recording of the rent initially payable under the lease • The means of the determination of the reviewed rent may take a number of

You must not use a client account to provide banking facilities to clients or third parties. Payments into, and transfers or withdrawals from a client account must be in respect of the delivery by you of regulated services. The SRA takes breaches of this rule very seriously. In part because of the risk of money laundering or insolvency issues, but also because operating a banking facility is objectionable in itself (Fuglers v SRA (QB)). The SRA published a warning notice in December 2014, updated in August 2018, highlighting some of the issues it has been encountering in relation to this rule. The warning notice is accompanied by numerous case study examples. The fourth SRA case study considers a scenario

What is a rentcharge? A rentcharge is created by a deed, or by will, and charges the land with a rent. There is no right for the person with the benefit of the rentcharge to the reversion of the land in default of payment, but the land is charged with a distress. See Practice Note: Rentcharges—apportionment, termination and enforcement. It is no longer possible to create a rent charge, unless one of the very limited circumstances in section 2(1) of the Rentcharges Act 1977 (RcA 1977) exists. What is an easement? An easement is a right to cross or otherwise use someone else's land for a specified purpose. The easement is itself a real property interest, but legal title to the underlying

We presume that the tenancy agreement is an assured shorthold tenancy. For your information, we have not found authority in Housing legislation that there any prohibition on passing to the tenant the landlord’s legal costs in granting the tenancy. However, please note that the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) will apply where the landlord is acting in the course of a business and the tenant is acting outside the course of their business (R (Khatun) v Newham London Borough Council [2004] EWCA Civ 55). The Office

As an alternative to the removal of trustees by court order, it is well established that removal may be effected pursuant to the exercise of an express power contained in the trust instrument. For those purposes, before the exercise of the power the following must be considered: • Whether proposed removal is within the scope of the authorisation given in the power; • If so, what are the specific requirements and modes for the exercise of the power, and to follow them; and • Should the power in fact be exercised as proposed? The first question to ask is whether on the true construction of the power the settlor in this case would in fact

Ordinarily where an adopted person wishes to access their birth records, they can do so, provided that they are aged over 18. Where the adopted person knows their birth details, a copy of the original birth certificate should be available from the General Register Office (GRO). Where birth details are not known, an application can be made for birth certificate information before adoption. However, it appears that the GRO has no details for this client. It appears that the adoptive mother of the client in this scenario has

A Larke v Nugus letter is a request to solicitors or other professionals who drafted a will to provide information on the circumstances at the time of the drafting of that Will, and is commonly made where there is a putative challenge to the validity of the Will, on grounds for example of testamentary capacity, want of knowledge and approval, undue influence or fraudulent calumny. It will usually be accompanied by a request for a copy of the Will file, together with the posing of specific questions in respect of, for example, capacity

This Q&A covers the rules on total and partial intestacy and the powers of personal representatives. Intestacy In regards to the question of whether the estate is intestate, see Practice Notes: Intestacy—beneficial entitlement and Partial intestacy. You

The decision as to the basis on which to engage individuals seeking work experience opportunities will be dictated by a number of factors including what the organisation can offer, what it hopes to gain from offering such opportunities and whether or not the individuals will be paid. An organisation may offer any or all of the following arrangements: • work experience: a temporary work placement with a company or organisation where an individual spends a limited time to learn directly about the work and the particular industry. Although such placements are more common in smaller firms and charities, larger organisations do offer work experience, in particular media, marketing and PR organisations where it is the accepted first step on the ladder. A limited number of tasks may be performed, but generally the placement provides an opportunity for the individual to watch and learn. Most work experience opportunities are aimed at those of compulsory school age • volunteering:

There are six potentially lawful grounds for processing personal data under the UK GDPR: • the data subject has given consent to the processing of their personal data for one or more specific purpose • processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract • processing is necessary for compliance with a legal obligation to which you are subject • processing is necessary to protect the vital interests of the data subject or another natural person • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in you • processing is necessary for the purpose of the legitimate interests pursued by you or a third party, except where such interests are overridden by the interests