We have assumed that the pension scheme concerned is a defined benefit scheme and that the former MND is a member of the scheme. Whether the former MND should first challenge the result of the MND election through the pension scheme’s internal dispute resolution procedure or complain directly to the Pensions Regulator depends on the nature and seriousness of the breach. Under section 10 of the Pensions Act 1995, the Pensions Regulator has the power to fine trustees for breach of the statutory requirement to put in place and implement arrangements which provide for at least one-third of the total number of directors of a corporate trustee to be MNDs under section 242 of the Pensions Act 2004,

See Q&A: What are the liabilities of partners following the dissolution

This is a ‘new’ lease under the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995). Accordingly, presumably the former tenant is liable for arrears under the terms of an authorised guarantee agreement (AGA) (in respect of which, see Practice Note: Lease covenants—liability after assignment of a lease or its reversion), and subject to the provisions of LT(C)A 1995, s 17 (which has been confirmed as not relevant to this Q&A, but in the event you do require further guidance in that regard, see Practice Note: Former tenants, guarantors and overriding leases). Discharge releases the bankrupt from all bankruptcy debts (section 281 of the Insolvency Act 1986 (IA 1986)). A bankruptcy debt includes any debt or liability

The categories of applicant Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) specifies the categories of people who are entitled to apply under I(PFD)A 1975 on the basis they have not received reasonable financial provision from the estate. These are: • a spouse or civil partner • a former spouse or civil partner who has not remarried or entered into a civil partnership • a cohabitant, defined in I(PFD)A 1975, ss 1(1A) and 1(1B) as someone who was living with the deceased as a spouse or civil partner for at least two years immediately prior to the death • a child of the deceased • a person treated by the

In answering this Q&A we assume that: • the lease expired before the landlord sold their reversionary interest, and • the landlord did not undertake any of the disrepair works before selling the reversion. If they did, the response will need to be reformulated Is the old landlord entitled to claim dilapidations, ie did the old landlord retain entitlement to claim dilapidations when they sold the reversion? On the assumption that the lease expired before the landlord sold their reversionary interest, the usual rules regarding transmission of the benefit of lessee covenants upon assignment of the reversionary interest may not apply in quite the same way because the lease will already have come to an end before the assignment. However, as a reminder, the usual position upon assignment of the reversion

GDPR The General Data Protection Regulation (GDPR) Regulation (EU) 2016/679 provides a framework to protect individuals with regards to the processing of personal data whilst promoting the free movement of such data. The Data Protection Act 2018 incorporates the GDPR into the Law of England and Wales. As such it applies to the handling of data in insolvency proceedings in this jurisdiction. For comprehensive information and an overview of GDPR regime, see: UK data protection law collection. GDPR and Insolvency Proceedings As stated in the question, section 312(2)(b) of the Insolvency Act 1986 (IA 1986) imposes a duty on the prior trustee in bankruptcy to deliver property and records to the new trustee in bankruptcy. It is important to note that this obligation has serious

This Q&A focuses on the definition of ‘single private dwelling’ and its interpretation. We have not been able to find any authority which directly addresses the question of whether a house in multiple occupation (HMO) would breach such a covenant. However, you may find the following useful. In the textbook 'Restrictive Covenants and Freehold Land: A Practitioners Guide', Andrew Francis, the construction of restrictive covenants is

For the purpose of this Q&A we have assumed that the buyer is an individual who is buying their first residential property. From 8 July 2020 to 31 March 2021, the SDLT nil rate band for acquisitions of residential property is £500,000 (increased from £125,000). This means that if an acquisition of residential property completes or is substantially performed between 8 July 2020 and 31 March

Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan? A covenant is an obligation to do (a positive covenant), or not to do (a restrictive covenant), a specified thing. Restrictive covenants will run with the land, but a positive covenant does not, so in order to bind a future owner of the land, there is usually an obligation to procure the execution of a new positive covenant upon sale, see Practice Note: Positive covenants—binding successors in title and Due diligence—positive covenants—checklist. A covenant to erect and maintain

Section 329(1) of the Highways Act 1980 defines a bridleway as a highway over which the public have a right of way solely on foot and on horseback or leading a horse, with or without a right to drive animals of any description along the highway. However, section 30 of the Countryside Act 1968 also provides that any member of the public shall have, as a right of way, the right to ride a bicycle on any bridleway, but must give way to pedestrians and persons on horseback. A bridleway is not a thing, but a right, and gives the public at large the right to use the bridleway, despite it forming part of privately owned land. Section 34(1)(b) of the Road Traffic Act 1988 (RTA 1988) makes

This Q&A assumes that the demise included the land and airspace, such that the sub-tenanted houses are within the demise. The Landlord and Tenant Act 1985 (LTA 1985) regulates service charges for residential properties. LTA 1985, s 18(1) provides that: '"service charge" means an amount payable by a tenant of a [dwelling] as part of or in addition to the rent— (a) which is payable, directly or indirectly, for services, repairs, maintenance[, improvements] or insurance or the

Charging of part of land often presents an issue for funders. The central concern is whether, on enforcement, the funder would be able to sell off part of the land itself with all necessary easements. It is not possible where land is in common ownership to create any relevant easements in advance. This is because two of the essential characteristics of an easement are that there must be a dominant and servient tenement, and the dominant and servient owners must be different people, see Practice Note: Easements—nature