Refine By
Clear all filter
About 92778 results for "*"
PRACTICE NOTES
This Practice Note covers the changes to occupation of residential properties in Wales brought about by the Renting Homes (Wales) Act 2016 (RH(W)A 2016). It sets out the different terminology used in RH(W)A 2016, the grounds on which a standard occupation contract may be terminated, any pre-conditions which must be complied with before a landlord can serve a valid notice to terminate, the process for terminating a standard occupation contract and the form and service of notices under RH(W)A 2016. It also covers possession proceedings under CPR Part 55. Note that this Practice Note relates only to standard occupation contracts. For guidance on termination of secure contracts, see Practice Notes: Renting Homes (Wales) Act 2016—when are occupation contracts secure? and Renting Homes (Wales) Act 2016—terms of secure contracts. Terminology under the Renting Homes (Wales) Act 2016 RH(W)A 2016 introduced terminology which is different to that used in other housing-related legislation: Terminology used in other housing—related legislation   Terminology in RH(W)A 2016   lease, licence or tenancy agreement  occupation
PRACTICE NOTES
FORTHCOMING CHANGE: The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance regarding the Act’s impact on residential tenancies in Wales, see Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note covers the terms specific to secure occupation contracts under the Renting Homes (Wales) Act 2016 (RH(W)A 2016). These include variation of secure contracts, withdrawal of a joint contract holder, dealing with a secure contract by way of transfer to other secure contract holders or potential successors and termination of secure contracts. It should be read in conjunction with Practice Note: Renting Homes (Wales) Act 2016—when are occupation contracts secure? which covers: • when occupation will be in accordance with a secure contract (including the definition of community landlord), and • when occupation contracts made with community landlords can be standard contracts (such as introductory standard contracts and prohibited conduct standard contracts) Objectives of RH(W)A 2016 On 1 December 2022, RH(W)A 2016 came into force. It represented a significant change for the regulation of housing
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Renting Homes (Wales) Act 2016 (RH(W)A 2016) came into force on 1 December 2022. On that date, existing residential tenancies and licences (unless specifically excluded by RH(W)A 2016) converted to either secure or standard occupation contracts. This Practice Note looks at the transitional provisions under RH(W)A 2016, Sch 12, and the Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (the Transitional Regulations 2022), SI 2022/1172, which govern the conversion of existing tenancies into occupation contracts. It considers the status of tenancies and licences which were in existence on 1 December 2022, the terms of those tenancies and licences and the methods of terminating them. Status of existing tenancies and licences—converted contracts On 1 December 2022 the following types of occupation of a residential property in Wales were abolished: • an assured tenancy (AT) (including an assured shorthold tenancy (AST)) • a secure tenancy • a restricted contract • a protected shorthold • an introductory tenancy • a demoted tenancy Existing
PRACTICE NOTES
FORTHCOMING CHANGE: The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance regarding the Act’s impact on residential tenancies in Wales, see Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note looks at when an occupation contract under the Renting Homes (Wales) Act 2016 (RH(W)A 2016) will be a secure contract. It looks at the definition of community landlord and considers when a community landlord may enter into a standard contract (such as an introductory standard contract or a prohibited conduct standard contract). It should be read in conjunction with Practice Note: Renting Homes (Wales) Act 2016—terms of secure contracts which covers: variation of secure contracts, withdrawal of a joint contract holder, dealing with a secure contract by way of transfer to other secure contract holders or potential successors, and termination of secure contracts. Further content on RH(W)A 2016 can be found in Practice Notes: Renting Homes (Wales) Act 2016—a summary of the key provisions and Renting Homes (Wales) Act 2016—model written
PRACTICE NOTES
CASE HUB NOTE–appeal lodged by third party (Personnel Hygiene Services Limited) against CMA’s decision to accept Final Undertakings to implement remedies ARCHIVED–this archived case hub reflects the position at the date of the decision of 25 January 2019; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the completed acquisition by Rentokil Initial plc of Cannon Hygiene Limited. The transaction involves horizontal overlaps in markets for the supply of washroom products and services. Latest developments On 25 January 2019, the CMA issued its final report in its phase 2 investigation and cleared the transaction subject to remedies. The CMA found that the transaction led to an SLC in relation to the supply of waste disposal services at a national and multi-regional level. In terms of remedies, the CMA has decided that Rentokil Inc plc and Cannon Hygiene Limited must sell all contracts with customers that have premises nationally and across multiple regions who were serviced by Cannon Hygiene Limited prior to the transaction. These contracts are required to be sold to a different company
NEWS
Law360: Rentokil failed to make reasonable adjustments for its employee with multiple sclerosis when it declined to offer him a trial period in a less physical role before dismissing him, the Employment Appeal Tribunal (EAT) has ruled.
GLOSSARY
A document providing for the agreed surrender of a lease between the landlord and the tenant
PRACTICE NOTES
Default position Bilateral surrender (or renunciation as it is referred to under Scots law) is the method by which a tenant gives up its rights under a lease. This can be done either through express agreement between the parties or with the acquiescence of the landlord (which will imply a discharge of claims against the tenant). The law in this area applies to both residential and commercial leases. In relation to Agricultural tenancies, see Practice Note: Resumption of agricultural holdings in Scotland and partial notices to quit. Unilateral renunciation of leases by either party is not permitted under Scots law. Renunciation can be distinguished from: • abandonment where the tenant justifiably rescinds the contract because of a material breach of contract by the landlord (see: Rescission or abandonment: Stair Memorial Encyclopaedia [200]) • abandonment where the tenant unjustifiably repudiates the contract and deserts the subjects (see: To Remain in Possession: General: Stair Memorial Encyclopaedia [175]). If renunciation does not take place by agreement but amounts to an abandonment, the landlord is presumed not to have
FLOWCHARTS
This flowchart illustrates the scenarios in which an executor may renounce probate and the impact this will have on the administration of the estate and who else may
GLOSSARY
A concept of conflict of laws or private international law (PIL) rules. Broadly, it means that a reference to a law of a country includes its conflict of laws rules.
PRACTICE NOTES
This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary repairs, interim dilapidations, remedies for breach of repairing obligations by either landlord or tenant, the extent of repair obligations and the obligation to make payment in respect of repairs upon termination of a commercial lease. For main judicial and non-judicial remedies in the context of landlord and tenant disputes in Scotland generally, see Practice Note: Landlord and tenant disputes in Scotland—remedies. Interpreting repair obligations in commercial leases The repair clause within a lease will set out the respective liabilities and obligations of the landlord and tenant in respect of the premises let and any common parts of the property, of which the premises form part. In practice, parties and their solicitors will negotiate the apportionment of liability for repairs, and clear wording is required to transfer liability for repairs from the landlord to the tenant. Care should also be taken when defining the scope of the premises let and the
PRACTICE NOTES
This Practice Note looks at the nature of repair and maintenance contracts, how they are used and the different types of such contracts: term contracts and contracts for specific, pre-defined works. It looks at particular considerations that need to be taken into account in respect of repair and maintenance construction contracts and at the standard forms that might be used by an employer to appoint a contractor for this type of work. The term ‘repair and maintenance contract’ could be used to refer to: • a contract for a specific project involving pre-defined repair and maintenance work to be carried out by the appointed contractor (referred to, in this Practice Note, as an ‘R&M contract’), or • a programme of, as yet undefined (or defined only by type), repair and maintenance works that are to be carried out by the appointed contractor, upon instruction to do so, over a specified time period (usually several years) across a number of properties. This type of contract might be referred to as a measured term contract or term contract (for