Prohibition on underletting generally An absolute prohibition on underletting is a clause contained within the headlease that prevents the headlessee from allowing the premises to be underlet (often referred to as a sublease), meaning that the headlessee cannot create an interest in its lease which is then let by it to a subtenant. Some leases will contain conditional or qualified prohibitions against underletting, requiring the consent of the superior landlord. In such circumstances, section 1(3) of the Landlord and Tenant Act 1988 (LTA 1988) imports

Where a husband and wife are living together, that is they are not they are separated under a court order, a deed of separation or are otherwise separated in circumstances where it is likely to be permanent (see section 288(3)of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)), any disposals made between them will be made for deemed consideration

The higher rates will apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser owns an interest in another dwelling which has a market value of £40,000 or more and is not subject

In this scenario, a property was held by a sole proprietor (following the death of their co-owner), and the sole owner then became bankrupt. As the legal title to the property can only be held as joint tenants, the legal title will have passed to the surviving owner on the death of the co-owner so that they held the legal title alone. On bankruptcy, the bankrupt’s estate vests in the trustee in bankruptcy by virtue of section 306 of the Insolvency Act 1986 (IA 1986) ‘without any conveyance,

This Q&A assumes that: • the reference in the question to the 'ex wife' is a reference to the separated wife, as there is no mention of a divorce in the question and the question refers to the no gain/no loss treatment for capital gains tax, which does not apply to transfers between persons who are not married • the transfer of beneficial interest from husband to wife was made after the last day of the third tax year after the tax year in which the husband and wife

Mutual Wills Mutual Wills are Wills executed by at least two individuals as a consequence of an agreement between the parties to create irrevocable interests in favour of ascertainable beneficiaries. Re Dale provides: 'The doctrine of mutual wills is to the effect that where two individuals have agreed as to the disposal of their property and have executed mutual wills in pursuance of the agreement, on the death of the first (“the first executor”) the property of the survivor (“the second testator”), the subject matter of the agreement is held on implied trusts for the beneficiary named in the Wills. The survivor may thereafter alter his will, because a will is inherently revocable,

It has long been the position in financial remedy proceedings that 'formal agreements, properly and fairly arrived with competent legal advice, should not be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding the parties to the terms of their agreement' (Edgar v Edgar). This principle has only been strengthened by the increased weight now placed on party autonomy in relation to pre-marital agreements since Radmacher v Granatino. Where an agreement has apparently been reached and one party seeks to resile from it in subsequent divorce proceedings, it is possible to make an application to the court for an order

Under section 37 of the Law of Property Act 1925 (LPA 1925), married persons are to be treated as separate persons for the purposes of ownership of property. That means that the usual rules of joint ownership under a trust apply, whether they own as joint tenants or tenants in common, pursuant to LPA 1925, s 36. Section 6(1)(b) of the Leasehold Reform Act 1967 (LRA 1967) states

We have assumed that the person who is residing in the care home is a permanent resident in the care home and not a temporary resident. The means testing rules for the provision of care services by a local authority are set out in regulations made pursuant to section 14 of the Care Act 2014. The Care and Support (Charging and Assessment of Resources) Regulations 2014, SI 2014/2672, Sch 2, specifies categories of capital which are disregarded in an assessment of a claimant’s resources. In the paragraphs below, we refer to the Care and Support (Charging and Assessment

We have assumed that the husband’s interest in possession was an immediate post death interest The practice of HMRC when valuing an individual’s interest in property under a tenancy in common is to apply a discount to the value of the deceased’s share in the property. This is due to the difficulties in selling a share in a jointly-owned property. ‘As a matter of practice, the nature of jointly-owned property results

Where parties divorce, the court has significant powers to make orders relating to the division of matrimonial assets as set out in the Matrimonial Causes Act 1973 (MCA 1973). However the powers of the court extend only so far as is permitted under MCA 1973, and only as between the parties to the proceedings. The court cannot make effective orders binding a third party who is not also a party to those proceedings. Where there is a dispute over the true ownership of an asset, whether by way of a claim by a third party or against a

In answering this Q&A, we have assumed that husband and wife are joint tenants and that wife has registered the lasting power of attorney and has the authority under it to sign documents on behalf of husband. HM Land Registry will require evidence of the original Office of the Public Guardian certified power so they can be satisfied that the document binds the individual on whose behalf it was signed. They will check that the power of attorney: • was validly executed as a deed • was still in force at the date of the document • authorised the attorney to take the action