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Q&As
In the case of a bare plot of land upon which nothing has been built, no notice need be served. If it is a case of a building which is intended to be occupied as a dwelling, but is in fact vacant, then a notice must be served. The Commonhold and Leasehold Reform Act 2002, s 166 (CLRA 2002) requires a landlord to serve notice upon a tenant under a long lease of a dwelling specifying certain information. If he fails to do so, then the tenant is not liable to make payment. The notice must specify the amount of payment and the date on which the tenant is liable to make it. Importantly, the date upon which payment is liable to be made must not be either less than 30 days or more than 60 days
Q&As
The answer below makes reference to section 175 of the Housing Act 1996 (HA 1996) for cases in England but the equivalent provisions on the definition of homelessness and the test of securing entry for cases in Wales is found in section 55(1)(a)–(c) of the Housing (Wales) Act 2014 (H(W)A 2014). Where someone makes an application to the the local housing authority for homeless assistance under HA 1996, Pt 7 a primary issue will be to consider whether they are deemed legally homeless. The test for homelessness is under HA 1996, s 175. For a person not to be homeless there must be accommodation available which they are entitled to occupy (HA 1996, s 175(1)) and which it would be reasonable for them to continue to occupy (HA 1996, s 175(3)) and to which they can secure entry (HA 1996, s 175(2)(a)) (and if it consists of a movable structure, vehicle or vessel designed or adapted for human habitation
Q&As
Under section 181 of Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), an employer that recognises a trade union must, for collective bargaining purposes, and in relation to descriptions of workers, disclose certain information to representatives of that union on request. The information that must be disclosed is all information relating to the employer’s undertaking (including information about the use of agency workers) that is: • information without which the union
Q&As
Section 19(1)(b) of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) provides that the power of the beneficiaries to remove a trustee under TOLATA 1996, s 19 only applies where the beneficiaries under the trust are of full age and capacity, and (taken together) are absolutely entitled to the property subject to the trust. Beneficiary is defined in TOLATA 1996, s 22(1) as: ‘…any person who under the trust has an interest
Q&As
For the purposes of this Q&A, it has been assumed that the question is are referring to the Insurable Interest Bill dated June 2018. In conducting our research we have focussed on the Insurable Interest Bill dated June 2018. For this answer, we refer you to the following resources: • June 2018 Draft Insurable Interest Bill • June 2018 Accompanying notes to the draft Insurable Interest Bill Under section 2(1) of the draft Insurable Interest Bill, does there need to be a life insured at the outset of the Policy to be valid? Section 2(1) of the draft Insurable Interest Bill (the Bill) states: ‘A contract of life-related insurance is void unless at the time the insured enters into it the insured
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for security of tenure for business tenancies (save those excluded by LTA 1954, ss 43 or 43ZA) unless there has been a specific opt-out from those provisions (ie contracting out). This means that rather than coming to an end after the expiration of the term the tenancy will continue and either the landlord or the tenant can apply to the court for an order for the grant of a new tenancy provided that the landlord has given notice under the LTA 1954, s 25 statutory procedure or the tenant has made a request for a new tenancy in
Q&As
Under section 27J(4) of the Employment Rights Act 1996 (ERA 1996), where: • an employer receives a request from a worker under ERA 1996, s 27J(3) for records of how qualifying tips, gratuities and service charges have been dealt with in relation to a place of business of the employer, and • the employer is required (by ERA 1996, s 27J) to maintain those
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for statutory security of tenure for most business tenancies. As a result a tenancy does not expire by effluxion of time but continues and either the landlord or the tenant can apply to the court for the grant of a new tenancy. The landlord can terminate the tenancy only through following the procedure as set out in LTA 1954. LTA 1954, s 37 provides for the payment by the landlord to the tenant of
Q&As
This Q&A has been drafted assuming the following: • the testator was domiciled in a part of the UK at the time of death, and • the non-UK situs property constitutes personalty and is vested in the personal representative (PR) as a matter of English law PRs may appropriate
Q&As
The precise wording of section 48 of the Landlord and Tenant Act 1987 (LTA 1987) is that ‘a landlord of premises to which this part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant’. Failure to comply with this provision means that any rent, service charge or administration charge that would otherwise fall due will not be treated as due for so long as no address is provided. There is no specific requirement that the address provided pursuant to LTA 1987, s