Council smallholdings tenancies under the Agricultural Holdings Act 1986 (AHA 1986) can attract statutory family succession rights in the usual way, but AHA 1986, s 38(4) carves out an important category where those rights are excluded altogether. In practice you have to ask in each case whether AHA 1986, Pt IV succession applies at all, and then whether AHA 1986, s 38 removes it. Do council tenants benefit from AHA 1986 succession rights? Succession under AHA 1986, Pt IV (AHA 1986, ss 36–48) is available only where the tenancy is an AHA tenancy to which those provisions ‘attach’, and where none of the statutory exclusions in AHA 1986, s 38 applies. A tenancy granted

Anti-social Behaviour, Crime and Policing Act 2014 Under section 43 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014), local authorities have the power to issue community protection notices (CPNs). Such notices can be issued by 'authorised persons' which are defined in ABCPA 2014, s 53(1) as: (a) a constable (b) the relevant local authority  (c) a person designated by the relevant local authority for the purposes of this section. The relevant

Schedule 8 to the Building Safety Act 2022 (BSA 2022) provides for circumstances in which no service charge, or limited sums, are payable by tenants in relation to works done to remedy (or reduce the risk of) 'relevant defects'. These are defined in BSA 2022, s 120 as: ‘...a

Section 79 of the Building Safety Act 2022 (BSA 2022) provides that the building safety regulator (BSR) can require the principal accountable person (PAP) for a building which is in scope to apply for a building assessment certificate. If so required, the PAP must make the application within 28 days and will be guilty of an offence if they fail to do so (without reasonable excuse). The application for the certificate must include the information set out in BSA 2022, s 80 and the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023, SI 2023/907. BSA 2022, s 81 provides that the BSR must give the certificate if satisfied that all relevant duties are being complied with. ‘Relevant duty’ is defined in BSA 2022,

At the time of publishing, the Master of the Rolls has issued three updates (numbers 116–118) which modify provisions of the CPR to reflect the impact of COVID-19, introducing three new practice directions, CPR PD 51Y, CPR PD 51Z and CPR PD 51ZA. None of these practice directions have modified any existing requirements in the CPR for personal service so it is safest to assume that all requirements

CPR 7.7 permits a defendant to request by notice, after a claim is issued, but before it is served, that the claimant serves the claim or discontinues it within a period specified by the defendant that must be at least 14 days after the notice. However, the rule does not

The Commercial Rent (Coronavirus) Bill was introduced to Parliament on 9 November 2021 and is currently progressing through the House of Lords. It is anticipated to become law on or before 25 March 2022. The second reading of the Bill in the House of Lords is scheduled to take place on 27 January 2022. Further amendments could be made to the Bill before it becomes law. The Bill provides that any rent and service charge arrears which have accrued due in respect of a business tenancy during periods of enforced closure are protected under the Bill and subject to a binding arbitration scheme. There are restrictions imposed on a landlord in respect of the action which can be taken to recover

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 distinguish between distance contracts, off-premises contracts and on-premises contracts. The client may have the benefit of cancellation rights if the retainer is a distance contract or off-premises contract. See Practice Note: Different types of cancellation rights—law firms. Off-premises contract The definition of off-premises contract has several alternatives: • contract concluded somewhere other than at your business premises in the simultaneous physical presence of you and the client • contract for which an offer was made by the client in your physical presence in a place somewhere other than at your business premises • contract concluded: ◦ at your business premises, or through any means of distance communication (eg telephone or email) or ◦ immediately after the client

Service contract A ‘service contract’ is defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 as a contract, other than a sales contract, under which a trader supplies or agrees to supply a service to a consumer and the consumer pays or agrees to pay the price. This covers contracts that are for services only. A definition of ‘service’ is not provided (except to state that it includes the supply of water, gas or electricity if they are not put up for sale in a limited volume or a set quantity, and the supply of district heating). However, examples provided in the Chartered Trading Standards Institute (CTSI) guidance on distance sales include contracts for the services of a personal trainer or lawyer. The Department

We refer you to Practice Notes: Consumer credit—essentials and What is credit and when is a credit agreement regulated? which provide an overview of the regulation of consumer credit following the move to the treatment of consumer credit as a regulated activity under the Financial Services and Markets Act 2000. We also refer you to the significant amount of commentary contained in ‘Goode: Consumer Credit Law and Practice’. In particular, we refer you to Division II, Part IIB, Chapter 5, Part II Credit Agreements, Hire Agreements and Linked Transactions. You will note that the section deals in some detail with the meaning of ‘credit’ and the two concepts at the heart

The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 apply to unfair commercial practices that occurred before 6 April 2025, when the replacement provisions of the Digital Markets, Competition and Consumers Act 2024 entered into force. For more information, see Practice Notes: • The Consumer Protection from Unfair Trading Regulations 2008 (pre-6 April 2025) [Archived] • Consumer protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024 A commercial practice may be a misleading action under CPUTR 2008, SI 2008/1277, reg 5, in two different ways. Either: • misleading information or presentation (CPUTR 2008, SI 2008/1277, reg 5(2)): it contains false information and is therefore untruthful in relation to any of the matters set out in CPUTR 2008, SI 2008/1277, reg 5(4) or if its overall presentation in any way deceives or is likely

Section 2(8) of the Consumer Rights Act 2015 (CRA 2015) defines goods and explains that: 'Goods' means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity. Further, CRA 2015, s 15, installation as part of conformity of the goods with the contract, states that: (1) Goods do not conform to a contract to supply goods if— (a) installation of the goods forms part of the contract, (b) the