In Practice Note, it says ‘salary may be paid in the UK or abroad’. Does this mean that a sponsored worker can be paid through an overseas group company and not through the UK sponsor? The standard position envisaged under the worker sponsor regime is that a UK sponsor is the employer of the sponsored worker as is stated in paragraph L1.1 of Workers and Temporary Workers—guidance for sponsors part 1: apply for a licence: ‘If you wish to employ a person who is not a settled worker, or who does not otherwise have immigration permission to work for you in the UK, you will need

The USA and the UK are both contracting states to the Hague Service Convention. This sets out a service regime for the service of both judicial and extrajudicial documents between contracting states. For general information, see Practice Note: Hague Service Convention—scope, application and methods of transmission. It is important to be aware that while the convention covers a number of different methods for service of documents, contracting states may make reservations, declarations or notifications as to the application of the convention for service in their country. This information is available in the HCCH website—status table. Each contracting state is listed and where it has made a reservation, declaration or notification this is provided as a hyperlink which will take you through to a page with detailed information. The page detailing the UK’s declaration is available here. The UK has not made any declarations in relation to Article 10(a)

The Hedgerows Regulations 1997 (HR 1997), SI 1997/1160, reg 6(1)(e) states that the removal of a hedgerow to which HR 1997, SI 1997/1160 apply is permitted if it is required for carrying out development for which planning permission has been granted. HR 1997, SI 1997/1160 do not define planning permission for this purpose, and are silent

The right to buy Part V of the Housing Act 1985 (HA 1985) makes provision for council tenants to be able to exercise the right to buy their council property. HA 1985, s 183(2) defines the term 'house': 'dwelling-house is a house if, and only if, it (or so much of it as does not consist of land included by virtue of section 184) is a structure reasonably so called; so that— (a) where a building is divided horizontally, the flats or other units into which it is divided are not houses; (b) where a building is divided vertically, the units into which it is divided may be houses; (c) where a building is not structurally detached, it is not a house if a material part of it lies above or below the remainder of the structure.' Thus, a dwelling-house

Under the JCT Intermediate Sub-Contract 2011, retention monies are released to the Sub-contractor as part of the ‘last interim payment’ (see clauses 4.9.4.2 and 4.10.1). The default position is for the Final Release Date to trigger the due date for the last interim payment. However, the position is different if, at the Final Release Date: • practical completion of the Sub-Contract

A contractor may be entitled to an extension of time due to coronavirus where, for example: • labour supply is affected • material supplies are delayed by supply chain issues affected by overseas governments exercising statutory powers • the site is closed partially or wholly or restrictions are placed • government exercise of statutory powers The terms of the contract will determine the routes available to a contractor. This Q&A looks at the provisions in the two forms most commonly used in the United Kingdom—the JCT contracts and NEC contracts. JCT contracts Under the JCT Standard Building Contract 2011/2016 there are three possible avenues for a contractor to make a claim for an extension of time: Force majeure ‘Force majeure’ is not defined in the standard JCT contract (it is advisable to check any schedule of amendments for a definition) but does constitute a ‘Relevant Event’. So long as the

The Landlord and Tenant Act 1987 (LTA 1987) provides qualifying tenants with the right of first refusal where a landlord of premises comprising a number of flats wishes to make a disposal affecting the whole or part of the premises. In such circumstances, the landlord is prohibited from making a disposal affecting the premises unless the landlord has first served all (or virtually all) the qualifying tenants of the flats in the premises with a Section 5 Notice pursuant to the LTA 1987. The following questions should be considered in determining whether a Section 5 Notice is required: • Does the Act apply to the premises? • Is the landlord a landlord for the purposes of the Act? • Are there sufficient qualifying tenants? • Is the proposed transaction a relevant disposal? We have insufficient

It is helpful to consider first the meaning of qualifying tenant under the Landlord and Tenant Act 1987 (LTA 1987). By LTA 1987, s 3(1), it is a tenant whose tenancy is not either a protected tenancy under the Housing Act 1980 (HA 1980), or protected by the Landlord and Tenant Act 1954, or one which can be brought to an end as a term of employment or an assured tenancy under HA 1980. For most practical purposes, it will be a tenant under a long lease (although unlike other Acts giving rights to residential tenants, there is no minimum term requirement) rather than a short lease at a monthly rent. This is, however, a simplification and the specific provisions under LTA 1987, s 3(1) should be consulted. A person who holds three or more tenancies (falling within the definition) of flats within the same building

The Landlord and Tenant Act 1987 (LTA 1987), Part I gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. The right is framed in negative terms, prohibiting the landlord from making a relevant disposal without first serving a notice under LTA 1987, s 5 (commonly referred to as a ‘s 5 notice’) on the qualifying tenants of the constituent flats. The requirements are designed to ensure that the landlord, having established

This Q&A raises the issue as to who is entitled to claim a lease extension under the Leasehold Reform Act 1967 (LRA 1967). This Q&A assumes that the lessee has secured borrowings against the lease and has subsequently defaulted in the repayments such that the lender has exercised its right to take possession. The unexpired lease in this Q&A is assumed to be too short to make the lease marketable at a price which will enable the lender to recover the sums outstanding. It wishes, therefore, to extend the term so as to make the lease more attractive to third parties. LRA 1967 gives the tenant of a leasehold

It is understood from the question that the tenant’s original notice of tenant’s claim is valid. It is also understood and assumed that section 9(1)(c) of the Leasehold Reform Act 1967 (LRA 1967) is the correct and appropriate method of valuation for the price the tenant has to pay to acquire the freehold. The standard form of notice in reply includes a space for the landlord to

Procedure for claims under the Leasehold Reform Act 1967 Initial right of tenant to claim freehold or extend Part I of the Leasehold Reform Act 1967 (LRA 1967) confers on a tenant of a leasehold house a right to acquire on fair terms the freehold or an extended lease of the house and any premises (LRA 1967, s 1(1)). Those rights are conferred where the tenancy is a long tenancy and provided certain other conditions are fulfilled. See Commentary: Right to enfranchisement or extended lease: Halsbury's Laws of England [1167]. Retracting a notice admitting the tenant's claim once served The landlord must reply to the tenant’s notice within two months in the prescribed form or in a form to substantially