Where a tenant has commenced the procedure to acquire a new lease (often referred to as a lease extension) by service of a notice pursuant to section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), the landlord has given a counter-notice under LRHUDA 1993, s 45 admitting the right to a new lease, but any of the terms of acquisition remain in dispute at the end of the period of two months from the date that the counter-notice was given, either the landlord or the tenant can apply (within strict time limits) for a determination by the First-tier Tribunal (Property Chamber) (the

With effect from 1 April 2014, Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014, SI 2014/525, reg 26 removes the entitlement of councillors in England to be members of the Local Government Pension Scheme (LGPS), subject to the exception below. The only councillors in England which retain the right to be a member of the LGPS on and from 1 April 2014 are those councillors who were members of the LGPS on 31 March 2014. Even then, those councillors may only continue to be active members of the LGPS (and thus accrue rights in that

The Pre-Action Protocol for Debt Claims is in itself silent on the effect of Bank Holidays to the time limits imposed for the debtor’s response. The Pre-Action Protocol for Debt Claims is, however, annexed to the Civil Procedure Rules 1998, SI 1998/3132 (CPR). It is therefore expected that the rules contained in the CPR in

A ‘framework agreement’ is defined by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 as an agreement between one or more contracting authorities, and one or more economic operators, with the purpose being to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and where appropriate the quantity envisaged (PCR 2015, SI 2015/102, reg 33(2)). The framework therefore is an agreement between an authority and providers containing the terms and conditions under which specific contracts for purchases will be made during the term of the agreement. Such specific purchases are known as call-off contracts. PCR 2015, SI 2015/102, Pt 2 establishes the rules governing procurement procedures by contracting authorities with respect to public contracts and design contests (PCR 2015, SI 2015/102, reg 3). PCR 2015, SI 2015/102,

The Renting Homes (Wales) Act 2016 (RH(W)A 2016) is devolved legislation which had the effect of replacing Assured Shorthold Tenancies with 'occupation contracts'. It provides for secure occupation contracts, which apply to the public sector, and standard occupation contracts, which apply to the private sector (RH(W)A 2016, s 1). It is mandatory to issue a written statement of the occupation contract (RH(W)A 2016, s 31), which must contain all of the terms (RH(W)A 2016, s 32). Model written statements of contract are prescribed by regulations (RH(W)A 2016, s 29). The ability to obtain possession

This Practice Note looks at how the Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPCs) set out the parties’ respective obligations regarding the physical condition of the property and for the insurance of the property in between exchange and completion. For more detailed guidance on negotiating provisions relating to insurance and risk, see Practice Note: Buyer’s contract negotiation guide—insurance and risk. When does risk pass to the buyer? Under SCPC 8.1, risk passes to the buyer on exchange of contracts (this is also the open contract position). Physical condition of the property Except where the property is being built or converted by the seller, the seller gives no warranty as to the physical condition of the property. SCPC 4.2.1 reflects the general principle of caveat emptor and imposes a duty to inspect on the buyer. The buyer cannot claim against the seller for defects in the property which make the property unfit for purpose unless an express warranty is added to the contract to provide for the risk to remain with the

The Senior Managers and Certification Regime (SM&CR) is the Financial Conduct Authority’s (FCA) and Prudential Regulation Authority’s (PRA) framework for regulating individuals in the financial services sector. The SM&CR applies to firms identified as ‘SM&CR Firms’ in the decision tree in SYSC 23 Annex 1.1 and includes SM&CR banking firms, SM&CR insurance firms and various categories of SM&CR solo-regulated (eg FCA-only regulated) firms. Collectively these are referred to as SM&CR firms. A firm’s classification determines the specific SM&CR rules which apply, this means that the requirements relating to senior managers differ depending on the type of SM&CR firm in question. All SM&CR firms must apply for and obtain regulatory approval prior to permitting an individual to carry out specific senior management roles, referred to as Senior Management Functions (SMFs). A Director of an SM&CR firm, being a de jure director who has been

The SM&CR is the UK’s framework for regulating individuals in financial services firms authorised under the Financial Services and Markets Act 2000 (FSMA 2000). A key element of the SM&CR is the Senior Managers Regime (SMR) which provides a regime of individual approval by the Financial Conduct Authority (FCA) and, where necessary, the Prudential Regulation Authority (PRA). The SMR applies to those individuals in SM&CR firms (as defined in SYSC 23 Annex 1) performing a Senior Management Function (SMF) specified by either the FCA (in the FCA Handbook—SUP 10C 4.3R) or the PRA (in the sector-appropriate part of the PRA Rulebook—Senior Management Functions) on behalf of an SM&CR firm. For information on the SM&CR, including SMFs, see the following sector-specific Practice Notes:

It is not unusual for parties to a commercial transaction, be it a lease or a contract for the sale and purchase of land or any asset, to make provision for the circumstances in which a document is deemed to be served. A degree of certainty is then provided so that both can proceed with the transaction. The Standard Conditions of Sale are no exception to this. The starting point is to be found in condition 1.3.4 which provides that 'subject to conditions 1.3.5 to 1.3.7, a notice is given and a document is delivered when it is received.' As a starting point it makes sense: as a matter of logic, a notice is given when it is received. Until then, the recipient does not know of its existence and the document

The relevant standard conditions are 6.1.2 and 7.2. 6.1.2 reads: 'If the money due on completion is received after 2.00 pm, completion is to be treated, for the purposes only of conditions 6.3 and 7.2, as taking place on the next working day as a result of the buyer’s default.' 7.2, Late completion, reads: • '7.2.1 If there is default by either or both of the parties in performing their obligations under the contract and completion is delayed, the party whose

The Sustainable Drainage (Enforcement) (Wales) Order 2018, (SD(E)(W)O 2018), SI 2018/1182 refers to notices being served on the developer. A developer is defined in SD(E)(W)O 2018, SI 2018/1182, reg 2 to mean a person who commences or proposes to commence

In this response we have focused on goods which are exempt from seizure under the Taking Control of Goods Regulations 2013, SI 2013/1894 (TCOGR 2013, SI 2013/1894). We have limited this answer to cover whether