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We act on behalf of a landlord in an unopposed lease renewal claim under the Landlord and Tenant Act 1954. One term which the landlord seeks to include in the new lease is a break clause on the ground of landlord's future redevelopment of the premises in question. The landlord will therefore need to provide evidence at trial that there is a real possibility of redevelopment in order to successfully achieve the inclusion of the break. The premises subject to the proceedings is one unit in a larger building which will be redeveloped and is quite a significant scheme. The parties have agreed directions which include the requirement for each party to provide standard disclosure. To comply with CPR 31.7, the disclosure made by our client must be reasonable (and proportionate—PD 31A 2). There is seemingly little specific guidance in the context of lease renewals as to the scope of the disclosure search in terms of what would be reasonable and proportionate. We have no detailed order from the court regarding the extent of the disclosure obligation. As such, are you able to provide a view as to what would be reasonable and proportionate in these circumstances?
Q&As
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We act on behalf of a landlord who is in the process of agreeing a renewal lease (original lease is inside the 1954 Act) but the renewal lease will only be for part of the premises. What is the position with respect to the remainder of the premises - does the original lease continue on in relation to these parts or can it be implied that there is a surrender of these parts because the new lease is only granted for part of the premises? Alternatively, should an express surrender be entered into in relation to the parts of the premises that do not form part of the renewal lease?
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides that tenancies that fall within that Part are automatically continued after the end of the term and gives the parties the right to apply to the court thereafter for a new lease to be entered into on such terms as are agreed or are imposed by the court. LTA 1954, s 35 provides that,
We act on behalf of a landlord. The tenant occupies a commercial property pursuant to a lease that prohibits assignment. The landlord is prepared to waive the covenant and allow assignment to a specific assignee. We are in the process of drafting a licence to assign. Do we need to include a clause varying the lease to allow assignment to this assignee?
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The landlord can grant consent to the assignment notwithstanding the terms of the lease. Unless you have instructions that the landlord would like to vary the terms of the lease to permit future assignments, you should not include any wording which expressly or impliedly varies the lease. Most precedent licences to
We are a UK insurance company authorised by the PRA and regulated by both the PRA and the FCA. Our insurance policies are sold by us by telephone, and by our corporate business partner companies through their websites and in their UK shops. Some of our customers live on Jersey. Therefore our Jersey customers could have bought our policies at home in Jersey via a telephone call or through the internet, or they could have bought one of our policies in a UK shop and then travelled back home to Jersey as a new policyholder. Which registrations do we need with the Jersey Financial Services Commission, and do we need to be registered or would it be because we have policyholders currently buying new policies? None of our policies are Long Term business.
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According to the Jersey Financial Services Commission (JFSC): 'Certain forms of insurance business are regulated under the provisions of the Insurance Business (Jersey) Law 1996. Commission staff will be happy to provide general explanations of what activities that law covers. However, Commission staff cannot
We are acting for a business tenant—a s 25 notice has been served, negotiations haven't progressed and we need to serve the court application—what is the appropriate form?
Q&As
If the landlord opposes the renewal the application should be made under CPR 7. If the
We are acting for a buyer on a purchase of commercial property. A couple of retails units have been let on tenancies at will but these were a few years ago. Could these tenancies now be interpreted as being periodic tenancies? I am aware of the position with contracted out leases where a tenant stays in occupation—in that case ongoing negotiations are relevant. Will this be relevant where an arrangement was a tenancy at will from the start?
Q&As
The short answer is—possibly, but it is unlikely, although the position will depend upon the particular facts and circumstances, including the express terms of the tenancies at will. The concern raised by the question appears to be whether express tenancies at will can later become protected periodic tenancies by virtue of the parties’ conduct. It is trite that the protection of Part II of the Landlord and Tenant Act 1954 (LTA 1954) only applies to a ‘tenancy’, but that tenancies at will are not protected: Wheeler v Mercer. Tenancies at will may be express, or implied (cf Javad
We are acting for a client in a dispute. We are pre-action. The opposing party (our client's ex-partner) has made a Data Subject Access Request of this firm. Can we resist on the basis that it is a fishing expedition? Does Legal Advice Privilege apply and to what extent?
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Processing personal data The obligations that the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) places on data processors and controllers, including law firms, should be well-known, see Practice Notes: Introduction to the EU GDPR and UK GDPR and How to manage data protection complianceHow to manage data protection compliance. All law firms should know and record what personal data they hold, what they are doing with that data, where and on what basis and what they tell data subjects. The first GDPR data protection principle requires that personal data should be 'processed lawfully, fairly and in a transparent manner in relation to the data subject'. This means, in practice, that in relation to all personal data held by your law firm, you ought to:
We are acting for someone buying a flat in a newbuild block of flats, which is six storeys high. The area surrounding this block is residential and we wanted to know to what extent we should enquire of the developer into potential rights to light claims by the owners of these surrounding properties. The developer will not offer insurance.
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You may wish to consider raising, amongst others, the following queries with the developer: • whether they have rights of light (ROL) insurance and if so, why can that insurance not be extended to the tenants. It is very common for the terms of an ROL insurance policy to extend to tenants, subtenants, etc. See our Practice Note: Rights of light—insurance for developers • if they do not have ROL insurance, please can they clarify why, ie have they: ◦ obtained legal and surveying reports, which confirm the extent of any ROL risk. If that is the case, they should provide copies in order that purchaser’s
We are considering working with a non-lawyer, on a self-employed/part time consultancy basis to help promote the firm, eg to chair conferences and present to our client base. What are the regulatory issues we need to consider?
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There is nothing essentially wrong with law firms employing non-lawyers or with law firms engaging with lawyers or non-lawyers to drive clients. The issues derive from the manner in which this work is done and in which it is remunerated. Advertising Even though a non-lawyer is providing the marketing effort the Solicitors Codes of Conduct remain fully applicable to the firm. As with any firm carrying out marketing the more general obligations associated with advertising will also apply. SRA requirements in relation to publicity are contained in the SRA Principles, the 2019 Codes and the SRA Transparency Rules. Principle 2 is particularly relevant in relation to publicity—you must act in a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons. The SRA Codes of Conduct contain specific requirements
We are dealing with a land transfer following a change of school category. Some of the land is owned by the local authority but the playing fields are held by the local authority as trustee for a private charity. What steps should we take to make sure that the land owned by the trust is dealt with properly and if possible still available for use by the school?
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Alterations Proposals to make ‘prescribed alterations’ at a maintained school are regulated by sections 18–24 of the Education and Inspections Act 2006 (EIA 2006). No prescribed alteration to a maintained school may be made without using the EIA procedure. The procedure always includes provision for publication of the proposals. The ‘prescribed alterations’ are set out in the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 SI 2013/3110. Our Lexis+® UK Local Government Practice Note: Opening, altering or closing a state school explains the procedure that a local authority in England must follow under the Education and Inspections Act 2006 to establish the alterations which may not be made to a maintained
We are dealing with an application to the Court of Protection for approval to all past and future care payments and retrospective approval of a gift. We need to serve the application and supporting evidence to all persons named in the application. Which of the application documents need to be sent to the people to be served?
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We refer you to the following Practice Notes which may be of assistance: • Making an application to the Court of Protection • Court of Protection—service of documents • Court of Protection—notification You will see from the above Practice Notes that there is a distinction between service of the application on those persons named as respondents in the COP1 application form and the notification of P and other interested parties that the application has been issued. Service of the application on respondents Within 14 days of the date on which the application form was issued, the applicant must serve a copy of the application on any person who
We are dealing with the transfer of a business which designs and improves websites. Can you provide some information on the general data protection regulation considerations that arise in the context of an asset sale?
Q&As
Regulation (EU) 2016/679, General Data Protection Regulation compliance on an asset sale The main general data protection regulation (GDPR) considerations for the seller of business assets include identifying: • the personal data held by the target group or target business that will need to be provided to the buyer for its due diligence • the data processing conditions (if any) pursuant to which it is able to provide personal data to the buyer • where it will need to redact, anonymise or pseudonymise personal data • the target’s level of data protection compliance and whether it may need to mitigate any resulting impact on value before it commences marketing • documentation that demonstrates the target’s data protection compliance Most of this should be done before commencing the sale process. The buyer’s focus should be: • during the due diligence process, investigating the target’s data protection compliance • negotiating