The failure of a new landlord to give notice in writing of the assignment, and of their name and address to the tenant not later than the next day on which the rent is payable, or if that is within two months of the assignment, the end of that period of two months, without reasonable excuse, amounts to a criminal offence (summary

To date, no Brexit statutory instrument (Brexit SI) has been made in respect of the Building Regulations 2010 (the Building Regulations), SI 2010/2214. Please see our Brexit legislation

The general rule established in Whitley & Sons is that development which breaches a pre-commencement condition is not authorised by the planning permission, and cannot therefore implement the planning permission and keep the permission alive. There are very limited exceptions to the rule, the most significant being where: • a condition requires approval before a specific date and that approval has been applied for by that date, but

Under section 215 of the Town and Country Planning Act 1990 (TCPA 1990), a local planning authority (LPA) may in certain circumstances serve a notice on the owner and occupier of land which is in a condition adversely affecting the amenity of a neighbourhood, requiring steps to be taken within a specified period to remedy its condition. Where the recipient(s)

Failure to serve a notice to complete in a timely fashion may impact on the remedies available to the non-defaulting party. Rescission of contract One implication is that, while the defaulting party will be liable in damages, the party that is able to complete cannot rescind the contract until they have served notice to complete. As set out in our Practice Note: Notice to complete: Time is generally not of the essence for completion of a contract for the sale of land. If the seller or the buyer delays completion, the defaulting party will be liable in damages (and for compensation under the standard conditions) but cannot rescind [ie terminate the contract immediately, forfeit or recover his deposit (as the case may be) with accrued interest and commence a claim for damages to recover his loss] until time is made of the essence of the

In answering this Q&A, we assume that the Will is being made under English law for a testator resident and domiciled in England and that the Will makes absolute gifts, with no continuing trusts ie this note is restricted to considering the position of executors only and not trustees. See Practice Note: Executors, trustees and guardians—who are they? for general guidance on executors. The choice of executor is predominantly unrestricted; a person of full age and capable of making a Will is capable of acting as an executor. (For further

It is assumed that Company A is entering into the consultancy agreement as agent on behalf of Company B, and that B will be the recipient of the third party's consultancy service. We have further assumed that the contract has been entered into as a simple contract, and not as a deed, in which case further considerations may apply. The liabilities of each of the parties towards each other will depend upon the manner in which Company A has purported to enter into the agreement on behalf of Company A. Power of attorney Where Company A enters into the agreement in its own name as attorney on behalf of Company B under a properly executed power of attorney issued to it by Company B, then,

Why are material adverse change (MAC) clauses in the spotlight? The coronavirus (COVID-19) outbreak has already caused some businesses to fail and financial distress to many others. Governments and regulators are urging lenders to be supportive of businesses, especially those that are, the outbreak aside, financially sound. However, lenders will still be looking to review their finance documentation and ascertain their rights at an early stage. Facility agreements typically include a list of events of default. Breach of any of these by the borrower will give the lender(s) the right to exercise certain rights under the facilities agreement, such as accelerating the loan (ie demanding early repayment) or enforcing security. An event of default can also have other consequences under the finance documentation, such as: • giving the lender the right not to lend any further amounts under the facility agreement (known as a drawstop), and • enabling the lender to transfer commitments without needing the consent of the borrower Most importantly, even where the

If the right of pre-emption was granted prior to 13 October 2003, it is not treated as an interest in land and is therefore not capable of protection by registration of a notice at the outset, although it is arguable that it matures into a proprietary interest at the point when the seller’s obligation to offer the property to the buyer arises (Pritchard v Briggs). For this reason, such agreements are best protected by the entry of a restriction on the owner’s title preventing registration of a disposition without the grantee’s consent.

Enterprise management incentives (EMI) share options can only be granted to employees of the relevant company or its qualifying subsidiaries paragraphs 26–27 of Part 4 of Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). If a share option was granted to a non-employee (such as a non-executive director (NED)) it will not qualify as a 'Schedule 5 EMI option' and will instead be treated as an unapproved share option and be taxed accordingly. For further details, see Practice Notes: Unapproved share options and Unapproved share options—tax treatment. As regards the EMI qualifying status of the relevant option scheme and any other options granted under that EMI scheme, the grant of a share option to

There are implications as to death benefits payable under a pension scheme where decree absolute has been pronounced, or in the event that the pension member dies before an order as to pensions is implemented, see Practice Note: Pension sharing orders in particular the section headed Key features of pension sharing. Pronouncement of decree absolute after a Will was made will affect any provision made between former spouses in their Wills: • unless there is a contrary intention in the Will, any provision appointing a former spouse

Confidential information Confidential information is a valuable asset of any business and is therefore commonly protected from misuse and abuse. It is, therefore, common for businesses to enter into confidentiality agreements (also known as non-disclosure agreements (NDAs)) in order to protect the misuse of such a valuable asset. Term of an NDA It is common for the term of an NDA to be limited to three to five years. See IPO Guidance Non-disclosure agreements, under the heading ‘2. What to consider’. The best way to protect confidential information is to not disclose it. Clearly, the most serious implication of the reduction of the term of a non-disclosure agreement, so that the obligation not to disclose only lasts for two years rather than five, is that the