There are various methods by which a document such as an agreement which is being varied may be incorporated into or annexed to a deed of variation. The correct approach to annexation or attachment of an agreement or schedule will depend on how this is provided for in the deed of variation. For examples of different methods, see Precedent: Deed of variation, and accompanying Drafting Notes. For guidance on the

This Q&A considers the requirements for issuing a valid s 21 notice where the deposit was taken in 2004 but not registered until 2016. Since 6 April 2007, all deposits taken by landlords for residential assured shorthold tenancies (ASTs) in England and Wales must be protected by a tenancy deposit scheme (TDS). The parties to an AST cannot contract out of the obligations. If the landlord fails to comply with the TDS requirements, there are potentially significant penalties including that the landlord may be prevented from recovering possession of its property pursuant to section 21 of the Housing Act 1988 (HA 1988) (section 21 notice). Under the Housing Act 2004, s 215 a landlord cannot recover possession of its property by serving a section 21 notice: • if the deposit is not held in an authorised TDS • if the initial requirements have

The winding up of a partnership The Insolvent Partnerships Order 1994 (IPO 1994), SI 1994/2421 provides five routes by which a partnership may be wound up. For details of the different routes, see Practice Note: Winding-up a general partnership as an unregistered company. The trustee of an individual members, or former individual member’s estate (section 221(2) of the Insolvency Act 1986 as modified by the IPO 1994, SI 1994/2421) may present the petition. How to serve a petition to

The law Regulation 34 of the Public Contracts Regulations (SI 2015/102) (PCR 2015) (PCR 2015, SI 2015/102, reg 34) allows a contracting authority to procure a public contract through a dynamic purchasing system (DPS). PCR 2015, SI 2015/102, reg 34(1) provides that a DPS can be used by a contacting authority to procure commonly used goods and services which are generally available on the market and which the authority requires to meet its needs. An example might be an annual supply of stationery requisites. Procurement through a DPS is operated completely electronically (PCR 2015, SI 2015/102, reg 34(2)). This means that a DPS is a flexible procurement system. For example, under a DPS new provides can be admitted to the system during its operation. This contrasts with procurement under a framework agreement, where provides are fixed at the time the agreement is established. A

A deed is a specific form of written instrument required for certain transactions. Deeds must be executed in accordance with statutory formalities that go beyond simple signature in order for the document to be valid and enforceable. Two other key features of deeds that distinguish them from simple contracts are: • deeds are enforceable irrespective of the lack of consideration in contrast with simple contracts, which are formed pursuant to the contract law principle that requires valuable consideration to be given for the promises being made, and • the limitation period for claims made in connection with deeds is 12 years compared with the usual limitation period for breach of contract, which is six years from the date on which the cause of action accrued The form of execution for a deed will vary depending upon the type of legal person that is executing the deed (eg an individual, a company, an attorney). The drafting notes in Precedent:

Firstly, should consider the authority of each of the partners comprising the partnership. A partner in a partnership will usually be empowered by virtue of the partnership agreement to contract and act on behalf of the partnership. On the assumption that an individual partner has the requisite authority to act, then its actions will bind the partnership and the other partners. Always check the partnership agreement to ensure that a partner is acting within its’ authority. Contracts, particularly significant contracts, would habitually be executed

Serving a valid notice to complete The contract for sale will make provision for service of a notice to complete, and they commonly will do this by incorporating the relevant standard conditions of sale which set out the procedure for and consequences of service of a notice to complete. It is important to state that notice is served in accordance with the relevant standard condition. On the assumption that the contract is governed by the Standard Conditions of Sale (Fifth Edition) (although this will need to be checked, and if a different edition applies then that edition will need to be considered): • paragraph 1.3 sets out the conditions for service of a valid notice, which includes a notice to complete. As you will see, paragraph 1.3.2 provides that giving notice or delivery in a document to a parties conveyancer

This Q&A considers, in the context of a transfer of shares, the requirements of the people with significant control (PSC) regime in the period between completion (ie execution of the sale and purchase agreement) and stamping. It also considers more generally the position between completion and registration of the new holder of the shares in the register of members. The PSC regime A transfer of shares effectively triggers two responsibilities in relation to the PSC regime. One is that the transferee, if they believe they are a PSC in relation to the company, has a duty to provide the required details to the company so that the company can update its PSC register. See Practice Note: PSC Register—guidance for PSCs and RLEs. Meanwhile, the second (ongoing) responsibility is that the company must take reasonable steps to ensure that its PSC register is up-to-date. The

Section 127 of the Insolvency Act 1986 (IA 1986) provides that ‘In a winding up by the court, any disposition of the company’s property, and any transfer of shares, or alteration in the status of the company’s members, made after the commencement of the winding up is, unless the court otherwise orders, void’. Importantly, IA 1986, s 127 only applies to compulsory

The purpose of a preference claim under section 239 of the Insolvency Act 1986 (IA 1986) is to prevent a situation where a creditor is given priority in relation to past indebtedness of a company at the expense of other creditors, preventing a pari passu distribution to all creditors on insolvency. For a transaction to constitute a preference under IA 1986, s 239 the following conditions must be satisfied: • the company must be in liquidation or administration • the transaction was

Section 238 of the Insolvency Act 1986 (IA 1986) provides that for the court to declare that a transaction was at an undervalue (TUV) and grant relief the following

Section 423 of the Insolvency Act 1986 (IA 1986) allows for the avoidance of transactions which were designed to defraud creditors. Its provisions are intended to prevent parties from disposing of assets so as to frustrate creditors. IA 1986, s 423 sets out the requirements for a transaction defrauding creditors. Essentially, a party enters a transaction at an undervalue (TUV) with another where: • they make a gift or receive no consideration for the transaction • the consideration for the transaction is