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In answering this Q&A, it has been assumed it refers to a lease of commercial premises. As you will be aware, forfeiture entitles a landlord to end a fixed-term tenancy on account of a breach by the tenant. It is a remedy exclusively open to a landlord. Further, regardless of the way in which the right to forfeit is exercised (eg by actual re-entry by the landlord or by court proceedings), it is the landlord who effects the forfeiture. For general information on forfeiture, see Practice Note: Forfeiture of a lease. Effect of forfeiture With regard to breaches which have already accrued up to the point of forfeiture, any claims pursuant to the tenancy agreement which had accrued before the forfeiture are unaffected by the determination thereof. See the commentary in: The effect of forfeiture and the twilight period: Hill and Redman’s Law of Landlord and Tenant [4887]. For example, the commentary
Q&As
Effect of termination of head licence of intellectual property rights The 2013 case of VLM Holdings Ltd v Ravensworth Digital Services Ltd [2013] EWHC 228 (Ch), [2013] All ER (D) 143 (Feb) highlighted that a sub-licence will not necessarily automatically terminate upon termination of the head licence. See our News Analysis on this: Sub-licence can survive the termination of a head licence. That case was quite fact-specific, involving the insolvency of the head licensee under an exclusive licence and turning quite substantially on the relationships between directors of related companies and the strategic importance of the relationship with the particular sub-licensee. However, some of the findings in that case could be used to inform the drafting of pro-sub-licensee clauses generally and there is a section in that News Analysis article on licence-drafting best practice, which is extracted below: 'Lawyers should note the following:
Q&As
Secure tenancies are regulated principally by the Housing Act 1985 (HA 1985). HA 1985, s 83 requires a landlord, prior to issuing possession proceedings in respect of a property let on a secure tenancy, to serve a notice (a notice of seeking possession (NOSP)) containing specified information on the tenant. To this end, HA 1985, s 83 states inter alia: ‘(1) The court shall not entertain proceedings to which this section applies unless— (a) the landlord has served a notice on the tenant complying with the provisions of this section, or (b) the court considers it just and equitable to dispense with the requirement of such a notice. (2) A notice under this section shall— (a) be in a form prescribed by regulations made by the Secretary of State, (b) specify the ground on which the court will be asked
Q&As
The legal effect of service of a notice to quit Secure tenants The landlord is not entitled to terminate the tenancy by a notice to quit while the tenant enjoys security of tenure. If the tenant loses their secure status, for example because they cease to occupy the property as their only or principal home (as required by section 81 of the Housing Act 1985), then the landlord is entitled to serve a notice to quit which will be effective to terminate the tenancy. However, so long as the tenant retains their secure status, a notice to quit which is served by the landlord will be of no effect. A secure tenancy will generally include an express provision in the tenancy agreement which permits the tenant to serve a notice
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There is no legal requirement for an employer to continue making employer pension contributions during a period of long-term sick leave. However: • if the employee continues to be an active member of a pension scheme, the pension scheme’s
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The cost of living crisis gives rise to a number of different employment law issues, which may include: Salary and benefits package • does everyone know what is available? • consider pension contributions • consider salary sacrifice schemes eg cycle to work, healthcare, childcare • is the package doing enough for those most in need? Identify the most vulnerable • consider the use of pay rises or one-off payments • ensure pay outcomes and processes are fair • across the board pay rises may not be the answer in the current climate, as high rates of inflation hit lowest-paid workers hardest • if pay rises are targeted at certain groups, consider risk of discrimination issues • consider effect on Universal Credit/other benefits for lower-paid staff Recruitment
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Under section 3 of the Prevention of Damage by Pests Act 1949 (PDPA 1949), the occupier of any land must forthwith give notice in writing to the local authority if it comes to their knowledge that rats or mice are living on, or resorting to, the land in substantial numbers. This provision does not apply to agricultural land, however. Any person who fails to give such notice to the local authority is liable to a penalty. See Commentary: Notice to local authority of rats and mice: Halsbury's Laws of England [766]. Where a local authority is satisfied that any premises are in such a filthy or unwholesome condition as to be prejudicial to health, or are verminous, the local authority must give notice to the owner or occupier of the premises requiring them to take such
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Pursuant to section 224(3) of the Town and Country Planning Act 1990 (TCPA 1990) and the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (TCP(CA)(E) Regs 2007), SI
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A company in default of a fine imposed further to a criminal conviction can ultimately be subject to an application for winding up or be placed in administration. Financial penalties A fine is a financial penalty imposed on conviction either instead of, or in addition to, any other sentence if, under the relevant offence provision, that offence is liable to a fine. A fine can be imposed in the Crown Court or the magistrates’ court. Sentencing powers in respect of corporate offenders are focused on the imposition of fines or financial penalties as corporate offenders cannot be imprisoned. Collection of fines The collection and enforcement of fines, as well as other financial orders such as prosecution costs, compensation and surcharges, is conducted by the magistrates’ courts regardless of whether the fine was imposed in the magistrates’ court or the Crown Court. Where
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Enforcement of byelaws Under section 12 of the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982), constables may prosecute for the enforcement of byelaws that have been made by a relevant local authority under any enactment. Section 237 of the Local Government Act 1972 (LGA 1972) provides that byelaws may fix reasonable fines, recoverable on summary conviction, not exceeding the amount fixed by the enabling Act, or if no amount is fixed, a sum not exceeding Level 1 on the standard scale. In the case of a continuing offence, there is a further fine not exceeding the sum fixed, or where no sum is fixed, £5 for each day during which the offence continues after conviction. For further information on the enforceability of byelaws, see I Byelaws generally: Arnold Baker Local Council Administration [21.27]. Public spaces protection orders The Anti-Social Behaviour, Crime and
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The National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013, SI 2013/500 (the Regulations) set out the objective and general requirements of a relevant body when procuring health services. The Regulations also set out the powers Monitor has to deal with a failure by a relevant body to comply with certain regulations within the Regulations. Monitor may make a declaration of ineffectiveness under reg 14 or give directions under reg 15. Monitor may also accept an undertaking from a relevant body to take such action of a kind mentioned in reg 15(1)(a) to (f) under reg 16. In respect of the enforcement powers Monitor
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Sustainable drainage systems (SuDs) For information about sustainable drainage systems (SuDS), what they are, why they are needed, types, implications for adoption and maintenance, SuDS guidance, and legal and policy framework, see Practice Note: Sustainable drainage systems (SuDS). Solicitor’s responsibilities Solicitors have a duty to exercise reasonable skill and care in progressing the legal aspects of their client’s residential or property transaction. This includes helping clients make a legally informed decision as to whether to buy or develop a site or property which may require the construction and long-term maintenance of a SuDS system. For more information, see the practical guidance note for solicitors prepared by John Bates, Old Square Chambers, on The Role Of Sustainable Drainage Systems. Solicitors should also follow the good practice guidance set out in the Law Society’s practice note on flood risk. SuDs considerations in property transactions SuDS issues to consider in property transactions include (note this is not