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Q&As
To discharge a care order, typically Form C1 is used: C1—Application for an order (Children Act 1989) In some proceedings under ChA 1989, Pt IV, Form C110A may be used. It is
Q&As
Form TP1 is used to transfer the land (whether registered or unregistered) from seller to buyer and makes provision for any occupational
Q&As
Company records may be kept in hard copy or electronic form provided that the information is adequately recorded (see section 1135(1) of the Companies Act 2006 (CA 2006)) but if kept in electronic form, they must be capable of being reproduced in hard copy form (CA 2006, s 1135(2)). See
Q&As
HM Land Registry Practice Guide 8: execution of deeds, para 2.6 explains: ‘There are circumstances in which individuals will be executing a deed not in connection with their own affairs but in some official capacity, which entitles them to act on behalf of someone else. Examples are a person acting as an executor or administrator of the estate of someone who has died (section 1 of the Administration of Estates Act 1925)
Q&As
A tenancy can only have the protection of the Housing Act 1988 (HA 1988) where the tenant is an individual and occupied the premises as an only or principal home. Such a tenancy can only be brought to an end by obtaining an order of the court and the execution of it. Where there is a fixed-contractual term which comes to an end, then for as long as the tenant continues to occupy the premises as an only or principal home, a statutory periodic tenancy will arise. A landlord who wishes to obtain possession of a property let on a tenancy which
Q&As
Hearsay evidence is evidence by way of a statement made otherwise than by a person while giving oral evidence in proceedings which is tendered as evidence of the matters stated (section 1(2) of the Civil Evidence Act 1995 (CEA 1995)). This can include a person giving evidence of what they have been told by a third party, or a party who gives evidence by witness statement and not by attending to give oral evidence. Where a party intends to rely on hearsay evidence at trial and, either that evidence is to be given by a witness giving oral evidence, or that evidence is contained in
Q&As
Before commencing proceedings for possession of a Rent Act 1977 (RA 1977) protected tenancy, the contractual tenancy must have been determined. As per Commentary: Possession from Rent Act Tenants: Claims to the Possession of Land [C2.47]: ‘(a) Fixed term tenancies: where the tenancy is for a fixed term the landlord will generally have to wait until the tenancy expires or invoke a forfeiture clause, which if a person is resident must be by legal proceedings in which possession is also claimed on statutory grounds (see C2.98). Other methods of determination such
Q&As
This Q&A refers to a company (that is not a trust corporation) that has been appointed as an executor in a deceased individual’s Will, and it is this company that wishes to appoint a nominee to act by power of attorney. However, we have also considered the position where an individual executor wishes to appoint an attorney to take the grant. Before grant Prior to the issue of a grant, an executor may appoint another person to act as their attorney (under a general or ordinary power of attorney) to apply for a limited grant of administration for their use and benefit under regulation 31 of the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024. In relation to individual personal representatives, a person entitled to a grant may wish for administration for their use and benefit to be granted to their attorney. The grant will be limited until further representation
Q&As
The Electronic Communications Code It is frequently the case that telecommunications providers will seek to enter into agreements with landowners for the purpose of siting equipment, such as masts, on their land. As it is often the case that such sites are the roofs of buildings which are not otherwise being used, an agreement between a landowner and a telecommunications company can provide a useful passive stream of income. The telecommunications provider will usually wish to enter into a lease governing the terms of their occupation of the relevant land including rights of access for maintenance purposes and the like. Additionally and regardless of any provisions contained within a lease, the provider may have had rights under the previous Electronic Communications Code (the previous Code) (set out in Schedule 2 to the Telecommunications Act 1984, as amended by the Communications
Q&As
After a thorough search of our resources we have been unable to locate a form which should bed used to file a notice to rely on hearsay evidence with the court. However, see Commentary: Notice of hearsay evidence: Butterworths Civil Court Precedents [27], which may be used in conjunction with Practice Note: Hearsay and similar fact evidence in civil litigation, which explains hearsay evidence under Part 33 of the
Q&As
Guidance document ‘SDLTM01300’ on HMRC’s website provides detailed guidance on options and rights of pre-emption. The grant of the option or right is the acquisition of a minor interest. It is only notifiable if stamp duty land tax (SDLT) is payable, or would be, but for the availability of a relief. However, the transaction may become notifiable, as you have rightly indicated, and tax may be due in respect of it, when the option is exercised, on the basis that it is a linked transaction (see section 77 (1)(b) and section 81A of the Finance Act 2003 (FA 2003)). The exercise of an option is notifiable even if no tax is due as a freehold or leasehold
Q&As
An undertaking with a penal notice attached may be enforced by way of committal proceedings. The application is made using the procedure under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18 (FPR 2010, SI 2010/2955, r 37.10). The application notice under FPR 2010, SI 2010/2955, Pt 18 is FP2, Application notice, FPR 2010, SI 2010/2955, Pt 18, and the application will need to be accompanied by an affidavit containing all the evidence that the applicant seeks to rely on. The fee is £155 (Family Proceedings Fees Order 2008, SI 2008/1054, fee 5.3). Personal service of the application is required. Before commencing