We have assumed that: • the landlord’s reversion is registered at HM Land Registry • the regranted lease is required to be completed by registration to operate at law (under section 27 of the Land Registration Act 2002) Unless the Registrar directs otherwise, an application for first registration of a new lease must be accompanied by the lease (if in the control of the applicant) and a certified copy (Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 24(1)(b)). It may be that the parties have a certified copy of the deed of surrender and regrant signed by the landlord. However, although HM Land Registry guidance confirms that applications for first registration may be made by a conveyancer on the basis of certified copies only (subject to certain conditions), the registrar may still request the original deeds are lodged for quality assurance purposes and if they are not delivered, the application may be cancelled

This Q&A assumes that the testator died on or after 22 March 2006. Section 106 of the Inheritance Tax Act 1984 (IHTA 1984), requires that business property relief (BPR) from inheritance tax (IHT) will only apply to relevant business property if it has been owned by the transferor for a minimum period of two years immediately preceding the transfer, subject to exceptions for: • certain transfers between spouses—see IHTA 1984, s 108(b), • the ‘successive transfers’ provisions—see IHTA 1984, s 109(1) or • other relevant business property has replaced the original property—see IHTA 1984, s 107(1) and s 107(4) These exceptions allow the period of ownership of the previous transferor or the period of ownership of

When a mortgagee exercises the power of sale, the property is transferred free of the mortgagor's interest: sections 88 and 89 of the Law of Property Act 1925 (LPA 1925). See Commentary: Effect

Joint liability under leases generally We have assumed for the purposes of this Q&A that the scenario above is in respect of a new lease, ie one created after 1995. The Landlord and Tenant (Covenants) Act 1995, s 13 (LTCA 1995) sets out as follows: Where in consequence of this Act two or more persons are bound by the same covenant, they are so bound both jointly and severally. (2) Subject to section 24(2), where by virtue of this Act— (a) two or more persons are bound jointly and severally by the same covenant, and (b) any of the persons so bound is released from the covenant, the release does

For the purposes of this Q&A, we have assumed that the licence to assign was executed as a deed by the party who has died. The answer then depends upon whether the licence was delivered in escrow (ie the deed will not take effect as a deed until certain conditions are satisfied. For example, a deed may be delivered in escrow by one party under the condition that it will only become binding when the other party pays a sum of money or executes a counterpart). As per Halsbury's Laws of England—(32) Conditional and Partial Execution and Re-execution [252]: 'Where a deed is executed by some party or parties to the deed on the condition that the other party or parties

This Q&A is limited to cover the statutory powers relating to the removal and replacement of trustees. There may be express powers and provisions in the trust document. Fitness to act Anyone who has the legal capacity to hold the legal title to property may be appointed a trustee of that property, however, a bankrupt trustee may be 'unfit to act' within section 36 of the Trustee Act 1925 (TA 1925) but this need not be the case. For an example of this, see In re Barker’s Trust. For further information, see: Underhill and Hayton: Law of Trusts and Trustees: Paragraph 2. Retirement If doubts exist and the trustee is happy to retire then it is best to replace

Byelaws must be made under hand and seal and have no effect until confirmed. The confirming authority is the Secretary of State for Communities and Local Government, unless some other authority (for example, in the case of dog control and byelaws relating to the countryside, the Secretary of State for Environment, Food and Rural Affairs) is (rarely) specified in the enactment under which the byelaws are made. Though of limited application (as they normally relate to a designated area) byelaws are a form

In strict legal terms a former client is entitled to have his former solicitor’s papers delivered to him provided that the solicitor has no lien over them due to the non-payment of fees. If fees have not been paid then the solicitor is entitled not to deliver up the papers unless the papers are needed to conduct litigation. In those cases the court will order delivery up of the papers but usually upon the provision by the client of security for the fees. In any case the solicitor is entitled to take and keep copies of those documents. If the documents are part of a well organised paper filing system organised in such a way that personal information relating to the client is

An executor who does not wish to take a grant of probate may have ‘power reserved’ and so not be involved in the application for the grant. If circumstances change after the grant has been issued to the proving executors, the executor to whom power has been reserved may apply for a grant of double probate. In relation to the initial application for the grant and subject to

With the exception of certain types of contract specified by law, there is no requirement in English law for contracts to be in writing or signed. It follows that the omission of a signature will necessitate an analysis of whether, and at what point, the requirements for the formation of a binding agreement were met. Formation of contracts The basic requirements for the formation of a binding contract are: • offer • acceptance • consideration • intention to create legal relations Any assessment of these requirements is objective. For more, see the following Practice Notes: • Forming enforceable contracts—offer • Forming

On dissolution, all property and rights vested in, or held on trust for a company immediately before dissolution are deemed to be bona vacantia and vest in the Crown (or in the Duchy of Lancaster or Duke of Cornwall if the company’s registered office was in Lancaster or Cornwall respectively). This includes leasehold property, but not property held by the company on trust for any other person. Where notice of disclaimer is served, the property is deemed never to have vested in

A business lease that is protected by the Landlord and Tenant Act 1954 (LTA 1954) continues under LTA 1954, s 24 unless terminated by forfeiture, surrender, or by statutory methods. LTA 1954, s 25 enables a landlord to terminate a tenancy which is protected by the provisions of LTA 1954, Pt II by service of a notice. LTA 1954, s 27 on the other hand grants the tenant the right to serve not less three months’ notice on the landlord notifying the landlord that it does not intend to exercise its statutory right to continue with the tenancy. In Long Acre Securities v Electro-Acoustic Industries, it was held that a tenant could serve a section 27 notice, that specified an earlier termination date than a landlord’s section 25 notice, and the earlier