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When serving a section 26 notice under LTA 1954, should the notice be served in accordance with section 23 of LTA 1927 or with the express provisions set out in the lease relating to service of notices? Which rules will prevail—the statutory provisions or those in the lease?
Q&As
Section 23 of the Landlord and Tenant Act 1927 (LTA 1927) makes provision for methods of service of notices under LTA 1927. By section 66(4) of the Landlord and Tenant Act 1954 (LTA 1954), it is deemed also to apply to LTA 1954. LTA 1927, s 23 can therefore apply to the service of a section 26 notice (LTA 1954, s 26) by a tenant who wishes to bring his protected lease to an end. The benefit of reliance upon LTA 1927, s 23 is that it places the risk of non-delivery on the intended recipient. LTA 1927, s 23 provides that any notice shall be in writing and may be served on the person on whom it is to be served in one of four ways: • personally • by leaving it for
When serving a section 5A notice on a qualifying tenant under the Landlord & Tenant Act 1987, where must the notice be served if the qualifying tenant is not living at the flat and has provided an up-to-date address? Does the notice need to be served at the flat in question as well as the tenant's last known address? Also, when serving a notice on qualifying tenants who are a married couple, do individual notices need to be served or would it be sufficient for the offer notice to state: To: Mr and Mrs x?
Q&As
The Landlord and Tenant Act 1987 (LTA 1987) gives such tenants the right of first refusal when the landlord wishes to make certain disposals of an interest in the reversion of residential premises. As the Q&A acknowledges, it is not necessary for the tenant to live in the flat for the rights under LTA 1987 to arise. A person is a qualifying tenant if he holds a tenancy of the flat other than one with the protection of other statutes set out in LTA 1987, s
When serving a section 5A notice on a qualifying tenant under the Landlord and Tenant Act 1987, is it sufficient to address the notice to ‘the qualifying tenant’ or do you have to name the qualifying tenant?
Q&As
This question is addressed in Commentary: Naming of tenants: Tenants' Right of First Refusal [4.9]. The term 'the tenant' is
When serving a section 8 notice relying on ground 8 of Schedule 2 Pt I to the Housing Act 1988 which requires at least two months’ rent to be unpaid where rent is payable monthly, is it sufficient that only part of the monthly rent is unpaid or must the landlord wait until the arrears equal two months’ rent?
Q&As
A landlord may serve a notice under section 8 of the Housing Act 1988 (HA 1988) seeking possession of an assured or an assured shorthold tenancy. The grounds that may be relied on are set out in HA 1988, Sch 2 Pt I, one of which (ground 8) is that: ‘Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing— [...] (b) if
When serving an option to purchase notice on landlords (who are trustees of a trust of land), two of whom have died, should the notice be served on the executors of the deceased landlords/trustees as well as the surviving trustees?
Q&As
It is worth noting that the maximum number of trustees of land permitted by statute is four (section 34(2) of the Trustee Act 1925 and section 34(2) of the Law of Property Act 1925). Trustees of a trust of land hold as legal joint tenants, irrespective of the underlying beneficial interests. Therefore, when one trustee of land dies, his legal interest vests in his surviving co-trustees by survivorship. His personal representatives acquire no rights to the legal title (with one exception) and only acquire rights to the underlying beneficial title if the trustee also held an absolute beneficial interest as tenant in common. The personal representatives of a deceased trustee of land would only become involved if he had been the last trustee. In which case, his
When serving an option to purchase notice on the landlords (who are also trustees) and two of the landlords/trustees are now deceased, it would appear to be necessary to serve the option notice on the personal representatives. However, would it also be necessary to serve notice on them in their capacity as trustees?
Q&As
The validity and form of a tenant’s notice exercising an option to purchase the demised premises will always depend on the terms of the option and any particular conditions. In this Q&A, the first issue is on the true construction of the option, can the notice be served after the death of one or more of the joint landlord/trustees? Without reference to the full wording of the option, it is not possible to answer this Q&A. However, unless there is some indication to the contrary, or the option was personal to all of the joint landlord/trustees rather than only some of them (see Kennewell v Dye), it seems unlikely that a notice cannot be served after the death of one of them. The
When setting out the landlord’s proposals in an unopposing section 25 notice for the property which is to be comprised in a renewal tenancy, must the address of the property be included in the proposals?
Q&As
A landlord’s section 25 notice must be in the form prescribed by the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, (SI 2004/1005). Pursuant to section 25(8) of the Landlord and Tenant Act 1954 (LTA 1954), a landlord’s unopposing section 25 notice must also include proposals as to the property comprised in the new tenancy (ie whether this is to be the whole
When settling a claim in the small claims track (a) can the parties simply file correspondence confirming their settlement without the need to file a consent order and so, importantly, avoid the need to pay a fee for filing a consent order, and (b) can the claimant simply discontinue the claim and avoid any liability for costs to the defendant on the basis it is a small claims track case? The context to the question is that defendants in such cases may adopt the position that it is cheaper for the claimant to discontinue or simply file correspondence as to the settlement, and so refuse to pay the fee required when filing a consent order.
Q&As
Disposing of small claims proceedings General Although the small claims track process under CPR 27 and CPR PD 27A provides for a much more straight forward process of litigation and specifically excludes the application of a number of the more complicated parts of the CPR (such as CPR 36 and CPR 31), there is nowhere within CPR 27 or CPR PD 27A provisions for the disposal
When settling a small claims track claim, do you need to file a consent order or is it sufficient to write to the court to request the hearing be vacated as the claim has settled?
Q&As
In answering this Q&A, we have limited our research to cover settlement of small claims other than by way of a Part 36 settlement. In conducting our research we have focussed on whether a consent order needs to be filed when settling a claim in the small claims track. The small claims track is governed by CPR 27 and CPR PD 27, however, this should be read in conjunction with the court guides. For information on the small claims track generally, see Practice Note: Small claims track—case management. CPR 27.2 stipulates the rules in the CPR which do not apply to small claims. It should be noted that Part 36 (offers to settle)
When settling a trade mark/passing off dispute further to a letter before claim, if a party wishes to agree to provide details of customers to whom sales of infringing goods have been made and details of the purchases made, would this breach UK data protection law?
Q&As
For the purposes of this Q&A we have: • assumed the ‘details’ requested including personal data as defined under applicable data protection law (for further information, see Practice Note: Key definitions under the DPA 1998) • focused exclusively on the position in respect of personal data under the current Data Protection Act 1998 (DPA 1998), and • not commented on the position under the General Data Protection Regulation, Regulation (EU) 2016/679 (which applies from 25 May 2018 and will replace current UK data protection law) and/or the Data Protection Bill. For further information, see Practice Notes: Introduction to the EU GDPR and UK GDPR and The Data Protection Act 2018 As explained in Practice Note: Non-disclosure exemptions under the DPA 1998, the DPA 1998 requires personal data to be processed in accordance
When sharing personal data between health and social care bodies, which exemptions in the Data Protection Act 2018 apply? Do any restrictions or limits apply to what can be shared?
Q&As
The Data Protection Act 2018 (DPA 2018) provides for certain exemptions to the general data protection rules established by Assimilated Regulation (EU) 2016/679, the United Kingdom General Data Protection Regulation (UK GDPR) and the DPA 2018, some of which may be applicable where a health and/or social care body wishes to share personal data with another such body. Key areas to consider are the health care and social care exemptions in DPA 2018 Sch 3, Pts 2–3. In brief, these allow derogations from data subject rights under the UK GDPR where: i) lack of derogation would likely cause serious harm to the individual (but note that this exemption applies only to the data subject's right of access); or ii) personal data has been requested by a person with parental responsibility
When sharing personal data intra-group is an agreement required?
Q&As
This Q&A does not consider personal data sharing/transfers in relation to international transfers. For further guidance on international transfers, see Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations. The answer to this Q&A will depend on whether the personal data is being shared between subsidiary companies in a controller to controller or controller to processor relationship. Determining roles It is vital that organisations involved in the sharing or other processing of personal data understand and identify their roles (eg processor, independent controller or joint controller) under Regulation (EU) 2016/679, the General Data Protection Regulation (the GDPR). The role each party plays will establish the obligations of each party under data protection law and plays a vital part in allowing parties to identify the contractual and other risk mitigation steps they should