Pursuant to section 83 of the Consumer Rights Act 2015 (CRA 2015), a letting agent in England and Wales is under a duty to publish details of its fees both at any office where there are face-to-face dealings with persons using the agents’ services and also on their website (if any). This requirement also extends to publishing details of fees on any third party website on which the agent advertises a property to let. Any breach of these provisions is generally enforceable by the relevant local weights and measures authority (the authority), pursuant to CRA 2015, s 87. Where the authority is satisfied, on the balance

This question raises the issue of the true status of a document and the legal effect of its terms. In Global 100 Ltd v Laleva, the Court of Appeal held that the proper approach is for the court to first 'identify the legal rights and obligations of the parties as a matter of contract before going on to classify them’. As well as the written terms, the court may look at the circumstances in which the agreement was made, including the reason why the occupier was let into occupation. The

The Housing Act 1988 (HA 1988) gives the landlord the right to possession against an assured shorthold tenant after the end of the fixed term, and provided 'the landlord or, in the case of joint landlords, at least one of them has given to the tenant...notice [in writing] stating that he requires possession of the dwelling-house'. The word 'landlord' includes 'any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the dwelling-house'. On the basis that the letting agent does not have a tenancy of the property,

A licence to occupy land gives to the licensee the right on a non-exclusive basis to occupy the land. Such a licence is a personal right granted by the landowner and does not confer on the licensee any interest in the land. A licence is therefore distinct from a lease, which is an interest in land and confers exclusive possession allowing a leaseholder to exclude from the property any person, including the landlord, save as permitted by the terms of the lease. A licence to occupy is usually quicker and simpler than the granting of a lease, but care must be taken as the description of a right as a licence

Generally, an assignment of a lease does not lead to it being determined. A lease may be determined only in one of certain recognised ways, ie: • by effluxion of time (in the case of a fixed term) • by notice to quit (in the case of a periodic tenancy) • by exercise of an option to determine • by operation of a condition subsequent • by forfeiture • by surrender • by merger • by disclaimer • by application to the County Court in the case of derelict land • (as from a day to be appointed) by a private landlord in England giving a tenant a notice bringing

The date of expiry of a notice is a matter of interpretation of the document under which it is served, and of the notice itself. Subject to that important caveat, if there are no indications in the document to the contrary (such as references to 'clear' days or months) is it likely that the 'corresponding date rule' would be held

The gift of the use, or of the free use and occupation of a house generally carries with it a gift of the rents and profits in the beneficiary's lifetime. In Re: Anderson, Halligey v Kirkley, the beneficiary was given the right to use and occupy the property for her own personal use and occupation only with no right to let. This operated as a licence to occupy, but once having notified the executors of her intention to occupy, ie to take up the right given, she could then sell and take the income from the proceeds of sale of the property. In

A life interest trust, which is also known as an interest in possession (IIP) trust, is a mechanism whereby rather than absolute title passing to a beneficiary, that beneficiary is instead granted an interest in property for the duration of his life. Such a trust ordinarily entitles the beneficiary or beneficiaries of the life interest the right to the income from the property or to live in the property if they wish. Ordinarily, capital cannot be taken from the trust. After the death of the beneficiary, anyone named as successor or the residuary beneficiary takes the property absolutely. See Practice Note: Creation of trusts—life interest trusts. Life interest trusts are often utilised where

Meaning of ‘outgoings’ For a definition of ‘outgoings’, see: Outgoings: Words & Phrases Legally Defined: ‘OUTGOINGS The term “outgoings” is of very wide import, and includes not merely rates, rent, repairs and the ordinary expenses of cultivating or managing… property, but also expenses, even if of a capital nature, of works executed by local authorities under their public health, highway and other powers which are recoverable from the owner, and which are also, in general, charged on the property. (42 Halsbury's

The underlying premise in respect of life interest trusts and inheritance tax (IHT) is that the life tenant is deemed to own the trust assets for IHT purposes. However, should the life tenant as beneficiary dispose of their interest in possession (and here we are assuming that the life interest in this scenario is a qualifying interest in possession (QIIP)) the beneficiary is treated as terminating the interest (section 51 of the Inheritance Tax Act 1984 (IHTA 1984)) and is thus making a transfer of value by virtue of IHTA 1984, s 52(1). In this scenario, consideration was received and this amount was deducted from

For the purposes of this Q&A we have assumed that the trust is a discretionary trust. What is a family trust? A family or discretionary trust is a ‘non-interest in possession’ trust. How are assets held and administered? The trustee holds legal title to real or personal property for the benefit of potential beneficiaries as provided for in the trust instrument. These potential beneficiaries are merely objects of the trust. No such beneficiary has a present right to present enjoyment of the assets of the trust or the income produced by the trust assets. In broad terms this means that the potential beneficiaries under the trust have only a hope, not a right,

Where a UK limited company acquires residential property, the additional 3% rate of SDLT applies where: • it purchases a major interest in a dwelling • the chargeable consideration is at least £40,000, and • the purchased interest in the dwelling is not subject to