The Academies Act 2010 (AcA 2010) and regulations made thereunder makes provision for the transfer of land from the local authority to the Academy Trust. While there is power in AcA 2010, Sch 1 to provide for outright transfer, the guidance from the Department for Education in its document, Land Transfer Advice (April 2013) is that in the vast majority of cases the transfer will be by way of a 125-year lease to the Academy Trust, thus preserving the public land. It is usually only in those cases where a school already owns their own land prior to conversion to an academy that

Housing benefit is ordinarily paid directly to the tenant, who then pays rent to the landlord from their funds. If housing benefit is overpaid the local authority will usually either stop housing benefit payments or recoup the same. If the recoupment is in error (for example by way of a double recovery) the amount mistakenly recouped will need to be returned. See Practice Note: Housing benefit and the local housing allowance [Archived]. A private landlord can request that the local authority pay housing benefit directly to them, and such requests will usually be granted if the tenant is at least eight weeks in arrears of rent. There are various other circumstances where such

A ‘looked after child’ is a term which covers a child subject to a care order, interim care order or supervision order. Where a child is in the care of the local authority, the local authority shall allow that child reasonable contact with their parents, any guardian or special guardian, any person who has parental responsibility pursuant to section 4A of the Children Act 1989 (ChA 1989) and any person who had care of the child immediately prior to the granting of a care order by virtue of an order made in the exercise of the High Court’s inherent jurisdiction. It is open to the local authority to apply to the court for an order authorising there to be no contact with any of those persons listed at ChA 1989, s 34(1) pursuant to ChA 1989, s 34(4). Applications

Pursuant to the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541, an enforcing authority, is required to notify the local housing authority of their intention to issue a prohibition notice, and also serve that same prohibition notice. Service of prohibition notices is governed by SI 2005/1541, art 48. For more information on the different ways to validly serve a prohibition notice, see commentary: Service of notices under the Regulatory Reform (Fire Safety) Order 2005: Halsbury’s Laws of England [104]. SI 2005/1541, art 31(6) provides that the enforcing authority shall notify the local housing authority of their

A tenant who holds a long lease of a flat has a statutory right (subject to compliance with statutory qualifying criteria) to a 90-year extension of the lease, for which the tenant must pay a premium. See generally Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993. One of those criteria is that the tenant has owned the leasehold interest in the flat (ie has been the registered proprietor of that interest) for at least two years before service of the notice requesting an extended lease (section 39(2), (8) of the

The question is, can a landlord refuse to permit a tenant to keep a guide dog, or other assistance dog, in a flat, the lease of which contains an absolute prohibition on keeping pets? The short answer is no for several reasons. The first is that guide dogs, and other assistance dogs, such as hearing dogs for the deaf, are working animals, not pets, and are relied on by their owners for independence and mobility. The training that these dogs receive and the monitoring of their health and wellbeing means that they are unlikely to be a problem to the landlord or other tenants. They are under the close supervision and control of their owner at all times.

Yes. Paragraph 9.1 of the Land Registry Practice Guide 27: the leasehold reform legislation states that the application for registration of the new lease should be made in Form FR1 if the reversionary title is unregistered

Service charge clauses of residential leases commonly contain a provision requiring an accountant, surveyor or managing agent to provide a certificate relating to the costs which have been incurred by the landlord or management company during the service charge year. However, despite significant case law about various aspects of ‘certification’, there is not a lot of material about the basics of what a certificate is. The requirement for a certificate usually arises in one of two contexts. The lease may (less usually) require some form of certification in relation to the estimated expenditure in the forthcoming service charge year; which will then form the basis of an in advance demand. Further or alternatively, and more commonly, a certificate may be required in relation to the end of year service charge accounts. In the latter context

Where there is already an order in place for the payment of a lump sum, the issue is different from that considered by the Supreme Court in the appeal regarding Unger v Ul-Hasan (Deceased) and another as to whether an unadjudicated claim (in that instance, under Part III of the Matrimonial and Family Proceedings Act 1984) can survive the death of the respondent and be continued against their estate. The question does not indicate whether the lump sum order in question is by way of a pension attachment order or is non-attached, ie whether or not it is directed to the pension arrangement under section

Following the conviction of a offender, the criminal court must proceed to impose sentence. Each offender before the court is sentenced based on the seriousness of the offence, their individual role in the commission of that offence and their personal circumstances. Where co-defendants are convicted, the court should proceed to sentence the offenders at the same time unless there is a compelling reason not to do so. For further information see: Sentencing co-defendants: Stone’s Justices’ Manual 2021 [3.7]. Where a court is dealing with an offender for an offence and the offender is aged 18 or over when convicted the court must have regard to the following purposes of sentencing, according to section

There is nothing in the requirements for leave as the family member of a relevant points-based system migrant (RPBSM) in the Immigration Rules, Part 8, paras 319C or 319E that would require an application from a dependant to be made where their RPBSM has switched categories within the points based system (PBS). The only exception is where the RPBSM has moved into the Tier 4 (General) category. In some cases, a dependant must apply at the same time as the main applicant. For further information on this, see the information about Option 1 in Partners of of work, investment and study migrants—Additional

A person who, without the consent of the owner, connects their drains to a sewer, whether public or private, will commit a trespass and be liable to the owner in damages unless they can show that the owner acquiesced to the connection. See Cook v Minion (1978) 37 P & CR 58 (not reported by LexisNexis®). Accordingly, the person wishing to connect to the sewer will need drainage rights or easements over any private land between