If the notice is invalid, then the provision deeming withdrawal does not apply because it only applies to a valid notice. It has been held in the context of a section 13 notice under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) that the prohibition on serving a further notice did not apply to an invalid notice and the tenants would not be estopped from

It is possible for there to be a tenancy where the freehold is owned by A and B and B is the tenant—ie A and B are the landlord and B is the tenant. A restrictive covenant is automatically extinguished where the fee simple in the land

Restrictions upon the assignment of the lessee’s interest in a lease are common. The concept is familiar. Subject to statutory restrictions against refusing to allow an assignment on grounds which amount to discrimination, provided the lessor does so on grounds which are reasonable, they may reserve a right to refuse to give consent to it in a given case. The law gives a measure of protection to this. While an assignment in breach of such a restriction is effective to transfer the interest, it gives the lessor a

Section 30 of the Highways Act 1980 (HiA 1980) allows for an agreement to be reached by the owner of the land dedicating that land to the public for the purpose of widening the highway. The dedication does not usually amount to a transfer of the land from the landowner but rather means that the land becomes a highway and maintainable at public expense. HiA 1980, s 72 contains similar provision in respect of the widening of existing highways, and HiA 1980, s 25 contains

This reply addresses the scenario where the child is located in a country that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the 1980 Hague Convention). For practical guidance on non-Hague Convention countries, see Practice Notes: Child abduction—wardship and inherent jurisdiction (non-Hague Convention) and Child abduction—enforcement (non-Hague Convention cases). Depending on the length of time the child has been in the new country and the circumstances of their departure, it may be that they have acquired a new habitual residence, potentially conferring jurisdiction to deal with substantive questions as to the child’s welfare on the courts of the new country. It may therefore be prudent to seek the advice of a lawyer in that jurisdiction. See further Practice Note: Jurisdictional issues in children proceedings. Where a return order is sought in relation to a child under the 1980 Hague Convention, the ‘abducting’ parent may rely upon the defence

This Q&A assumes that X owns a freehold or long leasehold interest in the home. This response does not consider any UK tax issues that may be relevant to the situation described. One child remains living at home with a parent or parents and has no formal rental or tenancy agreement. Claims that you may wish to consider include: • proprietary estoppel • resulting trust • constructive trust • the child may claim that they were maintained by their parent and so make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 The following may assist: • Practice Notes: ◦ Proprietary estoppel—contentious trusts and estates ◦ Resulting trusts ◦ Constructive trusts

A mother will have parental responsibility automatically. Under section 2(6) and (9) of the Children Act 1989 (ChA 1989), such parental responsibility cannot be removed, suspended or altered. The exception arises where an adoption order would vest parental responsibility with the adopters and so extinguish it within the biological parents; likewise if a parental order is made under section 30 of the Human Fertilisation and Embryology Act 1990. A father will have parental responsibility automatically if: • he was married to the child’s mother at the time of birth (ChA 1989, s 2(1)), or • he was unmarried to the mother, but his name

Section 8(1)–(3) of the Child Support Act 1991 (CSA 1991) provide that in any case where the Child Maintenance Service (CMS) would have jurisdiction to make a maintenance calculation, whether it has made one or not, the court does not have any power to ‘make, vary or revive any maintenance order in relation to the child and non-resident parent concerned’. There are limited exceptions to that prohibition. One of them is where there has been a maximum assessment by the CMS, which is currently where the respondent has a gross income greater than £3,000 per week. In such circumstances, an applicant may apply for ‘top-up’ of what would otherwise be the maximum amount assessed by the CMS. Another exception under which the jurisdiction of the court is

A child arrangements order (CAO) is made under section 8 of the Children Act 1989, (ChA 1989), and it can provide that a child lives with parent A and spends time with parent B. If at the end of contact parent B fails to return the child to parent A, and attempts by parent A to persuade parent B to return the child fails, parent A can sometimes obtain assistance from the police in persuading parent B to return the child. Although, a CAO is a civil order and a breach of a ChA 1989, s 8 order is not a criminal offence, when parent B is in breach, the police are sometimes willing to assist parent A in persuading parent B to return the

In order to establish the parent’s duties towards the minor beneficiary, it will be necessary to consider in detail the Child Allowance Award provisions under the pension scheme to see if these impose any duties on the parent or guardian accepting receipt of the monies on behalf of the minor beneficiary or whether they establish

It is an offence to remove a child under the age of 16 from the UK (even where a party has a connection with a child) without the appropriate consent. A person connected with the child may obtain the appropriate consent under the Child Abduction Act 1984 either by obtaining consent from each of the following: the child's mother; the child's father, if he has parental responsibility; any guardian of the child; any special guardian of the child; any person named in a child arrangements order as a person with whom the child is to live, or any person who has custody of the child; or by obtaining the leave of the court. The offence is punishable by imprisonment. Whether or

The aim should be for the local authority social workers to work closely with their counterparts in the foreign country in order for there to be co-operation in the exchange of information and for a thorough assessment to be carried out. Whether or not the assessment is carried out by an English social worker who travels out to the country in which the parent is living, or by a professional situated in the country in which the parent is living, will depend on the circumstances of the case. The best procedure to adopt will depend on which jurisdiction the parent is living in. If the parent is living in a country that is a Member State of the EU (other than Denmark), or a state party