A clawback or overage agreement is a provision that allows a party when disposing of land to benefit from any future uplift in the value of that land, for example if planning permission is granted or if development is carried out. It is also commonly included in circumstances in which a developer wishes to develop land and sell off parts of the development (such as houses) so that payment

An estate agent must be a member of an approved redress scheme. There are two approved schemes (details of which are available from their respective websites): • The Property Ombudsman • Property Redress Scheme Any complaint about an estate agent should first be dealt with in accordance with the agent's internal complaints procedure. If the complaint remains unresolved, it should be submitted to the Ombudsman for the scheme of which the estate agent is a member. No complaint can be made about conduct which pre-dates the estate agent’s membership of the scheme. The

In this scenario, the property was owned as tenants in common by a married couple, A and B. After A’s death, a grant of probate was issued in A’s estate to B and another executor: C. B has lost mental capacity and D is acting as their attorney under a financial affairs lasting power of attorney. D wishes to sell the property. Grant of representation in A’s estate The grant to B and C is no longer valid as B has lost capacity. C should apply for the grant to be revoked and a new grant issued

Although you have two separate applications here for two different roles under two different Acts, the applications in this case are being made by the same individual. For this reason, it would be possible to use one set of application forms to make a ‘dual’ application, ie one set of COP1, COP1A, COP1D, COP3, COP4, COP12 and COP24 witness statement setting out the information in paragraph

The Landlord and Tenant Act 1954 (LTA 1954) governs the relationship between the vast majority of landlords and tenants of business premises; the rights and obligations afforded by the 1954 Act supplement those set out in the terms and conditions of any lease. The LTA 1954 applies to: 'any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him for those and other purposes'. There are a number of elements which turn to be considered in the

It is important that the correct person be identified as the tenant, as nobody else can properly be served with a section 25 notice or be entitled to claim a new tenancy under the Landlord and Tenant Act 1954 (LTA 1954). LTA 1954 contains quite comprehensive definitions of the meaning of 'landlord'. Where there are subtenancies of the premises, although only one tenant can have the protection of LTA 1954, there will inevitably be more than one landlord: that person's immediate landlord and then any superior landlord. There can only be one tenant for the purposes of LTA 1954 because there can only be one person in occupation for the purposes of the tenant's business. A person may well be a tenant of one party, yet landlord of another but there can

Statutory protection of the existing lease The reversionary lease can be contracted out of the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954), even though the existing lease is not, but the formalities must be completed before the lease (or agreement to it) is entered into. If the existing lease confers security of tenure under LTA 1954, it will no longer

The triggers for compulsory registration under section 123 (as originally drafted) of the Land Registration Act 1925 (LRA 1925) (repealed by the Land Registration Act 2002 (LRA 2002)) did not include the grant of a protected first legal mortgage over an unregistered freehold estate. This trigger was introduced by section 1 of the Land Registration Act 1997 (LRA 1997) with effect from 1

The general principle is that parties have the right to know the case against them (Al Rawi v Security Service (JUSTICE and others intervening)). However, there can be exceptions to this general rule in cases concerning children as well as in cases concerning adults lacking mental capacity, as per Baroness Hale in Re A (A Child) (Family Proceedings: Disclosure of Information) [2013] 1 FLR 94 ) (not reported by LexisNexis®) (para [18]): ‘Are cases about the future care and upbringing of children any different? The whole purpose of such cases it to protect and promote the welfare of any child or children involved. So there are circumstances in which it is possible for the decision-maker to take into account material which has not been

The Freedom of Information Act 2000 (FIA 2000) is triggered where a valid request is made for information held by a public authority. The extent to which information may be disclosed in response to a request will vary depending on the nature and circumstances of the request and the information involved. Public authorities have a duty under FIA 2000, s 1(1) to respond to a freedom of information request, to confirm or deny whether they hold the information being requested and, if they do hold it, to communicate that information to the requester. However, there are certain exemptions under FIA 2000, which may excuse the public authority from the duty to confirm or deny whether the information is held and/or the duty to communicate

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one where the mortgagee does not take the deeds—see: section 2(4) of the Land Charges Act 1972 (LCA 1972). It is protected by a Class C land charge (see: LCA 1972, s 2(1) and 2(4)(i), which provides security to the lender in the event that the mortgaged property is disposed of). Where a company has been dissolved, its rights and assets vest in the Treasury Solicitor as bona vacantia (section 1012 of the Companies Act 2006). Assets include interests in land, and therefore would include

Part 25 of the Companies Act 2006 (CA 2006) governs the procedure for a company to register at Companies House a charge that it has created over its assets. Since April 2013 it has not been mandatory to register a charge at Companies House, but there are significant consequences for failing to do so. In particular, CA 2006, s 859H provides that if a company creates a charge that CA 2006, ss 859A or 859B apply to and the charge is not registered by the delivery of the relevant particulars to Companies House within the relevant period (21 days from the creation of the charge) then the charge