Disrepair is an issue for many tenants. Whether it is being left without hot water due to a broken boiler, flooding from bad pipework, mould or other issues, tenants will often feel a justifiable grievance at having to pay rent to a careless landlord while suffering such issues. It may also be tempting to use the non-payment of rent as a lever to persuade a recalcitrant landlord to carry out necessary works that fall within their responsibility. There is a general repairing covenant implied into most residential tenancies (section 11 of the Landlord and Tenant Act 1985) and the Homes (Fitness for Human Habitation) Act 2018 strengthened the protections and remedies available to tenants. However, there is no general right for a tenant to withhold rent, and most leases

Time limit for application for relief from forfeiture for any breach other than rent arrears The process for claiming relief against forfeiture varies depending on the nature of the breach. If the breach is rent arrears, see Practice Note: Relief from forfeiture for rent arrears. If a landlord forfeits for a breach other than non-payment of rent it needs to serve a notice under section 146 of the Law of Property Act 1925 (LPA 1925) prior to forfeiture. In the case of a residential property which is occupied, the landlord then needs to obtain a court order to obtain possession. See Practice Note: Protection from eviction and protection from harassment. Under LPA 1925, s 146(2), a tenant can apply for relief at any time while the

Summary If the Will is silent on appropriation, the statutory power of appropriation will apply, enabling chattels to be appropriated to the residuary beneficiary in respect of their share of the estate. The consent of the other beneficiaries is not required. However, the personal representatives (PRs) should be mindful of their duty to act in a way that is just and reasonable when deciding on the appropriation of the deceased’s assets, having regard to the respective rights of all persons interested in the deceased’s estate. If such appropriation is made to a residuary beneficiary and satisfies only part of their ultimate entitlement, account will be taken of the appropriated property at its cash value at the date of appropriation per Re Richardson. Appropriation In the absence of express provision in the Will, the statutory power of appropriation under section

Family Procedure Rules 2010, SI 2010/2955, 10.6(1) (FPR 2010) provides that in relation to applications made under Part IV of the Family Law Act 1996 (FLA 1996), the applicant must, as soon as reasonably practicable, serve the respondent personally with a copy of the order and, where the order is made without notice, a copy of the application together with any statement supporting it. Where an order is made by lay justices, a copy of the written record of the court’s decision must also be served personally. A non-molestation order made under FLA 1996, Pt IV will not be enforceable unless it can be shown that the respondent is aware of the order, so it is essential

A non-molestation order must be served on the respondent personally, regardless of whether it was obtained without notice or at an inter partes hearing (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 10.6) as soon as reasonably practicable. Also, an application for a non-molestation order and for an occupation order must be served personally on the respondent not less than two days before the hearing, or within such period as the court directs (FPR 2010, SI 2010/2955, 10.3). Personal service is effected by way of handing the documents that require personal service directly to the respondent. Service of the order in accordance with the FPR 2010, SI 2010/2955 or court directions is essential. No injunctive order is enforceable unless it is proved that

In answering this question, it is assumed that the divorce application was issued on or after 6 April 2022. The court will list for the respondent’s application to dismiss the divorce application on the basis that the parties have reconciled before a district judge. If the applicant maintains their position at the hearing that there has been no reconciliation and that they wish to proceed with the divorce and apply for a conditional order, the district judge

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 10.3(1) provides that the applicant for a non-molestation or occupation order must serve a copy of the application, statement in support and notice of any hearing or directions appointment set by the court on the respondent personally not less than two days before the hearing or within such period as the court may direct. Note that the application must not be served personally by the applicant themselves (FPR 2010, SI 2010/2955, 10.3(1A)). FPR 2010, SI 2010/2955, Pt 6 deals with service of the application. The signpost in FPR 2010, SI 2010/2955, 10.3 points to FPR 2010, SI 2010/2955, 6.23 for the various

The rules governing service of a divorce petition within the jurisdiction are contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 and the supporting FPR 2010, PD 6A and FPR 2010, PD 6C. After an application for a matrimonial order has been issued by the court, a copy of it must be served on the respondent. The application cannot proceed, unless the district judge is satisfied that a copy of the petition has been duly served on the respondent. An application may be served by personal service, by first class post (or other service which provides for delivery on the next business day in accordance with FPR 2010, PD 6A or where

The respondent in divorce proceedings must file the acknowledgement of service (Form D10) indicating whether or not they intend to defend the divorce, within seven days beginning with the date on which the application for a matrimonial order was served (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.12(1)). Note that that period of time is extended if the petition is being served out of the jurisdiction (see the table in FPR 2010, PD 6B). A respondent wishing to defend the petition must file and serve an answer within

The Gender Recognition Act 2004 (GRA 2004) enables a person who has changed their gender to apply for a gender recognition certificate (GRC). If a GRC is granted, the person is then treated as a matter of law as being of their acquired gender. A GRC also allows the holder to acquire a new birth certificate stating their recognised legal gender. It takes effect from the date of issue, but is not retrospective. When originally enacted, the effect of GRA 2004 was that where a person wishing to obtain a GRC was married, they were required to divorce or annul their marriage before being able to do so. This was amended as of December 2014 by virtue of schedule 5 of the Marriage (Same Sex Couples) Act 2013 so as to enable a married party

In order for a debtor to enter into a debt relief order (DRO), a number of conditions must be met. One of those conditions, by reference to paragraph 8 of Schedule 4ZA to the Insolvency Act 1986, provides that the total value of the debtor’s property must not exceed the prescribed amount. Para 8 goes on to state that the rules (ie the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024) may determine with how a debtor’s property is valued, and provide that any particular descriptions are to be excluded for the purpose of calculating the total value of

Much will depend on the particular wording of the restriction, but prima facie a third party would not be entitled to 'step into the shoes' of the beneficiary of a restriction for the purpose of certifying compliance with it. It would