This Q&A considers the effect of a notice under section 24(3) of the Landlord and Tenant Act 1954 (LTA 1954) (section 24(3) notice). Part II of the 1954 Act LTA 1954, Pt II is a regime which provides a degree of security of tenure where the tenant uses the premises for their own business (LTA 1954, s 23(1)). Issues can arise regarding what amounts to a business and whether there is a sufficient connection

Section 3 of the Party Wall etc Act 1996 (PWA 1996) provides that before a ‘building owner’ undertakes any work covered by PWA 1996, s 2 on a party wall, they shall serve on any ‘adjoining owner’ a notice setting out: • the name and address of the building owner • the nature and particulars of the proposed work including, in cases where the building owner proposes to construct special foundations, plans, sections and details of construction of the special foundations together with reasonable particulars of the loads to be carried thereby • the date on which the proposed work will begin An ‘adjoining owner’ is defined at PWA 1996,

Liability for damage by fire may arise either in: • negligence (Goldman v Hargrave) • nuisance (The Wagon Mound (No 2)), or • Rylands v Fletcher (Jones v Festiniog Rly Co) The appropriate tort in which to sue will depend on the facts of the case (for example, whether the damage caused was reasonably foreseeable, whether there was an escape from one property to another, whether the fire amounted to a non-natural user of land, and so on), although very often it will be appropriate to plead under all three heads (plus any others that might be appropriate). Note

Section 38A of the Landlord and Tenant Act 1954 (LTA 1954), in conjunction with the relevant provisions of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (2003 Order), SI 2003/3096, governs the procedure by which the parties may lawfully contract out of (or exclude) the security of tenure provisions contained in LTA 1954, ss 24–28. Putting it somewhat broadly, the prescribed procedure requires the landlord to serve notice in the required form on the tenant before they into the tenancy or become contractually bound to do so, and the

As a matter of construction, there is no particular legal difficulty in making reference in a lease (which amounts to a contract) to terms in an earlier lease, as incorporating those terms by reference is likely to be sufficient to bring them within the contract between the landlord and the new tenant. This will, however, very much depend upon the manner in which the original lease is drafted and the way in which the incorporation by reference of its terms is intended to be carried out. Working on the assumption that the original lease contains clauses requiring

A tenant's right to break is often conditional on compliance with covenants. If conditions are not fulfilled, the break clause may not operate and the lease could then continue for the remainder of the term or at least until the next break date. If the break is conditional on payment of money (as in a requirement to have paid ‘all monies due’), it is essential that the tenant identifies all the provisions in the lease which require the payment of money on or before

This Q&A is referring to the amendments to the National Minimum Wage Regulations 2015 (NMW Regs 2015), SI 2015/621, reg 21 made by the National Minimum Wage (Amendment) (No 2) Regulations 2020, SI 2020/339 with effect from 6 April 2020. The effect of NMW Regs 2015, SI 2015/621, reg 21 is explained in some detail in the section of Practice Note: National minimum wage entitled Salaried hours work. Conditions for salaried work Under NMW Regs 2015, SI 2015/621, reg 21, salaried hours is work which is done under a worker's contract and meets all of the following conditions: • the worker is contractually entitled to be paid an annual salary (or an annual salary and one or both of a performance bonus and a salary premium)

Termination clauses Termination clauses typically provide for an agreement to be ended on notice or with immediate effect upon specified events occurring, such as material or persistent breach of its terms or insolvency. They are interpreted in the same way as other terms of commercial agreements. For further guidance, see Practice Note: Contract interpretation—the guiding principles and Formation and interpretation—overview. Clauses giving the right to terminate on the cessation of business are usually combined with a clause giving such right on the insolvency of the other party. For example, it might be to the effect that either

We refer you to the following Practice Notes: • IHT—residence nil rate band • IHT—residence nil rate band Q&As, in particular subsection: ‘Property left to direct descendants with right of occupation for third party or a descendant’ Does the RNRB apply where a testator leaves their property to a direct descendant subject to a right of occupation to a non-descendant? You will see from the above Practice Notes that, where a testator leaves a ‘qualifying residential interest’ (QRI) to be

This Q&A assumes that the life interest in question was a qualifying interest in possession (QIIP) for inheritance tax (IHT) purposes. If this is not the case, then the taxation of the trust would be subject to the relevant property regime and this is not considered in this answer. The IHT treatment of QIIP trusts is covered

The usual process where one of the executors named in the Will lacks mental capacity but the others are willing and able to act would be for those other executors to apply for the grant of probate with power reserved to the incapacitated executor. Notice must be given to the

The specific issue is whether the testator should make separate English and French Wills (both electing English law to apply) or whether it is preferable to have one Will covering all the assets. The election for English law to apply under any Will or Wills would be made under Regulation (EU) No 650/2012 (the Succession Regulation) known as Brussels IV which applies to deaths on or after 17 August 2015. The aim of the Regulation is to simplify and unify succession law and the administration of cross-border estates when individuals die with assets in more than one EU Member State. See our Practice Note: Will drafting—applying the EU Succession Regulation for more information. The UK has not signed up to the Succession