Is an EPC required on a lease renewal? The energy performance certificate (EPC) guidance for Non-Dwellings, (Ch 3) states that the purpose of the EPC requirements during sale or rent is to enable potential buyers or tenants to consider energy performance as part of their investment. However, not all transactions are considered to be a sale or let. Lease assignments and sub-lettings are caught by the EPC Regs 2012, however, the following four types of transaction are not caught by the requirements: • lease renewals or extensions—however the position have become less clear since the publication of the Non-Domestic MEES Guidance, see Practice Note: Minimum energy efficiency standards (MEES)—non-domestic property—transactional issues—Interaction with Landlord and Tenant Act 1954 • compulsory purchase orders • sales of shares in a

Hire-purchase and conditional sale agreements are commonly used to finance the purchase of goods (see Practice Note: Entering into a consumer hire agreement as owner). They are classed as credit agreements under the Consumer Credit Act 1974 (CCA 1974) and differ slightly in their operation. Hire-purchase agreements typically involve periodic payments with an option to purchase the goods at the end of the term (usually through the payment of an option to purchase fee). This is very common in

This Q&A relates to section 1 of the Leasehold Reform Act 1967 (LRA 1967), whereby a tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard etc) who has owned the property for at least two years has a statutory right to acquire the freehold (as opposed to the statutory right to an extended lease as to which, see Practice Note: Guide to the right to enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (LRA 1967)). It is not possible to contract out of the right to enfranchise under LRA 1967. Exclusions It is not possible to enfranchise under the following circumstances: • the house let is ancillary to other land or premises

For information on the accrual of paid holiday entitlement during maternity leave, see Practice Note: Maternity leave—Holiday entitlement during maternity leave. In relation to holiday pay, a worker is entitled to be paid: • in respect of any period of statutory holiday • in lieu of any statutory holiday entitlement accrued but unused on termination of their employment During any period of statutory holiday, a worker is entitled to be paid at the rate of a ‘week’s pay’ for each week of holiday. For further information, see Practice Note: Holiday pay. Regulation 16 of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 provides that sections 221–224 of the Employment Rights Act 1996 (ERA 1996) apply for the purposes of calculating a week’s pay for each week of leave. The

A joint tenancy can be the subject matter of a post-death variation. In the case of a joint tenant who receives the deceased’s interest in a jointly held asset by survivorship, it is possible to execute a deed of variation to notionally sever the joint tenancy and cause the resultant beneficial interest of the deceased to fall into the estate and pass under a varied Will. This arrangement is contemplated in the wording of the section 142(1) of the Inheritance Tax Act 1984, which refers

This question raises the issue as to the extent to which more than one person can be granted a right of way over the same plot of land. Given the tests which are applied to determine whether there has been an interference with an easement, the answer is fact specific. The larger the area over which the rights exist and the more readily they can exist at the same time without affecting one another, the more likely that a second person can be granted a right. It is assumed that in the case of registered land each right is, or by the time the second one is granted, will be the subject of registration at HM Land Registry. The issue really is the effect on the first person of granting a second right of way over the land across which he already enjoys

For an application to be made to the court to stay the granting of a final order, there must be in place a conditional order. No jurisdiction to grant a final order will arise, unless there is a conditional order. The use of the inherent jurisdiction will be of lesser use given the extension of the special protection afforded by section 10 of the Matrimonial Causes Act 1973 (MCA 1973) to all applications for divorce in relation to proceedings issued on or after 6 April 2022. Where there was a real risk of prejudice to one party in divorce proceedings, the court has held that it could, in the exercise of its discretion, refuse to grant an application for a final order until the other party had complied with orders for what was then ancillary relief (Wickler v Wickler).

A divorce petition cannot proceed, unless the court is satisfied that (inter alia) a copy of the petition (including any amended petition) has been duly served on every party required to be served (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.20(6)(a)). There are specific rules for the service of applications for matrimonial orders and these are set out in Chapter 2 of FPR 2010, SI 2010/2955, Pt 6. A divorce petition may be served by way of personal service in accordance with FPR 2010, 2010/2955, 6.7, or by first class post or other service which provides for delivery on the next business day in accordance with FPR 2010,

We assume this Q&A is referring to transfer of school lands rather than transfer of pupils from one school to another using a statutory transfer form. Section 74 of the School Standards and Framework Act 1998 (SSFA 1998) brings into force SSFA 1998, Sch 21, Pt I which provides for the transfer of land. One form of statutory transfer can be seen in SSFA 1998, Sch 21, Pt I, para 2: ‘(1) Where any land is transferred to and vests in any body in accordance with this Schedule, any rights or liabilities— (a) enjoyed or incurred by the transferor in connection with the land, and (b) subsisting immediately before the appointed day, shall also be transferred

This is likely to depend on whether all formalities of the unlawful assignment were completed. If the legal formalities of the assignment were completed An assignment of a leasehold interest in land must be in writing and, in order to pass the legal estate, it must be made by deed. For registered leases legal assignment takes place only when registered at the HM Land Registry. Until registration occurs the assignment has effect only in equity. See Practice Note: The ‘registration gap’, and Transfers and assignments—overview—Property. On completion of registration the assignee will be the relevant party on which to serve the schedule of dilapidations. See Commentaries: • An assignment of legal estate must be made by deed: Hill and Redman's Law of Landlord and Tenant [1081] • Assignment: Ross: Commercial Leases [2] However,

Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate are separate. The legal estate must be held by the co-owners as joint tenants. The beneficial interest in the property can, however, be held by the co-owners either as: • joint tenants, or • tenants in common Where

From 1 April 2018 commercial landlords (and residential landlords) have been required to achieve an EPC rating of at least E in respect of premises let under a new lease as a result of the Energy Act 2011 (EnA 2011) and the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, reg 22. That Regulation provides that a non-domestic PR (privately rented) property is sub-standard in such circumstances. By MEES Regs 2015, SI 2015/962, reg 27 a landlord of a sub-standard non-domestic PR property must not let the property unless an exemption applies or relevant energy efficiency improvements