When spouses own a property as joint tenants rather than as tenants in common, they have equal rights in respect of the whole property. In practical terms, this means that the property automatically will go to the other spouse if one of them dies. The manner in which spouses hold a property (whether as joint tenants or as tenants in common) will have no impact on the division of assets by the court within financial remedy proceedings. However, people who are going through the process of divorce will often sever a joint tenancy in order to avoid the risk that their spouse will inherit automatically in the event of their

Where married parties separate and the court divides up the matrimonial assets by the application of its powers under the Matrimonial Causes Act 1973 (MCA 1973), there may be insufficient assets to enable both parties to rehouse. Although the court will start from the position that the matrimonial assets should be divided equally between the parties (see Miller v Miller; McFarlane v McFarlane), the court may depart from that position and such departure will often be required to meet the needs of one party who may be in a weaker financial position or, more usually, who is the primary carer of the children. The welfare of minor children of the family is

A matrimonial home (and its contents) will usually be treated as matrimonial property whether it is owned by one spouse or in joint names. The rationale for this is that the matrimonial home has a unique place within the parties’ relationship (Miller v Miller; McFarlane v McFarlane). It has been held that a matrimonial home is matrimonial property whatever its source (S v S (Non-Matrimonial Property: Conduct)), but this may be too inflexible a proposition

This Q&A assumes that: • personal data is being transferred by an entity in the EU, which offers goods/services to or monitors the behaviour of data subjects in the EU (and that the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) applies) • personal data is being received by an entity in a jurisdiction other than the EEA • the movement of data in question falls within the category of international transfers restricted by Article 44 of the EU GDPR The issue of international transfers of personal data is a complex one; this answer summarises some of the main legal points relevant to the question and signposts other materials which should be consulted (along with relevant legislation and regulatory guidance) for further details. Those new to data protection law may wish to start by reading: EU GDPR regime (EU Law)—overview and International transfers

This Q&A assumes that: • personal data is being transferred by an entity in the UK, which offers goods/services to or monitors the behaviour of data subjects in UK (and theUK GDPR regime applies) • personal data is being received by an entity in a jurisdiction other than the UK or the EEA • the movement of data in question falls within the category of international transfers restricted by Article 44 of the UK GDPR The issue of international transfers of personal data is a complex one; this answer summarises some of the main legal points relevant to the question and signposts other materials which should be consulted (along with relevant legislation and regulatory guidance) for further details. Those new to data protection law may wish to start by reading Practice Note: Data protection law—new starter guide, and International transfers—overview. Chapter V

It is assumed that the deed in question is in respect of a general commercial transaction. Deeds For an instrument to be a valid deed, it must comply with four formalities comprising both statutory and common law principles: • in writing: the document must be in writing and cannot be made verbally • face value: it must be clear from the face of the document that it is a deed by the person making it or, as the case may be, by the parties to it (whether by describing itself as a deed or expressing

The Assignment of lease—acting for the landlord—checklist states: 'Nature of prohibition Does the covenant impose an absolute or qualified prohibition? Even if the prohibition is absolute, is the landlord nonetheless willing to consider/grant the application? If so: • will this be by way of deed of variation or personal

Under section 96A of the Town and Country Planning Act 1990 (TCPA 1990), a local planning authority (LPA) may make a change to any planning permission relating to land in their area if satisfied that the change is not material. TCPA 1990, s 96A(4) provides that an LPA can only make such a change on an application made by or on behalf of a person with an interest in the land to which the planning permission relates. In England, the procedure for an application for a non-material

Surrender by operation of law A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is demonstrated by the delivery of possession by the tenant and acceptance by the landlord. The fact alone that the tenant has vacated while owing rent is not sufficient evidence. It is unlikely that omission can ever amount to the necessary unequivocal conduct (although this may perhaps be different in an extreme case, for example if the tenant has been absent from the premises for a considerable period of time and owes substantial arrears of rent). (Belcourt Estates v Adesina). The grant by the landlord

Where lease renewal proceedings have not yet been issued by either party, the landlord may either choose to wait for the expiry of the statutory period (ie the date specified in any section 25 notice, the day before the date in the tenant’s section 26 request or any date set out in any agreement extending the statutory period), to see if the tenant vacates or issues proceedings. If proceedings are not issued by this date, the tenant will have lost their right to seek a new tenancy

This Q&A assumes that proceedings have been started but that the parties have agreed: • a schedule or other mechanism by which the agreed sums are to be paid (or alternative terms are to be complied with) • agreed that there should be judgment in the proceedings brought to dispose of the dispute, and • agreed that the judgment should not be enforced if the schedule of terms or other mechanism for payment is maintained It is also assumed that the settlement arrived at has contractual force. For detailed guidance on confining settlement agreements to writing, see Precedents:

A lease that starts on a future date is a reversionary (or future) lease. We have assumed that the landlord has a current lease and a reversionary lease and that the terms of the two leases run consecutively rather than concurrently. For guidance on concurrent leases see Practice Note: Concurrent leases. As highlighted in the question, the grant of an underlease for a term that is longer than the tenant’s remaining lease term generally operates as an assignment and not as