Pursuant to section 116(7) of the Finance Act 2003 (FA 2003), where there is a single transaction for the sale of a major interest in, or the grant of a lease over, six or more separate dwellings, the acquisition will be treated for SDLT purposes as non-residential property. As a result, the non-residential rates of SDLT apply to such

Unfortunately we cannot advise as to whether the grant of an easement constitutes a relevant disposal for the purposes of Part I of the Landlord and Tenant Act 1987 (LTA 1987) in the circumstances which are described as this would require us to give legal advice in relation to the particular scenario. However, the following information may be of assistance in your research. LTA 1987, Pt I gives qualifying tenants of flats a right of first refusal which prohibits the landlord from making a relevant disposal without first serving a notice on the qualifying tenants and ensures that the disposal is made in accordance

As set out in Practice Note: Higher rates of SDLT on additional residential properties, a beneficiary of a bare trust or a trust for life is treated as the purchaser for the purposes of the higher 3% rates. The conditions for the higher

We refer you to Practice Note: National Savings & Investments products. The interest earned on savings certificates is tax-free. See also section

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. The rules governing service outside the jurisdiction are contained in Chapter 4 of FPR 2010, SI 2010/2955, 6.40–6.48. After an application for a matrimonial or civil partnership order has been issued by the court, a copy of it must be served on the respondent (FPR 2010, SI 2010/2955, 7.8(1)). 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 (FPR 2010, SI 2010/2955, 6.7), 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 FPR

Financial remedy proceedings (previously referred to as ancillary relief) are brought under the Matrimonial Causes Act 1973 (MCA 1973) and allow the court to exercise wide powers following the grant of decree absolute in respect of the matrimonial assets. The powers of the court include requiring one party to transfer property, pay lump sums, pay maintenance and pension sharing orders. An application for a financial order may be made in an application for a matrimonial order (ie a petition for divorce, judicial separation or nullity) or at any time after that application has been made (Family Procedure Rules 2010, SI 2010/2955,

It is assumed for the purposes of this answer that the order made under Schedule 1 to the Children Act 1989 provides in the usual way for the settlement of property, under which there is a trust, licence or lease arrangement whereby party A retains ownership of the property and party B is entitled to occupy it with the child(ren) until certain specified events occur, eg during their minority or until

For guidance on the liability of an ‘employer’ for a driver’s negligence, see Practice Note: Vicarious liability in road traffic accidents. For further guidance on when a claimant may not have a direct right of action against an insurer under the European Communities (Rights against Insurers) Regulations 2002, SI 2002/3061, see Practice Note: Indemnity in personal injury claims. For guidance on motor insurance, see Practice Note: Motor insurance. The Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) simplifies and modernises the procedure for third-party victims to seek compensation from an insurer where the insured has

Enforcing a judgment against a debtor who is in prison Enforcing a judgment against a debtor who is in prison is a difficult proposition. It is worth considering the length of the custodial sentence and whether it is possible to monitor the judgment debtor’s release so as to enforce at a later date. The time frame for enforcing a judgment debt is six years. This period can be extended by application to the court if you can show good reason for not enforcing within six years. The judgment debtor’s imprisonment would seem to be a good reason for seeking permission to enforce outside of the six-year period if the imprisonment prevented enforcement during that time. The success of any enforcement will be dependent on what assets the judgment debtor has. The judgment debtor’s imprisonment will not necessarily put those assets out of the reach

It is assumed that the lease is a new lease for the purposes of the Landlord and Tenant (Covenants) Act 1995 ( LT(C)A 1995). Under LT(C)A 1995, s 3 the benefit of the tenant’s lease covenants and the burden of the landlord’s covenants are transferred to the assignee (ie the new landlord). Excluded from these transferred covenants are ‘personal’ covenants. If obligations are personal to the original landlord the burden will not be passed

Where a tenant has claimed a new lease by serving notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), and the landlord has served a counter-notice admitting the claim, the next step is for the parties to agree the terms of acquisition. This does not mean agreeing the terms of the lease, but is equivalent to agreeing heads

The starting point is that a landlord cannot recover the cost of items which are not clearly included in the lease and which are of no benefit to the tenants. A tenant will not generally be expected to pay for the landlord to upgrade or improve its property as opposed to repairing it. The length of a tenant's lease has a bearing on what he can fairly be expected to pay even if the service charge provisions are drawn fairly widely. The