The IA 1986, s 89(1) requires that the declaration of solvency is made by 'the directors (or in the case of a company having more than two directors, the majority of them)'. This is also reflected in the statutory Form 4.70 and confirmed by case law: Gerard v Worth of Paris Ltd. The requirements are strict and we cannot find any authority to allow their

Section 1004 of the Companies Act 2006 (CA 2006) states that an application to strike off a company under CA 2006, s 1003 must not be made if at any time in the previous three months the company has: • changed its name • traded of otherwise carried on business • made a disposal for value of property or rights that, immediately before ceasing to trade or otherwise carry on business, it held for

This Q&A considers the effect on the immediate landlord of a deed of surrender entered into between the freehold reversioner and the tenant. A lease can be surrendered in, broadly, two ways: either expressly or by operation of law. As for express surrender, section 53(1)(a) of the Law of Property Act 1925 (LPA 1925) requires that it be in writing and where it is a lease operating at law LPA 1925, s 52(1), requires that it be by deed. Conversely, surrender by operation of law depends upon the acts of the parties

The right of first refusal set out in the Landlord and Tenant Act 1987 (LTA 1987) applies to premises if: • they consist of the whole or part of a building; and they contain two or more flats held by qualifying tenants • the number of flats held by qualifying tenants exceeds 50% of the total number of flats contained in the premises,

The Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order), SI 1987/764 puts uses of land and buildings into broad categories set out in the schedule of the Use Classes Order. Each category is known as a 'use class'. With effect from 1 September 2020, the Use Classes Order, SI 1987/764, was significantly amended in England. Use Classes Order, SI 1987/764 also list a series of uses which are expressly stated not to fall within any of the use classes set out in the Use Classes Order. These uses are commonly known as 'sui generis uses'. Additionally, there are other uses which are not in a specific

It is assumed that a lease has been or is about to be granted of land on the foreshore and that the parties have not agreed that it will be outside the protection of Landlord and Tenant Act 1954 (LTA 1954), following the service of the requisite notices before the tenant is contractually bound to proceed (LTA 1954, s 38A). It is not clear whether the land has buildings or any other structure upon it. The first point to consider is whether, in principle, a lease of foreshore can fall within the scope of LTA 1954. The foreshore is generally that area of land which sits between the points of high and low tide. It vests in the Crown, although it will often convey its interest in the foreshore either to individuals or public authorities. It is quite possible of course that over time the location of the foreshore will change and depending

The higher rates of stamp duty land tax (SDLT) will apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser has a major interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease which has more than 21 years to run at the date of purchase of the new dwelling, and • Condition D—the dwelling being purchased is not replacing the purchaser’s only or main residence For the purposes of Condition D, the purchased

Waiving the right to forfeit is doing or committing any act that expressly or impliedly recognises the continuing existence of the lease. A landlord will be waiving the right to forfeit if they have knowledge of the breach (which can be imputed from knowledge by their agent) and then recognise the lease as continuing. Once a right to forfeit has arisen, the landlord will need to elect whether to try to forfeit the lease, or whether to waive the breach and treat the lease as continuing. Certain express or implied acts of the landlord can amount to a waiver of the right to forfeit, if they are consistent with treating the lease as continuing. The central question therefore is whether or not acceptance of payment of service charge would amount to an acknowledgement that the lease is continuing. A waiver of the right to forfeit the lease is properly regarded as an aspect of the wider

The doctrine of privity of contract provides that as a general rule, a contract cannot confer rights or impose obligations that arise under the terms of that contract, on any person other than the parties to that contract. However, the doctrine was partially abrogated by the enactment of the Contracts (Rights of Third Parties) Act 1999 which in some circumstances enables a third party (ie not a party to the contract) to enforce contractual benefits conferred upon that third party themselves. If a subcontractor is added as a party to an agreement, there will be privity of contract between the subcontractor and the other

It has been assumed for the purpose of this Q&A that the query relates to an application under Schedule 7 to the Family Law Act 1996 (FLA 1996). It has been assumed for the purpose of this Q&A that the query is referring to a transfer of tenancy under FLA 1996. FLA 1996, s 53 and Sch 7 permits the court to order a transfer of certain statutory tenancies (‘a relevant tenancy’) between (former) spouses, (former) civil partners and (former) cohabitants. See, generally, Tousi v Gaydukova (the court must indicate into which category the parties fall). The definition of a relevant tenancy is to be found in FLA 1996, Sch 7, para 1. It does not include a tenancy governed by the Agricultural Holdings Act 1986 (AHA 1986), although it does include a statutory tenancy within the meaning

Family permits for durable partners and for spouses of EEA nationals are issued under different regulations and on a different basis. The Practice Note: 'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence [Archived] notes that third country nationals (TCNs) who fall within the category of ‘durable partners’ of EEA nationals are ‘extended family members’ under the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 (EEA Regs 2016, SI 2016/1052) and do not have an automatic right to accompany or join their EEA national family member who has moved/is moving to another Member State. Durable partners may be issued with a family permit, but this is not automatic and is subject to the discretion of the Entry Clearance Officer (in accordance with the relevant EU law); the relevant terms are set out in EEA Regs 2016,

See Practice Note: Application of the FCA’s COBS 4 rules. Chapter 4 of the Financial Conduct Authority’s Conduct of Business sourcebook