This Q&A has assumed that the lease is of a commercial property It is well settled that a tenant can forego its right to remove tenant's

See: Application for grant at district registry: Tristram and Coote's Probate Practice [2.30] which states: ‘A probate practitioner makes an application for a grant at a district probate registry by lodging at, or sending by post or document exchange to, the registry the papers to lead the grant, namely, the will and codicils (if

Broadly, , in the context of contracts within the energy sector, the contractor (not the supplier) would be required to indemnify the main client. However, the contractor would then seek to pass down this risk to the supplier by requiring the supplier to provide a back-to-back

Can a client refuse to pay a solicitor’s bill on alleged negligence of the solicitors? If a client refuses to pay monies owed to a solicitor, the solicitor is still entitled to seek recovery of their costs, see Practice Note: Solicitor and client costs—rights of solicitors (liens, charges and recovery of costs). However, a recent decision in the Queen’s Bench division, Foskett J held that the court had a wide discretion to stay detailed assessment proceedings and the requirement for the clients to pay money to the solicitors. In this case, the detailed assessment was stayed due to the fact that the client was seeking to bring a claim for professional negligence. For information, see News Analysis: Staying a detailed assessment

Was a tenancy created with this agreement? As the term is less than three years, it can still be a valid lease even though it was not by deed. Accordingly, it is possible that a tenancy has arisen

The terms governing the payment of an introduction fee by a client to a recruitment agency, and the circumstances in which such a fee must be refunded, are likely to be set out in a contract between the recruitment agency and the client. Accordingly, the extent to which a client can request a refund of the introduction fee will be governed by the express provisions of the relevant agreement. For example, see Precedent: Terms and conditions for introduction of candidates for vacancies by an employment agency (and the accompanying Drafting Notes). Clause 4.9 of this template agreement

Open space policy Pursuant to section 336 of the Town and Country Planning Act 1990 (TCPA 1990), ‘open space’ means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground. Paragraph 98 of the National Planning Policy Framework (NPPF) provides that access to a network of high quality open spaces and opportunities for sport and physical activity is important for the health and well-being of communities, and can deliver wider benefits for nature and support efforts to address climate change. As a result, planning policies should be based on robust and up-to-date assessments of the need for open space, sport and recreation facilities and opportunities for new provision. It goes on to provide that information gained from the assessments should be used to determine what open space, sport and recreational

The starting point is that the legal interests in land can only be held as joint tenants (section 36(2) of the Law of Property Act 1925 (LPA 1925)). The beneficial interest may be held as tenants in common. This may arise either expressly or by implication upon the transfer of the legal estate. Either the transfer may expressly declare that they hold the beneficial interests on trust as tenants in common or the same state of affairs might arise by implication following, for example, an unequal contribution towards the purchase price. The presumption in the case of the family home is that absent a declaration of tenancy in common, the beneficial interests will be held on the same basis as the legal interests. This reflects the nature of the enterprise and the practical difficulty of holding an account after the breakdown

Under section 42 of the Family Law Act 1996 (FLA 1996) the court may make a non-molestation order: • if an application for the order has been made (whether in other family proceedings or without any other family proceedings being instituted) by a person who is associated with the respondent, or • if in any family proceedings to which the respondent is a party the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant child even though no such application has been made FLA 1996, s 62(3) lists the people that fall into the category of ‘an associated person’ for the purpose

Section 36 of the Family Law Act 1996 (FLA 1996) extends the scope of occupation orders to a cohabitant or former cohabitant who does not have an existing right to occupy the property in question. Where the applicant is in occupation, the court can make an order requiring them not to be evicted from the property. Unlike other forms of occupation order, an order under FLA 1996, s 36 may be made only for a period of six months, with the prospect of an extension for a further six-month period but no longer (FLA 1996, s 36(10)). It is often the case that upon

We refer you to Cohabitation contracts—overview, in particular the following Precedents: • Cohabitation agreements—client guide • Cohabitation contract See also Practice Notes: • General principles—cohabitation contracts • Terms and drafting—cohabitation contracts Regarding a potential claim by a cohabitant on the death of the other, see subtopic: Cohabitant's rights on death—overview. A declaration may be made in a Will as to the testator’s intentions regarding a potential claim against their estate under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), that may have evidentiary value in the event of a claim. Statement for the purposes of the Inheritance (Provision for Family and Dependants) Act 1975: Cohabitation: Law, Practice and Precedents [6.144] (Jordan Publishing, Wood et al) suggests the following wording for a Will: ‘Statement

A collateral warranty is a contract which is collateral to an underlying or primary contract, such as a construction contract. The warranty creates a contractual link where there would not normally be one, thereby enabling a third party, such as a purchaser, to have a direct contractual relationship with the contractor, and to rely upon the undertakings or covenants contained in the warranty in order to bring an action in contract against the contractor if there has been a breach. For more information, see Practice Note: What are collateral warranties? When a contract, such as a collateral warranty, is silent on the issue of assignment, this means that the benefit of the contract can be assigned without limit or without requiring the consent of the other party. However, most collateral warranties contain express clauses which restrict or qualify the rights of assignment, such as limiting the number of times an assignment