The simple answer to the question is: No. The ‘opt-out’ from the 48-hour maximum working week, contained in the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, regs 4 and 5 is contingent upon the ‘employer [having] first obtained the worker’s agreement in writing to perform such work’. A collective agreement—not signed by the employee but by a trade union of which the employee may or may not be a member—cannot satisfy that requirement. The issue is put beyond doubt

The commercial agents regulations The Commercial Agents (Council Directive) Regulations 1993 (Commercial Agents Regulations 1993), SI 1993/3053 impose various terms on the relationship between principal and commercial agent, many of which the parties may not exclude by contract. In particular, they normally entitle the agent to a payment on termination of the agency arrangement. See Practice Note: Termination of agency. The Commercial Agents Regulations 1993, SI 1993/3053 apply only to the relationship between the principal and the commercial agent. The common law on agency continues to apply where not inconsistent with Commercial Agents Regulations 1993, SI 1993/3053. See: Agency—overview. Commercial Agents Regulation 1993, SI 1993/3053, reg 15 sets out the minimum period of notice required for termination of an agency contract. Commercial Agents Regulation

The law surrounding assets can cause complications where premises are leased. Before an asset is fixed to a property it is classified in law as a chattel. Generally, a chattel is easily moveable and therefore not a permanent part of the land. However, if a chattel is fixed to property, it becomes a fixture. To use a common example, an unconnected radiator is a chattel; yet when a radiator is installed as part of a heating system it becomes a fixture. The majority of leases link the maintenance of fixtures with the maintenance of the building; thus leading to an ongoing obligation to keep both the demised premises and the fixtures in good repair. Removal of fixtures Because the fixtures are an integral part of the demised premises, it is unlikely that a landlord who deems a tenant to be in breach of its repairing

See Practice Note: Forfeiture of a lease, in particular the section on Waiver. In Re National Jazz Centre Ltd, Gibson J held: ‘...it is plain beyond argument that the mere entering into and continuation of negotiations does not, in itself, constitute a waiver and could not reasonably be

Covenant for quiet enjoyment ‘Unless the covenant names them or is worded sufficiently widely to include them, it does not extend to the acts of strangers. If it does, the landlord is liable whether their acts are lawful or unlawful.’ For the avoidance of doubt and as a ‘belt and braces’ measure, therefore, unless commercially

Forfeiture is a landlord’s right to bring a lease to an end as a result of a tenant’s breach. A landlord may only end the tenancy agreement by forfeiture if there: • is an express right in the lease, ie the tenancy agreement contains a forfeiture clause which allows the landlord to forfeit in respect of the tenant's alleged breach. For example, the lease may provide that the landlord is entitled to forfeit the lease for failure to pay rent within 14 or 21 days of the due date, or on the occurrence of a specific event detailed in the lease (for example any type of insolvency specified as an event giving rise to the right

Where a property comprised in a lease is occupied by a tenant for the purposes of a business carried on by the tenant (or an individual who has a controlling interest carries it on where the tenant is a company) then the lease will have the protection of the security of tenure provisions set out in Part II of the Landlord and Tenant Act 1954 (LTA 1954) and the tenant will have a statutory right to seek a new lease. A lease which has security of tenure will continue until it is brought to an end in accordance with one of the methods set out in the LTA 1954, which include

Case Scenario: (where the landlord (A) granted a company let to Company B which expressly permitted the occupation of a named individual (C) who was the sole director of Company B. Keys were released when A was given a transfer document in the name of B which purported to evidence that a sum of moneys representing the deposit and initial rent was being paid. A reference was also provided from the accountant of C, painting C to be a successful businessman / credible. The money never arrived. Subsequent searches show that C is a convicted fraudster and Company B is a shell company)? If so, in order to rescind the agreement and obtain possession or forfeit and obtain possession, should the tenant be treated as a trespasser? It is assumed there is no dispute that there has been fraudulent misrepresentation on the basis of the facts given, however, it should be noted that to prove fraudulent misrepresentation the following elements would need to be proven

The community interest company (CIC) is a limited company which operates in order to use its profit and income for the benefit of the community it serves. The fact that it operates for this particular purpose makes such a company subject to additional restrictions which apply specifically to CICs: the ‘community interest test’ and the asset lock. The community interest test requires CICs to conduct their business in such a way that a reasonable person might consider that its activities are carried out for the benefit of its community. The ‘asset lock’ prevents CICs from transferring assets at less than market value unless the transfer falls within a category of permitted transfers, such as to another asset-locked body. If the constitution allows a CIC to pay dividends, these will be subject to a cap. Subsidiaries There

A community interest company (CIC) is a type of limited liability company formed specifically for the purpose of carrying on business for social purposes or to benefit a community. A CIC must comply with usual UK company law requirements, and is also subject to additional regulation to ensure that the CIC's assets, income and profits are used in the interest of the community it is intended to serve. For further information, see Practice Note: Community interest companies. A CIC's articles of association must comply with the Community Interest Company Regulations 2005 (CIC Regulations),

Section 87(3) of the Localism Act 2011 (LA 2011) provides: ‘3) Where land is included in a local authority's list of assets of community value, the entry for that land is to be removed from the list with effect from the end of the period of five years beginning with the date of that entry (unless the entry has been removed with effect from some earlier time in accordance with provision in regulations under subsection (5)).’ Any asset of community value (ACV) is therefore de-listed at the end of five years from listing. There is no ability to extend the listing period, instead, a fresh nomination must be made for a new five-year period of listing. If the five years expire, and a new nomination

The difference between types of residential tenancies depends on when the tenancy was granted and the legislation in force at that time. There are four main types of tenancy: • regulated tenancies • assured tenancies • assured shorthold tenancies (ASTs) • common law tenancies Since