Recovery of sum under judgment The appointment of a receiver by way of equitable execution may be employed as a means of recovering a sum due under a judgment. The High Court has an inherent jurisdiction under section 37 of the Senior Courts Act 1981 to appoint a receiver including to execute a judgment in respect of all legal estates and interests in land where it considers it just and equitable to do so. The county

Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. It is a public law remedy, aimed only at controlling the use of powers of a public nature. CPR 54.1(2) states that: ‘(a) a “claim for judicial review” means a claim to review the lawfulness of– (i) an enactment or (ii) a decision, action or failure to act in relation to the exercise of a public function.’ Some of the key preliminary considerations when deciding whether to bring proceedings for judicial review include: • judicial review only lies against public bodies when carrying out public functions • a claim for judicial review may only be brought by a claimant with a sufficient interest in the matter • it can only be brought on certain grounds For backround reading, see: Judicial review—overview. For more information, see Practice Note: Judicial review—what it is and when it can be used and Judicial review—key preliminary considerations—checklist. See also:

Juries are selected at random from the electoral roll and usually are those who live within a reasonable travelling distance from the court. Juries may be given a questionnaire at the point they are to be sworn to determine any connections with the defendant, victim, victim's company and witnesses. The SFO Operational Handbook refers to this being common practice to ensure impartiality. The types of questions which the SFO guidance suggests are those in respect of any connection with the defendant and witnesses but commonly details of victims and the victim's companies are also relevant. Juries in high profile cases may be provided with a questionnaire to determine how much they know of the case through media reporting so that their impartiality can be assessed. In  R v Kray and Others (1969) 53 Cr App Rep 412, Lawton J permitted defence counsel to ask potential

There is no statutory requirement for the tenant to serve a copy of the signed declaration or sworn statutory declaration on the landlord but, before the lease is completed or the agreement for lease is entered into, the landlord’s solicitor must insist on seeing a copy (usually by way of a scanned PDF)

If a current tenant fails to pay rent, a landlord can recover the arrears from a former tenant or guarantor who remains liable for the non-performance of lease covenants by serving notice under section 17 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), see Practice Note: Former tenants, guarantors and overriding leases. There is no equivalent mechanism to compel an incoming tenant to pay rent arrears. However, the parties are free to negotiate such arrangement if they wish. If the lease is to be surrendered by agreement between the landlord and the liquidator (acting on behalf of the former tenant), rent will cease to accrue from the date of the surrender. If the landlord intends to claim for rent arrears in the liquidation,

Following service of a tenant’s request for a new lease pursuant to section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) the landlord is required pursuant to LRHUDA 1993, s 45 to give a counter notice by the date specified in the section 42 notice. The counter notice must state whether the right to a new lease is admitted or not or whether the tenant would be entitled but that the landlord intends to redevelop the premises of which the flat forms part. If the right is admitted, the landlord must also state which if any of the tenant’s proposals contained in the section 42 notice are accepted and which are not and if they are not set out,

Part III of the Agricultural Tenancies Act 1995 (ATA 1995) contains provision for compensation to tenants for improvements upon the ending of a farm business tenancy. The right to compensation is found in ATA 1995, s 16. ATA 1995, s 20 deals with the quantum of compensation for a tenant’s improvement which does not consist of planning permission. The scheme of the section is to provide that the amount of compensation payable under section 16 shall be an amount equal to the increase attributable to the improvement in the value of the holding at the termination of the tenancy as land comprised in a tenancy, with various provisions for reductions based upon agreement. ATA 1995, s 20(4A) also

A tenancy which falls within Part II of the Landlord and Tenant Act 1954 (LTA 1954) may be terminated in various ways. In particular, the tenancy may be brought to an end at common law by surrender (LTA 1954, s 24(2)). Further, by LTA 1954, s 28: ‘Where the landlord and tenant agree for the grant to the tenant of a future tenancy of the holding, or of the holding with other land, on terms and from a date specified in the agreement, the current tenancy shall continue until that date but no longer, and shall not be a tenancy to which this Part of this Act applies.’ LTA 1954, s 28, therefore, in effect, legitimises certain agreements to surrender and overrides the general rule in LTA 1954, s 38 which renders void an agreement to surrender a tenancy falling under LTA 1954. Both these

The purpose of a rent review memorandum is to record the fact that a rent review has taken place and its outcome. A lease is capable

The Land Registration Act 2002 (LRA 2002) provides that new leases granted for a term of more than seven years are compulsorily registrable. LRA 2002, s 27(2)(b)(i) applies in respect of leases granted out of existing registered titles. LRA 2002, s 4(1)(c) applies in respect of leases granted out of unregistered land in specified circumstances. LRA 2002, s 6 governs first registration and provides that the estate owner or their successor should apply for first registration within two months from the date of the deed inducing registration. These provisions are supplemented by the Land Registration Rules 2003, SI 2003/1417 (LRR 2003). LRR 2003, SI 2003/1417, r 23(1) provides that

Landlord and tenant covenants There is a fundamental distinction between covenants found in leases that were granted before 1 January 1996, the date on which the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) came into force ('1995 Act tenancies') and those contained in leases granted after that date ('post 1995 Act tenancies'). Pre 1995 Act tenancies are governed by the common law modified by statute while post 1995 Act tenancies are governed by the LT(C)A 1995. Pre 1995 Act tenancies are governed by the doctrines of privity of contract and privity of estate. Under the rules applicable to pre 1995 Act tenancies,

In any commercial lease it is important that provision is made for the insurance of the building. The obligation may be by way of a tenant’s covenant to insure the building, but more often is dealt with by the landlord providing the insurance with provision in the lease for the landlord to claim this sum from the tenant by way of service charge or as rent. In certain circumstances particularly with large commercial landlords it may be the case that this provision is overlooked for some time, leading the landlord then to demand a significant sum from the tenant as the accumulated liability for insuring