This answer assumes that the question refers to an application in the Skilled Worker category. The work start date given on the Certificate of Sponsorship (CoS) must be the date the worker is expected to start working, at the time the CoS is assigned (See ‘Start date’ in Practice Note: Sponsoring a Skilled Worker). If a sponsor assigns a CoS and decides to change the work start date before the application is decided, the sponsor makes a sponsor note on the Sponsor Management System under ‘manage a live CoS’. There is nothing

A shareholder's agreement is a contract regulating the relationship between shareholders. It will often be the case that such an agreement will contain provisions regarding the transfer of shares by existing shareholders. In many shareholders agreements the existing shareholders will have a right of pre-emption, meaning that the shares must first be offered to the existing shareholders who have a right of first refusal on their purchase. This protects the existing shareholders from having a new shareholder imposed upon them by the sale of shares. Further, there may be provision in the shareholder agreement for the compulsory transfer of shares to existing shareholders, for value, for example

The powers of a mortgagee in this context are explained in the Practice Note: Mortgages and land—enforcement of mortgages and legal charges over land. A mortgagee exercising their statutory power of sale is entitled to transfer such estate or interest in the property as they are entitled to by the Law of Property Act 1925 (LPA 1925) or such estate or interest

Under section 39(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) the ‘tenant of a flat’ has a right to acquire a new lease on payment of a premium, in the circumstances set out in that section which include that they must have been a qualifying tenant for the last two years. Therefore, a mortgagee in possession would first need to fulfil those criteria. LRHUDA 1993, ss 39(3A) and 42(4A) make specific provision confirming that the right to an extended lease may also be exercised by the personal representatives (PRs) of a deceased qualifying tenant who had not exercised the right prior to their death, provided that they give notice to exercise the right within two years of the grant of probate or letters of administration. The procedure for obtaining an extended lease can then be pursued either by the PRs or by anyone else to whom the lease is transferred.

Section 99(2) of the Law of Property Act 1925 (LPA 1925) provides that a mortgagee of land while in possession shall, as against all prior incumbrancers, if any, and as against the mortgagor, have power to make from time to time any such lease as is authorised by the section. Those leases are agricultural or occupation leases for any term not exceeding 50 years (or 21 years for a mortgage entered into prior to the commencement

A mortgagee has a number of powers or rights arising under the mortgage or by statute. These include the following: • the power to redeem the mortgage, which may be enforced by an action through the courts • a right to possession of the land. This is the case from the moment that the mortgage is created, however, this cannot usually be utilised in the absence of a default under the mortgage terms • the right to sell the property • the right to grant leases in limited circumstances Turning then to the process in respect of a mortgagee taking possession; this can be done in one of two ways: • taking physical possession of the mortgaged property where this can be done peaceably, or • by bringing court proceedings

Pursuant to section 101 of the Law of Property Act 1925 (LPA 1925), where a mortgage is made by deed and the monies have become due, the mortgagee has a statutory power of sale. As a consequence, it is not actually necessary for a mortgagee to refer in the mortgage documents to an express power of sale. That being said, it is a common feature for mortgagees to seek to expressly extend the statutory power of sale. In order for the power of sale to arise, the following must be present: • the mortgage must be by way of deed • the mortgage money must have become due, and • there must be no contrary intention in the mortgage deed Further, under LPA 1925, s 103 a mortgagee shall not exercise the power of sale conferred by LPA 1925 unless and until— • notice

A mortgagee has the power of sale when the mortgage is made and the mortgage money becomes due (save if there are any contrary terms in the mortgage deed, although usually the mortgage deed will reinforce this power). Section 104(1) of the Law of Property Act 1925 gives a mortgagee a statutory power of sale, but in exercising that power it must be borne in mind that the mortgagee must act in good faith, act with reasonable care and skill, take reasonable

This Q&A assumes that: • the property is residential • the mortgage is not a consumer credit agreement Subject to the terms of the mortgage, a legal mortgagee has a right to possession of property even if the mortgagor is not in default, and (in principle) without a court order although this is rare in practice. See: Ropaigealach v Barclays Bank plc. In practice, it is common for the mortgage to provide that the mortgagee will not be entitled to possession

Does a mortgagee have the right to redeem a prior ranking mortgage? This is a fairly complicated area but in short there will be situations in which a second charge holder has the right to redeem a prior ranking charge. There are conditions to this right, including an obligation to foreclose against the mortgagor. Fisher & Lightwood’s Law of Mortgage (Chapter 47—Redemption) discusses who has the right to redeem a mortgage and  in what circumstances. See in particular the following extract taken from the section in Chapter 47 entitled 'Persons entitled to redeem' (see the further reading links in the Related Documents section for a link to the section). 'A later mortgagee is entitled to redeem, but his right is not, as in the case of the mortgagor and the assignee of the mortgaged property, an absolute right. If the right has to be asserted in a redemption action, the court will require the later mortgagee to redeem not only the prior mortgage, but all mortgages

The answer is, no. Ground 2 of Schedule 2 Part I to the Housing Act 1988 (HA 1988) reads: ‘The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and— (a) the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and (b) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and (c) either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice; and for the purposes of this ground

We are not told what the mortgaged property is but it is assumed that it is real property, ie land. There is no implied power of sale in favour of a mortgagee, but that does not mean that a mortgagee cannot sell the mortgaged property without seeking a court order to that effect. There may be an express right to sell contained in the mortgage deed or alternatively the mortgagee might rely on the statutory power of sale. The statutory power of sale is now contained in sections 101 and 103 of the Law of Property Act 1925 (LPA 1925). The statutory power may be extended or varied by the express terms of the mortgage deed. See The Maule. See Practice Note: Mortgages and land—enforcement of mortgages and legal charges over land. The statutory power contained in LPA 1925, s 101 provides that where a mortgage is made by deed,