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In cohabitant claims (where the parties are not married) can a notice of severance stating equal shares be served without prejudice to the party’s claim? The effect of severance is to divide beneficial ownership of the property into shares. Unless there is an agreement to the contrary, severed shares are presumed to be equal. This is purely an assumption. See Practice Note: Severance of a joint tenancy. There is
Q&As
Schedule 10 to the Local Government and Housing Act 1989 (LGHA 1989) makes provision in relation to security of tenure on the ending of long residential tenancies. By LGHA 1989, Sch 10, para 3(1), ‘A tenancy which, immediately before the term date, is a long residential tenancy shall not come to an end on that date except by being terminated under the provisions of this Schedule...’. The Schedule then sets out a procedure for the landlord to give notice to terminate the tenancy, either proposing an assured periodic tenancy or seeking possession (see LGHA 1989, Sch 10, para 4). A
Q&As
This Q&A assumes that the question concerns a business-to-business general commercial contract. Some contracts include a contractual right for one or both parties to terminate the contract early for their own convenience (ie without cause or breach), on notice to the other party. It will be a matter of construction of the contractual language whether the contract is one which can be terminated at the end of the period by notice given during that period, or whether it can only be determined after expiry of the fixed term by notice given after expiry of that fixed period. Careful attention should be paid to the requirements of any notices clause to ensure that a termination notice is served properly and within any applicable time periods. The courts require strict compliance with the requirements of notice clauses. Ascertaining what those requirements are will depend on the construction of the contractual
Q&As
The aim of a notice to admit facts is to save time and importantly, costs, because a party will not need to go through the expense of proving uncontroversial detail. It can also be a useful strategic tool. The notice is set out in a form in which a party gives notice to another party in proceedings that it is being requested to: • admit identified facts in the claim, and • agree how the admitted facts will be treated The provisions for serving a notice
Q&As
The question of whether a notice to quit can be withdrawn is discussed in detail in Practice Note: Break clauses and notices—exercising breaks and conditions precedent (under 'Can a break notice be withdrawn?'). There is an important distinction concerning whether the putative withdrawal is unilateral (by the giver of the notice alone) or by agreement with the recipient. On the one hand, Fareham
Q&As
Section 297 of the Highways Act 1980 (HiA 1980) HiA 1980, s 297 permits a highway authority or council to require information from the occupier or ‘landlord’ of any premises as to its ownership to enable them to discharge or exercise any of their functions under HiA 1980. The highway authority or council may require the occupier of any premises, and any person who either indirectly or directly receives rent in respect of the premises, to state in writing the nature of their interest in the land and the name and address of any other person that they know who also holds an interest. The interests captured under HiA 1980, s 297 are broad and include freehold titles, leaseholds, mortgages and leases. If a notice requiring such information is served, and a person required to respond by HiA 1980, s 297 fails
Q&As
There is no reason why a proposed sale, which will be subject to the Landlord and Tenant Act 1987 (LTA 1987),
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A person indirectly discriminates against another (the complainant) if the complainant possesses any one of the protected characteristics other than ‘pregnancy and maternity’ and the person: • applies a provision, criterion or practice (PCP) to the complainant • applies, or would apply, the same PCP to persons who do not possess the same protected characteristic as the complainant • that PCP puts, or would put, persons who possess the complainant's protected characteristic at a particular disadvantage when compared with persons who do not possess it • that PCP puts, or would put, this individual complainant at that disadvantage • the person cannot show that the PCP is ‘a proportionate means
Q&As
This question considers the capacity of a paralegal to exchange contracts for a residential sale and purchase. It is common practice for exchange of contracts to take place by telephone in accordance with the Law Society Formulae for exchanging contracts by telephone (the Formulae). The process of exchange generally, and the use of
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The court has wide powers to adjust the assets of a marriage upon divorce, contained within sections 21–24 of the Matrimonial Causes Act 1973 (MCA 1973). These powers allow the court to order the transfer of property (a property adjustment order); the payment of a lump sum or lump sums; orders in respect of pensions and the payment of maintenance. Additionally, MCA 1973, s 22 allows the court to order payment of maintenance pending suit; that is, maintenance on an interim basis
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The powers of the court to order child periodical payments were severely curtailed by the Child Support Act 1991 (CSA 1991). In most cases, where the parents of children separate and an agreement for their maintenance cannot be reached between them, the provisions of CSA 1991 will oblige the non-resident parent (NRP) to pay child maintenance to the parent with care (PWC) via the Child Maintenance Service (CMS). The scheme does not extend to those who are habitually resident outside the UK. Child maintenance is payable for any child under 16 and for any young person (aged over 16 but not having attained the age of 20) who is in full-time