A rentcharge is an annual or other periodic sum charged on or issuing out of land and not arising out of a landlord and tenant relationship. It can exist in law as a fee simple absolute in possession or as a term of years absolute. Other rentcharges (such as a rentcharge for life) only take effect as equitable interests. The grantor of a rentcharge must have an interest in the land out of which the rentcharge

Notwithstanding the commitment by the President of the Family Division, Sir James Munby, to transparency and openness in the family courts, there remain general restrictions on the ability of the media to report on certain types of family cases. In addition, the courts have the power to make orders restricting publication of information about children or incapacitated adults. Such applications must be made in the High Court and are governed by Family Procedure Rules 2010 (FPR 2010), PD 12I. FPR 2010, PD 12I also makes reference to Practice Note (Official Solicitor: Deputy Director of Legal Services: CAFCASS: Applications For Reporting Restriction Orders) 18 March 2005, which is referred to as the CAFCASS Practice Note. Both of PD 12I and the CAFCASS Practice Note

Entry clearance as the Sole Representative of an Overseas Business is normally granted for an initial period of up to three years. In order to successfully apply to extend leave beyond this period, the applicant will need to meet the requirements at Immigration Rules, Part 5, para 147. In particular, the applicant will be required to show: • that the overseas business still has its headquarters and principal place of business outside the UK • that they are employed full time as a representative of that overseas business and have established and are in charge of its registered branch or wholly-owned subsidiary • that they are still required

The Information Commissioner’s Office (ICO) guidance ICO—Recognising a request made under the Freedom of Information Act (Section 8) has a section on handling requests submitted via social media. It states that requests for information to social media accounts operated by public authorities will be valid, provided that they meet the criteria in section 8 of the Freedom of Information Act 2000 (FIA 2000). FIA 2000, s 8 states that for the purpose of the Act, a ‘request for information’ is a reference to a request which: • is in writing • states the name of the applicant/requester and provide an address for correspondence, and • describes the information requested Request ‘in writing’ Under FIA 2000, s 8(2), a request is treated as made ‘in writing’ where the text of the request is: • transmitted by electronic means • received in legible form, and • capable of being used for subsequent reference The ICO guidance confirms that the term ‘in writing’ includes requests sent

Section 19A of the Housing Act 1988 By virtue of section 19A of the Housing Act 1988 (HA 1988) an assured tenancy which: '(a) is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or ... is an assured shorthold tenancy...' HA 1988, s 96 came into force on 28 February 1997. HA 1988, s 1 HA 1988, s 1(1) provides that: 'a tenancy under which a dwelling-house is let as a separate dwelling [emphasis added] is for the purposes of this Act an assured tenancy if and so long as: (a) the tenant or, as the case may be, each of the joint tenants is an individual; and (b)

Landlord’s repairing obligations The landlord will only have repairing obligations to the extent of any express obligations in the tenancy, subject to a few exceptions, including: • an obligation to ensure any retained premises are in such condition as to not cause damage to the tenant • an obligation to ensure demised premises being constructed are completed in a good and workmanlike manner using proper materials so as to be reasonably fit for human habitation • a duty, if the landlord designed or built the premises, to take reasonable care to ensure the building is free from any defect likely to cause injury • where a term is implied in order to give business efficacy to the transaction. However, a term will not be implied if there is a comprehensive code dealing with repairs, etc • repairing covenants implied by statute, including: ◦ repairing obligations in respect of short residential leases under section

There is nothing to prevent the parties agreeing a surrender of a residential tenancy. A surrender is a voluntary act of the parties whereby, with the landlord's consent, the tenant surrenders his lease to the landlord so that the lease merges with the reversion and is thus brought to an end. The surrender may be either express, that is by an act of the parties having the expressed intention of effecting a surrender, or by operation of law, that is as an inference from the acts of the parties. A surrender must be of the entire term in the premises, hence, a tenancy held jointly cannot be surrendered by one of two joint tenants. A part only of the demised premises may, however, be surrendered provided that the landlord consents to this. Although the basic contractual position is that the tenant is liable for the rent for the whole of the fixed term, the Office of Fair Trading has issued guidance on what it

It is assumed that the residuary estate passed to the beneficiary absolutely. See Practice Note: Variation of Will or intestacy after death—Q&As, in particular the section titled ‘Successive variations and interaction with trust distributions and disclaimers—Multiple variations’, which states: ‘Deeds of variation in relation to the same Will or intestacy will be considered

A respondent to a petition for divorce does not need the original petition to be withdrawn in order to make their own application for a dissolution of the marriage based on alternative facts to those pleaded by the petitioner. If the respondent wishes to defend the original petition, they must file an answer to the petition denying the facts relied upon by the petitioner (rule 7.12(8) of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955). The time frame for filing and serving an answer is within 21 days beginning with the date by which the acknowledgment of service is required to be filed. Once an answer is filed, the case becomes defended. If the respondent is out of time, an application will need to be made for permission to file and serve the answer out of time. See Practice Note: Procedure

Once an application for a matrimonial order has been issued by the court (for example, an application for a decree of divorce), a copy of the application must be served on the respondent and on any co-respondent (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.8). The copy of the application must be accompanied by a form for acknowledging service and a notice of proceedings. Service in the first instance is usually by first-class post. The option to serve the application personally is an alternative and is not obligatory. If the respondent returns the acknowledgment of service, this will be sufficient confirmation that service was effective. Further efforts need to be made if the respondent fails to return the acknowledgment of service. In such a

Sections 8–10A of the Matrimonial Causes Act 1973 (MCA 1973) set out the bespoke circumstances in which the decree nisi might not be made absolute. The statutory powers in relation to delaying pronouncement of decree absolute that are relevant to an application made by a respondent to delay pronouncement of decree absolute are as follows: • where the petition is based on two or five year’s separation, MCA 1973, s 10 allows for there to be a delay in the pronouncement of the decree absolute to consider the respondent’s financial position after divorce, see Practice Note: Restrictions on decree being made absolute—divorce (pre-DDSA 2020) in particular the section Consideration of the respondent's financial position • where parties were married in accordance with the usages of the Jews, or any other prescribed religious usage, and they must co-operate if the marriage is to be dissolved in accordance with those usages, under MCA 1973, s 10A the court may make an order that a decree nisi is not to

It is important to consider: • the tribunal’s power to make a costs order relating to expenses • an application for a witness order in relation to a reluctant witness • the Solicitors Regulation Authority (SRA) code of conduct A tribunal has power to make an order that a party make a payment to another party, or to a witness, in respect of expenses incurred in relation to an individual's attendance as a witness at the tribunal: • the definition of 'costs' in the Employment Tribunal (ET) Rules includes expenses incurred by or on behalf of a party, including expenses that witnesses incur for the purpose of, or in connection with, attendance