An agreement for lease is required where the landlord and tenant cannot enter immediately into the lease itself, but need to know that the other party is bound to do so on the agreed terms at the relevant point in the future. The form of lease should be annexed to the agreement for lease to ensure compliance with the statutory formalities for an agreement for the sale of land, or of an interest in land (see section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)). LP(MP)A 1989, s 2 provides that the agreement must: • be in writing • contain or incorporate all of the terms expressly agreed by the parties, and • be signed by or on behalf of the parties For further information, see Practice Notes: When do you need an agreement for lease? and Contracts for the sale of land—formation,

Section 106(1) of the Town and Country Planning Act 1990 (TCPA 1990) provides as follows: ‘(1) Any person interested in land in the area of a local planning authority may, by agreement or otherwise, enter into an obligation (referred to in this section and sections 106A and [106C] as “a planning obligation”), enforceable to the extent mentioned in subsection (3)— (a) restricting the development or use of the land in any specified way; (b) requiring specified operations or activities to be carried out in, on, under or over the land; (c) requiring the land to be used in any specified way; or (d) requiring a sum or sums to be paid to the authority [(or, in a case where section 2E applies, to the Greater London Authority)] on a specified date or dates or periodically’ Provided

Ordinarily, agreements under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) are suitable for the land to which the obligations are attached—see TCPA 1990, s 106(1). The normal way to tie requirements to an off-site location

For the purposes of this Q&A, we have assumed the company is incorporated in England and Wales and as such the Companies Act 2006 (CA 2006) applies and the deed is exclusively governed by English law. As there is no statutory right to appoint an alternate director, the scope of the alternate directors powers will depend on what is provided for in the company’s articles of association. The Model articles—public company—before 28 April 2013, for example, permit a director to appoint either (a) any other director or (b) any other person approved by resolution of the directors to

Supply agreements A supply agreement regulates the rights and obligations between the parties to buy and sell goods and materials over a specified period of time and usually provides certainty regarding a regular receipt of those goods. Supply agreements can be expressed to take a number of forms: • non-exclusive: the business appointing the supplier has the right to appoint any other supplier • exclusive: the business cannot appoint any other supplier, possibly within a certain territory • sole: one supplier is appointed and no third party can be appointed. The difference between this expression and ‘exclusive’ is that the business appointing the supplier may also be entitled to produce the products and supply them to itself • preferred: the supplier is an approved one but does not necessarily have complete preference over anyone else For more information generally, see: Sale and supply of goods—overview. Exclusive

Under the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), an amendment to the terms of an enterprise management incentives (EMI) option can be a disqualifying event for EMI purposes if the amendment has the effect of either: • increasing the market value of the shares under option, or • causing the requirements of ITEPA 2003, Sch 5 to cease to be met in relation to the option If the amendment does not have either of these effects, then it should not be a disqualifying event. However, even if a disqualifying event is not triggered by the amendment, it is important to be aware that the amendment may have other adverse tax implications if it would result in the grant of a new option right. This is an important consideration as: • if the value of the shares originally under the EMI

Can an annual grazing licence give rise to an AHA 1986 tenancy? Section 2 of the Agricultural Holdings Act 1986 (AHA 1986) (which applies to agreements entered into before 1 September 1995) converts certain arrangements, including 'a licence to occupy land for use as agricultural land' into annual periodic tenancies. By AHA 1986, s 1(4): '“agricultural land” means— (a) land used for agriculture which is so used for the purposes of a

A Farm Business Tenancy is a tenancy of agricultural land, or buildings used to run a farm business and is governed by the Agricultural Tenancies Act 1995 (ATA 1995). Prior to the coming into force of that Act on 1 September 1995, such tenancies were governed by the Agricultural Holdings Act 1986. The statutory intention behind the ATA 1995 was to simplify the agricultural tenancy regime and to remove unnecessary interference with the freedom of the parties to contract. A surrender of a lease occurs where the landlord and the tenant agree that the tenant gives up the interest in the land,

Waste removal notice Under section 59ZB(2) of the Environmental Protection Act 1990 (EPA 1990), the Environment Agency (EA), Natural Resources Wales (NRW) and local authorities (LAs) have the power to issue a notice in respect of waste which is unlawfully kept or disposed of in or on land within the authority's area which requires the removal of the waste and/or to take the steps specified in the notice to eliminate or reduce the consequences of the unlawful keeping or disposal. Note that a removal notice cannot be served in relation to household waste from a domestic property which is kept or disposed of within the boundary of that property by a person other than an establishment or undertaking (ie not running a business or organisation). This power applies where any controlled waste or extractive waste is kept or disposed of in or on any

An applicant may amend plans, the description of development or the submissions and evidence in support of an application after it has been validated and after it has been consulted upon, and before the application has been determined. Such amendment is common place and a necessary consequence of the dialogue which should occur between applicants and planning authorities. This is because the National Planning Policy Framework says (at para 38) that 'Local planning authorities should approach

The Electricity Act 1989 (EA 1989) sets out statutory duties for electricity providers in relation to new electricity connections. If the connection requires laying infrastructure across third-party land, and the rights to obtain a necessary wayleave exist, the following points may be relevant: Electricity provider’s statutory duty to connect EA 1989, s 16 provides that an electricity distributor is under a duty: ‘(a) to make a connection between a distribution system of his and any premises, when required to do so by— (i) the

It is sadly frequently the case that an overlap exists between family and criminal proceedings. Given the increasing specialisation of the legal profession this will often mean that separate teams of lawyers are involved in each aspect, with different court jurisdictions being involved. It is also often the case that evidence prepared for non-molestation proceedings may be of use to the police in investigating a criminal offence. However it is important before disclosing information prepared for the purposes of an application before the Family Court to the police for the purpose of criminal proceedings or investigation to consider whether this is permissible. Applications under the Family Law Act 1996 (FLA 1996) are governed by Part 10 of the Family Procedure Rules 2010 (FPR 2010),