The coronavirus (COVID-19) pandemic has led to a significant number of issues arising out of emergency legislation and the need to ensure that health is maintained in respect of other rights. Many issues that the pandemic has generated have not been foreseen and therefore do not appear in standard contracts nor in legislation. It is now common for persons who are in control of premises to impose conditions on visitors to those premises, such as to have a negative lateral flow test (LFT). Where that person is able to access those premises only with the consent of the landlord, it is entirely permissible for access to be subject to conditions, and thus, for example, a pub landlord

A Will is confidential, and during the testator’s lifetime, no disclosure can be made by a solicitor except to someone authorised by the testator, or where the testator has lost capacity, by the Court of Protection or someone with the relevant authority on the testator’s behalf. In this case, it seems like there may be a good reason

The imposition of, and legal effect of, conditions of stay are discussed in the Practice Note: Conditions of permission to enter or stay in the UK. A person’s conditions of stay are those which were imposed at the time that they were last granted permission. This should be by formal written notice. See Practice Note: Conditions of permission to enter or stay in the UK. The Practice Note: Student: period and conditions of permission summarises how student conditions have changed over time, further to amendments in the Immigration Rules. So, for a person granted Student permission on or after 6 April 2022, the full set of work conditions which should be contained on the written notice are found in Immigration Rules, Appendix Student, paras ST 26.1-ST 26.8. The Practice Note: Sources of immigration law and their legal status notes that ‘The leading case on the interpretation of the Immigration Rules is Mahad v ECO.

This Q&A considers whether an individual can specify in a lasting power of attorney (LPA) that an adult child should continue to reside in their residential property during the donor’s incapacity, where the adult child has no legal or beneficial interest in the property. An LPA can include preferences and instructions, the distinction between which is that instructions tell attorneys what they must do when acting on the

Since A-day, membership of a UK registered pension scheme is open to anyone regardless of where they are resident or of where their employer (if any) is resident. Part 4 of the Finance Act 2004 (FA 2004) does not therefore restrict the amount that can be contributed by a non-UK resident to a UK registered pension scheme. See PTM114000. What FA 2004 does, however, is restrict, at FA 2004, s 188, relief on contributions to individuals who are ‘relevant UK individuals’. Broadly speaking, under FA 2004, s 189, an individual will be treated

We refer you to Practice Note: Will drafting—applying the EU Succession Regulation which sets out the general rule applicable to the succession of assets which are covered by Regulation (EU) No 650/2012, known as the Succession Regulation (SR).  Broadly speaking, the SR applies to the succession of the estate of anyone living in an SR state, nationals of SR states or anyone (including UK and other non-EU residents) with assets in an SR state. Article 21—law of habitual residence—default position Unless otherwise provided, the law that applies to succession matters is the law of the state in which the deceased was habitually resident at death. The effect of this general

It is assumed that the reference in the question to a 'power of attorney' is to a lasting power of attorney. It is assumed that the person making the power of attorney has lost mental capacity, as otherwise he or she could now make a new lasting power of attorney under English law. We therefore also assume that the power of attorney in question is the Portuguese equivalent of a lasting power of attorney, which continues to have effect after a loss of mental capacity. We also assume that the power of attorney is to be used to make financial or property decisions on behalf of the principal, because he or she is resident in Portugal, so is unlikely to

Tenants who meet the criteria set out in Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) can require the landlord to sell the freehold of the building to the 'nominee purchaser' of a group of leaseholders of the flats (representing at least half of the flats in the building). There are various requirements which must be complied with. The building must comprise at least two flats, as is the case here, and at least two thirds must be let to qualifying tenants. In addition, the minimum number of qualifying tenants must equal half the total number

Principal private residence (PPR) relief exempts part or all of the gain realised on the disposal of an individual’s dwelling-house from capital gains tax (CGT) if the dwelling–house has been his only or main residence at some point during his period

A right of re-entry in respect of non-payment of a rent charge may be expressly set out in the rent charge itself, or it may be a statutory right, conferred by section 121(1) of the Law of Property Act 1925 (LPA 1925). Pursuant to LPA 1925, s 121(3), if the annual sum due or any part of it remains unpaid for 40 days, the person with the benefit of the rent charge

Before 1 August 2014, all societies registered under the Industrial and Provident Societies Act 1965 (or its predecessors) were legally referred to as 'industrial and provident societies' (IPSs). Since 1 August they are referred to legally as 'registered societies' under the Co-operative and Community Benefit Societies Act 2014 (CCBSA 2014). Registered societies are regulated by the Financial Conduct Authority (FCA). There are two categories of registered society: • co-operative societies, which operate for the mutual benefit of their members, who are united by a common economic, social or cultural need or interest, and • community benefit societies, the business of which is conducted to provide services for the benefit of a community at large (not just the members of that society) IPSs, in existence as of 1 August 2014, did not automatically convert into a co-operative society or community benefit society and there is no way to switch between legal

Both landlords and tenants have the power to request information from the other party in connection with a business tenancy. The request is made by serving a notice under section 40 of the Landlord and Tenant Act 1954 (LTA 1954). The recipient has a statutory duty to provide the information