An equitable chargee’s remedies are more restricted than those of a legal mortgagee. He can either: • sue the mortgagor personally, or • apply to the court for an order for sale The principal remedies of the chargee are sale and

The primary remedy of an equitable chargee is an order for sale. See Commentary: Remedies of chargee: Fisher and Lightwood's Law of Mortgage. For the distinction between an

Drag along and tag along rights are commonly included in joint venture (and indeed private equity investment) articles of association. They ensure that if the majority shareholders agree to sell their shares: • the minority shareholders can be obliged to sell on the same terms so as to deliver 100% ownership to the buyer, thus maximising the price per share (drag-along), and • the minority shareholders can ensure that they can sell on the same terms as the majority and are not left with a rump of unsaleable (or less valuable) shares following a sale by the majority (tag along) Where these rights are included in the company's articles from a

Where an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, it has statutory obligations to: • inform appropriate representatives • consult appropriate representatives • notify the Department for Business, Energy and Industrial Strategy (BEIS) Before consultation can begin, an employer will need to provide specified items of information to the appropriate representatives, in writing. The information must include: • the reasons for the proposals • the number and description of employees the employer is proposing to make redundant • the total number of employees of that description employed by the employer at the establishment • the proposed method of selecting the employees who may be dismissed • the method of carrying

Section 227 of the Inheritance Tax Act 1984 (IHTA 1984) provides: 227 Payment by instalments—land, shares and businesses (1) Where any of the tax payable on the value transferred by a chargeable transfer is attributable to the

Case study A landlord is granted possession under section 8, the possession date has passed and the tenant appears to have vacated. The landlord has correctly served notice to inspect the property. What is sufficient evidence the tenant has given up possession: • the keys have been left? • the keys have not been left but the tenant is uncontactable? • large items of furniture have been removed? In the event that a tenant fails to notify the landlord that they are moving out, and fails to attend the usual checkout meeting, the landlord is in the difficult position of needing to determine whether the tenant has given up or surrendered the property. If it is clear that a tenant has moved out permanently, the landlord is entitled to possession and can reasonably go in and change the locks. If the tenant is simply staying away for a period of time, for example due to a long holiday, stay with friends

An Agricultural Holdings Act 1986 tenancy (AHA 1986 tenancy) relates, as the name suggests, to a tenancy of an agricultural holding. An AHA 1986 tenancy provides, amongst other things, significant safeguards as to security of tenure and succession rights. The rights and obligations of the landlord and the tenant with respect to the let will be set out in the written tenancy agreement forming the AHA 1986 tenancy, supplemented, where necessary, by the model clauses set out in regulations promulgated from time to time. The current regulations are the Agriculture (Model Clauses Fixed Equipment) (England) Regulations 2015, SI 2015/950, effective from 1 October 2015 and applying only to AHA 1986 tenancies in England. Welsh AHA 1986 tenancies remain governed by the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment)

We have assumed for the purposes of this Q&A that there is no direct agreement between the landlord and subtenant. Landlord’s potential remedies against the direct tenant If the Direct Tenant's (T’s) lease provided for vacant possession on termination of their tenancy, this will have included an obligation to ensure that the property was vacant of people. See Practice Note: Vacant possession for more information. T will therefore be in breach of this obligation, and the Landlord (L) will have a claim for damages against T for losses arising in that regard, including for the cost of obtaining possession from the subtenant (S), and for the consequent delay and other losses L may suffer in the interim while they are unable to deal with the property. In respect of any claim for double rent or double value, see Practice

A landlord who is subject to an express or implied duty to keep the premises in repair with have the right at common law to enter to carry out those works having given reasonable notice to the tenant. Further, if the works that

Save in exceptional circumstances a tenant who has exclusive possession of residential premises, occupies it as his only or principal home and pays a rent will occupy pursuant to an assured shorthold tenancy (AST)—see sections 1(1) and 19A of the Housing Act 1988 (HA 1988). As a result the tenant can be evicted only by court order following service of either a section 21 notice (HA 1988, s 21), which, subject to compliance with the necessary precursor requirements (such as the proper protection of any deposit and the provision of a gas safety certificate), does not require proof of any fault on behalf of the tenant; or by service

Case study A tenant assigns part of a lease and agrees an apportionment of the rent with the assignee. The assignor obtains the landlord's approval to this apportionment. Pursing rent arrears This Q&A raises the issue of who is liable for the rent reserved under a lease when the lessee assigns part of the demised premises. We have assumed that the premises are commercial and that there has been an assignment rather than an underletting which, in the ordinary course of events, would not change the lessee’s liability to pay the rent. It is also assumed that in the case of a lease granted for more than seven years that it was the subject of registration at HM Land Registry and that the assignment of part has been the subject of a new registration so that the legal titles held by the original lessee and the lessee of the new part. In the present case, the assignment is with consent.

A lease is at heart a contract between landlord and tenant which binds both parties by reason of privity of contract and which creates an estate in land which for certain purposes will also bind successors in title to the original landlord and tenant by reason of privity of estate. In answering your query, it is essential to consider the terms of the lease. It is to be assumed that the lease contains the usual covenant to yield up the property at the end of the term in repair and, if alterations have been carried out, reinstated as far as required by the landlord. The standard of repair required will, again depend on any qualifying words in the lease itself such as a proviso that the tenant shall be under no obligation to put the property into better repair and condition than it was at the date of the lease. What usually happens where there is