Many commercial landlords will require the payment of a deposit as a condition of the letting of commercial premises. The deposit acts as security for the performance of the tenant’s covenants in the lease, in particular with regard to the payment of rent and other outgoings and in respect of dilapidations. Ordinarily, the rent deposit will be held by the landlord, with the mechanics of the deposit being governed by a separate rent deposit deed. The rent deposit deed will set out the basis on which the landlord may be permitted to draw on the deposit and, if so, to require

The Immigration Rules, Appendix FM, para E-ILRP.1.3 states that an applicant will be eligible to apply for indefinite leave to remain as a partner where they have completed a continuous period of at least ten years in the UK. The rules go on to explain at Immigration Rules, Appendix FM, para E-ILRP.1.3(1)(b)

Striking out ET Rule 37(1) provides that a tribunal has power to strike out the whole or part of a claim on a number of grounds, one of which is that the manner in which the proceedings have been conducted by or on behalf of the claimant has been scandalous, unreasonable or vexatious. For further information, see Practice Note: Striking out and unless orders in employment tribunal proceedings—Grounds that may justify striking out. Lying in a claim about whether or not a claimant has received Working Tax Credit affecting the calculation of loss might be regarded as ‘unreasonable’ in terms of the rule. An application for striking out could be made on this ground. In contrast, falsely claiming Working Tax Credit in and of itself could

The judicial allocation of proceedings is dealt with by the Family Court (Composition and Distribution of Business) Rules 2014 (FC(CDB)R 2014), SI 2014/840. The rules: • provide that certain types of cases can be allocated to certain levels of judge (FC(CDB)R 2014, SI 2014/840, Sch 1), and • prohibit certain levels of judge of the Family Court from dealing with certain remedies (FC(CDB)R 2014, SI 2014/840, Sch 2) FC(CDB)R 2014, SI 2014/840 does not, however, comprehensively list every type of application and legislative provision, and while FC(CDB)R 2014, SI 2014/840, Sch 2 sets out remedies which may not be granted by lay justices in the Family Court including interim injunctions, it does not expressly refer to proceedings under the Family Law Act 1996 (FLA 1996), nor prohibit the grant of an injunction other than an interim injunction (save in other specified cases, for example

For information generally on the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (FTE Regs 2002), SI 2002/2034, see Practice Note: Fixed-term employees. Under FTE Regs 2002, SI 2002/2034, reg 3(1), a fixed-term employee has the right not to be treated by his employer less favourably than the employer treats a comparable permanent employee: • as regards the terms of his contract, or • by being subjected to any other detriment by any

A deed poll is a legal document that proves a change of name. It enables a person to change any part of their name, add or remove names and hyphens, or change spelling. A person can either create their own deed poll, which would be sufficient to change their driving licence or passport, or they can put their new

It is a statutory requirement that enterprise management incentives (EMI) options can only granted over shares that: • form part of the ordinary share capital of the relevant company • are fully paid up, and • are not redeemable However, provided that in all cases the relevant shares meet all of these requirements (and that the company otherwise meets the EMI qualifying criteria) there is nothing to prevent a company from establishing and operating an EMI scheme under which the governing scheme rules allow for EMI options to be granted over different classes of shares in the company. If a company takes this approach then it

As a matter of fundamental landlord and tenant law, a person may not grant a lease to themselves. However, section 72 of the Law of Property Act 1925 (LPA 1925) (where relevant) provides: ‘(3) After the commencement of this Act a person may convey land to or vest land in himself. (4) Two or more persons (whether or not being trustees or personal representatives) may convey, and shall be deemed always to have been capable of conveying, any property vested in them to any one or more of themselves in like manner as they could have conveyed such property to a third party; provided that if the persons in whose favour the conveyance is made are, by reason of any fiduciary relationship or otherwise, precluded from validly carrying out the transaction, the conveyance

Where the employer has carried out a redundancy selection exercise, an employee should usually be provided with a copy of their own assessment. In John Brown Engineering v Brown, employees could appeal against their selection, but they were not given the individual assessments. In these circumstances, the EAT held the tribunal was entitled to conclude that the appeal process was a ‘sham’. The EAT confirmed that it was not part of the tribunal's duty to put the selection criteria under a microscope,

By section 52 of the Law of Property Act 1925 (LPA 1925), all conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate except by deed. LPA 1925, s 54(2) provides that leases taking effect in possession for a term not exceeding three years do not have to be by deed. As explained in Commentary: Requisites for creation of leases: Hill and Redman's Law of Landlord and Tenant [642] 'A lease for a term exceeding three years or at a rent

The seller of land subject to a Farm Business Tenancy is unable to serve notice on the tenant under s 8 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), to ensure it is not liable for any potential claims under the Agricultural Tenancies Act 1995 (ATA 1995) (ie for compensation once it has sold the land. However, an indemnity clause from the buyer should be included in a transfer of land subject to a lease. LT(C)A 1995, s 8 LT(C)A 1995, ss 6-8 enable a landlord assigning the reversion to be released from the landlord covenants of the tenancy. LT(C)A 1995, s 28 of that Act defines ‘landlord covenant’ as a covenant

Where two or more executors are appointed by the testator and only one of those executors intends to obtain a grant of probate with power reserved to the other executor(s), under Non-contentious Probate Rules 1987 (NPR 1987), SI 1987/2024, r 27(1) the Oath for the Grant must state they have given notice to the other executor(s) (see Commentary: Notice of application for probate to executor to whom power is to be reserved: BWPAS Probate Precedents [6.5]) unless a district judge or registrar dispenses with the requirement to provide notice. For further information, see Commentary: Reservation of power to non-proving executors: Tristram & Coote’s Probate Practice [4.54]–[4.60]. NPR 1987, SI 1987/2024, r 67 provides as follows: ‘67. Unless a registrar