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Q&As
The Renters' Rights Act 2025 introduces wide-ranging reforms to the law of residential tenancies. Many key provisions are in force from 1 May 2026, but only in relation to the private sector (where the landlord is not a private
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Service Service of the claim form on an individual can be effected by various methods, including leaving it with the individual and leaving it at the individual’s usual or last known residence. This will always be effective service. The rules permitting service by post do not, in themselves, require the use of a postcode—simply that the postal service allows delivery on the next business day. However, the claim form is required to bear the full address of the defendant to include the postcode ‘unless the court orders otherwise’. If the static caravan is not separately identified in the Royal Mail’s postcode database, it would seem likely that this requirement would be met by using
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See the Communities and Local Government’s (CLG’s) Guidance on the compulsory purchase process, which provides guidance on the general vesting declaration (GVD) procedure. Specifically, question 51 states: ‘When might a general vesting declaration be used? An acquiring
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Firstly, it is important to ensure that what is being dealt with is a true licence. Our Practice Note: Leases and licences of land—key features and differences gives some clarification. A contractual licence will terminate at the end of the term unless a periodic licence provides otherwise, reasonable notice must be given to terminate. Furthermore, if the periodic licence relates to premises occupied as a dwelling, any notice to quit will need to
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Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell abandoned possessions where adequate notice has been given, and the procedure pursuant to T(IG)A 1977 followed. Reasonable steps must be taken to provide the owner with notice in accordance with T(IG)A 1977, Sch 1, Pt I, which reads as follows: • ‘(1) For the purposes of section 12(1) a bailee may, in the circumstances specified in this Part of this Schedule, by notice given to the bailor impose on him an obligation to take delivery of the goods. • (2) The notice shall be in writing, and may be given either— ◦ a) by delivering it to the bailor, or ◦ b)
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From 15 January 1989 onwards, a tenancy of a dwelling house let as a separate dwelling will automatically be an assured tenancy if all of the following criteria are met: • the tenant (or if joint tenants at least one of them) is an individual • the tenant (or if joint tenants at least one of them) occupies the dwelling house as their only or principal home • the tenancy is not one that cannot not be an assured tenancy Since 28 February 1997, the majority of assured tenancies are assured shorthold tenancies (ASTs), pursuant to section 21(1) of the Housing
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Joint and several liability Joint and several liability arises where two or more persons under the same contract make a promise to the same person, and at the same time each of them individually makes the same promise to that same person. Where two or more persons make joint and several promises to another, each of the promisors incurs both a joint and a several liability. This means that all or any of the promisors may be sued, at the option of the promisee, in respect of a joint and several liability, and separate actions may be brought against each. See Practice Note: Joint, several, and joint and several liability. The conditions to make someone bankrupt Where debt is owed on a joint and several basis, for a creditor to serve a statutory
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Local planning authorities (LPAs) can issue a temporary stop notice (TSN), where it appears to them that there has been a breach of planning control in respect of any land and it is expedient that the activity or part of the activity which amounts to a breach of planning control is stopped immediately. Under
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We refer you to extracts from Reservation of power to non-proving executors: Tristram and Coote's Probate Practice [4.56]: ‘...[para 4.56] Notice of the application for probate normally must be given to the executor or executors to whom power is to be reserved (r 27(1)), unless a district judge or registrar dispenses with the giving of such notice where he is satisfied that it is impracticable or would result in unreasonable delay or expense to give it (r 27(3)). ... [para
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A possession order is enforced by warrant of possession. Once the date by which possession has been ordered to be given has passed, the claimant may apply for a warrant. The court does not take steps to enforce the order unless the claimant asks it to do so and pays the relevant fee. If more than six years have passed since the date of the order, then the permission of the court is required before a warrant may be issued. A landlord may choose not to enforce the order for possession in accordance with the terms of an agreement. The parties do not require the permission of the court to agree this. They may choose, however, to embody their agreement in a further court order. The tenant then knows that if the terms of the stay are complied with, the landlord cannot seek to evict. Against that, the landlord knows that if the tenant fails to comply with them, the assistance of the court can
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Charging orders—Background With effect from 6 April 2016 the procedure for seeking an interim and final charging order has changed, with amendment being made to CPR 73 and CPR PD 73 accordingly. The provisions of the Charging Orders Act 1979 (COA 1979) remain unchanged. A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it. The debt may be satisfied at a later date by applying for an order for sale of the charged asset under CPR 73.10C (see Practice Note: Order for sale—how to enforce a charging order). The order for sale crystallises enabling the judgment creditor to sell the asset, repay all mortgagees and chargees in priority and repay the debt owed to the judgment creditor. A judgment creditor can apply for
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We note that the Law of Property Act 1925, s 196 (LPA 1925) (section 196) is expressly incorporated into the lease (and will also apply where a lease is silent on service—see our Practice Note: Break clauses and notices—service). However, as you say, a notice served to an address outside the UK will not be validly served under section 196 on the basis that the LPA 1925, s 196(3) and (4) requires the notice to be sent to the last-known place of abode or business (ie registered office address) in the UK. See Encyclopaedia of Forms and Precedents—11 Lease—office building—with or without land—no adjoining property owned by landlord, clause