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Right to manage—procedure—checklist

Right to manage—procedure—checklist Premises • Do the premises consist of a self-contained building or part of a building, with or without appurtenant property? • Do they contain two or more flats held by qualifying tenants? • Do qualifying tenants hold at least two-thirds of the total number of flats contained in the premises? • Is any part of the premises occupied or intended to be occupied other than for residential purposes? If so, is no more than 25% of the internal floor area of the whole premises in non-residential use (the internal floor area of any common parts being disregarded)? • Are the premises ‘excepted’ from the right to manage? • Is there already an RTM company in relation to the premises or to any premises containing or contained in the premises? See Practice Notes: The right to manage, The right to manage blocks of flats—establishing the right and The right to manage—what are qualifying premises. Qualifying tenants • Do the participating tenants hold qualifying ‘long leases’? • Do qualifying...

Surrender of lease—acting for the tenant—checklist

Surrender of lease—acting for the tenant—checklist This Checklist sets out some of the key steps and issues that the tenant should consider when contemplating surrendering its lease to its landlord. It is not exhaustive and you must always consider whether there are any other issues that need to be addressed in your particular circumstances. The Checklist assumes that: • the surrender is express and not by operation of law, and • there will be no re-grant in favour of the tenant immediately following the surrender This Checklist can be read in conjunction with Practice Note: Lease surrenders and Checklist Surrender of lease—acting for the landlord—checklist. How to use this Checklist Whilst the mechanics of the surrender of a lease are similar to a sale and purchase (because the tenant is selling and the landlord is buying), there are some differences. The first section (Key issues) in this Checklist sets out the key issues to consider with further detail in the table in Procedure when dealing with the surrender of a...

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Terminating an assured shorthold tenancy under section 21 of the Housing Act 1988–flowchart

Terminating an assured shorthold tenancy under section 21 of the Housing Act 1988–flowchart This Flowchart sets out the procedure for terminating an assured shorthold tenancy (AST) under section 21 of the Housing Act 1988 (HA 1988) using the standard possession procedure, including the timing for serving a section 21 notice, issuing proceedings and stages in the proceedings leading to an order for possession. Where HA 1988 applies, unless a tenant agrees to vacate a property voluntarily, a landlord can only recover possession by following the procedures set out in HA 1988, ss 8 or 21, by obtaining an order for possession and enforcing it. For further guidance, see Practice Note: Assured and assured shorthold tenancies—terminating. HA 1988, s 21 allows a landlord to bring a fixed term AST to an end on giving the tenant at least two months’ written notice, on the exercise of a break notice during a fixed term or at the end of, or after the end of a fixed term tenancy. It also applies to...

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Drawdown before 6 April 2011 [Archived]

Drawdown before 6 April 2011 [Archived] THIS PRACTICE NOTE RELATES TO DRAWDOWN PENSIONS WHICH COMMENCED BEFORE 6 APRIL 2011 ARCHIVED: This archived Practice Note looks at the legal regime applicable to drawdown arrangements under registered pension schemes entered into before 6 April 2011, a time when such arrangements were then known as ‘unsecured pension’ and ‘alternatively secured pension’. This archived Practice Note is not maintained. For information on the legal regimes applicable to drawdown arrangements on or after 6 April 2011, see Practice Notes: • Drawdown between 6 April 2011 and 5 April 2015 [Archived] • Drawdown from 6 April 2015 • Drawdown and death benefits from 6 April 2015 What is a drawdown pension? The A-day tax simplification changes, which came into force on 6 April 2006 introduced a new drawdown regime for registered pension schemes which replaced the limited ability to drawdown pensions which existed prior to that date. The A-day changes introduced the concept of the ‘unsecured pension’ and the ‘alternatively secured pension’....

Contents of Wills—rules of apportionment

Contents of Wills—rules of apportionment The rules of apportionment should be considered at the moment of drafting the Will. Whenever a Will creates a trust, some rules of apportionment may be applied or excluded unless they have been dealt with expressly in the wording of the Will. Essentially, the purpose of the apportionment rules is to strike a balance between those interested in the capital of the trust (the remaindermen) and those interested in the income derived from that capital (the life tenant). These rules have been set out in cases and by statute. In the main, the reasoning behind the rules was that a testator, had they thought about it, would probably have wanted the trustees to maintain that balance. Therefore, equity intervened to presume that intention on behalf of the testator. As the principle of apportionment was always to be presumed, there was no necessity to seek any evidence of intention to include the rule (although evidence would be needed to dispel the presumption). Trusts...

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Drafting notes for claim form in s 21 notice accelerated possession proceedings

Drafting notes for claim form in s 21 notice accelerated possession proceedings How to use these drafting notes A claim for possession of a residential property situated wholly or partly in England let on an assured shorthold tenancy (AST) using the accelerated possession procedure is made using Form N5B England. These drafting notes are for completing form N5B England only. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs became converted occupation contracts. For accelerated possession claims of residential properties situated in Wales, Form N5B Wales should be used. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession. General points for issuing accelerated possession proceedings These drafting notes are designed to assist in completing form N5B England, which is the claim form where a private landlord has served a section 21 notice on the tenant...

Drafting notes for section 8 notice seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST)

Drafting notes for section 8 notice seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST) These drafting notes are to be used by a landlord when preparing to serve a notice pursuant to section 8 of the Housing Act 1988 (HA 1988) to seek possession of a dwelling let under an assured tenancy (AT) or an assured shorthold tenancy (AST) in England under one of the grounds set out in HA 1988, Sch 2 or an assured agricultural occupancy. How to use these drafting notes The section 8 notice should be in the following form: • Section 8 Notice for properties in England These drafting notes are for use in completing the section 8 notice only. Note that from 1 December 2022 ASTs, ATs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs and ATs became converted occupation contracts. For further guidance, see...

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Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)?

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...

Can interest be claimed in relation to maintenance arrears payable under a periodical payments order?

Can interest be claimed in relation to maintenance arrears payable under a periodical payments order? It would appear that interest is not payable on arrears due under orders for periodical payments made, or registered, in the Family Court. The County Courts (Interest on Judgment Debts) Order 1991, SI 1991/1184 (as applied to the Family Court by the Crime and Courts Act 2013 (County Court and Family Court: Consequential Provision) Order 2014, SI 2014/1773, art 2) applies only to sums of £5,000 or more due under a lump sum order. However, there seems to be no such restriction on interest accruing on such arrears of periodical payments under orders made, or registered, in the High Court. The position was described by Mostyn J as ‘legally complex’, ‘murky’ and ‘difficult territory’ in Re TW and TM (Minors) (Child Maintenance: Jurisdiction and Departure from Formula) (at paras [17]–[19]). The answer may, therefore, be to transfer the order for enforcement purposes to the High Court subject to the requirements of Family Procedure Rules 2010...

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Property Disputes weekly highlights—28 November 2024

This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision on adverse possession and first registration, High Court decisions on the balance that must be struck between the rights to freedom of speech and assembly versus the prevention of trespass on private property, and beneficial ownership of a long leasehold restaurant property, and an Upper Tribunal decision on whether the First-tier Tribunal correctly decided to imply a legal obligations compliance term into a headlease. It also includes the approval of the 175th and 176th Practice Direction Updates to the Civil Procedure Rules, the publication of the minutes of the meeting of the King’s Bench Masters’ Court Users’ Group, the Civil Justice Council’s second phase report on the Pre-Action Protocols, the launch of the UK Supreme Court’s new digital platform and the Ministry of Housing, Communities and Local Government’s announcement of leasehold reforms for 2025, and publication of its impact assessment on the Renters’ Rights Bill.

Family weekly highlights—28 November 2024

This week's edition of Family weekly highlights includes details of the launch of the domestic abuse protection order pilot, Family Public Law release note 5 of 2024 and speeches by Lord Justice Jackson and Mr Justice MacDonald. A new local practice note enforcing strict adherence to the Public Law Outline in London family courts is considered. Recent judgments on the separate representation of children following a 1980 Hague Convention return decision and charging orders, interest on arrears and the application of the fixed costs regime are also set out.