Tanfield Chambers
3 Experts
9 Contributions by Tanfield Chambers Experts
PRACTICE NOTES
The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 set out the overarching framework for decision-making across all formal insolvency processes. Although decision procedures specifically appear in IR 2016, SI 2016/1024, Pt 15, company voluntary arrangements (CVAs) are instead covered in IR 2016, SI 2016/1024, Pt 2. For a further general guide to decision-making, see Practice Note: Voting and creditors' decision procedures.
Creditor claims
There is no express statutory definition of ‘creditor’ in the Insolvency Act 1986 (IA 1986) or IR 2016, SI 2016/1024 for the purposes of a CVA. For individual voluntary arrangements (IVAs), the expressions ‘debt’ and ‘liability’ are each defined to embrace ‘debts or liabilities which are present or future, certain or contingent or in respect of an amount which is fixed or liquidated or is capable of being ascertained by fixed rules or as a matter of
Restructuring & Insolvency
Q&As
At common law, A has no entitlement to go onto B’s land to undertake repairs to A’s property. In the absence of an express right, or B’s permission, doing so would constitute trespass. Nevertheless, A does enjoy certain limited rights under the Access to Neighbouring Land Act 1992 (ANLA 1992). Under section 1(1) of ANLA 1992, if A wishes to enter B’s land to carry out works to A’s land, and B refuses consent, A can apply to the court for an access order, in such circumstances and situations...
Property
Q&As
When a landlord grants an assured shorthold tenancy (AST) to a tenant at the end of a prior AST for the same property and same parties, it constitutes a replacement tenancy...
Property Disputes
Q&As
While an assignment of a tenancy has to be executed as a deed, a landlord’s licence to assign need not be by deed unless the lease expressly stipulates that the licence must be in deed form. Where there is no express clause mandating a deed, a landlord’s demand that consent is provided only via deed may constitute an unreasonable condition to consent and, consequently, an unreasonable refusal to grant consent.
You might also find helpful:
Practice Note: Landlord's consent to assign or underlet
Assignment and underletting—overview...
Property
Q&As
Pursuant to section 21B(3) of the Landlord and Tenant Act 1985 (LTA 1985), a tenant may withhold paying a service charge if the demand is not sent with the summary of rights and obligations in the prescribed form (the s 21B notice)...
Property Disputes
Q&As
This could be the appropriate method to secure lawfully an access right from B’s property across C’s property...
Property
Q&As
Service of a notice to quit/notice to end the licence was not required. The lodger/licensee occupied solely by way of goodwill. No periodic licence was ever created or granted...
Property Disputes
Q&As
It is presumed the intermediate tenancy remains in force, and a sub-tenancy has been created in breach of covenant. In that case, the landlord is unable to evict the sub-tenant directly...
Property Disputes
Q&As
In accordance with section 215(2A) of the Housing Act 2004 (HA 2004), a landlord may issue a section 21 notice where the deposit is repaid in full, or with deductions mutually agreed by both the landlord and the tenant concerned...
Property Disputes
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