Winckworth Sherwood

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4 Contributions by Winckworth Sherwood Experts

Business tenancy renewals: Landlord and Tenant Act 1954 court-determined lease terms (ss 32–35)—premises, term, rent, breaks, reviews, repairs, alienation, service charges and MEES (England and Wales)
PRACTICE NOTES
This Practice Note addresses how the court settles the provisions of a renewal lease under sections 32–34 of the Landlord and Tenant Act 1954 (LTA 1954) where the parties fail to agree, covering the identity of the premises, the duration of the term, the rent due, and clauses including improvements, rent review and break rights, guarantors, repairing obligations, reinstatement and alterations, service charges, and rent deposits in dispute by either side. Court determination Where a landlord and tenant remain unable to agree the provisions of a renewal lease, either party may apply to the court to determine the terms pursuant to LTA 1954, s 24(1)...
Property Disputes
UK sponsored work routes: genuineness and eligible role requirements—Immigration Rules, Sponsor Guidance, SOC coding, applicant intention, defined CoS scrutiny, compliance evidence, and revocation case law
PRACTICE NOTES
Genuineness and eligible role considerations in sponsored worker routes This Practice Note examines genuineness and eligible role issues across sponsored worker routes. These include, among other aspects, whether vacancies/roles genuinely exist, the financial viability of those roles, applicants’ qualifications/registration, the requirements of the job, and the worker’s intended purpose. The relevant criteria are found in the Immigration Rules for the Skilled Worker, Global Business Mobility and Scale-up routes, and also in the Sponsor Guidance that applies to all sponsored work routes. The original 2008 sponsored employment model under the Points-Based System was, in essence, self-certification—employers had to sign up to and maintain stringent compliance arrangements to gain a sponsor licence, after which they could assign their own Certificate of Sponsorship (CoS), subject to periodic compliance visits and other checks to ensure they continued to meet sponsor duties, including accurate CoS assignment. This approach was
Immigration
Must LPAs publish draft s106 agreements on the planning register?
Q&As
Section 96 of the Town and Country Planning Act 1990 (TCPA 1990) Section 96 of the TCPA 1990 stipulates that a local planning authority (LPA) is to maintain and keep a register holding whatever information is prescribed by law. The Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 (the England DMPO), specifies the matters to be contained within the planning register. Under article 40 of the England DMPO, SI 2015/595, every LPA is required to keep, arranged in two separate sections, a register recording each application for planning permission concerning its area...
Planning
Rights of light: lease and related document review checklist—express/implied grants, reservations, prescription, assignments and releases (England and Wales)
CHECKLISTS
This Checklist This Checklist outlines which provisions in a lease and other relevant associated documentation should be carefully examined to ascertain whether a right of light subsists. A right of light is an easement granting a landowner the entitlement to receive natural light through an opening in a building on its land. The owner of the land encumbered by that right (the 'servient Building') must not impede or disturb it without first obtaining consent. For any proposed development, it is therefore essential to identify neighbouring properties that could be enjoying a right of light (the 'dominant Building'). For further information on rights of light, see the following Practice Notes: Establishing and maintaining rights of light Rights of light—obstruction notices Rights of light claims Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual
Property Disputes
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