Apportionment meaning

To bring a business tenancy to an end on the contractual expiry date or at any point thereafter, a tenant may rely on a notice given under section 27 of the Landlord and Tenant Act 1954 (LTA 1954). This Checklist sets out the circumstances and procedure for serving such a notice. For wider guidance on ending LTA 1954 tenancies, refer to Practice Note: LTA 1954 business lease renewal—termination. It outlines timing and the method of service in clear terms. Is the tenancy for a fixed term? A section 27 notice is available only where the tenancy is for a fixed term. It is not available for periodic tenancies. Nevertheless, a tenant may end a periodic tenancy by giving a common law notice to quit (see Practice Note: LTA 1954 business lease renewal—termination under the heading Termination of LTA 1954 tenancies). Have any other notices been served? Once a tenant has served a section 26 request, they cannot then serve a section 27 notice...

When does a section 75 debt arise? An s 75 liability crystallises in respect of an occupational pension scheme that is underfunded on a buy-out basis and: an employment-cessation event happens for a relevant participating employer within a multi-employer scheme an insolvency event occurs in relation to a participating employer of the scheme, or the scheme formally goes into winding up In a multi-employer scheme, an employer’s s 75 debt is its allocated share of the scheme deficit, appropriately assessed on a buy-out basis. As an alternative to immediately paying the s 75 debt in full, an employer may enter into a deferred debt arrangement, an apportionment arrangement, or a withdrawal arrangement. Section 75 does not apply at all to money purchase schemes, unregistered pension schemes, unfunded public sector schemes, and a scheme with only one member. ...

When assessing their VAT position and arranging internal matters, charities must reflect on numerous considerations, aiming to achieve the most beneficial VAT outcome open to them, i.e. to pay and/or incur as little VAT as possible, or none at all, wherever attainable within that framework as a whole...

Mergers The CMA has issued its interim report and potential remedies following the remittal of its phase 2 review into Spreadex Limited’s completed purchase of the B2C business of Sporting Index Limited, and has provisionally identified competition concerns. Spreadex and Sporting Index both offer fixed odds betting and sports spread betting to UK customers. Spreadex also operates in financial spread betting and casino betting. The firms are the only licensed providers of online sports spread betting services, and the CMA concluded that any remaining out-of-market constraints post-merger—such as unlicensed sports spread betting operators, financial spread betting firms, and sports fixed odds betting providers—are weak...

Original news Windemere Marina Village v Wild [2014] UKUT 0163 (LC) The landlord of a marina development – a mixed scheme on the banks of Windermere – appealed an LVT determination that replaced the apportionment of service costs payable by tenants of 26 dwellings with the tribunal’s own division, displacing the split previously set by the landlord’s appointed surveyor. Permission to appeal was granted because the question raised a point of principle with potentially wide reach. Under the lease of a dwelling at the marina, the tenant is required to contribute a fair share of service expenses, that share to be fixed by the Lessor’s surveyor for the time being, whose decision is stated to be final and binding. The central issue was whether statute renders void an agreement making the landlord’s surveyor’s assessment of the service charge apportionment conclusive and binding. What is the law in this area? The Landlord and Tenant Act 1985, s 27A(6) (LTA 1985) renders void any agreement by a tenant of...

The solicitors watchdog has confirmed, after consultation, that contributions from individual solicitors and the firms it oversees will rise for the first time in five years. For the year beginning 1 November 2024, individual payments into the compensation fund will be £90, up from £30 the previous year, while firms will contribute £2,220, up from £660. In a statement, SRA chief executive Paul Philip said the fund is vital to protecting the public and maintaining confidence in the profession. The regulator had consistently reduced payments to the fund over the last five years. However, an increase is now required due to an exceptional volume of recent claims following significant interventions, he said. The fund has consequently faced mounting strain as the SRA has needed to step in much more often and close down additional firms to safeguard the public in actions referred to as ‘interventions’...

Forthcoming change: Sections 6–7 of the Finance Act 2026 provide that, with effect from 6 April 2027, an individual’s property income will be subject to income tax at the property basic rate of 22%, the property higher rate of 42%, and the property additional rate of 47% for a given tax year. A person’s property income is treated as the highest portion of their income, save where they also have savings and/or dividend income. Where savings and/or dividend income arises, the property income is taken to be the portion of the person’s income that falls immediately before the savings and/or dividend income. FA 2026, Schedule 1, makes consequential amendments to ITA 2007. For these purposes, property income means income that is: chargeable under Chapter 3 of Part 3 of ITTOIA 2005 (profits of a UK property business or an overseas property business) chargeable under Chapter 7 of that Part chargeable under Chapter 8 of that Part chargeable under Chapter 9...

The outcome of most road traffic matters depends on their own circumstances. There are rarely absolute rules. Yet, over the past century, a body of case law has developed that offers useful guidance across many familiar situations. Rulings reached on the facts of individual cases should not be taken as statements of law. Even so, earlier judgments often provide a sound indication of how questions of liability are likely to be decided. Roundabouts Rules 184–190 of the Highway Code explain what drivers should do when approaching, and while negotiating, a roundabout. Motorists must give way to traffic coming from the right unless told otherwise, for example by traffic lights. They should also adapt their speed and road position to suit prevailing traffic conditions. Rule 186 of the Highway Code sets out guidance on correct signalling, but motorists should bear in mind that road users already on a roundabout may not be signalling properly, or at all...

What is an agreement on liabilities? Parties to a deal may choose to set out, expressly, how known or potential remediation expenses under Pt IIA of the Environmental Protection Act 1990 (EPA 1990) will be shared, for example on a land transfer. An agreement on liabilities exists where: two or more persons are “appropriate persons” who bear all or part of the cost of a remediation measure they agree, or have previously agreed, the basis on which that burden is to be apportioned a copy of the agreement is supplied to the enforcing authority, and none of the parties notifies the enforcing authority that it contests the agreement’s application An “appropriate person” is the: person(s) who caused, or knowingly permitted, the contaminating substances to be in, on or under the relevant land (Class A), or owner or occupier of the contaminated land, but only where a Class A person cannot be identified (Class B) ...

This Deed is entered into on the [ insert day ] day of [ insert month ] 20[ insert year ] Parties [ Insert full company name ], incorporated in England and Wales with company number [ insert number ], and whose registered office is at [ insert registered company address ] (the Departing Employer); [ Insert full company name ], incorporated in England and Wales with company number [ insert number ], and whose registered office is at [ insert registered company address ] (the Receiving Employer); and [ [ Insert full name of company ] incorporated in England and Wales with company number [ insert number ] and having its registered office at [ insert registered company address ] OR [ insert individual name(s) ] of [ insert individual address(es) ] ] (the Trustees). Background: (A) [ insert full name of scheme ] (the Scheme) was constituted by an [ interim OR definitive ] deed dated [ insert...

[ Date ] [ Grantor's name and Unique Taxpayer Reference (UTR) ] [ Grantee's name and UTR ] Election to apportion the price of fixtures under section 199 of the Capital Allowances Act 2001 This serves as formal notice of an election entered into under section 199 of the Capital Allowances Act 2001 (CAA 2001). This joint election is entered into by [ name of grantor ], acting as grantor (the Grantor), whose Unique Taxpayer Reference is [ UTR ], together with [ name of grantee ], acting as grantee (the Grantee), whose Unique Taxpayer Reference is [ UTR ], in relation to the property described as [ details of property and the address ], recorded at HM Land Registry with title number [ title number ] (the Property)...

date [ date ] Parties [ name of Seller ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] ( Seller ) [ name of Buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] ( Buyer ) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] ( Guarantor ) ] 1 Definitions In this Agreement, the terms set out below shall have the meanings given: ...

As a broad principle, obligation to observe or give due consideration to the Service Charge Statement rests solely with RICS members and firms regulated by RICS. Where neither the client nor its surveyors hold RICS regulation, they are under no duty to adhere to its requirements. As a practical reminder, solicitors who are not part of RICS do not have to comply with the Service Charge Statement; however, they ought to recognise that their RICS-registered clients, and/or any RICS-registered colleagues within their organisations, might still be required to comply with the Service Charge Statement...

The general rule relating to the burden of inheritance tax (IHT) Under section 41 of the Inheritance Tax Act 1984 (IHTA 1984), the core rule on who shoulders inheritance tax (IHT) provides that where some gifts are exempt but others are not, only those receiving the exempt gifts take them without any deduction for tax. See: Re Ratcliffe. A Will can, however, stipulate a different outcome, as demonstrated in Re Benham's Will Trusts...

Mary Ashley of 15 Old Square Higher SDLT rates apply where an individual buys a major interest in a single dwelling if conditions A–D are met at day‑end: A — consideration of £40,000 or more B — not subject to a lease with over 21 years unexpired C — purchaser owns another £40,000+ dwelling not so leased D — does not replace the only or main residence Dwelling includes a building or part used, suitable or being built/adapted as one dwelling, its gardens, grounds and benefiting land, and off‑plan contracts. Mixed‑use is excluded; no apportionment. As this freehold includes residential and non‑residential parts, it is mixed‑use, so the 3% surcharge should not arise. Sean Randall of Blick Rothenberg Limited The 3% applies to “higher rates transactions” in FA 2003, Sch 4ZA, paras 3–7, each requiring the main subject‑matter to consist of a major interest in at least one dwelling. The chargeable interest includes the first‑floor flat but does...