Maintenance expenses meaning

What is a positive covenant? A covenant operates as a contractual promise. Common examples of positive covenants found in land transfers impose duties to: carry out repairs or upkeep (for example, access ways), or contribute towards repair and maintenance expenses incurred by another put up buildings or boundary fencing (for example, on a transfer of part) pay additional sums (i.e. overage) where, for instance, planning permission is obtained, or on a sale following development of the land What is the issue with positive covenants? At common law, it is firmly settled that the burden of a positive covenant affecting freehold land does not pass with the estate. Accordingly, if one party to a freehold transfer (Party B) gives a positive covenant in favour of the other (Party A), that obligation will not bind Party B's successors in title, despite section 79 of the Law of Property Act 1925...

Hirachand (Appellant) v Hirachand and another (Respondents) [2024] UKSC 43 What are the practical implications of this case? Applications under the I(PFD)A 1975 are frequently issued by individuals requiring financial support. On that basis, numerous claimants lack the funds to meet continuing legal expenses personally from their own pockets. As a result, CFAs are commonly adopted and relied upon. In addition, determining a maintenance award involves evaluating a person’s financial position and requirements in detail. Success fees cannot be recovered from the opposing party under section 58A of the Courts and Legal Services Act 1990. Yet they remain a monetary obligation of a winning claimant. Prior to this ruling, the success fee could be factored in when assessing financial need and, in turn, when fixing the substantive award. That approach no longer applies, so successful parties must satisfy the success fee from their own resources, thereby diminishing the value of the substantive award. What was the...

In this issue: Relationship breakdown Domestic abuse Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Relationship breakdown New divorce law release note HM Courts and Tribunals Service has issued a new divorce law release note confirming that from 5 January 2026, solicitors will be able to remove a draft case. The matter will then move to a withdrawn status on manage cases/core case data (CCD). After submit has been selected, solicitors will no longer be able to view the matter. Where the matter has been shared with colleagues, they will likewise lose access. Solicitors will receive an email notification confirming that the matter has been withdrawn. Domestic abuse Inspectorates find inconsistent recognition of children as domestic abuse victims despite Domestic Abuse Act 2021 Ofsted, the Care Quality Commission (CQC), HM Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), and HM Inspectorate of Probation...

In this issue The EAT in Stena Drilling clarified the divide between territorial and international jurisdiction, narrowing alternative routes; British Airways holiday pay ruling examines the true nature of payments and applies Agnew; government publishes its response on the statutory tips Code; TAMD sets out technical tax updates, umbrella non-compliance action, and an NICs postcode consultation; Powell confirms a justified refusal to allow a return on restricted duties; Aird permits attendance at private equal pay hearings with limited document access; Scottish instruments add PSCS and CJS as listed authorities from 1 July 2024; the DWP seeks evidence on fit note reform by 8 July; a TULR(C)A draft order brings protective awards within Code-based adjustments on 18 July; Jasim guides Rule 37(5) time extensions; April Immigration Rules overhaul sponsored routes; create personalised news alerts via the Alerts tab; May hearings and commencements are scheduled; trackers updated on consultations, legislation, Bills and EU directives... Cross-border, international and jurisdictional issues Pay Tax Prohibited conduct (discrimination etc)...

Practice Note This Practice Note sets out guidance on the court’s authority to order periodical payments and/or lump sums covering school fees and other educational or training outgoings. It outlines the steps to be taken in matters involving parents who are or have been married or in a civil partnership, as well as in situations where the parents have never been married or in a civil partnership, and prescribes the process to follow. Significant limits apply to the court’s ability to make periodical payment orders for a child where the Child Maintenance Service (CMS) has, or would have, competence to carry out a maintenance calculation. Even so, the court still has power to direct that a parent, or any person who has treated the relevant child as a child of the family, must pay or contribute towards the expense of a child receiving instruction at an educational institution, or undertaking training for a trade, profession, or vocation (whether or not in paid work). Most frequently, such directions concern the...

This Practice Note addresses matters concerning the aids and appliances a claimant may need as a consequence of their injuries. The claimant must show that any aids and equipment sought meet a genuine medical or therapeutic requirement and are reasonably necessary. Where the claim is sizeable, opinion from an appropriate medical and/or care expert will be needed. This Practice Note also explores recurring questions, such as whether items are obtainable through the NHS, together with the ongoing costs of upkeep, replacement, and, for some items, insurance. Common types of aids and equipment The helpful aids range from the very simple to the highly sophisticated, including: Basic items, for example a shoe horn or walking stick Advanced solutions, for example a computer system assisting with speech or controlling the home environment, media streaming services, or an integrated telephone/headset for a wheelchair or car...

This Practice Note sets out the procedure for managing commercial service charge disputes, with reference to the mandatory requirements and best practice in the Royal Institution of Chartered Surveyors (RICS) professional standard, ‘Service charges in commercial property’ (Service Charge Standard). For guidance on the services a commercial landlord must provide and the expenses that may then be recovered, see Practice Notes: Commercial service charges—what is the landlord's liability to provide the service? and Commercial service charges—what expenses can the landlord recover? Service charge recovery—commercial versus residential Service charges in commercial property serve the same purpose as in residential settings: they allow a landlord to provide repair and maintenance services and reclaim the associated costs from a tenant. However, whilst residential service charges are regulated by extensive legislation (see Residential—statutory limitations on recovery of service charges and administration charges), the only statute that directly addresses commercial service charges is the six‑month time limit for claims against a former tenant under the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995),...

This Agreement, dated [ insert date ] (the Commencement Date), is hereby entered into by the following, each as identified below: Parties 1 [ insert supplier name ], a company duly incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert registered office ] ( Supplier ); and 2 [ insert customer name ], a company incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert registered office ] ( Customer ). Each of the Supplier and the Customer constitutes a party, and together the Supplier and the Customer constitute parties to this Agreement. Background (A) The Supplier delivers website design and development services. (B) The parties agree that the Supplier will create a website [ and [ insert any other services that it has been agreed that the Supplier will provide ] ] for the Customer, in accordance with the terms of this Agreement...

This Agreement is entered into on [ date ] between the parties Parties [ Insert name of supplier ], a company registered in [ England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert address ] (the Supplier); and [ Insert name of customer ], a company registered in [ England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert address ] (the Customer), each of the Supplier and the Customer being a party and, together, the Supplier and the Customer being the parties. Background The Supplier is [ the licensor of certain software applications ]. The Customer is [ insert details of Customer’s background/background to the relevant transaction ]. The Supplier has granted a licence to the Customer [ , members of its group ] [ and certain authorised third parties ] to use certain software applications...

This Agreement is hereby entered into on [ date ] Parties [ Insert name of supplier ], a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] (Supplier); and [ Insert name of customer ], a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] (Customer), each of the Supplier and the Customer being a party and, together, the parties. Background The Supplier is [ the licensor of certain software applications ]. The Customer is [ insert details of Customer’s background/background to the relevant transaction ]. The Supplier agrees to provide support and maintenance services for certain software on the terms of this Agreement. The parties agree 1 Definitions and interpretation 1.1 In this Agreement: Additional Services means...