Notice of transfer meaning

Section 57 of the Town and Country Planning Act 1990 (TCPA 1990) requires planning consent for any material change in the use of buildings or land. Any limitations or conditions attached to a permission must likewise be adhered to. Liability for any existing breach will transfer to the purchaser. It is therefore essential to verify that the current use of the entire property is properly authorised and that all related conditions are being complied with, or to establish whether any unauthorised use or breach has become immune from enforcement. For further information, see Practice Note: Material change of use. Is the use authorised? Confirm the permitted use of the property, or, where relevant, each planning unit, and determine whether that use is authorised by: an explicit planning permission a certificate of lawful use, or permitted development rights If the permitted use does not mirror an express planning permission, do not assume it is unlawful; it may still be authorised by...

Planning conditions and planning obligations often limit both what development may take place and the way it is carried out on the land or buildings to which they apply. See Practice Notes: Planning conditions—key points and Planning obligations—key points. Planning obligations Agreements made under section 106 of the Town and Country Planning Act 1990 (commonly called section 106 agreements, or planning obligations) control the use of land and bind successors in title. They are recorded as local land charges. The agreement should specify the land it binds by reference to an attached plan, which will usually mirror the planning application site boundary for the related development. A section 106 agreement is typically concluded before the decision notice granting planning permission is issued. How are planning obligations revealed? Review the outcome of the local land charges search (LLC1). Planning obligations are registrable as local land charges. From 12 April 2015, HM Land Registry has responsibility for the local land charges register. Transitional provisions permit HM Land Registry...

Administrator appointed by the court Where the court appoints an administrator under paragraph 11 of Schedule B1 to the Insolvency Act 1986 (IA 1986), following an application by the company, its directors and/or one or more creditors, the title deeds should include certified copies of: the administration order; and any further order(s) under IA 1986, Sch B1, paras 91–95 appointing a new administrator after the death, resignation or removal from office of the original or any later administrator Administrator appointed by holder(s) of qualifying charge, the company or its directors Where the administrator is appointed by the holder(s) of a qualifying floating charge (IA 1986, Sch B1, para 14) or by the company or its directors (IA 1986, Sch B1, para 22), the title deeds should include certified copies of: the notice of appointment: in a form complying with IA 1986, Sch B1, para 14 and the Insolvency (England and Wales) Rules...

Prepared with Anthony Shatz of Fladgate LLP, this flowchart outlines the steps to be taken and the key matters to consider for a transfer of shares in a joint venture company (JVC), where a right of first refusal (ROFR), together with drag along and tag along provisions, appear in the articles of association/shareholders’ agreement...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Public procurement Constitutional and administrative law Judicial review Equality and human rights State security and intelligence Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights NIO publishes Terms of Reference for Independent Review of Windsor Framework The Northern Ireland Office has released the Terms of Reference for an Independent Review of the Windsor Framework, as required by Schedule 6A to the Northern Ireland Act 1998. Initiated after a consent motion cleared the Northern Ireland Assembly without cross-community endorsement, the review will consider how the Framework is working and its influence on social, economic and political life in Northern Ireland. It is consistent with undertakings in the October 2019 Unilateral Declaration and the January 2024 Safeguarding the Union Command Paper. The resulting findings will be submitted to the UK Government, supplying vital...

In this issue: Residential property Transferring property Easements, rights and covenants Property taxes Additional property updates this week Daily and weekly news alerts Trackers New Q&As Residential property Failure to serve claim notice did not invalidate transfer of right to manage The Supreme Court unanimously rejected the appeal in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27, confirming that Tudor Studios RTM Company Ltd (Tudor Studios RTM Company)’s omission to serve a claim notice on A1 Properties (Sunderland) Ltd (A1 Properties) did not undo the transfer of the right to manage. The issue for decision was the consequence of non-compliance with section 79(6)(a) of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), and whether such a failure necessarily invalidates the process. Court of Appeal authority indicates that not every failure to serve a claim notice defeats an RTM company’s acquisition of the right to manage the premises: Elim Court...

In a warning notice dated 8 January 2024, the FCA stated that an unnamed pensions transfer specialist acted recklessly by urging customers to move their defined benefit pension schemes into alternative arrangements during the period 2015 to 2019. The regulator did not identify his firm nor disclose how many clients received his advice. The number of customers affected was also not disclosed. The adviser, who also performed director and compliance oversight duties, failed to collect adequate information about customers’ financial circumstances before providing those recommendations, the watchdog said. He or she also neglected to evaluate clients’ attitudes to investment and transfer risk...

ARCHIVED: On 7 June 2021, a notice appeared in the Official Journal of the EU that: (a) introduced new standard contractual clauses (SCCs) for exporting personal data governed by the EU GDPR to non-EEA destinations, available for use from 27 June 2021; and (b) revoked, after a transitional period, the earlier 2001, 2004 and 2010 international transfer SCCs. For more detail, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note concerns the 2004 and/or 2010 SCCs and stopped being updated when the new (2021) international SCCs were first released. Purpose of this Practice Note As outlined in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) sets limits on sending personal data beyond the EEA (EEA Transfer Restrictions). This Practice Note shows how standard contractual clauses approved in advance by the European Commission (often called Model Clauses and,...

ARCHIVED: This Practice Note is archived and is no longer maintained Coronavirus (COVID-19) Lawyers across the globe have been addressing shared concerns linked to the coronavirus (COVID-19) outbreak. Several issues are especially pertinent for banking and finance practitioners. For additional detail and commentary, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which is updated frequently with news, practical guidance and analysis on the impact of COVID-19 developments. This Practice Note sets out governmental and regulatory actions taken in response to the pandemic from a lending standpoint, the effects on facility agreements—viewed from both borrower and lender perspectives—and a series of practical considerations relating to executing transactions. We have compiled COVID-19 FAQs, bringing together common questions that may arise on lending deals during the crisis. We add to this list on a regular basis. To access the questions, see Practice Note: Coronavirus (COVID-19)—Banking & Finance frequently asked questions [Archived]. Specialist financing transactions This Practice Note summarises core, general points to assess on...

Employment laws in the Republic of Ireland, Great Britain and Northern Ireland have much in common, as all operate within common law systems and many contemporary employment statutes flow from European Directives. Even so, divergences do exist and are likely to widen. This Practice Note outlines several distinctions between Great Britain and the Republic of Ireland. Care is advised when handling matters in Northern Ireland, where the framework is becoming increasingly distinct from Great Britain. For details on the differences between Great Britain and Northern Ireland, see Practice Note: Northern Ireland employment law. Main areas of difference employment status categories leave entitlements qualifying period and remedies under unfair dismissals legislation redundancy entitlements protected conversations and settlement agreements employment tribunal procedures transfers of undertakings (TUPE) immigration Categories of employment status In the Republic of Ireland, individuals engaged in work are typically classified as either ‘employees’ or ‘independent contractors’. There is no...

This Agreement is dated [ insert date ] Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (Assignor) [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (Assignee) Each of the Assignor and the Assignee is a party; together they are the parties. Background The Assignor owns the copyright and database rights in the Database. The Assignee is [ insert description of the Assignee’s background/background to assignment or relevant transaction ]. The Assignor agrees to assign all such copyright and database rights and to migrate the contents of the Database to the Assignee, and the Assignee agrees to accept that assignment and to assist and co‑operate with...

£ [ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes 20[ insert year ] [ insert name of issuer ] Dated [ insert day and month ] 20[ insert year ] Parties [ Insert name of issuing company ], incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] (the Issuer) Background The Issuer has determined to create up to a maximum nominal amount of £[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes, to be constituted as set out in this document...

£[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes 20[ insert year ] [ insert name of issuer ] This Instrument bears the date [ insert day and month ] 20[ insert year ]. Parties [ Insert name of issuing company ], incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] (Issuer) background The Issuer has determined to establish up to a maximum nominal amount of £[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes, which shall be constituted in accordance with the provisions set out in this document...

This Q&A raises the issue of the extent to which a person who takes an assignment of the reversion to a residential lease is able to recover rent which fell due before the date upon which it takes effect Upon serving the tenant with notice of assignment of the reversion, the assignee’s rights depend on when the residential lease was granted: Leases granted before 1 January 1996: under section 141 of the Law of Property Act 1925, the assignee is entitled to rent falling due in the future. In addition, as established in Re King, the assignee may pursue arrears that accrued before the assignment, and once the transfer takes effect, the outgoing landlord’s ability to recover those sums is lost. Leases granted on or after 1 January 1996: the Landlord and Tenant (Covenants) Act 1995 applies. By virtue of LT(C)A 1995, section 3(3)(b), an assignee of the reversion is entitled to rent which becomes payable after the assignment takes effect. In...

Section 2 of the Landlord and Tenant Act 1987 (LTA 1987) Section 2 of the Landlord and Tenant Act 1987 (LTA 1987) states that a person is the landlord if they are (a) the direct landlord of the qualifying tenants of flats in the premises, or (b) where any such tenant is a statutory tenant, the person who, but for that statutory tenancy, would have the right to possession of the flat. Consequently, the relevant landlord is usually the immediate landlord of the qualifying tenants, so a transfer of a superior interest is generally outside scope. Intermediate headleases are often used to avoid the regime. However, s 2(2) LTA 1987 provides that where the immediate landlord is also a tenant of the premises under a tenancy that is either: a term under seven years, or a term exceeding seven years, but capable of termination within the first seven years at the superior landlord’s option, the superior landlord is also treated as the...

What is the waste duty of care? Under section 34(1) of the Environmental Protection Act 1990 (EPA 1990), businesses are required to handle controlled waste safely and dispose of it lawfully. This obligation is called the waste duty of care. Controlled waste covers household, industrial and commercial waste, and anything of that kind. In brief, the duty means waste holders must: ensure their waste goes to a suitably permitted facility ensure anyone managing their waste complies with permit conditions prevent the escape of waste transfer waste only to a registered carrier or authorised permit holder provide a written description of the waste when it is transferred Failure to meet these duties is an offence under EPA 1990, s 34(6), and is punishable: on summary conviction, by a fine not exceeding the statutory maximum on conviction on indictment, by a fine Who does the waste duty of care apply to?...