Reinstatement meaning

Checklist—acting for a tenant seeking landlord’s consent to carry out works This checklist, though not comprehensive, sets out principal actions and considerations when representing a tenant of commercial premises seeking the landlord’s consent to undertake works within its demised premises. For key steps and issues when advising a landlord that has received a tenant’s application for a licence to carry out works, see Licence for alterations—acting for landlord—checklist. For a transaction guide, see Practice Note: A practical guide to dealing with licences for alterations. This checklist does not address the additional matters relevant to alterations to an existing higher-risk building (eg, subject to certain exclusions, a building exceeding 18 metres or seven storeys in height and of a description prescribed in regulations—broadly (i) hospitals, (ii) care homes, or (iii) buildings with at least two residential dwellings (in England), or one residential dwelling (in Wales)—so a mixed use building may fall within the higher-risk buildings regime). For guidance, see Practice Notes: Building Safety Act 2022—design and construction requirements of the...

Checklist This checklist, although not comprehensive, sets out the principal actions and considerations when advising a landlord of commercial property on a tenant’s request for a licence to undertake works within the demised unit. For the equivalent points when representing a tenant seeking consent for works, refer to: Licence for alterations—acting for tenant—checklist. For a transaction overview, see Practice Note: A practical guide to dealing with licences for alterations. This checklist does not address the additional matters that arise for alterations to an existing higher-risk building (eg subject to certain exclusions, a building over 18 metres or seven storeys and of a description specified in regulations—broadly (i) hospitals, (ii) care homes, or (iii) buildings that have at least two residential dwellings in England, or one residential dwelling in Wales—hence a mixed use building could fall within the higher-risk buildings regime). For guidance, see Practice Notes: Building Safety Act 2022—design and construction requirements of the higher-risk building regime and Building Safety Act 2022—key issues for property practitioners...

This checklist highlights the key points to weigh up when preparing an ET1 claim or an ET3 reply. It addresses jurisdictional matters, such as the claimant’s right to pursue unfair dismissal and whether the claim was filed within time. It considers the reason for dismissal and ill-health capability, including sporadic absences, long-term absence and diminished performance. It also assesses the substantive and procedural fairness of the dismissal. Finally, it identifies remedy issues to think about, eg reinstatement, re-engagement and compensation. Both parties Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal-Eligibility and Employee status Does the Claimant have the necessary qualifying service? See Practice Note: Qualifying period for unfair dismissal Has the Claimant met the early conciliation requirement, or does an exemption apply? See Practice Note: The early conciliation requirement Was the claim submitted within three months, or within the extended period where early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement-Extension to...

Original news Watt v Dignan and others [2017] EWCA Civ 1390 The central question was whether the Dignans held enforceable easements to use the toilet facilities within unit 27 on an industrial estate. Unit 27 belonged to Mr Watt. It was accepted that these rights had been granted to the Dignans’ predecessors in title, as owners of units 26A and 29, by two conveyances dated 27 September 1985 and 16 April 1987. The further issue was whether they were now prevented by estoppel from asserting those rights. The Recorder at first instance found that they were not, and Mr Watt appealed to the Court of Appeal. What are the practical implications of this case? Although the decision is fact specific, it offers helpful reminders for Property Disputes practitioners about the lines of argument advanced, the fall-out where a case different from that pleaded is pursued, and the consequences where, in any event, the evidence is too thin to sustain that position. What were the facts of...

Haytop Country Park Ltd v Amber Valley Borough Council [2025] EWCA Civ 1442 What are the practical implications of this case? The ruling underlines that site licensing is to be undertaken on the basis that it dovetails with the planning system. Licence conditions cannot expand, override, or undermine the limits of extant planning permissions, nor the results of planning enforcement; together, these create the ‘planning baseline’ which the licensing authority is both entitled and obliged to factor in. Where an enforcement notice has conclusively found that operational works (for example, hardstandings or terraces) are unlawful and must be taken up, a site licence ought not to sanction plots reliant upon, or effectively reinstating, those works. An operator wishing to move away from the planning baseline must pursue a new application under the Town and Country Planning Act 1990 (TCPA 1990), rather than seeking to rely on licence conditions. Class B rights under the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 only arise where...

On 17 April 2024, JCT released the 2024 versions of its Design and Build (DB) Contract and the Design and Build Sub-Contract (DBSub), together with the accompanying guides. The JCT Design and Build forms are aimed at projects where the contractor is responsible for completing the design as well as delivering the works. The JCT DB Sub-Contracts are intended for use where the main agreement is the JCT DB, and may apply either when the sub-contract package is fully designed or when the sub-contractor must design part or all of the works. In this piece, we explore some of the principal updates in the 2024 JCT DB documents compared with the 2016 suite, concentrating on JCT DB 2024 (ie the main contract). Reference copies of JCT DB 2024 and JCT DBSub 2024, and their companion guides, can be found on Lexis+ Construction under the sub-topic ‘JCT contracts 2024’ within the main topic ‘Standard form construction contracts’. They are also available via Practice Note: JCT contracts 2024—reference copies. What are...

Practice Note overview This Practice Note sets out the key concepts and common hazards involved in the reinstatement of tenants’ alterations. The topic is often contentious: landlords may inherit premises in an unlettable condition, and tenants can be required to carry out reinstatement works—potentially lasting months—right at the eleventh hour... Scope exclusions Reinstatement following damage by an insured (or uninsured) risk—see instead Practice Notes: Negotiation guide—insurance clauses—commercial leases and Insurance issues for tenants Dilapidations in relation to disrepair—see instead: Dilapidations—overview No reinstatement obligation Where there is no obligation to reinstate the demised premises, any lawful alteration becomes part of the premises and the tenant cannot be compelled to reverse it. The tenant must yield up the premises with those alterations, although it may remove any tenant’s fixtures up to the very last moment of the term—see Practice Note: Fixtures and fittings. In Peel Land and Property v TS Sheerness Steel, the Court of Appeal confirmed that, while a tenant is,...

Practice Note This Practice Note consolidates our content on the amendments as introduced in the 2024 editions of the Joint Contracts Tribunal (JCT) standard form construction contracts...

This Practice Note looks at the insurance provisions in the main forms of JCT contract. It examines the Contractor’s liabilities and insurance obligations under the JCT Design and Build Contract (DB) 2024 and the JCT Standard Building Contract (SBC) 2024. Where clause numbering differs between the two forms, this Practice Note draws attention to it; otherwise, clause references apply to both DB and SBC. The 2024 and 2016 editions made adjustments to the insurance provisions compared with the 2011 editions, including updates to professional indemnity insurance in the 2024 version and, in 2016, relocating much of the text from Schedule 3 into the main conditions and introducing the C.1 Replacement Schedule, see Practice Note: JCT contracts 2016—what's changed? [Archived] and News Analysis: The JCT Design and Build Contract 2024—what’s changed? For how insurance and risks are addressed in the NEC3/NEC4 Engineering and Construction Contract, see Practice Note: NEC contracts—insurance. For FIDIC contracts, see Practice Notes: FIDIC contracts 2017—insurance and FIDIC contracts (pre-2017 editions)—insurance. This Practice Note considers the JCT...

[ insert name and address of client ] Private and confidential Dear [ insert name ] Military reservists Following your recent engagement of [ [ insert name ], who I understand is ] a member of the reserve forces, I am writing, as requested, to outline the respective rights, duties and responsibilities of both the Company and the reservist. I also attach the following documents, which you may find helpful: a sample Mobilisation letter to provide to the reservist if and when they are called up for military service, which outlines the employment arrangements that will apply before and during their period of mobilisation, and immediately upon their return; a Manager’s Checklist detailing action points for the Company; and a Reservist’s Checklist detailing action points for the reservist...

[ To be typed on headed notepaper ] [ insert date ] Dear [ insert name ] Re: Your mobilisation with the Reserve Forces: employment arrangements We have received a copy of the call-out notice from the Ministry of Defence (MOD) confirming the date of your mobilisation for service with the Reserve Forces ([ insert date ]) and the expected duration ([ insert number ] months). All timings are as set out in the MOD notice. I can confirm we will not be seeking a deferment or cancellation of your mobilisation, nor an exemption from your call-out liability. That said, please inform us if you choose to submit such an application yourself. Below we outline the employment arrangements that will apply before and throughout your whole-time service with the Reserve Forces, covering mobilisation, demobilisation and post-operational leave, and what will follow afterwards. This summary explains what applies immediately before duty starts, during service, and afterwards. I also encourage you to read thoroughly the call-out...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Landlord ) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Tenant ) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Guarantor ) ] [ name of Undertenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Undertenant ) [ [ name of Undertenant’s Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Undertenant’s Guarantor ) ] 1 Definitions...

See Practice Note: Negotiation guide—insurance clauses—commercial leases In Beacon Carpets v Kirby, the landlord had a duty to insure, yet could not secure planning consent needed for the reinstatement of the premises...

The answer on the contractual provisions in the tenancy agreement. On the face of it, the tenant must secure consent before commencing any works. Where that applies, the tenant cannot compel the landlord to grant consent after the fact for alterations, save where the landlord chooses to agree. Should the landlord decide to issue consent retrospectively for any alterations, the landlord will set out the conditions and requirements on which such consent is given. These may include timing, scope, reinstatement, and any associated costs...

This Q&A relates to whether the landlord can serve a schedule of dilapidations in respect of partitioning. It considers if the presence of partitioning permits the landlord to issue a schedule of dilapidations. It also addresses whether the existence of partitions could adversely affect the tenant’s ability to determine the lease by exercising a break; that latter point is not dealt with in this reply. For the purposes of this Q&A, it is assumed that the tenant, with the landlord’s authorisation, installed the partitions during the term of the earlier lease (the Original Lease), and that, when negotiating the new contracted out lease (the Current Lease), the partitions were not raised. In evaluating the tenant’s responsibilities to remove the partitions, this answer is necessarily constrained without sight of the leases and any relevant licences granted in connection with the works. The appropriate starting point is to review the repairing, reinstatement and yielding up obligations contained in both the Current Lease and the Original Lease to ascertain what duties rest...