Statutory demand meaning

This Checklist sets out the trigger points and timescales for serving a landlord’s certificate and a former landlord’s certificate under the Building Safety Act 2022 (BSA 2022), together with the consequences of failing to meet the relevant statutory duties. For full guidance, see Practice Notes: Building Safety Act 2022—landlord’s certificate Building Safety Act 2022—landlord and tenant issues In England, the prescribed requirements for landlord’s certificates are contained in the Building Safety (Leaseholder Protections) (England) Regulations 2022, SI 2022/711, regs 1 and 6, as amended from 5 August 2023 by the Building Safety (Leaseholder Protections etc) (England) (Amendment) Regulations 2023, SI 2023/895, regs 10, 11 and 13. All references to SI 2022/711 are, accordingly, to those regulations as amended. Trigger events and timing Has the current landlord (as described in SI 2022/711, reg 1(3) as the ‘person who is the landlord under a lease of premises in a relevant building’) implemented a process to ensure a landlord’s certificate is supplied...

Checklist and timeline A straightforward checklist and timeline sets out each stage from the point a debt becomes due right through to a bankruptcy petition being presented. It is relevant to personal insolvency where a statutory demand has been served on the debtor. For further reading on statutory demands, please refer to: Statutory demands for restructuring and insolvency professionals—overview Practice Note: What is a statutory demand?...

Step/action Time (days) Section/rule 1. Draft the statutory demand. Depending on the type of debt asserted, consult: (Form SD2) r 10.1 Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately (Formerly form 6.1) (Form SD3) r 10.1 Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt Payable at Future Date (Formerly form 6.3) (Form SD4) r 10.1 Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court (Formerly form 6.2) Day 1 Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 10.1; Section 268 of Insolvency Act 1986 (IA 1986) 2. Arrange and complete service of the statutory demand on the debtor. Service should ordinarily be personal unless circumstances are exceptional. Day 2–10 IA 1986, s 268; IR 2016, SI 2016/1024, r 10.2; PDIP, para 12.7 3....

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Sriram (acting by her litigation friend, the Official Solicitor) v Revenue and Customs Commissioners and another [2024] EWHC 853 (Ch), [2024] All ER (D) 86 (Apr) What are the practical implications of this case? Creditors should act with care to ensure that service of a statutory demand (and bankruptcy petition) is properly effected, particularly where a debtor seeks to avoid service and has several addresses. Attempts to serve ought to be clearly and contemporaneously recorded. Creditors are required to take all reasonable measures to bring the document or documents to the debtor’s attention. However, this does not oblige them to attend or write to every address associated with the debtor that they know about. The addresses that must be tried will depend on the circumstances of the individual case. A wide, scattergun strategy to service is not expected. By way of example, if a debtor holds multiple properties and there is no reply to a visit or correspondence at one property, that location may not amount to a ‘known’...

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What is a service charge? A service charge is a sum a tenant may have to pay to a landlord under a commercial lease to reimburse the landlord for services they provide in connection with the common parts and for the upkeep of the property. Commonly, this applies where multiple tenants occupy one property, for example a shopping centre, and the landlord looks after the communal parts of the building for everyone’s benefit. In most contemporary leases the tenant pays the service charge on account, before the landlord incurs the expenditure, calculated from an estimate of the next year’s costs. At the close of the accounting period a reconciliation is prepared and any shortfall or surplus is settled by or to the tenant. Sometimes, earlier forms of lease stipulate that the landlord must meet the outlay first. For more detail on service charges ordinarily charged to tenants of multi-occupied buildings by commercial landlords in Scotland, see Practice Note: Service charge and outgoing provisions in commercial leases in Scotland. ...

Rules and guidance The principal rules on publishing and laying a company’s annual accounts and reports appear in Part 15 of the Companies Act 2006 (CA 2006). For these purposes, a company’s annual accounts and reports comprise: the annual accounts the directors' report the strategic report (unless the company is not obliged to prepare one) the directors' remuneration report, which may include a directors’ remuneration policy, and any separate corporate governance statement not included in the directors' report (for a quoted company) the auditor’s report on the accounts, the directors’ report, the strategic report, the auditable part of any directors’ remuneration report and any separate corporate governance statement (unless the company qualifies for audit exemption) Certain statutory requirements governing publication and laying differ according to whether the company is public or private, and whether it is quoted or unquoted. Quoted companies cover UK companies with shares listed in the UK or in another EEA state; AIM companies do...

There is some overlap between the doctrine of res judicata and the Henderson abuse principle, discussed below. Note too that these concepts intersect with the procedural basis for striking out a claim as an abuse of the court’s process under CPR 3.4(2)(b); see below and Practice Note: Strike out for abuse of process (civil) (CPR 3.4(2)(b))—Abuse of process by second proceedings. What is res judicata? A res judicata is a determination made by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of the matter decided so that those bound by the judgment cannot re-litigate it, save on appeal. Those bound by the ruling remain so unless and until altered on appeal. For further guidance on the purpose of, and when you can establish, a res judicata, see Practice Notes: The doctrine of res judicata Key requirements to establish a res judicata What is Henderson abuse? In a legal context,...

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General This Precedent, with its drafting notes, is intended for use where your client is seeking payment of a straightforward contractual debt sum and interest in respect of a debt claim. A debt arises where party A (the debtor) is under a contractual obligation to pay an agreed sum of money to party B (the creditor). A familiar illustration is a simple contractual debt under a sale of goods contract, for instance where the debtor agrees to pay the creditor €50 upon delivery of goods on a particular date. Once delivery takes place in accordance with the agreement, that €50 becomes due, and that amount is a debt payable by the debtor to the creditor. Depending on the court before which the matter may proceed, you may need to refer to additional provisions and may wish to adapt this Precedent accordingly, as appropriate. See: Ireland—Starting and responding to an action—overview Practice Note: Ireland—Commercial Court—Rules and Procedures You may additionally wish to...

This summary, which briefly outlines your rights and duties regarding variable service charges, is legally required to be sent together with any demand for service charges. If a demand reaches you without the summary, you are entitled to lawfully withhold the service charge. This summary is not a comprehensive explanation of the law and, if you are uncertain about your rights and duties, you should obtain further independent advice. Your lease specifies that, in addition to your rent, you must also pay service charges to your landlord. Service charges are sums due for services, repairs, maintenance, improvements, insurance, or the landlord’s management costs, but only in cases where the expenditure has been reasonably incurred. You may apply to the First-tier Tribunal to decide whether or not you are responsible for paying service charges for services, repairs, maintenance, improvements, insurance or management. You may make an application before or after you have paid the service charge...