Superior meaning

This Checklist is illustrative rather than comprehensive and will not anticipate every scenario in every deal. It sets out the principal actions and issues to review when representing a landlord in relation to a tenant’s request for a licence to assign. It proceeds on the basis that the tenant holds a rack rent lease of commercial premises. Undertaking for costs If the lease or the Heads of Terms place the landlord’s consideration costs on the tenant, seek an undertaking from the tenant’s solicitors covering the landlord’s legal and surveyor fees (plus VAT and disbursements), regardless of whether the assignment proceeds and irrespective of whether consent is given. Ensure your estimate is adequate, or expressly retain the right to uplift the sum if the case becomes unusually complex or drawn out. Assess whether the undertaking should also include any superior landlord’s charges, where relevant. Does the lease permit assignment? Review the lease’s alienation clauses to confirm whether assignment is allowed and, if so, the conditions attached. Where...

This Checklist, although not exhaustive, sets out the key steps and issues to consider when acting for a landlord in relation to a tenant’s application for a licence to underlet the demised premises. Does the lease permit underletting? First, review the relevant provisions in the lease to confirm whether the tenant may underlet the demised premises and, if permitted, the conditions and terms that would apply. Where there is an absolute covenant against underletting (ie a total ban), the landlord is under no duty to consent or to entertain the application, although they might choose to accommodate the tenant’s request. Take instructions on that basis; ensure the landlord understands that consenting to an otherwise prohibited act could breach obligations in other leases requiring enforcement of the covenant, and proceed as advised as necessary. If instead the lease has a qualified covenant (ie no underletting without the landlord’s consent), the landlord must handle the application as the lease stipulates and in line with section 1 of...

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...

During any due diligence for acquiring a lease that is itself an underlease, a purchaser ought to carefully evaluate: whether the superior lease could be forfeited or ended on the operation of a break clause—this may negatively affect the leasehold’s value and the prospects of disposal or funding as well as the ability to sell on or secure finance against it whether the covenants in the superior lease and the underlease align—the purchaser might assume far more burdensome duties because of a requirement to observe strictly in practice the superior lease covenants under the underlease whether the grant of the underlease has, in substance, operated as an assignment of the superior lease In this Checklist, references to the underlease mean simply the lease being acquired, and references to the superior lease mean the lease from which the underlease was granted. Is there any obligation to comply with superior lease covenants?...

Putney Power Ltd and another v Revenue and Customs Commissioners [2026] UKUT 105 (TCC) What are the practical implications of the case? This ruling confirms there is no definitive legal ‘test’ for pinpointing when a trade starts for EIS relief. The question set by statute is when a given taxpayer began carrying on its own trade, answered through a multi-factorial enquiry into the particular facts before the court, applying the legislation’s ordinary language. The judgment clarifies the proper approach whenever a statute calls for a multi-factorial assessment, with ramifications that extend far beyond the EIS sphere. It underscores that the enquiry is fact-sensitive, turns on the totality of the circumstances, and is steered by the legislation’s words, not any rigid checklist or bright-line rule. In undertaking such an exercise, the FTT may take account of relevant factors noted in earlier cases, but those points must not be treated as glosses on the statutory wording in issue. Further, when weighing the facts, the FTT should distinguish between decisions of...

The legend of Thermopylae, retold across films, books and podcasts, and still taught in history lessons worldwide, spotlights the feat of 300 Spartan fighters, who managed to resist thousands of Persians by sealing a narrow pass the invading army had to traverse. In arbitration, even when you act for a sophisticated business or a high net worth individual, your opponent may at times command a larger war chest. Just as the Spartans used terrain to their benefit, there are measures available both before and after proceedings begin to neutralise pressure or delay that a well-financed adversary might seek to engineer in the arbitration. This article distils strategies and procedures that anyone anticipating a dispute with a better-resourced party should bear in mind. Crafting the Arbitration Clause If the arbitration provision has yet to be drafted, the first way to counter superior resources is to frame an arbitration clause that compels a swift resolution of the dispute. Like the famously tight corridor at Thermopylae, an arbitration clause that...

The LTAF is aimed at the UK institutional and wealth markets This enables the Aegon subsidiary to provide clients with exposure to private credit spanning a broad range of asset types. The scope includes corporate lending, fund financing, insured credit, renewables, and asset-backed finance. Jill Johnston, Head of Institutional Business at Aegon Asset Management, said in a statement that this asset class could potentially offer superior returns relative to public markets while also further enhancing diversification...

Practice Note The tax outcome for the owner hinges on whether a property is bought, retained or sold as an investment or as part of a trading (ie dealing) venture. Land, more than many other asset classes, can be kept as an investment or treated as trading stock, and the correct classification turns on each party’s particular position—the identical deal may amount to investment for one participant and trading for someone else. This Practice Note sets out the main factors used to differentiate trading from investment activity in relation to property. Those factors apply equally to transactions yielding gains and those producing losses. It also explains HMRC’s stance when opening enquiries into whether a property deal is trading or an investment in nature. It further addresses particular situations, such as mixed-motive transactions, taxpayers both dealing and investing, and tenants transacting in superior interests in land...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Note: Brazil judgments below are not reported by LexisNexis®. What constitutes a foreign arbitral award in Brazil? The Brazilian Arbitration Act (Federal Law No. 9,307/96, (BAA)) identifies two categories of arbitral awards: domestic and foreign. Foreign awards are those issued outside Brazil (BAA, art 34, para 1) and must undergo recognition before they can be enforced locally. Domestic awards are those delivered within Brazil and are enforceable as a domestic judgment without any need for court confirmation. Accordingly, for the recognition and enforcement of foreign awards, the arbitral seat is pivotal in determining where the award is rendered and whether prior confirmation is required in Brazil. How to enforce a foreign arbitral award in Brazil To enforce a foreign arbitral award in Brazil, it must first be submitted for recognition before the Brazilian Superior Court of Justice (Superior Tribunal de Justiça, (STJ)). The governing rules and conditions for recognition are set out in articles 963 and 964 of the Brazilian Code of Civil Procedure (BCCP), articles...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 was granted Royal Assent on 27 October 2025. For advice on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Use this schedule to gather information on occupiers, occupation status, critical dates, notices to be issued, and principal points when planning a vacant possession strategy for a redevelopment. This Precedent is supplied in Excel format and can also be accessed via the link on this page. Note that the schedule has been created in Excel and therefore it cannot be downloaded into Word. Vacant Possession strategy—drafting notes If the development contains more than one freehold or superior leasehold interest, you may insert extra headings to divide the schedule into further sections where appropriate. Colour code: Sample colour coding has been applied to the first few rows as an example. Landlord: The named landlord should cover both: the direct landlord the...

Reasons for believing employee may not have had equality of terms I contend my terms are not on a par with my comparators. I hold the role of [ insert claimant’s job ] yet am paid less than comparators who are [ insert comparator’s job ]. At my workplace, other [ insert claimant’s job ] are almost entirely [ female OR male ]. The comparators, being [ insert comparators’ job ], are wholly [ male OR female ]. They are awarded productivity bonuses that are not given to [ insert claimant’s job ]. Alternatively, I serve as [ insert claimant’s job ]; my immediate predecessor was [ male OR female ], and I understand [ he OR she OR they ] received a superior remuneration package to mine, including bonuses. Comparators Provide the names or job titles of the selected comparators. Other questions Include any additional questions. Entitlement to claim Do you acknowledge that I am an [ employee OR public...

LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993, SECTION 11(3) TENANT’S NOTICE REQUIRING INFORMATION FROM FREEHOLDER To: [freeholder’s name and address]; From: [qualifying tenant’s name and address] (Tenant); Re: [building address] Building – the building containing the Flat, known as [building address]; Flat – Flat [flat address]; Qualifying Tenant – a tenant who is a “qualifying tenant of a flat” for Part I of the 1993 Act; Relevant Premises – [the Building OR the part of the Building you own freehold]. (A) This Notice concerns a proposed collective enfranchisement under Chapter I of the 1993 Act. (B) The Tenant is a qualifying tenant. You must, so far as known to you, give the Tenant the name and address of every person (other than the Tenant) who is: a tenant of the whole of the Relevant Premises; or a tenant or licensee of any separate premises there; or a tenant...

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...

Where a long residential lease is extended under section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) and the freehold is subject to a Form N restriction in respect of a charge to the freeholder’s lenders, will the HM Land Registry require lender consent to be submitted in order for the lease extension to be registered notwithstanding that the lease extension is pursuant to statute? A restriction entered on the register indicates that the proprietor’s power to deal with the land is constrained in some manner. Its practical effect is either to bar registration of a disposition, or to oblige the applicant to satisfy specified requirements before registration can proceed, for example by producing evidence of consent from the person entitled to the benefit of the restriction. A restriction may apply to every disposition, or be confined to a defined class of disposition. It can prevent any entry from being made permanently, for a stated period, or until a stated...

Request under section 21 of the Landlord and Tenant Act 1985 (LTA 1985) The section 21 request under the Landlord and Tenant Act 1985 (LTA 1985) seeks a summary of 'costs incurred'. These are the 'relevant costs' tied to service charges that are payable, or have been demanded as payable, by the leaseholders of a dwelling. 'Relevant costs' means actual or estimated expenditure incurred, or to be incurred, by or on behalf of the landlord or any superior landlord in relation to matters for which a service charge is payable – LTA 1985, s 18. Such relevant costs may fall within the period for which the service charge is due, or within an earlier or later period, and may encompass overheads. Where service charge accounts are compiled on a 12-month accounting basis, any written summary can refer only to those accounts that were 'made up' in the last of those yearly periods before the date of the request...