Legal Precedents

ARCHIVED: This precedent has been archived and is unmaintained...

Date [ insert date ] Parties [ insert name of First Owner ], of [ insert address ], [ incorporated in [ England and Wales ] with company registration number [ insert company registration number ] ] (the First Owner) [ insert name of Second Owner ], of [ insert address ], [ incorporated in [ England and Wales ] with company registration number [ insert company registration number ] ] (the Second Owner) [ insert name of Mortgagee ], of [ insert address ], [ incorporated in [ England and Wales ] with company registration number [ insert company registration ......

Introduction Where a landlord contests a request for a new tenancy under the Landlord and Tenant Act 1954 ( LTA 1954), the application must be brought using Form N1. These drafting notes are provided to accompany, and are intended for use solely with, Form N1, which is the required claim form in such circumstances. Other precedents For other relevant precedents, see: Directions—opposed LTA 1954 business lease renewal Landlord’s defence opposing tenant’s claim for a lease renewal General points These notes are designed to assist with completing Form N1 where a tenant of business premises seeks a renewal under the LTA 1954 and the landlord is opposing that renewal. Opposed lease renewal proceedings are brought under the Part 7 procedure, and evidence is filed in accordance with the court’s directions, with the landlord serving their evidence first. A claim can be issued at any County Court hearing...

To: [ insert Building Owner ] Of: [ insert Building Owner’s main address ] Being the Adjoining [ Owner OR Owners ] for the purposes of the Party Wall etc Act 1996 (the ‘ Act’) in respect of [ insert Adjoining Owner’s building ], and noting receipt of a notice dated [ insert date ] concerning proposed works at [ insert Building Owner’s building ], and without prejudice to any of [ my OR our ] rights under the Act, [ I OR we ]......

The Party Wall etc Act 1996 Notice of proposed works— Line of Junction Notice To [ insert Adjoining Owner ], [ insert Adjoining Owner’s main address ] [ Insert Date ] As owner(s) of [ insert Building Owner’s building ] adjoining your property at [ insert Adjoining Owner’s building ], [ insert Building Owner ] of [ insert Building Owner’s main address ] gives notice that, under section 1 of the Act, we plan to build on the line of junction of our properties. The wall will be wholly on our land to the boundary, with footings and foundations under your land as allowed by section 1(6). The proposed works are: [ insert description of the wall ]. With your written consent under section 7(4), we propose laying special foundations beneath your land. Works will start on [ date of works ] [ or, with your written...

The Party Wall etc Act 1996 Acknowledgement of Notice To [ insert Building Owner ] Of [ insert Building Owner’s main address ] As the Adjoining Owner/s under the Party Wall etc Act 1996 (the Act) for [ insert Adjoining Owner’s building address ], and upon receipt of a notice dated [ insert date ] concerning the intended works at [ insert Building Owner’s building address ], and without prejudice to any of my/our rights under the Act, [ I OR We ] hereby consent to the works detailed in your notice as proposed, subject to the Act. [ [ I am OR We are ] [ content OR not content ] for you to begin work on the earlier date of [ insert date ] ] . Signed: [ insert signature ] Print name/s: [ insert printed name/s ] Date: [ insert date ]......

Conditions precedent satisfaction letter-lender to borrower This precedent conditions precedent satisfaction letter is designed for use by a lender under a bilateral facility, under which the lender must state in writing to the borrower when every documentary condition precedent to lending has been fulfilled, or alternatively, has been waived. In this conditions precedent satisfaction letter, the lender’s confirmation to the borrower regarding the documentary conditions precedent is grounded in a written confirmation supplied by the lender’s legal advisers, and that legal advisers’ confirmation should be included with the letter as an appendix. See Precedent: Ireland- Conditions precedent satisfaction letter: for a bilateral facility agreement-lender’s lawyer to lender. That approach represents the usual procedure. Addressee of letter The conditions precedent satisfaction letter assumes the lender is to confirm satisfaction of the documentary conditions precedent directly to the borrower. That is the standard position; however, it may differ where there is...

Introduction Where a business tenant seeks a tenancy renewal under the Landlord and Tenant Act 1954 ( LTA 1954) and the landlord does not contest the application, the correct vehicle is Form LT503( LN). These drafting notes accompany, and should be used solely with, Form LT503( LN). The form is available here: Form LT503( LN). It is for situations where renewal is unopposed by the landlord and should be used for that purpose only. Other precedents For relevant precedents, consult: Directions—unopposed LTA 1954 business lease renewal Acknowledgment of service by tenant in unopposed claim by landlord for new tenancy: Atkin’s Court Forms, Vol 24(2) [158] Acknowledgment of service by landlord in unopposed claim by tenant for new tenancy: Atkin’s Court Forms, Vol 24(2) [157] General points These notes are intended to help with completing Form LT503( LN), being the claim form used when a tenant of commercial premises seeks a renewal under the LTA...

To [ Insert name of Adjoining Owner ] at [ Adjoining Owner’s main address ] [ Insert Date ] The Party Wall etc Act 1996 Notice of proposed works—section 6 of the Party Wall etc Act 1996 As the proprietor(s) of [ Insert Building Owner’s building ], which adjoins your property at [ Insert Adjoining Owner’s building ], I/we, [ Insert Building Owner ] of [ Insert Building Owner’s main address ], hereby provide you with notice that, in line with our rights under [ section 6(1) of the Party Wall......

To [ insert name of building owner ] (‘ Building Owner’), [ insert Building Owner’s main address ] The Party Wall etc Act 1996 Acknowledgement of Notice As the adjoining owner/s under the Party Wall etc Act 1996 (the Act) for [ insert address of adjoining owner’s building ], and having received notice dated [ insert date ] about works at [ insert address of Building Owner’s building ], and without prejudice to any of [ my OR our ] rights under the Act, [ I am OR We are ] not content for the works in your notice to proceed as proposed. [ My OR Our ] objections: [ insert objections ] Now in dispute under the Act: [ I OR we ] agree to [ insert agreed surveyor’s name and contact details ] as agreed surveyor. [ I OR we ] reject your...

The Party Wall etc Act 1996 Acknowledgement of Notice To [ insert name of building owner ] (‘ Building Owner’) At [ insert Building Owner’s primary address ] As the adjoining owner[s] under the Party Wall etc Act 1996 (the Act) of [ insert adjoining owner’s building address ] and having been given notice dated [ insert......

Your Ref: Our Ref: Date: From: [ insert name of landlord’s/tenant’s solicitor ] of [ insert address ] To: [ insert name of landlord’s/tenant’s solicitor ] of [ insert address ] Dear [ insert organisation name ] [ Insert premises description ] (the Premises) We refer to the arrangement [ insert details of previous agreement, eg by way of letter dated, etc ] which extended the period for bringing a court application regarding the Premises under section 24(1) or section 29(2) of the Landlord and Tenant Act 1954 ( LTA 1954). That extension will end on [ insert date ]. Our client asks that this time limit be prolonged further under LTA 1954, s 29B(2), to expire on [ insert date ]. [ The reason for seeking this further extension is ] [ insert reasons ]. Please sign and return the enclosed counterpart of this letter to confirm your client’s...

Your Ref: Our Ref: Date: From: [ Enter the landlord’s/tenant’s solicitor’s name ] at [ insert address ] To: [ Provide landlord’s/tenant’s solicitor’s name ] at [ insert address ] Dear [ add organisation name ] [ Provide the premises description ] (the Premises) We are engaged by......

The Party Wall etc Act 1996 Acknowledgement of Notice To [ insert name of building owner ] (‘ Building Owner’), of [ insert Building Owner’s main address ]. As adjoining owner[s] under Party Wall etc Act 1996 (‘the Act’) at [ insert address of adjoining owner’s building ], on receiving notice dated [ insert date ] of proposed works at [ insert address of Building Owner’s building ], without prejudice to my/our rights under the Act, I am/ We are: Delete as appropriate [ If special foundations: ] [ Content/ Not content for you to place special foundations on my/our land. ] [ If starting before 1 month ends: ] [ Content/ Not content for you to start on the earlier date of [ insert date ]. ] If a dispute arises under the Act: I/we agree to appoint [ insert agreed surveyor’s name and contact details ] as agreed...

[ ON THE CLAIMANT’ S SOLICITORS’ LETTERHEAD ] Our reference: [ insert your file reference for this matter ] FAO [ Insert name of the debtor’s solicitors ] [ Address line 1 ] [ Address line 2 ] [ Postcode ] [ Date ] Dear [ insert name ] [ Insert creditor’s name ] AND [ Insert debtor’s name ] LETTER OF CLAIM [ Further to our correspondence dated [ insert date of previous correspondence, if any ] ]. [ As you will be aware, we OR We ] represent [ insert client’s full name ], whose address is [ insert full address ]. This is our client’s letter of claim, issued in compliance with the Practice Direction Pre- Action Conduct and Protocols under the Civil Procedure Rules (the ‘ Practice Direction’), and for convenience a copy is enclosed. Please note the final...

[ TO APPEAR ON THE CLAIMANT’ S SOLICITORS’ LETTERHEAD ] Our ref: [ insert your file reference for this matter ] FAO [ insert name of addressee ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] RE [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] LETTER OF CLAIM [ We refer back to our letter dated [ insert date of previous correspondence, if any ] ]. [ As you will be aware, we OR We ] act for [ insert client’s full name ], whose postal address is [ insert full address ]. This document is our client’s letter of claim, issued in accordance with the Practice Direction Pre- Action Conduct and Protocols of the Civil Procedure Rules (the ‘ Practice Direction’), a copy of which is enclosed for your...

TOWN AND COUNTRY PLANNING ACT 1990 THE EXTINGUISHMENT OF VEHICULAR RIGHTS ON HIGHWAY [ insert highway description and number ] ORDER [ insert number ] Acting pursuant to section 249 of the Town and Country Planning Act 1990 (‘the Act’), the Council of the London Borough of [ insert name of borough ] ( The Council) hereby issues this order......

Company number : [ insert company number ] [ insert company name ] [ LIMITED OR PLC ] Minutes of a session of the board of directors (the Meeting) of [ insert company name ] [ Limited OR PLC ] (the Company) Held at the [ insert place of meeting ] Held on the [ insert day, month and year of meeting ] at [ insert time of meeting ] [ am OR pm ] Present: [ insert name of director to be the chair ] ( Chair ) [ insert names of directors who are physically present ] [ [ insert names of any directors present by telephone as permitted by the Company’s articles of association ] (by telephone) ] [ [ insert names of any directors present by other means permitted by the Company’s articles of association ] (by [ insert other means ] ] In...

[ insert name and address of addressee ] [ insert date ] Dear [ insert name ] We confirm our readiness to pursue mediation and any other form of ADR to prevent this matter from requiring a determination by the courts. Accordingly, we hereby refer you to the Practice Direction Pre- Action Conduct and Protocols. In particular, both parties are expected to participate in ADR in a constructive manner and to kindly respond to any invitation to take part......

PRIVATE & CONFIDENTIAL [ insert name and address of surveyor ] [ insert date ] Dear [ insert name of surveyor ] [ insert case heading ] INSTRUCTIONS TO ACT AS RIGHTS OF LIGHT SURVEYOR CONFIDENTIAL AND LEGALLY PRIVILEGED LETTER OF INSTRUCTIONS/ TERMS OF ENGAGEMENT I represent [ name of client ] in relation to the property identified as [ property description ] (the Property), of which my client holds the leasehold/freehold [ delete as applicable ] ownership, with the title recorded at HM Land Registry under title number [ insert title number ]. I write to confirm my client’s instructions for you to prepare a report (the Report), together with any follow-up reports and/or advice requested, and, if appropriate in due course, to act as an expert in any court proceedings, all in relation to rights of light matters at the Property arising from the proposed...