Legal Q&A

Section 28 of the Matrimonial Causes Act 1973 ( MCA 1973) Pursuant to section 28 of the Matrimonial Causes Act 1973 ( MCA 1973), a periodical payments order terminates automatically if the recipient remarries. If, for any reason, this does not occur, an application can be brought to recover the sums paid. See Practice Note: Impact of remarriage, subsequent civil partnership, or cohabitation......

The Agricultural Tenancies Act 1995 ( ATA 1995) The Agricultural Tenancies Act 1995 ( ATA 1995) brought in Farm Business Tenancies, covering lettings of agricultural land or buildings used for a farm business. A letting made on or after 1 September 1995 qualifies where part of the demised land is farmed for the duration of the letting and either the parties have exchanged notices stating their intention that it will remain a Farm Business Tenancy throughout, or, if no notices were exchanged, the business undertaken is chiefly agricultural. Arrangements agreed before 1 September 1995 are instead governed by the Agricultural Holdings Act 1986 ( AHA 1986)......

An unincorporated charity lacks its own separate legal personality and, in practical and legal terms, does not exist as a distinct body that can enter contracts or own property. Consequently, any property is held and any legal dealings are undertaken solely through, and in the names of, its trustees. Under section 117 of the Charities Act 2011 ( CA 2011), ‘charity trustees’ are those who exercise overall control and manage the charity’s administration. Trustees of a charity ought to be recorded with the Charities Commission; however, this does not invariably happen, particularly in the case of smaller charities operating with a rotating board. The identity of the trustees will ordinarily be established by reference to the charity’s charitable articles......

At present, we know of no authority on this particular point...

Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 ( LRHUDA 1993) Under Chapter II of LRHUDA 1993, a qualifying tenant may secure a further lease of a flat by duly serving a notice on their landlord pursuant to LRHUDA 1993, s 42, with the term 'landlord' defined by LRHUDA 1993, s 40. Section 40 stipulates that, for a lease held by a qualifying tenant of a flat, the landlord is the person who owns the interest in the flat that stands in reversion on expiry of the tenant’s lease and which comprises either a freehold estate or a leasehold estate of sufficient length to enable that person to grant a new lease in accordance with LRHUDA 1993. Consequently, the party who is the immediate landlord may, in some circumstances, not be the 'landlord' for the purposes of LRHUDA 1993......

Trespasser or oral tenancy Given the circumstances and the length of time she has been there, it is improbable that the sister in law is occupying as either: a trespasser (albeit a tolerated one); or under a lease, since a lease may only be created orally where: the term does not exceed three years, it is not of an incorporeal hereditament, it takes effect in possession, and it is at the best rent reasonably obtainable without taking a fine. See the Law of Property Act 1925, ss 52 and 54, and our Q& A. A landlord let a property on an assured shorthold tenancy starting 4 May 2015 for a fixed term of six...

Disability discrimination Under section 6 of the Equality Act 2010 ( Eq A 2010) and Eq A 2010, Sch 1, Pt 1, a diagnosis of cancer is treated, without further proof, as a disability for Eq A 2010 purposes. See Practice Note: Disability. Attention must be given to the various forms of discrimination and other banned conduct contained in Eq A 2010, as set out within that legislation and provisions therein. See the part of Practice Note: Disability discrimination headed ‘ The basic types of discrimination and other prohibited conduct’, together with the fuller Practice Notes cited there and cross-referred within that section. For Eq A 2010 purposes, a ‘dismissal’ also covers situations where an employee’s employment ends (and is not immediately renewed on identical terms) because a particular period has run out, or a particular event has happened, or a...

For general guidance on demergers, see: Demergers—overview. You might wish to assess: whether the intended demerger constitutes (a) a business transfer or (b) a service provision change ( SPC) under the Transfer of Undertakings ( Protection of Employment Regulations) 2006 ( TUPE 2006), SI 2006/246 if so, the consequences of a relevant transfer under TUPE 2006, SI 2006/246 for employees of Company A (ie would the transfer result in those employees moving to Company B, which will depend on the nature of the transfer) if the employee cannot establish the sought-after right under TUPE 2006, SI 2006/246, whether they can contend that they are in fact (and were pre-transfer) employed by Company B, despite, for example, holding a contract of employment with Company A Is there a business transfer under TUPE 2006?......

Lease variations—surrender and re-grant issues Granting a lease establishes a legal arrangement over a defined parcel of land for a set period. As a rule, you cannot enlarge either the land covered by the lease or the duration of its term without first surrendering the existing lease and granting a replacement. Should the parties try to implement such a change, the law will treat their bargain as a surrender and re-grant, regardless of what they intended. In that event, the extra period becomes a fresh term commencing on the date of the surrender and re-grant. If the effect is not avoided (and there are methods), the fallout from a surrender and re-grant can be substantial for landlord or tenant; see Practice Note: Lease variations—surrender and re-grant issues......

This Q& A considers a landlord’s ability to deal with their premises following service of a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 ( LRHUDA 1993). Once a section 13 notice is served, a statutory process begins that enables flat tenants to act together to buy the freehold of their building. The rights created by that notice ought to be safeguarded by entering an agreed or unilateral notice on the freehold title, or, where the landlord’s title is unregistered, by registering a class C(iv) land charge......

Statutory minimum notice For an overview of the statutory entitlement to a minimum notice period under the Employment Rights Act 1996 ( ERA 1996), refer to Practice Note: Statutory minimum notice. The right to statutory notice in ERA 1996, s 86(1)–(2), prescribes the length of notice needed to end the employment contract of an individual who has been employed continuously for one month or more. For this context, a ‘contract of employment’ includes a contract of service or apprenticeship, whether expressly (orally or in writing) or implied......

A landlord has 30 days from receiving a rent deposit to satisfy, in full, the Tenancy Deposit Scheme ( TDS) initial duties and obligations. These require supplying the tenant—and any individual who pays the deposit for them (i.e. the ‘relevant person’)—with certain prescribed particulars, including information about the TDS, the deposit, and the assured shorthold tenancy ( AST) (see section 213(3)–(6) of the Housing Act 2004 ( HA 2004), as amended, and our Practice Note: Tenancy deposit schemes). Non-compliance may have potential consequences. This Q& A proceeds on the basis that the tenancy is in England, and that the rent deposit itself has been properly handled in line with the TDS requirements; accordingly, we have not set out those requirements here in this respect for the avoidance of any doubt......

The position will vary according to the particular tenancy agreement in place for the parties. For this Q& A, we proceed on the basis that the landlord is not a social housing provider and we have not addressed the steps for regaining possession following service of a valid s 21 notice, nor issues bearing on the validity of any s 21 notice. The phrasing in such an AST creates uncertainty about the nature of the tenancy currently in effect. Whether a notice is issued under s 21(1) or s 21(4) of the Housing Act 1988 ( HA 1988), the minimum notice period that must be provided is two months......

The Housing Act 2004 ( HA 2004) The HA 2004 brought in obligations concerning the safeguarding of tenancy deposits, which have been amended on a number of occasions since their introduction. The rules are complex and technical in nature, yet breaches can furnish a defence to possession proceedings under section 21 of the Housing Act 1988 ( HA 1988), and may require the landlord to return the deposit and pay a financial penalty of between one and three times the deposit amount for non-compliance......

The continuing enforceability of the right of access After the A Land is first registered, whether a right of access remains enforceable hinges on the date when the title to the A Land was first entered on the register. If that initial registration occurred before 13 October 2003, the Land Registration Act 1925, ss 5 and 9 ( LRA 1925), provided that the first proprietor of the A Land took the estate subject to any overriding interests that already affected the A Land......

Legal professional privilege Legal professional privilege denotes a doctrine shielding particular categories of documents from scrutiny or inspection by the opposing party to the case. Legal advice privilege covers materials containing advice irrespective of whether proceedings are envisaged at any stage. Litigation privilege concerns documents created when litigation is extant or on foot, anticipated, or pending as such. Both are treated as sitting beneath the umbrella of legal advice privilege. A hearing attendance note will, as a rule, come within litigation privilege and so need not be disclosed to the other side. The request for a copy of that hearing note may, therefore, be made with a respondent’s potential appeal in mind......

Legal professional privilege Legal professional privilege is a doctrine shielding specified categories of documents from scrutiny by the opposing party in proceedings. Legal advice privilege covers materials that convey advice, regardless of whether litigation is anticipated. Litigation privilege concerns documents created when litigation is on foot, foreseen, or awaiting commencement. Both are treated as sitting beneath the umbrella of legal advice privilege. A hearing attendance note will usually attract litigation privilege and, as a result, need not be disclosed to the other side. A request for a copy of the hearing attendance note may, in fact, be made with a respondent’s prospective appeal in mind......

Section 17 of the Landlord and Tenant ( Covenants) Act 1995 ( LT( C) A 1995) provides that: (1) This provision applies where a person (“the former tenant”) has, as a consequence of an assignment, ceased to be the tenant under a tenancy, but either: namely that (a) in the context of a new tenancy, has, under an authorised guarantee agreement, guaranteed his assignee’s performance of a tenant covenant of that tenancy under which any fixed charge is payable; or (b) in relation to any tenancy, still remains obliged by that covenant under that tenancy, notwithstanding assignment......

Please note, this Q& A deals exclusively with UK bribery legislation. Payment of commissions We refer you to Practice Note: How to identify when a commission might become a bribe, which explains that any commission involves providing a financial advantage, albeit it will not invariably amount to a bribe. The Bribery Act 2010 ( BA 2010) adopts a wide view of what can constitute a bribe. It is characterised as a 'financial or other advantage' offered or received in a business setting, which amounts to, or induces, the improper performance of a relevant function or activity......

Amendments to the International Tax Compliance Regulations 2015 (2015 regs), SI 2015/878, introduced by the International Tax Compliance ( Amendment) Regulations 2025, SI 2025/740, have brought in a compulsory Automatic Exchange of Information ( AEOI) registration obligation for certain trusts treated as ‘specified non-reporting financial institutions’. Under the 2015 regs, SI 2015/878, reg 24(1), a specified non-reporting financial institution is ‘a non-reporting financial institution which is a trust within the meaning of Section VIII( B)(1)(e) of the CRS or paragraph II( D) of Annex II to the FATCA agreement’. Set out below is a concise overview of the components of that definition. Financial institution ( IEIM400610) The FATCA and CRS frameworks recognise four common categories of Financial Institution: custodial institution depository institution investment entity specified insurance company Where a private trust satisfies any Financial Institution definition, it will most commonly be treated as an...