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Kate Andrews#125

Kate Andrews

Hamlins

Kate is a partner in the Property Litigation department at Hamlins LLP and advises on a wide variety of contentious property-related matters. Her main area of practice is contractual and development disputes, including specific performance claims, injunctions, rights to light, insolvency issues, Party Wall Act disputes and the redevelopment of business premises. She also deals with dilapidations, service charges, applications for consent, rent reviews and other landlord and tenant issues. Kate trained with Nabarro, qualifying in 2003. She joined Hamlins as a partner in 2014.

Contributed to

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Letter of instruction to rights of light surveyor—instructed by proposed developer
Letter of instruction to rights of light surveyor—instructed by proposed developer
Precedents

This is a precedent letter of instruction to a rights of light surveyor where a client is considering undertaking a proposed development and needs expert advice as to whether that development is likely to result in actionable interference with any rights of light enjoyed by neighbouring properties. In addition to providing guidance on the form and contents of, including documents to enclose with, the letter instructing the expert, it also covers important issues including the conflicts of interest, the expert’s fees, privilege and confidentiality.

In 1991, part of a freehold property which is subject to a rentcharge dating back to 1788 and has been subject to various transfers since 1788, was sold and the seller indemnified the purchaser of part against any rentcharges. That part is now being sold again. Should the seller seek an indemnity from their purchaser in respect of future payments of rentcharges, in order to ensure that the seller is protected from any future payments of rentcharges? The rentcharge owner is unknown.
In 1991, part of a freehold property which is subject to a rentcharge dating back to 1788 and has been subject to various transfers since 1788, was sold and the seller indemnified the purchaser of part against any rentcharges. That part is now being sold again. Should the seller seek an indemnity from their purchaser in respect of future payments of rentcharges, in order to ensure that the seller is protected from any future payments of rentcharges? The rentcharge owner is unknown.
Q&As
In a development comprising a block of flats, with the individual flats being demised on 99 year terms to the leaseholders, and the common parts being demised on a similar 99 year term to a residents company controlled by the leaseholders (Company), you have the typical development scenario. If in due course the Company acquires the freehold and then grants new much longer leases to the individual leaseholders, but does nothing with the original lease of the common parts, what would be the status of this lease in terms of the leaseholders? On the face of it they enjoy the benefit of the leasehold easements under their new longer leases, but remain subject to the negative covenants etc contained in the lease of the common parts
In a development comprising a block of flats, with the individual flats being demised on 99 year terms to the leaseholders, and the common parts being demised on a similar 99 year term to a residents company controlled by the leaseholders (Company), you have the typical development scenario. If in due course the Company acquires the freehold and then grants new much longer leases to the individual leaseholders, but does nothing with the original lease of the common parts, what would be the status of this lease in terms of the leaseholders? On the face of it they enjoy the benefit of the leasehold easements under their new longer leases, but remain subject to the negative covenants etc contained in the lease of the common parts
Q&As
In a possession hearing in the County Court in front of a district judge, the landlord was represented by a letting agent as the instructed solicitor could not attend. The agent had first-hand knowledge of the matter and the proceedings. The court would not hear the letting agent and adjourned the matter. Was the court correct in adjourning the matter?
In a possession hearing in the County Court in front of a district judge, the landlord was represented by a letting agent as the instructed solicitor could not attend. The agent had first-hand knowledge of the matter and the proceedings. The court would not hear the letting agent and adjourned the matter. Was the court correct in adjourning the matter?
Q&As
In a prospective collective enfranchisement claim, if one of the proposed participating leaseholders is a company which holds the long residential lease of a flat, and lets it out on short term lets, is this classed as a business lease, and would the Company be entitled to join in the claim?
In a prospective collective enfranchisement claim, if one of the proposed participating leaseholders is a company which holds the long residential lease of a flat, and lets it out on short term lets, is this classed as a business lease, and would the Company be entitled to join in the claim?
Q&As
In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have to serve notice to recover possession and does he need a court order?
In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have to serve notice to recover possession and does he need a court order?
Q&As
In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?
In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?
Q&As
Is a landlord required to serve a section 21 notice, or any form of notice, to recover possession of residential property subject to an assured shorthold tenancy upon death of the tenant, or does the tenancy come to an end as a result of the tenant’s death, thereby entitling the landlord to immediate possession? If notice is required and no grant of probate/letters of administration has/have been issued, upon whom and where should the notice be served?
Is a landlord required to serve a section 21 notice, or any form of notice, to recover possession of residential property subject to an assured shorthold tenancy upon death of the tenant, or does the tenancy come to an end as a result of the tenant’s death, thereby entitling the landlord to immediate possession? If notice is required and no grant of probate/letters of administration has/have been issued, upon whom and where should the notice be served?
Q&As
Is it a proper defence to a claim for breach of a warranty that a fixture has been properly maintained if the fixture would have needed replacing shortly after the sale, even if it had been properly maintained?
Is it a proper defence to a claim for breach of a warranty that a fixture has been properly maintained if the fixture would have needed replacing shortly after the sale, even if it had been properly maintained?
Q&As
Is there any caselaw demonstrating the court’s assessment of damages for misrepresentation where a vendor of a property has misrepresented the situation regarding nuisance neighbours, with damages being sought for loss of enjoyment, stress and inconvenience?
Is there any caselaw demonstrating the court’s assessment of damages for misrepresentation where a vendor of a property has misrepresented the situation regarding nuisance neighbours, with damages being sought for loss of enjoyment, stress and inconvenience?
Q&As
On a Landlord and Tenant Act 1954 renewal, a landlord holds a registered headlease. The renewal is an underlease of the whole. The existing underlease is registered. Is the tenant right that a HMLR compliant plan must be produced?
On a Landlord and Tenant Act 1954 renewal, a landlord holds a registered headlease. The renewal is an underlease of the whole. The existing underlease is registered. Is the tenant right that a HMLR compliant plan must be produced?
Q&As
On the sale of a mixed use building which comprises a freehold title and a separate long leasehold title of a small area of ancillary land adjacent to this which has been built on, but its use is unknown, is it necessary to serve a notice under section 5 of the Landlord and Tenant Act 1987 in respect of the leasehold title as well as the freehold title?
On the sale of a mixed use building which comprises a freehold title and a separate long leasehold title of a small area of ancillary land adjacent to this which has been built on, but its use is unknown, is it necessary to serve a notice under section 5 of the Landlord and Tenant Act 1987 in respect of the leasehold title as well as the freehold title?
Q&As
The landlord wishes to sell the freehold at auction and accordingly served notices under section 5 of Landlord and Tenant Act 1987 on the two-long lease flat owners. The flat owners served notices indicating an intention to purchase the freehold and the landlord did not therefore sell at the auction. However, the flat owners did not actively pursue the purchase for six months. Can a normal transfer to the flat owners now be entered into or are new notices required to confirm the sale will be by private treaty rather than auction?
The landlord wishes to sell the freehold at auction and accordingly served notices under section 5 of Landlord and Tenant Act 1987 on the two-long lease flat owners. The flat owners served notices indicating an intention to purchase the freehold and the landlord did not therefore sell at the auction. However, the flat owners did not actively pursue the purchase for six months. Can a normal transfer to the flat owners now be entered into or are new notices required to confirm the sale will be by private treaty rather than auction?
Q&As
The original buyer of a property, X, entered into positive covenants to maintain a wall. On selling the property, X obtained from its buyer, Y, a covenant by way of indemnity to observe and perform those covenants. Is there a risk that X could incur liability in tort for an injury caused as a result of a failure to maintain the wall even though X no longer has any right of access to the property?
The original buyer of a property, X, entered into positive covenants to maintain a wall. On selling the property, X obtained from its buyer, Y, a covenant by way of indemnity to observe and perform those covenants. Is there a risk that X could incur liability in tort for an injury caused as a result of a failure to maintain the wall even though X no longer has any right of access to the property?
Q&As
The tenant has served a section 42 notice to extend their lease. However, they have requested a term of 155 years from the original term rather than 215 years or the residue plus 90 years will this invalidate the notice?
The tenant has served a section 42 notice to extend their lease. However, they have requested a term of 155 years from the original term rather than 215 years or the residue plus 90 years will this invalidate the notice?
Q&As
Under the Leasehold Reform Act 1967, where a tenant has served a notice of tenant's claim to acquire the freehold or an extended lease, which correctly states that the valuation should be under section 9(1)(c) as the rent exceeds the applicable limit under section 1AA (meaning a marriage value will have to be taken into consideration for the premium), but the landlord has served a notice in reply to tenant's claim which mistakenly states that the property should be valued under section 9(1), (which does not take a marriage value into consideration and is more favourable to the tenant), will the landlord be bound to value the property under section 9(1)?
Under the Leasehold Reform Act 1967, where a tenant has served a notice of tenant's claim to acquire the freehold or an extended lease, which correctly states that the valuation should be under section 9(1)(c) as the rent exceeds the applicable limit under section 1AA (meaning a marriage value will have to be taken into consideration for the premium), but the landlord has served a notice in reply to tenant's claim which mistakenly states that the property should be valued under section 9(1), (which does not take a marriage value into consideration and is more favourable to the tenant), will the landlord be bound to value the property under section 9(1)?
Q&As
What is the deemed date of service of notices in connection with lease extension claims and collective enfranchisement claims under Leasehold Reform, Housing and Urban Development Act 1993, if the notices are served by first class post? Can notices be served by fax?
What is the deemed date of service of notices in connection with lease extension claims and collective enfranchisement claims under Leasehold Reform, Housing and Urban Development Act 1993, if the notices are served by first class post? Can notices be served by fax?
Q&As
What is the effect on a landlord's interim rent application (contained in an Acknowledgment of Service) where an agreement for lease is subsequently entered into by the landlord and tenant, and the current tenancy loses the protection of Part II of the Landlord and Tenant Act 1954 pursuant to section 28?
What is the effect on a landlord's interim rent application (contained in an Acknowledgment of Service) where an agreement for lease is subsequently entered into by the landlord and tenant, and the current tenancy loses the protection of Part II of the Landlord and Tenant Act 1954 pursuant to section 28?
Q&As
What is the position if an option agreement is silent on whether it is binding on successors-in-title except for one mentioned in the reservation of rights clauses where express rights are reserved for the benefit of 'the vendor and its successors-in-title'?
What is the position if an option agreement is silent on whether it is binding on successors-in-title except for one mentioned in the reservation of rights clauses where express rights are reserved for the benefit of 'the vendor and its successors-in-title'?
Q&As
What period of notice must be given to determine an assured shorthold tenancy (granted post-1 October 2015) at the end of the fixed term, where rent is paid weekly?
What period of notice must be given to determine an assured shorthold tenancy (granted post-1 October 2015) at the end of the fixed term, where rent is paid weekly?
Q&As
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