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4 King’s Bench Walk

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Chris Bryden
Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts

1514

A tenant has served a section 42 notice requesting a new lease for a term of 999 years at a nil ground rent. Given that under the Leasehold Reform, Housing and Urban Development Act 1993 the tenant is only entitled to a 90-year extension, will the section 42 notice be invalid?
A tenant has served a section 42 notice requesting a new lease for a term of 999 years at a nil ground rent. Given that under the Leasehold Reform, Housing and Urban Development Act 1993 the tenant is only entitled to a 90-year extension, will the section 42 notice be invalid?
Q&As

A tenant has used an access way over land owned by a third party for over 20 years. The landlord has not used the access way during that period. The tenant is in the process of purchasing the freehold from the landlord. Once the tenant completes the purchase of the freehold, can they seek to claim a prescriptive easement over the access way on the basis of their use of the land whilst they were a tenant?
A tenant has used an access way over land owned by a third party for over 20 years. The landlord has not used the access way during that period. The tenant is in the process of purchasing the freehold from the landlord. Once the tenant completes the purchase of the freehold, can they seek to claim a prescriptive easement over the access way on the basis of their use of the land whilst they were a tenant?
Q&As

A tenant holds over after expiry of the Landlord and Tennant Act 1954 (LTA 1954) excluded lease. They have continued to pay rent, and negotiations for a contracted out lease also took place, but failed. The tenant has decided to vacate in 6 months' time and therefore an agreement to surrender will be entered into. It is unclear whether or not the tenant is occupying as a tenant at will or as an LTA 1954 protected periodic tenant. If the landlord serves a contracting out notice under LTA 1954 in respect of the agreement to surrender but the tenant then fails to sign the declaration and vacate, will the landlord be treated as having inferred a protected periodic tenancy?
A tenant holds over after expiry of the Landlord and Tennant Act 1954 (LTA 1954) excluded lease. They have continued to pay rent, and negotiations for a contracted out lease also took place, but failed. The tenant has decided to vacate in 6 months' time and therefore an agreement to surrender will be entered into. It is unclear whether or not the tenant is occupying as a tenant at will or as an LTA 1954 protected periodic tenant. If the landlord serves a contracting out notice under LTA 1954 in respect of the agreement to surrender but the tenant then fails to sign the declaration and vacate, will the landlord be treated as having inferred a protected periodic tenancy?
Q&As

A tenant holds over following the expiry of a Landlord and Tenant 1954 protected lease. The term commencement date in the renewal lease will be six months after the expiry of the original lease. The parties want to roll over the tenant’s repairing obligations and dilapidations liability from the original lease into the new lease. Does the gap between the expiry of the old lease and commencement of the new lease affect the parties’ ability to do this?
A tenant holds over following the expiry of a Landlord and Tenant 1954 protected lease. The term commencement date in the renewal lease will be six months after the expiry of the original lease. The parties want to roll over the tenant’s repairing obligations and dilapidations liability from the original lease into the new lease. Does the gap between the expiry of the old lease and commencement of the new lease affect the parties’ ability to do this?
Q&As

A tenant is in rent arrears and the landlord intends on withdrawing the rent deposit monies in order to offset the arrears. If the tenant fails to ‘top up’ the rent deposit account so that the landlord is entitled to forfeit the lease, is this forfeiture because of breach of covenant (so that a section 146 notice is required) or would this be forfeiture for non-payment of rent (so that, depending on the circumstances, no section 146 notice is required)?
A tenant is in rent arrears and the landlord intends on withdrawing the rent deposit monies in order to offset the arrears. If the tenant fails to ‘top up’ the rent deposit account so that the landlord is entitled to forfeit the lease, is this forfeiture because of breach of covenant (so that a section 146 notice is required) or would this be forfeiture for non-payment of rent (so that, depending on the circumstances, no section 146 notice is required)?
Q&As

A tenant of a 99-year lease was granted consent to carry out alterations 40 years ago. The plans attached to the licence have been lost and it is possible that additional alterations have been carried out. The landlord does not have copies of the original plans. How should the tenant approach dilapidations and the question of which alterations should be reinstated?
A tenant of a 99-year lease was granted consent to carry out alterations 40 years ago. The plans attached to the licence have been lost and it is possible that additional alterations have been carried out. The landlord does not have copies of the original plans. How should the tenant approach dilapidations and the question of which alterations should be reinstated?
Q&As

A tenant of a long residential lease has failed to pay annual ground rent for the last 4 years. The landlord has waived the right to forfeit for the first 3 years of ground rent. Can the landlord forfeit the lease in respect of non-payment of the ground rent for the final year (where the right to forfeit has not been waived) even though the ground rent for this year is under £350?
A tenant of a long residential lease has failed to pay annual ground rent for the last 4 years. The landlord has waived the right to forfeit for the first 3 years of ground rent. Can the landlord forfeit the lease in respect of non-payment of the ground rent for the final year (where the right to forfeit has not been waived) even though the ground rent for this year is under £350?
Q&As

A tenant of commercial premises (T) is granted consent to assign to a third party (NT) subject to the parent companies of T and NT acting as guarantors of NT, with T also providing an authorised guarantee agreement on assignment. The tenant’s parent company (PT) was not a party to the lease and so is not a party to the assignment and there is therefore no express indemnity. Will an indemnity be implied?
A tenant of commercial premises (T) is granted consent to assign to a third party (NT) subject to the parent companies of T and NT acting as guarantors of NT, with T also providing an authorised guarantee agreement on assignment. The tenant’s parent company (PT) was not a party to the lease and so is not a party to the assignment and there is therefore no express indemnity. Will an indemnity be implied?
Q&As

A tenant of commercial premises covenanted not to make any alterations or additions to the premises without the landlord's consent. The tenant then sought and obtained consent to carry out its restaurant fit out. The premises is defined to include all alterations or additions to the premises. The tenant is also obliged to yield up the premises. Is the tenant therefore required to yield up the premises in its altered state? If the tenant is exercising a break which is conditional on giving vacant possession, case law suggests that it must remove all chattels. If a chattel formed part of the alterations and additions which the tenant is to yield up, does it still have to remove them to satisfy the vacant possession condition?
A tenant of commercial premises covenanted not to make any alterations or additions to the premises without the landlord's consent. The tenant then sought and obtained consent to carry out its restaurant fit out. The premises is defined to include all alterations or additions to the premises. The tenant is also obliged to yield up the premises. Is the tenant therefore required to yield up the premises in its altered state? If the tenant is exercising a break which is conditional on giving vacant possession, case law suggests that it must remove all chattels. If a chattel formed part of the alterations and additions which the tenant is to yield up, does it still have to remove them to satisfy the vacant possession condition?
Q&As

A tenant paid a deposit in 2008. The landlord failed to protect it in the first instance, nor did it do so within 30 days of 6 April 2012 under the transitional provisions in the Localism Act 2011. Can the tenant claim damages from the landlord for failure to protect the deposit by 6th May 2012 deadline, by 6th May 2018 in line with the normal six-year limitation period?
A tenant paid a deposit in 2008. The landlord failed to protect it in the first instance, nor did it do so within 30 days of 6 April 2012 under the transitional provisions in the Localism Act 2011. Can the tenant claim damages from the landlord for failure to protect the deposit by 6th May 2012 deadline, by 6th May 2018 in line with the normal six-year limitation period?
Q&As

A tenant served a request for a new lease under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), by recorded post to the landlord's head office. The landlord had arranged a redirection with Royal Mail and its employees did not actually receive the notice until shortly before the deadline for service of a counter-notice. A counter-notice was served as soon as possible following receipt of the section 42 notice, albeit after the deadline given in the notice. Is the tenant therefore able to apply to court under LRHUDA 1993, s 49 to determine the terms of acquisition in accordance with the notice?
A tenant served a request for a new lease under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), by recorded post to the landlord's head office. The landlord had arranged a redirection with Royal Mail and its employees did not actually receive the notice until shortly before the deadline for service of a counter-notice. A counter-notice was served as soon as possible following receipt of the section 42 notice, albeit after the deadline given in the notice. Is the tenant therefore able to apply to court under LRHUDA 1993, s 49 to determine the terms of acquisition in accordance with the notice?
Q&As

A tenant serves a common law notice to quit, which is accepted by the landlord. The tenant fails to vacate the property within the time period stated in the notice to quit. Can the landlord bring possession proceedings immediately or must it serve its own notice to quit or wait until a certain period of time has elapsed?
A tenant serves a common law notice to quit, which is accepted by the landlord. The tenant fails to vacate the property within the time period stated in the notice to quit. Can the landlord bring possession proceedings immediately or must it serve its own notice to quit or wait until a certain period of time has elapsed?
Q&As

A tenant serves notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. The notice did not include the details of the person appointed or the firm's address for service. Also it stated the terms of the new lease as an extension of the term to 199 years whereas, in fact the term of the current lease is 100 years and the tenant would only be entitled to a 90-year extension. Is the notice invalid and is there any point in registering in at HM Land Registry?
A tenant serves notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. The notice did not include the details of the person appointed or the firm's address for service. Also it stated the terms of the new lease as an extension of the term to 199 years whereas, in fact the term of the current lease is 100 years and the tenant would only be entitled to a 90-year extension. Is the notice invalid and is there any point in registering in at HM Land Registry?
Q&As

A tenant took an assignment of an LTA 1954 statutory continuation tenancy lease. An unopposed section 25 notice was served, but the notice did not contain a schedule of proposed terms. Neither party made an application to court before the section 25 notice expired. The tenant has paid rent since the notice expired (a couple of months ago). What is the status of the tenant?
A tenant took an assignment of an LTA 1954 statutory continuation tenancy lease. An unopposed section 25 notice was served, but the notice did not contain a schedule of proposed terms. Neither party made an application to court before the section 25 notice expired. The tenant has paid rent since the notice expired (a couple of months ago). What is the status of the tenant?
Q&As

A testator died leaving a home-made Will appointing his wife as his executor but not as his trustee and leaving the estate residue to his wife and the marital home, which he owned, to his daughter, with a life interest to the wife. There is a life interest trust with no trustees appointed in the Will. How should a trustee or trustees be appointed in this situation? Can a written direction be given to the wife (as personal representative) by the daughter under section 19 of the Trust of Land & Appointment of Trustees Act 1996 to appoint trustees?
A testator died leaving a home-made Will appointing his wife as his executor but not as his trustee and leaving the estate residue to his wife and the marital home, which he owned, to his daughter, with a life interest to the wife. There is a life interest trust with no trustees appointed in the Will. How should a trustee or trustees be appointed in this situation? Can a written direction be given to the wife (as personal representative) by the daughter under section 19 of the Trust of Land & Appointment of Trustees Act 1996 to appoint trustees?
Q&As

A testator has a half share in farm land. The land is subject to a tenancy from 1984 in favour of the former farming partnership. The partnership was converted to a limited company several years after the tenancy agreement. The testator did not have an interest in the partnership. No deed of assignment was entered into but the company paid rent and half was paid to the testator. The tenancy agreement contains a provision for termination at the end of any year with a year’s notice. The tenancy will be caught by the provisions of the Agricultural Holdings Act 1986. Can a claim for agricultural property relief be made at 50% or 100%?
A testator has a half share in farm land. The land is subject to a tenancy from 1984 in favour of the former farming partnership. The partnership was converted to a limited company several years after the tenancy agreement. The testator did not have an interest in the partnership. No deed of assignment was entered into but the company paid rent and half was paid to the testator. The tenancy agreement contains a provision for termination at the end of any year with a year’s notice. The tenancy will be caught by the provisions of the Agricultural Holdings Act 1986. Can a claim for agricultural property relief be made at 50% or 100%?
Q&As

A third party has been joined to financial remedy proceedings as a result of a party asserting an interest in a property owned by the third party under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Which costs form should the third party use for a pre-trial review/final hearing on the issue of the TOLATA 1996 claim, which is being dealt with as a preliminary matter within the financial remedy proceedings? Is it a Form H, N260, Precedent H or some other form?
A third party has been joined to financial remedy proceedings as a result of a party asserting an interest in a property owned by the third party under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Which costs form should the third party use for a pre-trial review/final hearing on the issue of the TOLATA 1996 claim, which is being dealt with as a preliminary matter within the financial remedy proceedings? Is it a Form H, N260, Precedent H or some other form?
Q&As

A title document contains a statement that the owner shall ‘bear their share of the cost of a formal apportionment of the tithe rent charge affecting the land and the adjoining land of the Vendors’. Is this provision enforceable against the owner of the property?
A title document contains a statement that the owner shall ‘bear their share of the cost of a formal apportionment of the tithe rent charge affecting the land and the adjoining land of the Vendors’. Is this provision enforceable against the owner of the property?
Q&As

A transaction completes subject to an assured shorthold tenancy (AST) with the tenant having been served a valid section 21 notice prior to completion. Does the seller or former landlord risk any liability regarding the AST post completion? The deposit was held in a tenancy deposit scheme and has already been returned to the tenant.
A transaction completes subject to an assured shorthold tenancy (AST) with the tenant having been served a valid section 21 notice prior to completion. Does the seller or former landlord risk any liability regarding the AST post completion? The deposit was held in a tenancy deposit scheme and has already been returned to the tenant.
Q&As

A transfer in form TR1 was completed seven years ago. Panel 10 provided that the transferees would hold the property as joint tenants. The transfer has been registered at HM Land Registry but an official copy reveals that it was not signed by the transferees. Is there a valid express declaration of trust with reference to section 53 (1)(b) of the Law and Property Act 1925?
A transfer in form TR1 was completed seven years ago. Panel 10 provided that the transferees would hold the property as joint tenants. The transfer has been registered at HM Land Registry but an official copy reveals that it was not signed by the transferees. Is there a valid express declaration of trust with reference to section 53 (1)(b) of the Law and Property Act 1925?
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