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4 King’s Bench Walk

Experts

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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

Can a landlord enforce a clause in a lease which requires a tenant to repay any empty rates relief lost after the end of the term if the lease has been surrendered and the deed of surrender contains a full release of the tenant from all tenant covenants and any subsisting breach of them?
Can a landlord enforce a clause in a lease which requires a tenant to repay any empty rates relief lost after the end of the term if the lease has been surrendered and the deed of surrender contains a full release of the tenant from all tenant covenants and any subsisting breach of them?
Q&As

Can a landlord forfeit a lease by peaceable re-entry if the tenant is bankrupt, vacated the premises some time ago, and has substantial rent arrears (the lease allows for forfeiture if the tenant is bankrupt)? What are the risks of the landlord doing this? Also, does liability under an authorised guarantee agreement (AGA) cease on surrender of the lease (express or implied) or forfeiture for bankruptcy, or does this come down to the wording used in the AGA?
Can a landlord forfeit a lease by peaceable re-entry if the tenant is bankrupt, vacated the premises some time ago, and has substantial rent arrears (the lease allows for forfeiture if the tenant is bankrupt)? What are the risks of the landlord doing this? Also, does liability under an authorised guarantee agreement (AGA) cease on surrender of the lease (express or implied) or forfeiture for bankruptcy, or does this come down to the wording used in the AGA?
Q&As

Can a landlord forfeit or re-enter for rent arrears where the contractual term has expired but the tenant has remained in occupation, what procedure should be followed and what is the authority for this?
Can a landlord forfeit or re-enter for rent arrears where the contractual term has expired but the tenant has remained in occupation, what procedure should be followed and what is the authority for this?
Q&As

Can a landlord legally require a tenant to enter into a new assured shorthold tenancy (AST) where the fixed term of the tenancy has expired and a statutory periodic AST has arisen?
Can a landlord legally require a tenant to enter into a new assured shorthold tenancy (AST) where the fixed term of the tenancy has expired and a statutory periodic AST has arisen?
Q&As

Can a landlord peaceably re-enter a property where the lease was forfeited on grounds other than non-payment of rent and no application for relief from forfeiture was made? Are there any restrictions/potential liability on/for the landlord where entry has to be forced?
Can a landlord peaceably re-enter a property where the lease was forfeited on grounds other than non-payment of rent and no application for relief from forfeiture was made? Are there any restrictions/potential liability on/for the landlord where entry has to be forced?
Q&As

Can a landlord pursue possession under the Housing Act 1988 if there is rent arrears of at least six months under section 8, Schedule 2, Ground 8 if rent is payable every six months?
Can a landlord pursue possession under the Housing Act 1988 if there is rent arrears of at least six months under section 8, Schedule 2, Ground 8 if rent is payable every six months?
Q&As

Can a landlord refuse a collective enfranchisement claim notice on the basis that the nominee purchaser has not paid the landlord's costs for an earlier collective enfranchisement claim which was withdrawn on the grounds of invalidity two years ago?
Can a landlord refuse a collective enfranchisement claim notice on the basis that the nominee purchaser has not paid the landlord's costs for an earlier collective enfranchisement claim which was withdrawn on the grounds of invalidity two years ago?
Q&As

Can a landlord serve a repair notice during the last year of a repairing lease or must they wait until the end of the term?
Can a landlord serve a repair notice during the last year of a repairing lease or must they wait until the end of the term?
Q&As

Can a landlord serve a section 25 notice under the Landlord and Tenant Act 1954 when the landlord's freehold interest has not been registered at the Land Registry (because an application for first registration which was made in 2013 by the tenant's solicitor at the time of grant of the lease did not provide details of the freehold interest).
Can a landlord serve a section 25 notice under the Landlord and Tenant Act 1954 when the landlord's freehold interest has not been registered at the Land Registry (because an application for first registration which was made in 2013 by the tenant's solicitor at the time of grant of the lease did not provide details of the freehold interest).
Q&As

Can a landlord serve a warning notice to exclude the Landlord and Tenant Act 1954 before a schedule of condition has been prepared let alone agreed?
Can a landlord serve a warning notice to exclude the Landlord and Tenant Act 1954 before a schedule of condition has been prepared let alone agreed?
Q&As

Can a landlord subsequently increase the premium which it has stated in its counter-notice under section 45 of the Leasehold Reform, Housing and Urban Development Act 1993?
Can a landlord subsequently increase the premium which it has stated in its counter-notice under section 45 of the Leasehold Reform, Housing and Urban Development Act 1993?
Q&As

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?
Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?
Q&As

Can a landowner and operator agree the relocation of a telecom mast or must they use the statutory notice procedure (paragraphs 20 or 21 of the Telecoms Code)?
Can a landowner and operator agree the relocation of a telecom mast or must they use the statutory notice procedure (paragraphs 20 or 21 of the Telecoms Code)?
Q&As

Can a lease (and licence to underlet granted pursuant to it) contain a covenant imposing an obligation on the new tenant to sub-let part of the property to a specific individual (currently a licensee of part of the premises), and what can be done to protect the licencee to ensure the tenant does grant it the sub-lease?
Can a lease (and licence to underlet granted pursuant to it) contain a covenant imposing an obligation on the new tenant to sub-let part of the property to a specific individual (currently a licensee of part of the premises), and what can be done to protect the licencee to ensure the tenant does grant it the sub-lease?
Q&As

Can a lease that has been granted for a term of five years with security of tenure, contain a rent review clause to take effect on the fifth anniversary of the lease, on the basis that the lease may continue under section 24 of the Landlord and Tenant Act 1954?
Can a lease that has been granted for a term of five years with security of tenure, contain a rent review clause to take effect on the fifth anniversary of the lease, on the basis that the lease may continue under section 24 of the Landlord and Tenant Act 1954?
Q&As

Can a legal services payment order be made for legal funding in exclusively Family Law Act 1996 proceedings, ie in proceedings to resist the making of a non-molestation order where there are no current financial remedy or Children Act 1989 proceedings?
Can a legal services payment order be made for legal funding in exclusively Family Law Act 1996 proceedings, ie in proceedings to resist the making of a non-molestation order where there are no current financial remedy or Children Act 1989 proceedings?
Q&As

Can a limited company which is in administration execute a Deed of Surrender?
Can a limited company which is in administration execute a Deed of Surrender?
Q&As

Can a local authority acquire land by adverse possession or would it not be deemed ‘a person’ under the Land Registration Act 2002?
Can a local authority acquire land by adverse possession or would it not be deemed ‘a person’ under the Land Registration Act 2002?
Q&As

Can a local authority be compelled to accommodate a child who is on the cusp of being beyond parental control where the adoption placement has broken down? What remedies are available to the adoptive parents in such situation?
Can a local authority be compelled to accommodate a child who is on the cusp of being beyond parental control where the adoption placement has broken down? What remedies are available to the adoptive parents in such situation?
Q&As

Can a local authority enforce a statutory charge over a property created under section 22 of the Health and Social Services and Social Security Adjudications Act 1983, where the person is not deceased?
Can a local authority enforce a statutory charge over a property created under section 22 of the Health and Social Services and Social Security Adjudications Act 1983, where the person is not deceased?
Q&As

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