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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

Does a merger of a freehold and leasehold interest have to take place at the time the two interests become vested in the same entity or can the intention come into existence and the merger take effect later? If not, can the tenant surrender the lease to itself as landlord at a later date? If neither of these is possible, how do you determine/close a leasehold title at a point in time after acquisition where both the lease and the freehold are vested in the same entity?
Does a merger of a freehold and leasehold interest have to take place at the time the two interests become vested in the same entity or can the intention come into existence and the merger take effect later? If not, can the tenant surrender the lease to itself as landlord at a later date? If neither of these is possible, how do you determine/close a leasehold title at a point in time after acquisition where both the lease and the freehold are vested in the same entity?
Q&As

Does a non-molestation order or equivalent undertaking appear on a Disclosure and Barring Service (DBS) check, police check or criminal record? Does such an order or undertaking appear on advanced DBS checks and will it be listed as an offence if a non-molestation order is breached?
Does a non-molestation order or equivalent undertaking appear on a Disclosure and Barring Service (DBS) check, police check or criminal record? Does such an order or undertaking appear on advanced DBS checks and will it be listed as an offence if a non-molestation order is breached?
Q&As

Does a notice under section 215 of the Town and Country Planning Act 1990 have to be registered as a local land charge from the time it is served and in force?
Does a notice under section 215 of the Town and Country Planning Act 1990 have to be registered as a local land charge from the time it is served and in force?
Q&As

Does a patio constructed without a foundation constitute a structure for the purposes of the Party Wall Act 1996?
Does a patio constructed without a foundation constitute a structure for the purposes of the Party Wall Act 1996?
Q&As

Does a recipient of an RTB application under section 122 of the Housing Act 1985 (HA 1985) have to admit it even if one of the scenarios in HA 1985, s 121 prevent it from being exercised?
Does a recipient of an RTB application under section 122 of the Housing Act 1985 (HA 1985) have to admit it even if one of the scenarios in HA 1985, s 121 prevent it from being exercised?
Q&As

Does a rent deposit have to be held in an interest-bearing account or can the landlord decide to hold the rent deposit money in a non-interest bank account? If so, are there any tax implications for the landlord?
Does a rent deposit have to be held in an interest-bearing account or can the landlord decide to hold the rent deposit money in a non-interest bank account? If so, are there any tax implications for the landlord?
Q&As

Does a restrictive covenant prohibiting the use of a property as a hairdresser shop, prohibit its use as a barbershop?
Does a restrictive covenant prohibiting the use of a property as a hairdresser shop, prohibit its use as a barbershop?
Q&As

Does a right by deed to a supply of electricity over neighbouring land which includes a right to ‘repair, renew, maintain, inspect, replace and cleanse’ electrical pipes, wires and cables include a right to ‘upgrade’ a single phase supply to a three phase supply involving a replacement ‘transformer’ and ‘cables’ and an additional ‘pole’ to support the transformer or can the neighbour argue that these works would be beyond the original grant? This is where the existing supply is not ‘out of repair’ but is at the limit of its capacity. Can the ‘upgrade’ also include provision for future changes such as electrical heating pumps and car charging?
Does a right by deed to a supply of electricity over neighbouring land which includes a right to ‘repair, renew, maintain, inspect, replace and cleanse’ electrical pipes, wires and cables include a right to ‘upgrade’ a single phase supply to a three phase supply involving a replacement ‘transformer’ and ‘cables’ and an additional ‘pole’ to support the transformer or can the neighbour argue that these works would be beyond the original grant? This is where the existing supply is not ‘out of repair’ but is at the limit of its capacity. Can the ‘upgrade’ also include provision for future changes such as electrical heating pumps and car charging?
Q&As

Does a senior person signing the statement of truth in support of an adverse possession claim need to have personal knowledge of occupation of the property for the entire ten-year period? If the senior person has held their post for a few years, but manages a team that has managed the site for several decades, and notes this position in the statement, will this be sufficient for adverse possession claims?
Does a senior person signing the statement of truth in support of an adverse possession claim need to have personal knowledge of occupation of the property for the entire ten-year period? If the senior person has held their post for a few years, but manages a team that has managed the site for several decades, and notes this position in the statement, will this be sufficient for adverse possession claims?
Q&As

Does a site supervisor’s house form part of a school site, for the purposes of paragraph 4(1) of Schedule 3 Part II to the School Standards and Framework Act 1998?
Does a site supervisor’s house form part of a school site, for the purposes of paragraph 4(1) of Schedule 3 Part II to the School Standards and Framework Act 1998?
Q&As

Does a supplementary/supplemental witness statement to deal with a claimant’s subsequent attendance on medical experts need to be served or are the experts’ reports themselves sufficient?
Does a supplementary/supplemental witness statement to deal with a claimant’s subsequent attendance on medical experts need to be served or are the experts’ reports themselves sufficient?
Q&As

Does a tenant become a 'qualifying tenant' under section 3 of the Landlord and Tenant Act 1987 (LTA 1987) (and therefore entitled to be served with notice pursuant to LTA 1978, s 5 should the freeholder wish to dispose of the freehold title) immediately upon the grant of the new lease or is this only the case following completion of registration of the new leasehold title at HM Land Registry?
Does a tenant become a 'qualifying tenant' under section 3 of the Landlord and Tenant Act 1987 (LTA 1987) (and therefore entitled to be served with notice pursuant to LTA 1978, s 5 should the freeholder wish to dispose of the freehold title) immediately upon the grant of the new lease or is this only the case following completion of registration of the new leasehold title at HM Land Registry?
Q&As

Does a term-time employee who is off sick before the summer holidays still have to continue to provide fit notes when they wouldn’t ordinarily be expected to be at work?
Does a term-time employee who is off sick before the summer holidays still have to continue to provide fit notes when they wouldn’t ordinarily be expected to be at work?
Q&As

Does a torts notice have to be served following the forfeiture of a lease by peaceable re-entry where the lease includes a clause which provides that the landlord may dispose of goods left at the property?
Does a torts notice have to be served following the forfeiture of a lease by peaceable re-entry where the lease includes a clause which provides that the landlord may dispose of goods left at the property?
Q&As

Does agreeing to a surrender of a lease by operation of law on the basis of 'full waiver by the landlord of all claims against the company, whether past, present or future' prevent the landlord from submitting a proof of debt for rent arrears etc incurred prior to the surrender date?
Does agreeing to a surrender of a lease by operation of law on the basis of 'full waiver by the landlord of all claims against the company, whether past, present or future' prevent the landlord from submitting a proof of debt for rent arrears etc incurred prior to the surrender date?
Q&As

Does an employer comply with the statutory requirements of section 8 of the Employment Rights Act 1996, viz to give its workers a written itemised pay statement, if it requires workers to retrieve their payslips from a third party host that is cloud-based?
Does an employer comply with the statutory requirements of section 8 of the Employment Rights Act 1996, viz to give its workers a written itemised pay statement, if it requires workers to retrieve their payslips from a third party host that is cloud-based?
Q&As

Does an executor with power reserved to them have a liability to pay inheritance tax on an estate or is this the sole responsibility of the proving executor?
Does an executor with power reserved to them have a liability to pay inheritance tax on an estate or is this the sole responsibility of the proving executor?
Q&As

Does an express covenant to erect a fence contained within a transfer contain an implied right to access the dominant land in order for the owner of the servient land to erect the fence even if no express rights of access are granted in the transfer and the operation of section 62 of Law of Property Act 1925 (LPA 1925) and Land Registration Act 2002 (LRA 2002) are expressly excluded? Would the owner of the dominant land be prevented from enforcing the benefit of the covenant if they refused to allow the servient owner access to the dominant land in order to erect the fence?
Does an express covenant to erect a fence contained within a transfer contain an implied right to access the dominant land in order for the owner of the servient land to erect the fence even if no express rights of access are granted in the transfer and the operation of section 62 of Law of Property Act 1925 (LPA 1925) and Land Registration Act 2002 (LRA 2002) are expressly excluded? Would the owner of the dominant land be prevented from enforcing the benefit of the covenant if they refused to allow the servient owner access to the dominant land in order to erect the fence?
Q&As

Does failing to notify a tenant of the change of landlord (even though it was years ago and the tenant has been paying rent and has communicated with the new landlord) prevent the valid service by the new landlord of a section 21 notice and subsequent successful possession proceedings?
Does failing to notify a tenant of the change of landlord (even though it was years ago and the tenant has been paying rent and has communicated with the new landlord) prevent the valid service by the new landlord of a section 21 notice and subsequent successful possession proceedings?
Q&As

Does failure to object to the grant of planning permission mean that a highway authority cannot take action where something encroaches on to the highway?
Does failure to object to the grant of planning permission mean that a highway authority cannot take action where something encroaches on to the highway?
Q&As

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