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4 King’s Bench Walk
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Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts
1514
How can a landlord of a Rent Act tenancy seek access to the property to undertake works, if they do not fall within sections 116(3) or (3A) of the Rent Act 1977?
Q&As
Property Disputes
How can a residential leaseholder of a building where there are three long residential leases extend their own lease if that leaseholder is also the freeholder? Can the right of first refusal be avoided? The lease is mortgaged and so it can’t be assigned to a company or joint names.
Q&As
Property
How can a sibling of a 16-year-old child, who is over the age of 21, acquire parental responsibility for that child in circumstances where the mother is terminally ill and the father has parental responsibility for the child but has no contact with the child? Is there any relevant case law in this regard?
Q&As
Family
How can a spouse protect their interest in the matrimonial home by way of an entry on the title register where the registered proprietors for the property are the other spouse and members of their extended family? What action may be taken in relation to HM Land Registry if an application for a home rights notice or unilateral notice has been incorrectly rejected? How else may a spouse’s position be protected?
Q&As
Family
How can criminal proceedings be commenced against a person with no fixed abode?
Q&As
Corporate Crime
How can personal representatives (PRs) of the deceased's estate realise the deceased's 50% interest in a property held as tenants in common if the co-owner won't co-operate? It seems that the PRs are not able to apply for an order for sale under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 and the property needs to be sold to pay debts/legacies etc
Q&As
Private Client
How do I serve a counterclaim on a second defendant who is out of the jurisdiction?
Q&As
Dispute Resolution
How do the courts determine 'term/duration’ in a 1954 Act Lease Renewal? The tenants in this case require a very short new lease.
Q&As
Property Disputes
How do the English courts interpret the term ‘special damages’ in the context of a contractual limitation of liability provision? How is US-specific terminology interpreted in this context?
Q&As
Commercial
How do the provisions of paragraph 4 of Part 1 of Schedule 1 to the Academies Act 2010 impact consideration of whether or not a maintained school can let part of the school premises to a third party for use as a nursery two–four years olds?
Q&As
Local Government
How does section 31 of the Localism Act 2011 work in practice if a member has made a planning application, to be determined by the committee, but the member is not a decision maker? Can they be present and speak in their capacity as a member of the public who has made the planning application?
Q&As
Local Government
How is an application for deputyship made when spouses own their property as tenants in common? On making such an application will there ultimately be sufficient individuals for a sale to take place when one spouse dies, without having to make a further application to the Court of Protection? For example, can the executors of the husband sell his share and the deputies of the wife sell her share?
Q&As
Private Client
How long after service of the acceptance notice under the Landlord and Tenant Act 1987 do the qualifying tenants have to advise of the nominee purchaser?
Q&As
Property
How long will a notice served under section 20 of the Landlord and Tenant Act 1985 be valid for before a new notice needs to be served?
Q&As
Property
How many copies of the claim form do I need to serve when all the defendants are represented by the same solicitor?
Q&As
Dispute Resolution
How many times can leaseholders extend their lease under the Leasehold Reform, Housing and Urban Development Act 1993, at what intervals, and where is this stated in LRHUDA 1993?
Q&As
Property Disputes
How may a local authority execute simple contracts and deeds remotely?
Q&As
Commercial
How may an order for sale contained within a consent order made at a financial dispute resolution appointment in 2003 be enforced? Can the order be varied?
Q&As
Family
How should a notice of severance of a joint tenancy be served when the recipient lives in Germany? If it can be sent by post, must a ‘recorded/tracked’ service be used?
Q&As
Property Disputes
How should an electronic communications agreement which was made under the 'old' code, and which expired before 2017, be terminated? Can the operator serve notice to terminate under the new code, or must they use the old code and/or LTA 1954? Can the landlord require the removal of the apparatus under Part 6 of the new code?
Q&As
Property Disputes
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