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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

If a landlord has served a notice pursuant to section 5 of the Landlord and Tenant Act 1987 (LTA 1987) stating ‘the landlord whose address for service for the purpose of this notice is care of…’, can the tenants serve an acceptance notice pursuant to LTA 1987, s 6 on that ‘care of’ address only and ignore the service requirements in the lease?
If a landlord has served a notice pursuant to section 5 of the Landlord and Tenant Act 1987 (LTA 1987) stating ‘the landlord whose address for service for the purpose of this notice is care of…’, can the tenants serve an acceptance notice pursuant to LTA 1987, s 6 on that ‘care of’ address only and ignore the service requirements in the lease?
Q&As

If a landlord has served a section 5B notice under Landlord and Tenant Act 1987, can the landlord change its mind and decide not to go to auction but to simply get a valuation and sell to the qualifying tenants (assuming that all of the qualifying tenants decide to join in)? Would the landlord need to serve a further section 5 notice?
If a landlord has served a section 5B notice under Landlord and Tenant Act 1987, can the landlord change its mind and decide not to go to auction but to simply get a valuation and sell to the qualifying tenants (assuming that all of the qualifying tenants decide to join in)? Would the landlord need to serve a further section 5 notice?
Q&As

If a landlord increases rent on a residential statutory periodic tenancy (without serving the notice to increase rent (Form 4)) on the tenants, and the tenants pay the increased rent, can the tenant's payment of the new rent be considered as acceptance of the new rent?
If a landlord increases rent on a residential statutory periodic tenancy (without serving the notice to increase rent (Form 4)) on the tenants, and the tenants pay the increased rent, can the tenant's payment of the new rent be considered as acceptance of the new rent?
Q&As

If a landlord loses mental capacity and moves out his property to a care home and a deputy is appointed, will the lodgers in the landlords property become tenants?
If a landlord loses mental capacity and moves out his property to a care home and a deputy is appointed, will the lodgers in the landlords property become tenants?
Q&As

If a landlord of an Assured Shorthold Tenancy failed to protect a tenancy deposit, would they be able to serve a valid section 21 notice if they protect the deposit and enter into a new fixed term tenancy?
If a landlord of an Assured Shorthold Tenancy failed to protect a tenancy deposit, would they be able to serve a valid section 21 notice if they protect the deposit and enter into a new fixed term tenancy?
Q&As

If a landlord takes a deposit of more than five weeks’ rent in relation to a tenancy granted in June 2019, what is the effect on the landlord?
If a landlord takes a deposit of more than five weeks’ rent in relation to a tenancy granted in June 2019, what is the effect on the landlord?
Q&As

If a landlord takes a tenancy deposit but the prescribed information does not include the landlord's name and address (rather it provides letting agents details as landlord's c/o address etc)—does that allow the tenant to bring a claim for tenancy deposit compensation? The Housing (Tenancy Deposits)(Prescribed Information) Order 2007, para 2(g)(iii) appears to make provision of the landlord name, address, telephone number and any email address a formal requirement but a number of the tenancy deposit scheme providers template prescribed information does not require the landlord's details to be inserted and/or expressly states that landlord's agents details can be provided.
If a landlord takes a tenancy deposit but the prescribed information does not include the landlord's name and address (rather it provides letting agents details as landlord's c/o address etc)—does that allow the tenant to bring a claim for tenancy deposit compensation? The Housing (Tenancy Deposits)(Prescribed Information) Order 2007, para 2(g)(iii) appears to make provision of the landlord name, address, telephone number and any email address a formal requirement but a number of the tenancy deposit scheme providers template prescribed information does not require the landlord's details to be inserted and/or expressly states that landlord's agents details can be provided.
Q&As

If a landowner undertook works on a highway retaining wall which has damaged its structural integrity but refuses to reach agreement to remediate the damage and pay the costs, what action can the highway authority take?
If a landowner undertook works on a highway retaining wall which has damaged its structural integrity but refuses to reach agreement to remediate the damage and pay the costs, what action can the highway authority take?
Q&As

If a lease contains an absolute prohibition against alterations, but the landlord is happy to consent to the works, should a deed of variation be prepared in addition to a licence for consent? If the lease is not varied by deed, and only a licence to consent is prepared, is this likely to operate as a surrender and re-grant by operation of law?
If a lease contains an absolute prohibition against alterations, but the landlord is happy to consent to the works, should a deed of variation be prepared in addition to a licence for consent? If the lease is not varied by deed, and only a licence to consent is prepared, is this likely to operate as a surrender and re-grant by operation of law?
Q&As

If a lease is granted with a term commencement date expressed to be one month after completion, is there a risk that this will create an equitable lease for the period between completion and the term commencement date?
If a lease is granted with a term commencement date expressed to be one month after completion, is there a risk that this will create an equitable lease for the period between completion and the term commencement date?
Q&As

If a lease requires service by recorded post and the notice is returned as not signed for, will that still be good service?
If a lease requires service by recorded post and the notice is returned as not signed for, will that still be good service?
Q&As

If a lease, which is subject to a registered charge, is varied by way of Deed of Variation without the consent of the lender, will the lender be bound by the terms of the variation if it enforces its security?
If a lease, which is subject to a registered charge, is varied by way of Deed of Variation without the consent of the lender, will the lender be bound by the terms of the variation if it enforces its security?
Q&As

If a litigant in person knows that the opposing party has instructed legal counsel, are they obliged to correspond only through the counsel, or can they contact the opposing party directly?
If a litigant in person knows that the opposing party has instructed legal counsel, are they obliged to correspond only through the counsel, or can they contact the opposing party directly?
Q&As

If a local authority intends to grant a lease of an Asset of Community Value for a term of 15 years, is this disposal a 'relevant disposal'? Is it caught by the Assets of Community Value regime? Does the authority have any notification responsibilities?
If a local authority intends to grant a lease of an Asset of Community Value for a term of 15 years, is this disposal a 'relevant disposal'? Is it caught by the Assets of Community Value regime? Does the authority have any notification responsibilities?
Q&As

If a local resident has placed plastic/metal spikes on top of his own fence (which adjoins a publicly maintained pavement) and is being deemed as a nuisance—would this be covered under section 164 of the Highways Act 1980? If not, would the Council need to seek the resident to remove the spikes under the Occupiers Liability Acts?
If a local resident has placed plastic/metal spikes on top of his own fence (which adjoins a publicly maintained pavement) and is being deemed as a nuisance—would this be covered under section 164 of the Highways Act 1980? If not, would the Council need to seek the resident to remove the spikes under the Occupiers Liability Acts?
Q&As

If a mortgage is granted after the grant of an assured shorthold tenancy (AST) and the AST does contain the required notice that a lender may require possession under Ground 2 of the Housing Act 1988, can the lender take possession of the property?
If a mortgage is granted after the grant of an assured shorthold tenancy (AST) and the AST does contain the required notice that a lender may require possession under Ground 2 of the Housing Act 1988, can the lender take possession of the property?
Q&As

If a non-resident parent (NRP) is in receipt of state pension and private pension income and has shared care of the children then the Child Maintenance Service (CMS) online calculation suggests a nil rate. If an NRP is receiving state pension are other income streams ignored?
If a non-resident parent (NRP) is in receipt of state pension and private pension income and has shared care of the children then the Child Maintenance Service (CMS) online calculation suggests a nil rate. If an NRP is receiving state pension are other income streams ignored?
Q&As

If a Part 7 claim is issued, which if allocated, would be allocated to the intermediate track and would be subject to the fixed recoverable costs regime, what costs can be claimed in the event that the defendant fails to respond or defend the claim, and a request for default judgment is made?
If a Part 7 claim is issued, which if allocated, would be allocated to the intermediate track and would be subject to the fixed recoverable costs regime, what costs can be claimed in the event that the defendant fails to respond or defend the claim, and a request for default judgment is made?
Q&As

If a party to financial remedy proceedings on divorce enters into an individual voluntary arrangement, how will this impact on the proceedings and any order made in those proceedings?
If a party to financial remedy proceedings on divorce enters into an individual voluntary arrangement, how will this impact on the proceedings and any order made in those proceedings?
Q&As

If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension credit or will it be paid to the trustee in bankruptcy?
If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension credit or will it be paid to the trustee in bankruptcy?
Q&As

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