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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 transfer of part of a freehold title (residential property), which is a new build property on a new development, reserves the payment of an estate maintenance charge, is this treated one and the same as an estate rentcharge? If so, do the consequences of non payment of the estate maintenance charge apply in the same way as the non payment of an estate rentcharge?
If a transfer of part of a freehold title (residential property), which is a new build property on a new development, reserves the payment of an estate maintenance charge, is this treated one and the same as an estate rentcharge? If so, do the consequences of non payment of the estate maintenance charge apply in the same way as the non payment of an estate rentcharge?
Q&As

If a voluntary controlled school puts up a temporary demountable structure on a playing field owned by a local authority, does this trigger the duty to transfer the land to the school under the School Standards and Framework Act 1998?
If a voluntary controlled school puts up a temporary demountable structure on a playing field owned by a local authority, does this trigger the duty to transfer the land to the school under the School Standards and Framework Act 1998?
Q&As

If administrators of a freeholder serve offer notices under section 5 of the Landlord and Tenant Act 1987, are the notices invalidated if the administration ends before the notices expire? How could the seller get around this issue when serving the notices?
If administrators of a freeholder serve offer notices under section 5 of the Landlord and Tenant Act 1987, are the notices invalidated if the administration ends before the notices expire? How could the seller get around this issue when serving the notices?
Q&As

If an agreed form of transfer is purportedly attached to an option agreement (‘the transfer to X will be in the agreed form annexed to this agreement’), but is not attached and in fact does not exist, does this affect the validity of the option agreement?
If an agreed form of transfer is purportedly attached to an option agreement (‘the transfer to X will be in the agreed form annexed to this agreement’), but is not attached and in fact does not exist, does this affect the validity of the option agreement?
Q&As

If an agreement for a loan between two individuals does not contain any provision as to repayment, is the loan repayable on demand? If so, what is the authority for this?
If an agreement for a loan between two individuals does not contain any provision as to repayment, is the loan repayable on demand? If so, what is the authority for this?
Q&As

If an application for a right to buy is received by a local authority, found to be incorrect, and returned, and the customer reapplies after the 21st of November 2024 when new rules take effect. Will the application be treated as submitted before the 21st of November 2024 so that the old higher discounts apply?
If an application for a right to buy is received by a local authority, found to be incorrect, and returned, and the customer reapplies after the 21st of November 2024 when new rules take effect. Will the application be treated as submitted before the 21st of November 2024 so that the old higher discounts apply?
Q&As

If an assured shorthold tenancy (AST) shows the tenant’s name in short form, how should the name appear in a notice under section 21 of the Housing Act 1988? Should the landlord use the tenant’s full legal name, the name as it appears in the AST, or both, stating ‘also known as’?
If an assured shorthold tenancy (AST) shows the tenant’s name in short form, how should the name appear in a notice under section 21 of the Housing Act 1988? Should the landlord use the tenant’s full legal name, the name as it appears in the AST, or both, stating ‘also known as’?
Q&As

If an AST is not executed correctly (neither of the tenants signatures have been witnessed and the landlord has not signed at all) does this create a periodic tenancy and as a result do the rules on termination of a periodic tenancy apply?
If an AST is not executed correctly (neither of the tenants signatures have been witnessed and the landlord has not signed at all) does this create a periodic tenancy and as a result do the rules on termination of a periodic tenancy apply?
Q&As

If an easement secured on the title following an express grant is infringed upon by another third party's easement (acquired and registered by prescription) which takes precedence? Does this fact entitle a third party to claim that the express easement is now defective?
If an easement secured on the title following an express grant is infringed upon by another third party's easement (acquired and registered by prescription) which takes precedence? Does this fact entitle a third party to claim that the express easement is now defective?
Q&As

If an employee asks for a lump-sum to be paid to their pension instead of a payment in lieu of notice, how might this affect a post-employment notice pay (PENP) calculation?
If an employee asks for a lump-sum to be paid to their pension instead of a payment in lieu of notice, how might this affect a post-employment notice pay (PENP) calculation?
Q&As

If an employee raises a grievance in respect of sexual harassment, but does not want their employer to investigate, what is the effect on the employee’s harassment claim, ie is it a defence for the employer to say it failed to investigate because the employee did not want it to? Are you aware of any UK case law on this issue?
If an employee raises a grievance in respect of sexual harassment, but does not want their employer to investigate, what is the effect on the employee’s harassment claim, ie is it a defence for the employer to say it failed to investigate because the employee did not want it to? Are you aware of any UK case law on this issue?
Q&As

If an existing nil rate band will trust activated by the death of the testator has been varied once, eg to include a Spouse Undertaking, can the trustees then vary the trust again to determine how the trust should be repaid? What are the tax and non-tax implications of a further variation?
If an existing nil rate band will trust activated by the death of the testator has been varied once, eg to include a Spouse Undertaking, can the trustees then vary the trust again to determine how the trust should be repaid? What are the tax and non-tax implications of a further variation?
Q&As

If an initial deposit was taken at the start of an assured shorthold tenancy and thereafter the tenancy has become periodic but there have been rent reviews, is there any provision whereby a landlord can request more monies for the deposit?
If an initial deposit was taken at the start of an assured shorthold tenancy and thereafter the tenancy has become periodic but there have been rent reviews, is there any provision whereby a landlord can request more monies for the deposit?
Q&As

If an interim possession order against trespassers was issued over land, pending a final order for possession in court, can the owner of the land invite the trespassers to enter into a consent order which grants the owner a final order for possession over their land?
If an interim possession order against trespassers was issued over land, pending a final order for possession in court, can the owner of the land invite the trespassers to enter into a consent order which grants the owner a final order for possession over their land?
Q&As

If an operator serves a notice pursuant to paragraph 33 to the new Electronic Communications Code seeking a new Code agreement, how should a site provider respond if it wishes to redevelop? Can it oppose an application to the tribunal under paragraph 33 on redevelopment grounds or does it need to serve its own paragraph 31 notice?
If an operator serves a notice pursuant to paragraph 33 to the new Electronic Communications Code seeking a new Code agreement, how should a site provider respond if it wishes to redevelop? Can it oppose an application to the tribunal under paragraph 33 on redevelopment grounds or does it need to serve its own paragraph 31 notice?
Q&As

If an option agreement has expired, can it still be extended by agreement from both parties?
If an option agreement has expired, can it still be extended by agreement from both parties?
Q&As

If an owner of a property in Wales creates a trust in respect of that property, whereby they are one of a number of trustees and beneficiaries, can the beneficial interest of their share of the property be included in a financial assessment for care home fees?
If an owner of a property in Wales creates a trust in respect of that property, whereby they are one of a number of trustees and beneficiaries, can the beneficial interest of their share of the property be included in a financial assessment for care home fees?
Q&As

If care proceedings are to be commenced in relation to a number of children of the family, including siblings; half siblings and step-siblings who are living under the same roof, do you issue one C110A application in respect of all of the children or are separate proceedings required and if so how would the proceedings be separated?
If care proceedings are to be commenced in relation to a number of children of the family, including siblings; half siblings and step-siblings who are living under the same roof, do you issue one C110A application in respect of all of the children or are separate proceedings required and if so how would the proceedings be separated?
Q&As

If documents have already been disclosed to a claimant employee as part of a tribunal claim (in accordance with the respondent employer's duty of disclosure), and the employee then makes a data subject access request for the same documents, is the employer required to disclose the documents again?
If documents have already been disclosed to a claimant employee as part of a tribunal claim (in accordance with the respondent employer's duty of disclosure), and the employee then makes a data subject access request for the same documents, is the employer required to disclose the documents again?
Q&As

If information is taken from a person’s browsing history that wasn't covered by a search order and did not relate to financial information, can it be used as evidence in other proceedings?
If information is taken from a person’s browsing history that wasn't covered by a search order and did not relate to financial information, can it be used as evidence in other proceedings?
Q&As

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