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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

A financial order between former spouses makes provision for periodical payments for the children. The Child Maintenance Service has not been asked to make a maintenance calculation and the paying spouse now lives in another jurisdiction. Can the paying spouse make an application for a downwards variation of the order?
A financial order between former spouses makes provision for periodical payments for the children. The Child Maintenance Service has not been asked to make a maintenance calculation and the paying spouse now lives in another jurisdiction. Can the paying spouse make an application for a downwards variation of the order?
Q&As

A financial order was made in England and Wales with provision for a lump sum payment or in default the sale of a property located in Spain. The defaulting party resides in Spain and has no assets in England and Wales. How may the order be enforced? Would the position be different if the proceedings in which the order was made were issued prior to IP completion day (11 pm 31 December 2020)?
A financial order was made in England and Wales with provision for a lump sum payment or in default the sale of a property located in Spain. The defaulting party resides in Spain and has no assets in England and Wales. How may the order be enforced? Would the position be different if the proceedings in which the order was made were issued prior to IP completion day (11 pm 31 December 2020)?
Q&As

A financial remedy order provides for the family home to be sold. In the event that a purchaser cannot be found, can the parties agree that one of them should buy-out the others interest in the property? If an agreement cannot be reached regarding transfer of the property and there are no prospective purchasers, what steps can be taken to conclude the matter?
A financial remedy order provides for the family home to be sold. In the event that a purchaser cannot be found, can the parties agree that one of them should buy-out the others interest in the property? If an agreement cannot be reached regarding transfer of the property and there are no prospective purchasers, what steps can be taken to conclude the matter?
Q&As

A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the transferor’s retained land. If the transferor in practice maintains that fence for over 30 years and pays all related costs, does this prevent the transferor from then enforcing the covenant? Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan?
A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the transferor’s retained land. If the transferor in practice maintains that fence for over 30 years and pays all related costs, does this prevent the transferor from then enforcing the covenant? Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan?
Q&As

A freehold property is jointly owned by A and B and subject to a lease. A statutory notice pursuant to section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 is served but, before the counter notice is served, B passes away. No grant of probate can be obtained before the deadline for serving the counter notice. What is the correct procedure for serving the counter-notice? Is there any case or authority for this scenario?
A freehold property is jointly owned by A and B and subject to a lease. A statutory notice pursuant to section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 is served but, before the counter notice is served, B passes away. No grant of probate can be obtained before the deadline for serving the counter notice. What is the correct procedure for serving the counter-notice? Is there any case or authority for this scenario?
Q&As

A freeholder has a right of light for the benefit of its property and then grants a 999–year lease of that property which reserves rights of light, excludes implied rights and (where the tenant has not held the lease long enough), acquired rights. Can a freeholder get an injunction where it has no way itself of enjoying the right of light for the next 999 years? Is there any case law on this?
A freeholder has a right of light for the benefit of its property and then grants a 999–year lease of that property which reserves rights of light, excludes implied rights and (where the tenant has not held the lease long enough), acquired rights. Can a freeholder get an injunction where it has no way itself of enjoying the right of light for the next 999 years? Is there any case law on this?
Q&As

A freeholder has an obligation to repair balconies in a block of flats. A number of lessees have (with permission) replaced balustrades and tiling which are of substantially higher quality than the original balustrades and tiles. In order to repair the balconies, the landlord will need to remove the new balustrades and tiles. Is the landlord liable to reinstate the tenants’ fixtures/fittings or are they only liable to reinstate the balconies to their original standard?
A freeholder has an obligation to repair balconies in a block of flats. A number of lessees have (with permission) replaced balustrades and tiling which are of substantially higher quality than the original balustrades and tiles. In order to repair the balconies, the landlord will need to remove the new balustrades and tiles. Is the landlord liable to reinstate the tenants’ fixtures/fittings or are they only liable to reinstate the balconies to their original standard?
Q&As

A freeholder has served a notice under section 5 of the Landlord and Tenant Act 1987 (LTA 1987) on the two leasehold flat owners (A and B) in a converted house. B would not co-operate with A to purchase the freehold and A was unable to serve notice in terms of LTA 1987, s 6. It transpires that prior to serving the section 5 notice, the freeholder had agreed to sell the freehold to B and C (B's partner). Is it possible for a freeholder to propose to enter into a contract to sell the freehold to one qualifying tenant and another while simultaneously serving a section 5 notice on all qualifying tenants? Does it make a difference that the purchase of the freehold is in joint names of B and C as opposed to just B's name?
A freeholder has served a notice under section 5 of the Landlord and Tenant Act 1987 (LTA 1987) on the two leasehold flat owners (A and B) in a converted house. B would not co-operate with A to purchase the freehold and A was unable to serve notice in terms of LTA 1987, s 6. It transpires that prior to serving the section 5 notice, the freeholder had agreed to sell the freehold to B and C (B's partner). Is it possible for a freeholder to propose to enter into a contract to sell the freehold to one qualifying tenant and another while simultaneously serving a section 5 notice on all qualifying tenants? Does it make a difference that the purchase of the freehold is in joint names of B and C as opposed to just B's name?
Q&As

A has left a property in their Will to which there are seven beneficiaries. A grant of probate has been issued and the beneficiaries would like to transfer the property into their names. Which forms are required and are there any fees payable to HM Land Registry? As only four people can be shown as the registered owner of the property, what is the legal position regarding the other beneficiaries (including any minors) who cannot be included on the legal title?
A has left a property in their Will to which there are seven beneficiaries. A grant of probate has been issued and the beneficiaries would like to transfer the property into their names. Which forms are required and are there any fees payable to HM Land Registry? As only four people can be shown as the registered owner of the property, what is the legal position regarding the other beneficiaries (including any minors) who cannot be included on the legal title?
Q&As

A highway authority has a duty under section 60 of the Countryside and Rights of Way Act 2000 to prepare and publish a Rights of Way Improvement Plan. Under section 60(3) the plan must be reviewed not more than ten years after its publication. If a local authority does not review its plan after ten years what sanction or action would the local authority face?
A highway authority has a duty under section 60 of the Countryside and Rights of Way Act 2000 to prepare and publish a Rights of Way Improvement Plan. Under section 60(3) the plan must be reviewed not more than ten years after its publication. If a local authority does not review its plan after ten years what sanction or action would the local authority face?
Q&As

A homes rights notice has been obtained by a spouse in relation to agricultural land that they do not occupy, have never occupied and is not capable of occupation. How may the spouse who solely owns the land seek the removal of the notice?
A homes rights notice has been obtained by a spouse in relation to agricultural land that they do not occupy, have never occupied and is not capable of occupation. How may the spouse who solely owns the land seek the removal of the notice?
Q&As

A house is let by a freeholder landlord (L) to a company tenant (T) under a common law tenancy. T runs a business as a landlord subletting to residents. The common law tenancy contains an express right of re-entry. T may sublet under assured shorthold tenancies. T is in breach of various obligations and the right of re-entry arises. L cannot forfeit by peaceable re-entry in view of occupiers. Can L forfeit using Form N5 and particulars of claim or is he obliged to use the N119 particulars? L cannot rely on sections 8 and 21 of the Housing Act 1988 or even comply with it since he has no details of the occupying subtenants.
A house is let by a freeholder landlord (L) to a company tenant (T) under a common law tenancy. T runs a business as a landlord subletting to residents. The common law tenancy contains an express right of re-entry. T may sublet under assured shorthold tenancies. T is in breach of various obligations and the right of re-entry arises. L cannot forfeit by peaceable re-entry in view of occupiers. Can L forfeit using Form N5 and particulars of claim or is he obliged to use the N119 particulars? L cannot rely on sections 8 and 21 of the Housing Act 1988 or even comply with it since he has no details of the occupying subtenants.
Q&As

A housing association seller has a headlease from the council. The headlease contains an absolute prohibition on underletting. The particular concern is that this could create an issue in future if the buyer/successor-in-title wishes to exercise the right to acquire and apply for a lease extension. The council will not consent to a deed of variation to remove the prohibition on underletting insisting that the statutory rights are sufficient. Does a preserved right to acquire/statutory right to extend a lease prevail over the express provisions of the head lease to the contrary?
A housing association seller has a headlease from the council. The headlease contains an absolute prohibition on underletting. The particular concern is that this could create an issue in future if the buyer/successor-in-title wishes to exercise the right to acquire and apply for a lease extension. The council will not consent to a deed of variation to remove the prohibition on underletting insisting that the statutory rights are sufficient. Does a preserved right to acquire/statutory right to extend a lease prevail over the express provisions of the head lease to the contrary?
Q&As

A husband and wife mortgaged their matrimonial home and applied the mortgage funds to the renovation of a property owned by the wife’s father. The parties then divorced and the husband issued financial proceedings under the Matrimonial Causes Act 1973. The husband wishes to make a separate claim against the wife’s father under the Trusts of Land and Appointment of Trustees Act 1996. What is the limitation period for such a claim, and when would it run from?
A husband and wife mortgaged their matrimonial home and applied the mortgage funds to the renovation of a property owned by the wife’s father. The parties then divorced and the husband issued financial proceedings under the Matrimonial Causes Act 1973. The husband wishes to make a separate claim against the wife’s father under the Trusts of Land and Appointment of Trustees Act 1996. What is the limitation period for such a claim, and when would it run from?
Q&As

A husband and wife own rental properties as tenants in common. The wife has lost capacity to manage her finances and the attorneys under her Lasting Power of Attorney believe that the husband may be trying to sell one of the properties and will be able to persuade his wife to sign the paperwork. Can the attorneys protect the property without having to serve notice on the husband?
A husband and wife own rental properties as tenants in common. The wife has lost capacity to manage her finances and the attorneys under her Lasting Power of Attorney believe that the husband may be trying to sell one of the properties and will be able to persuade his wife to sign the paperwork. Can the attorneys protect the property without having to serve notice on the husband?
Q&As

A judgment creditor has a charging order over a property that was protected by a unilateral notice. A mortgagee in possession has sold the property and the Land Registry has served a B160 notice of an application for registration of a transfer made under a power of sale. What are the mortgagee in possession’s duties in relation to other creditors of registered entries on the title when it enters into possession and exercises its power of sale?
A judgment creditor has a charging order over a property that was protected by a unilateral notice. A mortgagee in possession has sold the property and the Land Registry has served a B160 notice of an application for registration of a transfer made under a power of sale. What are the mortgagee in possession’s duties in relation to other creditors of registered entries on the title when it enters into possession and exercises its power of sale?
Q&As

A judgment debtor sells a property that was subject to an interim charging order. The interim charging order was protected by a Form K restriction at HM Land Registry and the buyer’s solicitor complied with the terms of the restriction by giving notice to the judgment creditor. What remedies are available to a judgment creditor?
A judgment debtor sells a property that was subject to an interim charging order. The interim charging order was protected by a Form K restriction at HM Land Registry and the buyer’s solicitor complied with the terms of the restriction by giving notice to the judgment creditor. What remedies are available to a judgment creditor?
Q&As

A landlord client is entering into an agreement for lease, subject to completion of works. The agreement for lease anticipates that the lease plan may have to be amended before completion of the lease. The amendment will not affect the demise boundary. The changes are likely to relate to the location of buildings within the demised area. Would these changes to the plan affect the validity of the lease exclusion process as an LTBT 1 will need to be served before the agreement for lease is exchanged?
A landlord client is entering into an agreement for lease, subject to completion of works. The agreement for lease anticipates that the lease plan may have to be amended before completion of the lease. The amendment will not affect the demise boundary. The changes are likely to relate to the location of buildings within the demised area. Would these changes to the plan affect the validity of the lease exclusion process as an LTBT 1 will need to be served before the agreement for lease is exchanged?
Q&As

A landlord enters into an agreement to surrender a lease and grant a new lease of a reduced area in the same premises. Is the Landlord under an obligation to obtain an Energy Performance Certificateof the new reduced area?
A landlord enters into an agreement to surrender a lease and grant a new lease of a reduced area in the same premises. Is the Landlord under an obligation to obtain an Energy Performance Certificateof the new reduced area?
Q&As

A landlord granted a six-month assured shorthold tenancy in 2013 and the tenant has remained in occupation since. If the landlord serves a section 21 notice will it be invalid on the basis that the landlord has not served the tenant with an EPC and gas certificate?
A landlord granted a six-month assured shorthold tenancy in 2013 and the tenant has remained in occupation since. If the landlord serves a section 21 notice will it be invalid on the basis that the landlord has not served the tenant with an EPC and gas certificate?
Q&As

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