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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

Is a tenant a qualifying tenant for the purposes of sections 39 and 42 of the Leasehold Reform, Housing and Urban Development Act 1993 for a new/extended lease where the title to the lessee’s flat is unregistered and comprised of just a series of assignments (Wellcome Trust v Baulackey)? Would this still apply based on the circumstances below that the tenant would not qualify if their lease was assigned to them prior to 2002, ie compulsory registration?
Is a tenant a qualifying tenant for the purposes of sections 39 and 42 of the Leasehold Reform, Housing and Urban Development Act 1993 for a new/extended lease where the title to the lessee’s flat is unregistered and comprised of just a series of assignments (Wellcome Trust v Baulackey)? Would this still apply based on the circumstances below that the tenant would not qualify if their lease was assigned to them prior to 2002, ie compulsory registration?
Q&As

Is an assent by the personal representative of a deceased person's estate a 'relevant disposal' for the purposes of the Localism Act 2011?
Is an assent by the personal representative of a deceased person's estate a 'relevant disposal' for the purposes of the Localism Act 2011?
Q&As

Is an employee's manager required to share personal information, ie mental health conditions, to a prospective new manager if that employee is transferring to a different team within the same company? If the former manager did not share the information and issues arose in the new team, would the new manager be deemed to have knowledge of the disability?
Is an employee's manager required to share personal information, ie mental health conditions, to a prospective new manager if that employee is transferring to a different team within the same company? If the former manager did not share the information and issues arose in the new team, would the new manager be deemed to have knowledge of the disability?
Q&As

Is an Energy Performance Certificate defective/invalid if it refers to the correct address but an incorrect postcode in the property description?
Is an Energy Performance Certificate defective/invalid if it refers to the correct address but an incorrect postcode in the property description?
Q&As

Is an EPC required for a remortgage on a commercial property?
Is an EPC required for a remortgage on a commercial property?
Q&As

Is an EPC required where a lease is extended by a housing association under Leasehold Reform, Housing and Urban Development Act 1993? Do the minimum energy efficiency standard under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962 apply to such a lease extension and if so, who is responsible for any upgrade works?
Is an EPC required where a lease is extended by a housing association under Leasehold Reform, Housing and Urban Development Act 1993? Do the minimum energy efficiency standard under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962 apply to such a lease extension and if so, who is responsible for any upgrade works?
Q&As

Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)?
Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)?
Q&As

Is an obligation to contribute to the costs of maintaining a right of way automatically extinguished if the right of way is released?
Is an obligation to contribute to the costs of maintaining a right of way automatically extinguished if the right of way is released?
Q&As

Is an oral agreement where someone occupies property and the only term agreed was that rent was £600 per month a tenancy at will? If so, can the landlord evict the tenant immediately?
Is an oral agreement where someone occupies property and the only term agreed was that rent was £600 per month a tenancy at will? If so, can the landlord evict the tenant immediately?
Q&As

Is any authority that an occupation rent should not be payable while there are dependent children residing in a jointly owned property, either in relation to a claim under the Trusts of Land and Appointment of Trustees Act 1996 or for financial provision under the Matrimonial Causes Act 1973?
Is any authority that an occupation rent should not be payable while there are dependent children residing in a jointly owned property, either in relation to a claim under the Trusts of Land and Appointment of Trustees Act 1996 or for financial provision under the Matrimonial Causes Act 1973?
Q&As

Is it a requirement to issue a claim in the Technology and Construction Court using CE-filing?
Is it a requirement to issue a claim in the Technology and Construction Court using CE-filing?
Q&As

Is it compulsory to include the notes in the Notice of Invitation to Participate pursuant to the Right to Manage regulations?
Is it compulsory to include the notes in the Notice of Invitation to Participate pursuant to the Right to Manage regulations?
Q&As

Is it correct that access over a publicly maintained verge is permitted by vehicles and pedestrians, but that action for damage caused to the verge can be taken against users?
Is it correct that access over a publicly maintained verge is permitted by vehicles and pedestrians, but that action for damage caused to the verge can be taken against users?
Q&As

Is it necessary to adjourn proceedings regarding finances pending the outcome of proceedings under the Children Act 1989 and are there any authorities or case law on this?
Is it necessary to adjourn proceedings regarding finances pending the outcome of proceedings under the Children Act 1989 and are there any authorities or case law on this?
Q&As

Is it permissible to release a copy of a court bundle in proceedings under the Children Act 1989 to a witness coach, and if so what is the authority for that?
Is it permissible to release a copy of a court bundle in proceedings under the Children Act 1989 to a witness coach, and if so what is the authority for that?
Q&As

Is it possible for a cohabitation contract to provide that the ownership of the family home shall remain solely with one party (legally and beneficially) to exclude any right of action that the other party might have regarding a claim for a beneficial interest in the property using any of the principles of proprietary estoppel, common intention constructive trust, or equitable accounting?
Is it possible for a cohabitation contract to provide that the ownership of the family home shall remain solely with one party (legally and beneficially) to exclude any right of action that the other party might have regarding a claim for a beneficial interest in the property using any of the principles of proprietary estoppel, common intention constructive trust, or equitable accounting?
Q&As

Is it possible for a landowner to grant a lease of an easement for a term of years with payments of periodic rent? If so, do you have a precedent for this?
Is it possible for a landowner to grant a lease of an easement for a term of years with payments of periodic rent? If so, do you have a precedent for this?
Q&As

Is it possible for a tenant to recover overpayments of rent made to the landlord’s predecessor-in-title? Is the claim made against the predecessor or the current landlord?
Is it possible for a tenant to recover overpayments of rent made to the landlord’s predecessor-in-title? Is the claim made against the predecessor or the current landlord?
Q&As

Is it possible for an easement for access to be granted over a possessory title, to benefit a freehold title absolute? If so, would this right be extinguished if the possessory title was challenged at a later date?
Is it possible for an easement for access to be granted over a possessory title, to benefit a freehold title absolute? If so, would this right be extinguished if the possessory title was challenged at a later date?
Q&As

Is it possible for one joint legal owner of a property to instruct an estate agent to accept an offer on the property without the consent of the other joint legal owner?
Is it possible for one joint legal owner of a property to instruct an estate agent to accept an offer on the property without the consent of the other joint legal owner?
Q&As

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