LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us

4 King’s Bench Walk

Experts

3

Filter by: Practice area
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

It states in the insolvency service guidelines,’Where an original lease held in the sole name of the insolvent is disclaimed the effect is to determine (end) the lease whereas if an assigned lease is disclaimed, it reverts to the assignor’. What is the position with the assigned lease, if the assignor company is now dissolved? Does this mean the disclaimed lease reverts to the Crown and so they have to therefore elect to Disclaim the lease also?
It states in the insolvency service guidelines,’Where an original lease held in the sole name of the insolvent is disclaimed the effect is to determine (end) the lease whereas if an assigned lease is disclaimed, it reverts to the assignor’. What is the position with the assigned lease, if the assignor company is now dissolved? Does this mean the disclaimed lease reverts to the Crown and so they have to therefore elect to Disclaim the lease also?
Q&As

Joint landlords (who are unrelated) of a block of flats wish to transfer the freehold from both of the joint landlords to one of the joint landlords (ie A&B transfer to B) for valuable consideration. Assuming that the tenants qualify, is this a disposal for the purposes of the Landlord and Tenant Act 1987?
Joint landlords (who are unrelated) of a block of flats wish to transfer the freehold from both of the joint landlords to one of the joint landlords (ie A&B transfer to B) for valuable consideration. Assuming that the tenants qualify, is this a disposal for the purposes of the Landlord and Tenant Act 1987?
Q&As

Lease renewal proceedings have been issued. The form and terms of the lease are agreed but the tenant (T) has delayed while they decide whether to complete or vacate. As a result of the delay a directions hearing is listed. There is no application by the landlord (L) for an unless order, but as part of the agreed directions T agrees to a direction that unless they complete the agreed lease by a set date their claim for a new lease will be struck out. T then completes the lease before the date set. Does L have any basis for claiming the costs of the litigation arising out of the delay? How does the Costs of Leases Act 1958 interact with lease renewals in this regard, if at all?
Lease renewal proceedings have been issued. The form and terms of the lease are agreed but the tenant (T) has delayed while they decide whether to complete or vacate. As a result of the delay a directions hearing is listed. There is no application by the landlord (L) for an unless order, but as part of the agreed directions T agrees to a direction that unless they complete the agreed lease by a set date their claim for a new lease will be struck out. T then completes the lease before the date set. Does L have any basis for claiming the costs of the litigation arising out of the delay? How does the Costs of Leases Act 1958 interact with lease renewals in this regard, if at all?
Q&As

Leaseholders of a block of flats qualify for a collective enfranchisement claim pursuant to the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993). The freehold reversionary title is held by two individuals, one of whom cannot be traced. Would the absent landlord provisions in LRHUDA 1993, ss 26 and 27 apply? If not, can a section 13 notice be served on the other landlord, whose whereabouts are known? Would that constitute valid service?
Leaseholders of a block of flats qualify for a collective enfranchisement claim pursuant to the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993). The freehold reversionary title is held by two individuals, one of whom cannot be traced. Would the absent landlord provisions in LRHUDA 1993, ss 26 and 27 apply? If not, can a section 13 notice be served on the other landlord, whose whereabouts are known? Would that constitute valid service?
Q&As

Major works were carried out by the landlord to a commercial unit but not invoiced to the tenant and not recovered as service charge. The lease ended and a new lease was granted to the tenant. Can works that were carried out under the old lease be charged as service charge under the new lease when there are no clauses in the new lease allowing the landlord to claim for services provided during the old lease? Can the tenant be held liable for the works under the old lease once it has expired and no invoice was rendered during the term of the lease?
Major works were carried out by the landlord to a commercial unit but not invoiced to the tenant and not recovered as service charge. The lease ended and a new lease was granted to the tenant. Can works that were carried out under the old lease be charged as service charge under the new lease when there are no clauses in the new lease allowing the landlord to claim for services provided during the old lease? Can the tenant be held liable for the works under the old lease once it has expired and no invoice was rendered during the term of the lease?
Q&As

Merger of a leasehold interest and its reversionary estate does not take place immediately at the time of vesting. The intention needs to be expressed and the leasehold interest determined by the tenant applying to the Land Registry either to cancel notice of the lease and close the registered leasehold title or for merger of an unregistered leasehold estate as part of an application for first registration of the reversionary estate, whichever applies. Is there a time period in which the intention to merge by way of application to the Land Registry needs to be expressed?
Merger of a leasehold interest and its reversionary estate does not take place immediately at the time of vesting. The intention needs to be expressed and the leasehold interest determined by the tenant applying to the Land Registry either to cancel notice of the lease and close the registered leasehold title or for merger of an unregistered leasehold estate as part of an application for first registration of the reversionary estate, whichever applies. Is there a time period in which the intention to merge by way of application to the Land Registry needs to be expressed?
Q&As

Must a section 26 notice be served separately on both the landlord and the superior landlord by the occupational tenant, assuming they could each be described as a 'competent landlord'? If yes, can the notice be served at different dates whilst stating the same termination date, or must they be served at the same date and at the same time?
Must a section 26 notice be served separately on both the landlord and the superior landlord by the occupational tenant, assuming they could each be described as a 'competent landlord'? If yes, can the notice be served at different dates whilst stating the same termination date, or must they be served at the same date and at the same time?
Q&As

Must a seller obtain a missing covenant indemnity policy if they cannot produce a copy of the 1951 conveyance which contains the provision of restrictive covenants?
Must a seller obtain a missing covenant indemnity policy if they cannot produce a copy of the 1951 conveyance which contains the provision of restrictive covenants?
Q&As

Must the competent landlord serve a section 45 counter-notice under the Leasehold Reform, Housing and Urban Development Act 1993 or can/must an intermediate landlord serve one too?
Must the competent landlord serve a section 45 counter-notice under the Leasehold Reform, Housing and Urban Development Act 1993 or can/must an intermediate landlord serve one too?
Q&As

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus (COVID-19). What should we do?
My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus (COVID-19). What should we do?
Q&As

My client granted a lease for a term of 20 years, within the protection of the Landlord and Tenant Act 1954. Sometime after expiry of the contractual term, the tenant served a section 26 notice. The landlord proposed new terms and an extension of time to negotiate the lease was agreed between the parties. At this stage the tenant vacated the property and did not hand over the keys. Can the landlord serve a Schedule of Dilapidations on the tenant?
My client granted a lease for a term of 20 years, within the protection of the Landlord and Tenant Act 1954. Sometime after expiry of the contractual term, the tenant served a section 26 notice. The landlord proposed new terms and an extension of time to negotiate the lease was agreed between the parties. At this stage the tenant vacated the property and did not hand over the keys. Can the landlord serve a Schedule of Dilapidations on the tenant?
Q&As

My client is a newly incorporated charitable incorporated organisation (CIO). Title to the property is registered in the name of two former trustees who are alive but have no involvement in the CIO. The former trustees are agreeable to transferring the property to the CIO. There is currently a Form A restriction on the title register which will not automatically be removed. How can the Form A restriction be removed upon registering the CIO as the proprietor (there are currently three trustees)? Usually, Form ST5 accompanied by Form RX3 is required but this does not seem to fit these circumstances.
My client is a newly incorporated charitable incorporated organisation (CIO). Title to the property is registered in the name of two former trustees who are alive but have no involvement in the CIO. The former trustees are agreeable to transferring the property to the CIO. There is currently a Form A restriction on the title register which will not automatically be removed. How can the Form A restriction be removed upon registering the CIO as the proprietor (there are currently three trustees)? Usually, Form ST5 accompanied by Form RX3 is required but this does not seem to fit these circumstances.
Q&As

My client is ill and or is self isolating due to coronavirus (COVID-19). What steps can be taken in the event they cannot report for bail, attend court or attend an arranged interview under caution?
My client is ill and or is self isolating due to coronavirus (COVID-19). What steps can be taken in the event they cannot report for bail, attend court or attend an arranged interview under caution?
Q&As

My client was due to execute a settlement agreement by deed at our offices. Where that individual is no longer able or willing to travel, can they sign, and their signature be witnessed, remotely?
My client was due to execute a settlement agreement by deed at our offices. Where that individual is no longer able or willing to travel, can they sign, and their signature be witnessed, remotely?
Q&As

My client’s defence statement is due to be served but my client is in self isolation and can’t sign it. What can I do?
My client’s defence statement is due to be served but my client is in self isolation and can’t sign it. What can I do?
Q&As

My clients have a right of way to 'pass and repass over and along the passageway on foot with or without handcarts and barrows', contained in their conveyance. This means that they can pass over their neighbours property. The neighbour is complaining that to pass and repass does not mean that they can take their dog out along the passageway and is preventing them from doing so, stating that they can pass on foot only, without their dog. I cannot find any authority where a dog has formed the basis of a claim. Could you advise the extent to which this term permits use and if there is authority suggesting my client is well within their right to walk their dog through twice daily?
My clients have a right of way to 'pass and repass over and along the passageway on foot with or without handcarts and barrows', contained in their conveyance. This means that they can pass over their neighbours property. The neighbour is complaining that to pass and repass does not mean that they can take their dog out along the passageway and is preventing them from doing so, stating that they can pass on foot only, without their dog. I cannot find any authority where a dog has formed the basis of a claim. Could you advise the extent to which this term permits use and if there is authority suggesting my client is well within their right to walk their dog through twice daily?
Q&As

On a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), notwithstanding LRHUDA 1993, Sch 13 which stipulates a precise calculation, can the premium be a nominal premium of £1 where the tenant is also a shareholder in the management company which owns the freehold?
On a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), notwithstanding LRHUDA 1993, Sch 13 which stipulates a precise calculation, can the premium be a nominal premium of £1 where the tenant is also a shareholder in the management company which owns the freehold?
Q&As

On a sale of a residential flat where a reserve fund contribution is paid on account by the seller, can the seller require the reserve fund contribution to be apportioned between the seller and the buyer with the apportioned part to be reimbursed to the seller by the buyer at completion?
On a sale of a residential flat where a reserve fund contribution is paid on account by the seller, can the seller require the reserve fund contribution to be apportioned between the seller and the buyer with the apportioned part to be reimbursed to the seller by the buyer at completion?
Q&As

On an application for the termination of a periodical payments order, can the court take into account shares owned by the paying party? If so, can the court make an order that the shares (or income from the shares) be transferred/paid to the receiving party, where the paying party does not have sufficient income from employment or savings to continue paying the maintenance, in order to capitalise the periodical payments order?
On an application for the termination of a periodical payments order, can the court take into account shares owned by the paying party? If so, can the court make an order that the shares (or income from the shares) be transferred/paid to the receiving party, where the paying party does not have sufficient income from employment or savings to continue paying the maintenance, in order to capitalise the periodical payments order?
Q&As

On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?
On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?
Q&As

First 45 46 47 48 49 50 Last

If you expected to see yourself on this page, click here.