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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

Reports under section 37 of the Children Act 1989
Reports under section 37 of the Children Act 1989
Practice notes

This Practice Note details the power of the court in family proceedings to make a direction under section 37 of the Children Act 1989 (ChA 1989) for a local authority to investigate the welfare of a child where it appears that a care or supervision order may be required. It sets out the circumstances when a section 37 report should be ordered, which local authority should prepare the report and other directions and orders that may be made by the court. It also provides guidance on the contents of a section 37 report and considerations and actions by the local authority.

Reports under section 7 of the Children Act 1989
Reports under section 7 of the Children Act 1989
Practice notes

This Practice Note details the power of the court in family proceedings to make a direction under section 7 of the Children Act 1989 (ChA 1989) for a welfare report to be prepared by an officer of the Children and Family Court Advisory and Support Service (Cafcass), a Welsh family proceedings officer or someone from the local authority. It sets out when such a report might be necessary, what a section 7 report should cover and the attendance of children and family reporters at court and the recommendations of a report. It also details the Child impact assessment framework introduced by Cafcass.

Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be presented?
Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be presented?
Q&As

Regarding the right to buy, what happens if one of two buyers withdraw during the process due to a marriage separation? It is noted that under section 122(3) of the Housing Act 1985 the notice can be withdrawn at any time, but can one tenant wash their hands with it or does the whole process have to start again? In Form RTB1 any tenant not wishing to proceed initially with the buy has to indicate as such on the form before the claim is made, is there any guidance for when one of two buyers wishes to withdraw mid-process?
Regarding the right to buy, what happens if one of two buyers withdraw during the process due to a marriage separation? It is noted that under section 122(3) of the Housing Act 1985 the notice can be withdrawn at any time, but can one tenant wash their hands with it or does the whole process have to start again? In Form RTB1 any tenant not wishing to proceed initially with the buy has to indicate as such on the form before the claim is made, is there any guidance for when one of two buyers wishes to withdraw mid-process?
Q&As

Registered land is subject to unascertainable restrictive covenants in favour of a water company imposed at the time of a previous sale (the owner does not have a copy of the deed nor is a copy filed at the HM Land Registry). The title provides that the ‘grantor covenants with the Authority to the intent and so as to bind the said strip of land and each and every part thereof in to whosoever hands' the same may come in to and in order to benefit and protect the authorities ‘undertaking or any part thereof…[including]…the said works and the easement granted’. Is this binding on a purchaser and how is any breach remedied?
Registered land is subject to unascertainable restrictive covenants in favour of a water company imposed at the time of a previous sale (the owner does not have a copy of the deed nor is a copy filed at the HM Land Registry). The title provides that the ‘grantor covenants with the Authority to the intent and so as to bind the said strip of land and each and every part thereof in to whosoever hands' the same may come in to and in order to benefit and protect the authorities ‘undertaking or any part thereof…[including]…the said works and the easement granted’. Is this binding on a purchaser and how is any breach remedied?
Q&As

Schedule 1 to the Children Act 1989 (ChA 1989) prohibits the making of an order for a lump sum or for maintenance in favour of a child applicant over the age of 18 for educational expenses where there was an order for maintenance in force relating to the child immediately before they attained the age of 16. Where the child is seeking provision from a parent who was not the payer under the order, and the order has since been discharged, are there any exceptions to ChA 1989, s 2(3)? Is there case law on this issue? What other options may be available in such a scenario if an application under ChA 1989, Sch 1 isn’t feasible?
Schedule 1 to the Children Act 1989 (ChA 1989) prohibits the making of an order for a lump sum or for maintenance in favour of a child applicant over the age of 18 for educational expenses where there was an order for maintenance in force relating to the child immediately before they attained the age of 16. Where the child is seeking provision from a parent who was not the payer under the order, and the order has since been discharged, are there any exceptions to ChA 1989, s 2(3)? Is there case law on this issue? What other options may be available in such a scenario if an application under ChA 1989, Sch 1 isn’t feasible?
Q&As

Section 196 of the Law of Property Act 1925 provides for service at the ‘last-known place of abode’. If a party lives in Canada, must notice still be sent to their last-known UK address in order to be effective?
Section 196 of the Law of Property Act 1925 provides for service at the ‘last-known place of abode’. If a party lives in Canada, must notice still be sent to their last-known UK address in order to be effective?
Q&As

Section 196 of the Law of Property Act 1925 requires notices under the Act to be served 'in writing'. Does 'in writing' include by email?
Section 196 of the Law of Property Act 1925 requires notices under the Act to be served 'in writing'. Does 'in writing' include by email?
Q&As

Section 2(5)(b) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) excepts from the usual section 2 formalities for real estate contracts ‘a contract made in the course of a public auction’. The term ‘public auction’ is not defined in LP(MP)A 1989. Is an online auction capable of being a ‘public auction’?
Section 2(5)(b) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) excepts from the usual section 2 formalities for real estate contracts ‘a contract made in the course of a public auction’. The term ‘public auction’ is not defined in LP(MP)A 1989. Is an online auction capable of being a ‘public auction’?
Q&As

Section 3 of the Landlord and Tenant Act 1985 provides a duty to inform a residential tenant of assignment of landlord’s interest. Is there a similar duty imposed on landlords for commercial premises?
Section 3 of the Landlord and Tenant Act 1985 provides a duty to inform a residential tenant of assignment of landlord’s interest. Is there a similar duty imposed on landlords for commercial premises?
Q&As

Section 4(2)(e) of the Landlord and Tenant Act 1987 provides an exemption to the requirement that qualifying tenants have a statutory first right of refusal to a disposal. If three unrelated joint tenants intend to transfer the interest to the wife of just one of them, would this fall within the exemption?
Section 4(2)(e) of the Landlord and Tenant Act 1987 provides an exemption to the requirement that qualifying tenants have a statutory first right of refusal to a disposal. If three unrelated joint tenants intend to transfer the interest to the wife of just one of them, would this fall within the exemption?
Q&As

Section 46(3A)(a) of the Family Law Act 1996 provides that the court shall not accept an undertaking instead of making a non-molestation order, where it appears to the court that the respondent has used or threatened violence against the applicant or a relevant child. In such a case, where both parties wish to resolve the proceedings by an undertaking and the court refuses to accept an undertaking, are there any other options available to the parties?
Section 46(3A)(a) of the Family Law Act 1996 provides that the court shall not accept an undertaking instead of making a non-molestation order, where it appears to the court that the respondent has used or threatened violence against the applicant or a relevant child. In such a case, where both parties wish to resolve the proceedings by an undertaking and the court refuses to accept an undertaking, are there any other options available to the parties?
Q&As

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?
Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?
Q&As

Section 81 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) allows the Landlord to serve notice on a sub-tenant diverting the sub-rent to the landlord. TCEA 2007, s 81(1) provides that the 'section applies where CRAR is exercisable by a landlord to recover rent due and payable from a tenant (the immediate tenant).' If the tenant is in administration, and CRAR is not exercisable by the landlord due to there being a moratorium in place and no court leave/ administrator’s consent to proceed, does that affect the landlord’s ability to serve a section 81 notice? Or does TCEA 2007, s 81(1) just mean that provided that the landlord can show there is a commercial lease, min rent outstanding etc, then it can serve the section 81 notice?
Section 81 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) allows the Landlord to serve notice on a sub-tenant diverting the sub-rent to the landlord. TCEA 2007, s 81(1) provides that the 'section applies where CRAR is exercisable by a landlord to recover rent due and payable from a tenant (the immediate tenant).' If the tenant is in administration, and CRAR is not exercisable by the landlord due to there being a moratorium in place and no court leave/ administrator’s consent to proceed, does that affect the landlord’s ability to serve a section 81 notice? Or does TCEA 2007, s 81(1) just mean that provided that the landlord can show there is a commercial lease, min rent outstanding etc, then it can serve the section 81 notice?
Q&As

Section 9B of the Landlord and Tenant Act 1987 (LTA 1987) provides that a landlord, once valid section 5 notices have been accepted, can serve a withdrawal notice on a nominated person to no longer proceed with the sale of the freehold. If this is done before the end of the first four weeks of the nomination period, the landlord is not required to contribute towards the tenants legal costs (LTA 1987, s 9B(3)). If the identity of the nominated purchaser has not been confirmed by the end of the four-week period, could the landlord be permitted to withdraw by serving withdrawal notices on the tenants as the best option available to it?
Section 9B of the Landlord and Tenant Act 1987 (LTA 1987) provides that a landlord, once valid section 5 notices have been accepted, can serve a withdrawal notice on a nominated person to no longer proceed with the sale of the freehold. If this is done before the end of the first four weeks of the nomination period, the landlord is not required to contribute towards the tenants legal costs (LTA 1987, s 9B(3)). If the identity of the nominated purchaser has not been confirmed by the end of the four-week period, could the landlord be permitted to withdraw by serving withdrawal notices on the tenants as the best option available to it?
Q&As

Should a potential lender have any concerns about the enforceability an arrangement to share the profits of the sale of a property in return for the advance of a loan sum to a family member which is secured by way of a second legal mortgage?
Should a potential lender have any concerns about the enforceability an arrangement to share the profits of the sale of a property in return for the advance of a loan sum to a family member which is secured by way of a second legal mortgage?
Q&As

Should a prospective tenant protect its agreement for lease by registering a unilateral notice against the landlord’s title? What are the consequences if the tenant does not do so?
Should a prospective tenant protect its agreement for lease by registering a unilateral notice against the landlord’s title? What are the consequences if the tenant does not do so?
Q&As

Should an application for an interim third party debt order filed to enforce a judgment in default be withdrawn after the judgment debtor files an application to set aside the judgment in default?
Should an application for an interim third party debt order filed to enforce a judgment in default be withdrawn after the judgment debtor files an application to set aside the judgment in default?
Q&As

Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?
Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?
Q&As

Surveyors for the landlord and tenant have been negotiating on a schedule of dilapidations as part of negotiations for a lease renewal, however it has not been formally served on the tenant at their registered office or the property—should this still be done (despite the fact the tenant is aware and it is being negotiated by their surveyor)?
Surveyors for the landlord and tenant have been negotiating on a schedule of dilapidations as part of negotiations for a lease renewal, however it has not been formally served on the tenant at their registered office or the property—should this still be done (despite the fact the tenant is aware and it is being negotiated by their surveyor)?
Q&As

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