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4 King’s Bench Walk

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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

T’s Will establishes a nil rate band trust, the beneficiaries of which are T’s children. The residue of T’s estate is left to T’s surviving spouse, W. What steps can T’s children take to redirect their entitlement under the Will Trust to W?
T’s Will establishes a nil rate band trust, the beneficiaries of which are T’s children. The residue of T’s estate is left to T’s surviving spouse, W. What steps can T’s children take to redirect their entitlement under the Will Trust to W?
Q&As

Taking into account section 42.2 of the Landlord and Tenant Act 1954, does an assignment from group company to another mean that no real assignment has taken place?
Taking into account section 42.2 of the Landlord and Tenant Act 1954, does an assignment from group company to another mean that no real assignment has taken place?
Q&As

Taking into account that an adult child has the right to apply for a periodical payments order or a lump sum under Schedule 1 to the Children Act 1989 if they remain in education (or exceptional circumstances apply) unless there was a periodical payments order immediately in force before their 16th birthday, and that an adult child has the right to apply for a revival of an order for periodical payments that ceased before they reached 18 (or the a variation of an order), what are the options for a parent who wishes to make an application against the other parent in respect of a child who is 17 and will be commencing their tertiary education? Can an order be made in favour of that parent for the benefit of the child during the child’s tertiary education?
Taking into account that an adult child has the right to apply for a periodical payments order or a lump sum under Schedule 1 to the Children Act 1989 if they remain in education (or exceptional circumstances apply) unless there was a periodical payments order immediately in force before their 16th birthday, and that an adult child has the right to apply for a revival of an order for periodical payments that ceased before they reached 18 (or the a variation of an order), what are the options for a parent who wishes to make an application against the other parent in respect of a child who is 17 and will be commencing their tertiary education? Can an order be made in favour of that parent for the benefit of the child during the child’s tertiary education?
Q&As

Tenants have been in the same residential property since 1982 and are charged a fair rent. They have requested to relocate into a neighbouring property (owned by the same landlord). Will the landlord have to charge them a fair rent in the new property, or can the landlord set up an AST? The tenants wish to relocate of their own free will, not at the request or insistence of the landlord.
Tenants have been in the same residential property since 1982 and are charged a fair rent. They have requested to relocate into a neighbouring property (owned by the same landlord). Will the landlord have to charge them a fair rent in the new property, or can the landlord set up an AST? The tenants wish to relocate of their own free will, not at the request or insistence of the landlord.
Q&As

Tenants rent a pub on a commercial lease of ten years. They also live in the pub. The landlord has issued a claim for possession based on rent arrears. Is the landlord required in addition to serve a notice under sections 8 or 21 of the Housing Act 1988 in respect of the residential occupation?
Tenants rent a pub on a commercial lease of ten years. They also live in the pub. The landlord has issued a claim for possession based on rent arrears. Is the landlord required in addition to serve a notice under sections 8 or 21 of the Housing Act 1988 in respect of the residential occupation?
Q&As

The charges register of a property contains an entry to the effect that the property is subject to such liability to Corn Rent as may be subsisting in relation to it. What is the risk to a purchaser in respect of such an entry and could any potential liability be covered by indemnity insurance?
The charges register of a property contains an entry to the effect that the property is subject to such liability to Corn Rent as may be subsisting in relation to it. What is the risk to a purchaser in respect of such an entry and could any potential liability be covered by indemnity insurance?
Q&As

The client is buying a property to develop. There is a gated access route through the car park at the property which is used by the public to access a park. It is unclear who installed the gate or when. The buyer is concerned that he will not be able to build over or block the access route if there are rights to use it. What should the buyer do to protect its position and allow the development to proceed?
The client is buying a property to develop. There is a gated access route through the car park at the property which is used by the public to access a park. It is unclear who installed the gate or when. The buyer is concerned that he will not be able to build over or block the access route if there are rights to use it. What should the buyer do to protect its position and allow the development to proceed?
Q&As

The cohabitee of a deceased property owner has moved out of the home they shared. She has removed all her belongings and cancelled direct debits for utilities and rent. The property was in the shared ownership of the deceased and a housing association. Are the deceased’s executors entitled to take possession of the property or might it be an offence under the Protection from Eviction Act? The cohabitee currently resides in other premises under an assured shorthold tenancy but states that she wishes to return to the deceased’s property at some unspecified date.
The cohabitee of a deceased property owner has moved out of the home they shared. She has removed all her belongings and cancelled direct debits for utilities and rent. The property was in the shared ownership of the deceased and a housing association. Are the deceased’s executors entitled to take possession of the property or might it be an offence under the Protection from Eviction Act? The cohabitee currently resides in other premises under an assured shorthold tenancy but states that she wishes to return to the deceased’s property at some unspecified date.
Q&As

The courts have restricted the exercise of the right of independent action in certain areas, including the decision to immunise a child as part of preventative health care. Would this approach include the coronavirus (COVID-19) vaccination and, if so, do both parents need to consent to a child having a coronavirus vaccination?
The courts have restricted the exercise of the right of independent action in certain areas, including the decision to immunise a child as part of preventative health care. Would this approach include the coronavirus (COVID-19) vaccination and, if so, do both parents need to consent to a child having a coronavirus vaccination?
Q&As

The decree absolute in divorce proceedings was pronounced over 20 years ago. The parties did not deal with finances at that time and the party who now wishes to make an application for financial orders has since remarried. Neither party retained a copy of the divorce petition. How can it be ascertained whether a prayer for ancillary relief was included in the petition? If that information is not available, what would be the approach of the court?
The decree absolute in divorce proceedings was pronounced over 20 years ago. The parties did not deal with finances at that time and the party who now wishes to make an application for financial orders has since remarried. Neither party retained a copy of the divorce petition. How can it be ascertained whether a prayer for ancillary relief was included in the petition? If that information is not available, what would be the approach of the court?
Q&As

The defendant has failed to file a budget discussion report when one is required. Is the defendant taken to agree to the claimant's budget in full or are there any other sanctions that might apply?
The defendant has failed to file a budget discussion report when one is required. Is the defendant taken to agree to the claimant's budget in full or are there any other sanctions that might apply?
Q&As

The employment contract includes a provision allowing the employer to recover money for training costs etc if the employee chooses to leave employment. Can the employer rely on that provision in circumstances where the employee resigns in response to a fundamental breach of contract by the employer that entitles them to do so?
The employment contract includes a provision allowing the employer to recover money for training costs etc if the employee chooses to leave employment. Can the employer rely on that provision in circumstances where the employee resigns in response to a fundamental breach of contract by the employer that entitles them to do so?
Q&As

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations 2015) do not apply to a tenancy granted for a term certain of 99 years or more (MEES Regulations 2015, reg 20(3)(b)). Will this exclusion still apply to a very long tenancy that contains a break option in the lease?
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations 2015) do not apply to a tenancy granted for a term certain of 99 years or more (MEES Regulations 2015, reg 20(3)(b)). Will this exclusion still apply to a very long tenancy that contains a break option in the lease?
Q&As

The executors of a tenant wish to serve a section 42 notice on the landlord. Which address should the notice be served upon? Will the landlord’s registered office address suffice? The executors have not received any rent demands or communication from the landlord to confirm its address.
The executors of a tenant wish to serve a section 42 notice on the landlord. Which address should the notice be served upon? Will the landlord’s registered office address suffice? The executors have not received any rent demands or communication from the landlord to confirm its address.
Q&As

The failure to register a long lease created out of an existing registered reversion means that the grant of the lease cannot ‘operate at law’ (section 27(1) of the Land Registration Act 2002). Assuming that the guarantor was an original party to the lease, will a guarantee for the lease be effective if the registrable lease has not been registered?
The failure to register a long lease created out of an existing registered reversion means that the grant of the lease cannot ‘operate at law’ (section 27(1) of the Land Registration Act 2002). Assuming that the guarantor was an original party to the lease, will a guarantee for the lease be effective if the registrable lease has not been registered?
Q&As

The family home is registered in the sole name of one spouse and the other spouse registered their home rights under the Family Law Act 1996. Decree absolute has been pronounced, but there are no financial proceedings. What rights does the non-owning spouse have to remain in the property in the event that they made an application to extend their home rights before decree absolute, or where they did not make an application to extend their home rights? In what other ways could the non-owning spouse protect both their interest in the property and their occupation of the property?
The family home is registered in the sole name of one spouse and the other spouse registered their home rights under the Family Law Act 1996. Decree absolute has been pronounced, but there are no financial proceedings. What rights does the non-owning spouse have to remain in the property in the event that they made an application to extend their home rights before decree absolute, or where they did not make an application to extend their home rights? In what other ways could the non-owning spouse protect both their interest in the property and their occupation of the property?
Q&As

The father was not included on the birth certificate of a child because he died before the child was born. There is no dispute as to parentage and the mother would like the birth certificate amended to include the deceased father. Is a declaration of parentage required, or can the birth certificate be amended by statutory declaration?
The father was not included on the birth certificate of a child because he died before the child was born. There is no dispute as to parentage and the mother would like the birth certificate amended to include the deceased father. Is a declaration of parentage required, or can the birth certificate be amended by statutory declaration?
Q&As

The freeholder of a block of flats wants to transfer the freehold. There are long leases of all flats, but the applications to register the leases have not yet been processed. Is it still necessary for the freeholder to serve notices on the leaseholders under section 5 of the Landlord and Tenant Act 1987? If yes, is it sufficient to serve notices just at the leasehold addresses?
The freeholder of a block of flats wants to transfer the freehold. There are long leases of all flats, but the applications to register the leases have not yet been processed. Is it still necessary for the freeholder to serve notices on the leaseholders under section 5 of the Landlord and Tenant Act 1987? If yes, is it sufficient to serve notices just at the leasehold addresses?
Q&As

The freeholder of a mixed use residential and commercial property would like to forfeit the lease on grounds of non-payment of rent. To start proceedings, is there a specific claim form and particulars of claim that needs to be used?
The freeholder of a mixed use residential and commercial property would like to forfeit the lease on grounds of non-payment of rent. To start proceedings, is there a specific claim form and particulars of claim that needs to be used?
Q&As

The grant of an underlease for a term equal to or longer than the residue of the term of the lease takes effect as an assignment of the lease (Milmo v Carreras). If the lease is an unregistered lease with more than seven years to run, does that assignment trigger first registration of the lease under section 4(1)(a) and (2)(b) of the Land Registration Act 2002 (LRA 2002), or does it amount to a transfer by operation of law within LRA 2002, s 4(3) so that no requirement for first registration is triggered?
The grant of an underlease for a term equal to or longer than the residue of the term of the lease takes effect as an assignment of the lease (Milmo v Carreras). If the lease is an unregistered lease with more than seven years to run, does that assignment trigger first registration of the lease under section 4(1)(a) and (2)(b) of the Land Registration Act 2002 (LRA 2002), or does it amount to a transfer by operation of law within LRA 2002, s 4(3) so that no requirement for first registration is triggered?
Q&As

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