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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 landlord granted an assured shorthold tenancy in December 2013, for a fixed term of 12 months, and the tenant has since remained in occupation pursuant to a statutory periodic tenancy following the expiry of the fixed term. Can a section 21 notice be served on the tenant where no energy performance certificate, gas safety certificate or government booklet has ever been given to the tenant during either the tenancy or the statutory tenancy?
A landlord granted an assured shorthold tenancy in December 2013, for a fixed term of 12 months, and the tenant has since remained in occupation pursuant to a statutory periodic tenancy following the expiry of the fixed term. Can a section 21 notice be served on the tenant where no energy performance certificate, gas safety certificate or government booklet has ever been given to the tenant during either the tenancy or the statutory tenancy?
Q&As

A landlord grants a grazing licence in 1992. On expiry the licensee remains in occupation of the land and subsequently claims that the licence has been converted into some form of agricultural tenancy. If there is a dispute between both parties as to whether or not the tenant is a licensee, what is the appropriate forum for resolving the issue? Will the date on which it is claimed that the licence converted into a tenancy have any effect upon the appropriate forum?
A landlord grants a grazing licence in 1992. On expiry the licensee remains in occupation of the land and subsequently claims that the licence has been converted into some form of agricultural tenancy. If there is a dispute between both parties as to whether or not the tenant is a licensee, what is the appropriate forum for resolving the issue? Will the date on which it is claimed that the licence converted into a tenancy have any effect upon the appropriate forum?
Q&As

A landlord grants a lease of part of its property (Plot A) with a right of way over its adjoining land (Plot B) and tenant covenants not to obstruct the right of way, make good damage, etc. If the landlord sells Plot B to a third-party buyer, will the buyer have the benefit of the tenant covenants? Ie is this a split reversion for the purposes for the Landlord and Tenant (Covenants) Act 1995 even though the landlord has not assigned any interest in the ‘demised premises’ (Plot A))? If so, does that mean the landlord can no longer serve the Landlord and Tenant Act 1954 notices without the new owner of Plot B?
A landlord grants a lease of part of its property (Plot A) with a right of way over its adjoining land (Plot B) and tenant covenants not to obstruct the right of way, make good damage, etc. If the landlord sells Plot B to a third-party buyer, will the buyer have the benefit of the tenant covenants? Ie is this a split reversion for the purposes for the Landlord and Tenant (Covenants) Act 1995 even though the landlord has not assigned any interest in the ‘demised premises’ (Plot A))? If so, does that mean the landlord can no longer serve the Landlord and Tenant Act 1954 notices without the new owner of Plot B?
Q&As

A landlord has been asked to grant consent to an assignment. The lease expires on 31 May 2017, and the current tenant had asked for a reversionary lease to be granted to run from 1 June 2017 (which the landlord agreed to). Can the tenant be asked to give an AGA for the assignee during the term of both the current lease and the reversionary lease (until released by the LT(C)A 1995)?
A landlord has been asked to grant consent to an assignment. The lease expires on 31 May 2017, and the current tenant had asked for a reversionary lease to be granted to run from 1 June 2017 (which the landlord agreed to). Can the tenant be asked to give an AGA for the assignee during the term of both the current lease and the reversionary lease (until released by the LT(C)A 1995)?
Q&As

A landlord has served a notice on tenants under section 5 of the Landlord and Tenant Act 1987. Can the tenants service a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 if they do not accept the offer? Can the landlord dispose of the freehold upon expiry of the section 5 notice?
A landlord has served a notice on tenants under section 5 of the Landlord and Tenant Act 1987. Can the tenants service a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 if they do not accept the offer? Can the landlord dispose of the freehold upon expiry of the section 5 notice?
Q&As

A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and has since been removed. The landlord has obtained the health and safety executive notification of asbestos work and also the consignment note for the removal of the asbestos. Does the landlord still need to provide to the tenant an up-to-date asbestos survey or is the documentation showing the removal of the asbestos sufficient?
A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and has since been removed. The landlord has obtained the health and safety executive notification of asbestos work and also the consignment note for the removal of the asbestos. Does the landlord still need to provide to the tenant an up-to-date asbestos survey or is the documentation showing the removal of the asbestos sufficient?
Q&As

A landlord is renting out a plot of land on a caravan site. The licensee is living in a wooden shed (which is removable, but would collapse if moved) on the plot of land. The shed was not constructed by the landlord but by individuals who previously rented the plot. The shed has been in place for around 80 years. The licensee has stopped paying rent for the plot of land and the landlord wants to evict them and dismantle the shed. The licensee is refusing to leave. What remedies are available to the landlord?
A landlord is renting out a plot of land on a caravan site. The licensee is living in a wooden shed (which is removable, but would collapse if moved) on the plot of land. The shed was not constructed by the landlord but by individuals who previously rented the plot. The shed has been in place for around 80 years. The licensee has stopped paying rent for the plot of land and the landlord wants to evict them and dismantle the shed. The licensee is refusing to leave. What remedies are available to the landlord?
Q&As

A landlord is seeking possession of an assured shorthold tenancy under section 8 of the Housing Act 1988, relying on grounds 2 and 14. Can the landlord issue proceedings as soon as it serves notice under section 8 or must it wait for two months from service?
A landlord is seeking possession of an assured shorthold tenancy under section 8 of the Housing Act 1988, relying on grounds 2 and 14. Can the landlord issue proceedings as soon as it serves notice under section 8 or must it wait for two months from service?
Q&As

A landlord issues a claim for possession under the section 21 accelerated procedure. The rent arrears amount to £1,000. Can the landlord issue a separate monetary claim to run concurrently with the possession claim or must it first obtain a possession order? If the landlord can issue a separate monetary claim, should this be a standard Part 7 claim and can the landlord use the same claim number as for the possession claim?
A landlord issues a claim for possession under the section 21 accelerated procedure. The rent arrears amount to £1,000. Can the landlord issue a separate monetary claim to run concurrently with the possession claim or must it first obtain a possession order? If the landlord can issue a separate monetary claim, should this be a standard Part 7 claim and can the landlord use the same claim number as for the possession claim?
Q&As

A landlord let commercial premises to company A. The lease contained the usual forfeiture and re-entry provisions. Company A became insolvent and the directors of company A formed company B. The landlord demanded and accepted rent from company B, notwithstanding that there was no written agreement between them. Company B has now defaulted on the rent and the landlord wants to get them out. Can forfeiture provisions be implied or, if not how can the landlord get this tenant out of the premises?
A landlord let commercial premises to company A. The lease contained the usual forfeiture and re-entry provisions. Company A became insolvent and the directors of company A formed company B. The landlord demanded and accepted rent from company B, notwithstanding that there was no written agreement between them. Company B has now defaulted on the rent and the landlord wants to get them out. Can forfeiture provisions be implied or, if not how can the landlord get this tenant out of the premises?
Q&As

A landlord lets two properties to a tenant under a tenancy agreement (not assured shorthold tenancy). The tenant uses the properties solely for holiday lets (no more than one week lets, with the landlord’s permission) and has never lived in the property themselves. The tenancy agreement was for a fixed term of one year, which ended in June 2019 and has not since been formally extended. The tenant pays rent monthly and on time. What is the correct notice to terminate the tenancy, and what would the notice period be?
A landlord lets two properties to a tenant under a tenancy agreement (not assured shorthold tenancy). The tenant uses the properties solely for holiday lets (no more than one week lets, with the landlord’s permission) and has never lived in the property themselves. The tenancy agreement was for a fixed term of one year, which ended in June 2019 and has not since been formally extended. The tenant pays rent monthly and on time. What is the correct notice to terminate the tenancy, and what would the notice period be?
Q&As

A Landlord owns a property, according to the official copy from HM Land Registry (OCE), as joint tenants (ie A and B). The landlord then enters in to a tenancy agreement, but put their name as being A and B, as trustees for X trust. Would a section 21 notice, and later a claim form for possession, be valid if it was done in the name of A and B solely, with no mention of the trust?
A Landlord owns a property, according to the official copy from HM Land Registry (OCE), as joint tenants (ie A and B). The landlord then enters in to a tenancy agreement, but put their name as being A and B, as trustees for X trust. Would a section 21 notice, and later a claim form for possession, be valid if it was done in the name of A and B solely, with no mention of the trust?
Q&As

A landlord received a tenancy deposit in 2014 but didn't protect it until 2017; it has never served the prescribed information. The landlord now wishes to serve a section 21 notice. In the circumstances, what steps must it take?
A landlord received a tenancy deposit in 2014 but didn't protect it until 2017; it has never served the prescribed information. The landlord now wishes to serve a section 21 notice. In the circumstances, what steps must it take?
Q&As

A landlord served a section 8 notice based on ground 1 on an assured shorthold tenant. The landlord served the notice three months ago. Can it now bring possession proceedings? Is there a time limit from service of the section 8 notice, after which the landlord cannot bring possession proceedings?
A landlord served a section 8 notice based on ground 1 on an assured shorthold tenant. The landlord served the notice three months ago. Can it now bring possession proceedings? Is there a time limit from service of the section 8 notice, after which the landlord cannot bring possession proceedings?
Q&As

A landlord served an opposed section 25 notice on the basis of persistent failure to pay rent—resulting in significant arrears of rent—and other breaches of lease. The tenant has until June 2020 to issue proceedings. Is the position affected by the Coronavirus Act 2020? The landlord wishes to gain possession as soon as possible.
A landlord served an opposed section 25 notice on the basis of persistent failure to pay rent—resulting in significant arrears of rent—and other breaches of lease. The tenant has until June 2020 to issue proceedings. Is the position affected by the Coronavirus Act 2020? The landlord wishes to gain possession as soon as possible.
Q&As

A landlord serves a counter-notice, accepting a tenant’s right to a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993. However, subsequently the landlord fails to engage with the tenant in the negotiation process, leading to the tenant having to file an application to the FTT. Can the tenant apply for recovery of its costs?
A landlord serves a counter-notice, accepting a tenant’s right to a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993. However, subsequently the landlord fails to engage with the tenant in the negotiation process, leading to the tenant having to file an application to the FTT. Can the tenant apply for recovery of its costs?
Q&As

A landlord serves a section 8 notice on an AST tenant on the ground of arrears of rent. The tenant has not paid the arrears and the landlord has issued proceedings. In the meantime it has transpired that the tenant has breached the terms of the AST by smoking and keeping a dog in the premises and had forged employee references prior to the grant of the tenancy. Should the landlord serve a further section 8 notice to cover these matters or can they be dealt with in witness evidence?
A landlord serves a section 8 notice on an AST tenant on the ground of arrears of rent. The tenant has not paid the arrears and the landlord has issued proceedings. In the meantime it has transpired that the tenant has breached the terms of the AST by smoking and keeping a dog in the premises and had forged employee references prior to the grant of the tenancy. Should the landlord serve a further section 8 notice to cover these matters or can they be dealt with in witness evidence?
Q&As

A landlord serves notice to terminate an annual periodic AST and the notice states that the tenant must give notice to vacate early. Can the landlord enforce this and demand rent if the tenant does not give the specified notice?
A landlord serves notice to terminate an annual periodic AST and the notice states that the tenant must give notice to vacate early. Can the landlord enforce this and demand rent if the tenant does not give the specified notice?
Q&As

A landlord serves notices under section 5D of the Landlord and Tenant Act 1987. A few days later the landlord decides that he wants to change the premium specified in the notices. Can he withdraw the notices and serve new versions without becoming subject to the twelve-month restriction in section 9B(2)? Alternatively, is it possible to vary the terms of an existing notice?
A landlord serves notices under section 5D of the Landlord and Tenant Act 1987. A few days later the landlord decides that he wants to change the premium specified in the notices. Can he withdraw the notices and serve new versions without becoming subject to the twelve-month restriction in section 9B(2)? Alternatively, is it possible to vary the terms of an existing notice?
Q&As

A landlord suspects that a living room containing a gas appliance (a gas fire) is now being used as a bedroom by the tenants. Is this allowed, and what steps must be taken in line with landlords’ duties to ascertain if this is the case and/or rectify?
A landlord suspects that a living room containing a gas appliance (a gas fire) is now being used as a bedroom by the tenants. Is this allowed, and what steps must be taken in line with landlords’ duties to ascertain if this is the case and/or rectify?
Q&As

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