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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

Two individuals hold a property worth £100,000 as beneficial joint tenants and one party wishes to buy the other out. In the TR1, the parties record an agreement that the first shall receive only £20,000 in respect of their share. Would this statement in the TR1 be effective as a formal variation of an earlier declaration of trust? In addition, is the agreement in the TR1 binding on the parties if one of them reneges on the agreement?
Two individuals hold a property worth £100,000 as beneficial joint tenants and one party wishes to buy the other out. In the TR1, the parties record an agreement that the first shall receive only £20,000 in respect of their share. Would this statement in the TR1 be effective as a formal variation of an earlier declaration of trust? In addition, is the agreement in the TR1 binding on the parties if one of them reneges on the agreement?
Q&As

Two parties (A and B) jointly own a property as tenants in common. Co-owner A's parents paid the only deposit on purchase of the property, and a further lump sum towards work on the house. Co-owner B made financial contributions during the relationship to date, including payment of the mortgage. The parties are separating and advice is needed on the division of capital under TOLATA 1996. Please can advice be provided in respect of the presumption of advancement in this context?
Two parties (A and B) jointly own a property as tenants in common. Co-owner A's parents paid the only deposit on purchase of the property, and a further lump sum towards work on the house. Co-owner B made financial contributions during the relationship to date, including payment of the mortgage. The parties are separating and advice is needed on the division of capital under TOLATA 1996. Please can advice be provided in respect of the presumption of advancement in this context?
Q&As

Two parties have claims against one another which are unconnected. One of the parties makes a Part 36 offer in respect of both claims. They have not been consolidated. Is that Part 36 offer a valid Part 36 offer considering those claims are not connected except by the parties?
Two parties have claims against one another which are unconnected. One of the parties makes a Part 36 offer in respect of both claims. They have not been consolidated. Is that Part 36 offer a valid Part 36 offer considering those claims are not connected except by the parties?
Q&As

Two people were previously in a long-term cohabiting relationship and one party loaned money to the other party which was not repaid. There is no written documentation in respect of the loan agreement. What action can be taken to recover the monies loaned and what factors will be taken into account by the court?
Two people were previously in a long-term cohabiting relationship and one party loaned money to the other party which was not repaid. There is no written documentation in respect of the loan agreement. What action can be taken to recover the monies loaned and what factors will be taken into account by the court?
Q&As

Two women, who were not married or in a civil partnership, had a child through in vitro fertilisation via a licensed clinic. The first woman provided the eggs and carried the child and both women are named on the child’s birth certificate. Where the first woman is the parent with care, is the other woman liable to pay child support?
Two women, who were not married or in a civil partnership, had a child through in vitro fertilisation via a licensed clinic. The first woman provided the eggs and carried the child and both women are named on the child’s birth certificate. Where the first woman is the parent with care, is the other woman liable to pay child support?
Q&As

Under CPR 12.3, is the effect of 'at the date on which judgment is entered' that the defence has to have been filed prior to that date (ie by the previous day) to prevent default judgment, or, if it is filed on the same day, does it come down to the time at which the defence is filed versus the time at which judgment is entered? What if judgment was entered at 10am when the judge picks up the file on Monday 1 September 2023 and the defence was filed at 11am on the same day post judgment being entered?
Under CPR 12.3, is the effect of 'at the date on which judgment is entered' that the defence has to have been filed prior to that date (ie by the previous day) to prevent default judgment, or, if it is filed on the same day, does it come down to the time at which the defence is filed versus the time at which judgment is entered? What if judgment was entered at 10am when the judge picks up the file on Monday 1 September 2023 and the defence was filed at 11am on the same day post judgment being entered?
Q&As

Under LTA 1987, s 48 a landlord must give an address whereby notices can be served. Is it acceptable to put the name and address on the tenancy agreement (residential) as c/o of the lettings agent? If so would the letting agent then be liable for any claims brought against the landlord? Would it be best to not put care of but simply the landlords name and then the agents address?
Under LTA 1987, s 48 a landlord must give an address whereby notices can be served. Is it acceptable to put the name and address on the tenancy agreement (residential) as c/o of the lettings agent? If so would the letting agent then be liable for any claims brought against the landlord? Would it be best to not put care of but simply the landlords name and then the agents address?
Q&As

Under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, the minimum number of qualifying tenants must equal half the total number of flats in the building except where there are only two flats in the building, in which case both qualifying tenants must participate. However, can a claim proceed where two tenants served the notice, then after service, one tenant withdraws (leaving one remaining participating tenant)?
Under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, the minimum number of qualifying tenants must equal half the total number of flats in the building except where there are only two flats in the building, in which case both qualifying tenants must participate. However, can a claim proceed where two tenants served the notice, then after service, one tenant withdraws (leaving one remaining participating tenant)?
Q&As

Under section 38(2) of the Landlord and Tenant Act 1954 (LTA 1954), if a landlord and tenant agree to exclude statutory compensation under LTA 1954, it will only have effect on leases where the tenant quits before they (and/or a successor in title in the business) have been in occupation for less than five years. If there is a ten year lease, but a tenant excercises a break clause which operates to terminate the lease before the 5th anniversary of the term, would the exclusion of statutory compensation have effect?
Under section 38(2) of the Landlord and Tenant Act 1954 (LTA 1954), if a landlord and tenant agree to exclude statutory compensation under LTA 1954, it will only have effect on leases where the tenant quits before they (and/or a successor in title in the business) have been in occupation for less than five years. If there is a ten year lease, but a tenant excercises a break clause which operates to terminate the lease before the 5th anniversary of the term, would the exclusion of statutory compensation have effect?
Q&As

Under section 48 of the Landlord and Tenant Act 1987, a landlord must give an address whereby notices can be served. Is it acceptable to put the name and address on the tenancy agreement (residential) as c/o of the lettings agent? If so, would the letting agent then be liable for any claims brought against the landlord? Would it be best to not put care of but simply the landlords name and then the agents address?
Under section 48 of the Landlord and Tenant Act 1987, a landlord must give an address whereby notices can be served. Is it acceptable to put the name and address on the tenancy agreement (residential) as c/o of the lettings agent? If so, would the letting agent then be liable for any claims brought against the landlord? Would it be best to not put care of but simply the landlords name and then the agents address?
Q&As

Under section 62(2) of the LRHUDA 1993, a garage qualifies as part of the flat if it is enjoyed with the flat and let to the tenant on the date of the Notice. Section 7(6) (incorporated by section 39(3)(b)) also deals with multiple leases and confirms that they should be treated as a single lease. If the definition of flat in Section 7(6)(a) can be construed as the flat and Section 7(6) (incorporated by section 39(3)(b)) can be construed as the garage then can a qualifying tenant serve a Section 42 Notice of Claim for a lease extension of a garage in addition to their flat where the garage is leased under a separate lease, granted at a different time to a different flat owner, but is now owned by that tenant and used in conjunction with their flat or would separate notices be required?
Under section 62(2) of the LRHUDA 1993, a garage qualifies as part of the flat if it is enjoyed with the flat and let to the tenant on the date of the Notice. Section 7(6) (incorporated by section 39(3)(b)) also deals with multiple leases and confirms that they should be treated as a single lease. If the definition of flat in Section 7(6)(a) can be construed as the flat and Section 7(6) (incorporated by section 39(3)(b)) can be construed as the garage then can a qualifying tenant serve a Section 42 Notice of Claim for a lease extension of a garage in addition to their flat where the garage is leased under a separate lease, granted at a different time to a different flat owner, but is now owned by that tenant and used in conjunction with their flat or would separate notices be required?
Q&As

Under section 9(1A) of the Leasehold Reform Act 1967, the price payable, R, is to be ascertained with reference to the formula: (P * I)/(1 – (1 + I)^(-T)), where P is the ‘premium payable as a condition of the grant of the tenancy’. Is the definition of ‘grant of the tenancy’ the first date the tenancy was ever granted or the date the current tenant took assignment of the lease?
Under section 9(1A) of the Leasehold Reform Act 1967, the price payable, R, is to be ascertained with reference to the formula: (P * I)/(1 – (1 + I)^(-T)), where P is the ‘premium payable as a condition of the grant of the tenancy’. Is the definition of ‘grant of the tenancy’ the first date the tenancy was ever granted or the date the current tenant took assignment of the lease?
Q&As

Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, is it necessary for a commercial landlord to commission new energy performance certificate’s when a lease is granted pursuant to the Landlord and Tenant Act 1954 and one does not already exist?
Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, is it necessary for a commercial landlord to commission new energy performance certificate’s when a lease is granted pursuant to the Landlord and Tenant Act 1954 and one does not already exist?
Q&As

Under the Leasehold Reform, Housing and Urban Development Act 1993 does the section 48 application have to be on the First-tier Tribunal prescribed form from gov.uk or is it the case that as long as the information is included the form is not mandatory?
Under the Leasehold Reform, Housing and Urban Development Act 1993 does the section 48 application have to be on the First-tier Tribunal prescribed form from gov.uk or is it the case that as long as the information is included the form is not mandatory?
Q&As

Under the LTA 1987, is it necessary to serve a Section 5 Notice when the landlord had agreed to sell a lease of vaults and roof space in residential blocks? Would the grant of a lease of a caretaker's flat trigger the LTA 1987?
Under the LTA 1987, is it necessary to serve a Section 5 Notice when the landlord had agreed to sell a lease of vaults and roof space in residential blocks? Would the grant of a lease of a caretaker's flat trigger the LTA 1987?
Q&As

Under the postal rule for acceptance of a contract, what form of evidence is generally accepted to prove that the acceptance was in fact posted?
Under the postal rule for acceptance of a contract, what form of evidence is generally accepted to prove that the acceptance was in fact posted?
Q&As

Under what legislation can local authority remove illegal/unauthorised clothing banks?
Under what legislation can local authority remove illegal/unauthorised clothing banks?
Q&As

Under which enforcement regime(s) could a judgment of the courts of England and Wales be enforced in Gibraltar?
Under which enforcement regime(s) could a judgment of the courts of England and Wales be enforced in Gibraltar?
Q&As

Unmarried cohabitees hold a property as tenants in common in equal shares. One party refuses to sell the property and the other applies to the court for an order for sale pursuant to Trusts of Land and Appointment of Trustees Act 1996. In considering whether to grant the order, what will the court take into account?
Unmarried cohabitees hold a property as tenants in common in equal shares. One party refuses to sell the property and the other applies to the court for an order for sale pursuant to Trusts of Land and Appointment of Trustees Act 1996. In considering whether to grant the order, what will the court take into account?
Q&As

We act for the landlord and a lease was signed and completed with the incorrect rent figures. The lease is excluded from the Landlord and Tenant Act 1954 (LTA 1954) provisions with notices served correctly and the tenant swearing a stat dec in the month prior to the completion of the lease. Shortly after the lease completed, it was noticed that the rent figures were incorrect and a second lease was signed and completed on the same day as the first one with the correct rent figures included. Should notice to exclude the lease from LTA 1954 been served again given that a substantive term of the lease (rent payable) change?
We act for the landlord and a lease was signed and completed with the incorrect rent figures. The lease is excluded from the Landlord and Tenant Act 1954 (LTA 1954) provisions with notices served correctly and the tenant swearing a stat dec in the month prior to the completion of the lease. Shortly after the lease completed, it was noticed that the rent figures were incorrect and a second lease was signed and completed on the same day as the first one with the correct rent figures included. Should notice to exclude the lease from LTA 1954 been served again given that a substantive term of the lease (rent payable) change?
Q&As

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