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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 who has a superior landlord is granting residential leases of flats. The lease between the landlord and his tenants includes a clause which states 'the Tenant covenants with the Superior Landlord and its successors in title in their own right to observe and perform...' The superior landlord is defined but is not a party to the lease. Will this covenant be enforceable or does the superior landlord need to be a party to the lease?
A landlord who has a superior landlord is granting residential leases of flats. The lease between the landlord and his tenants includes a clause which states 'the Tenant covenants with the Superior Landlord and its successors in title in their own right to observe and perform...' The superior landlord is defined but is not a party to the lease. Will this covenant be enforceable or does the superior landlord need to be a party to the lease?
Q&As

A landlord, whose tenant is in arrears, has the benefit of an authorised guarantee agreement from a previous tenant, and a guarantor for the current tenant. Can a section 17 notice be served on the former tenant for the arrears that fell due within the last six months and the guarantor be required to pay the other sums due? Is there any similar six-month limitation period for claims against the guarantor? Does it just depend on covenant strength as to who the landlord attempts to recover the arrears from?
A landlord, whose tenant is in arrears, has the benefit of an authorised guarantee agreement from a previous tenant, and a guarantor for the current tenant. Can a section 17 notice be served on the former tenant for the arrears that fell due within the last six months and the guarantor be required to pay the other sums due? Is there any similar six-month limitation period for claims against the guarantor? Does it just depend on covenant strength as to who the landlord attempts to recover the arrears from?
Q&As

A landowner (A) granted permission to neighbouring owner (B) to use parking spaces on its property well over 20 years ago. A sold its property in 1997 to C. B has continued to use the spaces exclusively and has maintained the area. There has been no communication between B and C and, in particular, B has not asserted ownership of the parking spaces to C. Did A’s permission/licence to B to use the spaces end on the sale of the land to C in 1997 such that B can claim ownership of the parking spaces by adverse possession or a prescriptive easement to park?
A landowner (A) granted permission to neighbouring owner (B) to use parking spaces on its property well over 20 years ago. A sold its property in 1997 to C. B has continued to use the spaces exclusively and has maintained the area. There has been no communication between B and C and, in particular, B has not asserted ownership of the parking spaces to C. Did A’s permission/licence to B to use the spaces end on the sale of the land to C in 1997 such that B can claim ownership of the parking spaces by adverse possession or a prescriptive easement to park?
Q&As

A landowner intends to grant a lease of land including a gallop, stables and a house. The tenant will use the property for training of horses. Would this use be an agricultural activity thus meaning a Farm Business Tenancy (FBT) is the appropriate document?
A landowner intends to grant a lease of land including a gallop, stables and a house. The tenant will use the property for training of horses. Would this use be an agricultural activity thus meaning a Farm Business Tenancy (FBT) is the appropriate document?
Q&As

A landowner proposes to undertake works on his land which involve excavation, the foundations of which will encroach onto the adjoining owner's land by one metre. It is not clear whether the foundations comprise 'special foundations' as defined in section 20 of Party Wall etc Act 1996. If the landowner obtains the adjoining property owner's consent, does section 6 of the Party Wall etc Act 1996 allow the landowner to construct the foundations in the absence of any other rights to access the adjoining owner's property?
A landowner proposes to undertake works on his land which involve excavation, the foundations of which will encroach onto the adjoining owner's land by one metre. It is not clear whether the foundations comprise 'special foundations' as defined in section 20 of Party Wall etc Act 1996. If the landowner obtains the adjoining property owner's consent, does section 6 of the Party Wall etc Act 1996 allow the landowner to construct the foundations in the absence of any other rights to access the adjoining owner's property?
Q&As

A lease has been executed as a deed, although it is not clear from the face of it that it is a deed. The lease has been registered at the Land Registry with no issues. Does this lead to the conclusion that, although the lease does not use the word deed, it is in fact a deed and the registration is valid?
A lease has been executed as a deed, although it is not clear from the face of it that it is a deed. The lease has been registered at the Land Registry with no issues. Does this lead to the conclusion that, although the lease does not use the word deed, it is in fact a deed and the registration is valid?
Q&As

A lease of a parking space contains a rent review on an open market basis. The lease contains a clause restricting assignments only to the owner of a particular flat in the same building (held under a separate lease).The rent review clause provides that the new rent should be that which might reasonably be demanded by a willing landlord on a lease on the same terms and conditions as the existing lease other than as to the amount of rent and length of term. There is no mention of the hypothetical tenant. Should the rent then be assessed on the basis that any person may be a tenant, but they would then only be able to assign to the owner of a particular flat, or should it be reviewed assuming that only the owner of that particular flat could be the tenant?
A lease of a parking space contains a rent review on an open market basis. The lease contains a clause restricting assignments only to the owner of a particular flat in the same building (held under a separate lease).The rent review clause provides that the new rent should be that which might reasonably be demanded by a willing landlord on a lease on the same terms and conditions as the existing lease other than as to the amount of rent and length of term. There is no mention of the hypothetical tenant. Should the rent then be assessed on the basis that any person may be a tenant, but they would then only be able to assign to the owner of a particular flat, or should it be reviewed assuming that only the owner of that particular flat could be the tenant?
Q&As

A lease plan for a residential long lease does not reflect the actual layout of the property, following works being carried out to the demise. Although the works were undertaken with the freeholder’s consent, no new plans were executed at the time. Where the freeholder refuses to execute a deed of variation to update the lease plan, can the leaseholder apply to the First-tier Tribunal to resolve the issue?
A lease plan for a residential long lease does not reflect the actual layout of the property, following works being carried out to the demise. Although the works were undertaken with the freeholder’s consent, no new plans were executed at the time. Where the freeholder refuses to execute a deed of variation to update the lease plan, can the leaseholder apply to the First-tier Tribunal to resolve the issue?
Q&As

A lease was executed by a director of the tenant company, however, the director had resigned three days prior to this. Is the lease still valid? If not, what recourse does the landlord have a number of years later, now that the tenant is claiming that the lease was not valid and therefore the landlord is liable for rates?
A lease was executed by a director of the tenant company, however, the director had resigned three days prior to this. Is the lease still valid? If not, what recourse does the landlord have a number of years later, now that the tenant is claiming that the lease was not valid and therefore the landlord is liable for rates?
Q&As

A lease was signed by an individual buyer and a power of attorney. The power of attorney is an attorney for a company. The company has regional divisions and there is a power of attorney for each of these. The power of attorney who signed was from the incorrect division for the property. What is the status of the lease is and does anything need to be done to resolve this?
A lease was signed by an individual buyer and a power of attorney. The power of attorney is an attorney for a company. The company has regional divisions and there is a power of attorney for each of these. The power of attorney who signed was from the incorrect division for the property. What is the status of the lease is and does anything need to be done to resolve this?
Q&As

A leaseholder company was dissolved, and the property and rights vested in it passed to the Crown (bona vacantia). In reference to this: (1) Can the landlord claim possession of the leased property and if so, how?; and (2) can the landlord claim money owed to it under the lease, and if so how and from who?
A leaseholder company was dissolved, and the property and rights vested in it passed to the Crown (bona vacantia). In reference to this: (1) Can the landlord claim possession of the leased property and if so, how?; and (2) can the landlord claim money owed to it under the lease, and if so how and from who?
Q&As

A legal charge over a property does not contain any power to appoint a receiver or take possession. The chargee needs to take possession of the property in order to discharge an outstanding debt. Would the correct procedure be for the chargee to apply for an order for sale or an order for possession?
A legal charge over a property does not contain any power to appoint a receiver or take possession. The chargee needs to take possession of the property in order to discharge an outstanding debt. Would the correct procedure be for the chargee to apply for an order for sale or an order for possession?
Q&As

A lessee wishes to install a dormer window in the roof. The roof does not form part of the demise. The previous freeholder gave consent in writing to the installation last year but the works have yet to commence. The freehold has subsequently been sold and the new freeholder is refusing to agree to the works. Can consent be withdrawn?
A lessee wishes to install a dormer window in the roof. The roof does not form part of the demise. The previous freeholder gave consent in writing to the installation last year but the works have yet to commence. The freehold has subsequently been sold and the new freeholder is refusing to agree to the works. Can consent be withdrawn?
Q&As

A life interest in residuary estate is left to H for life and thereafter to descendants of H and W. H wishes to release part of their life interest, but not to have it vest immediately. Does it fall within the relevant property regime until H dies and, therefore, attract a lifetime inheritance tax (IHT) charge?
A life interest in residuary estate is left to H for life and thereafter to descendants of H and W. H wishes to release part of their life interest, but not to have it vest immediately. Does it fall within the relevant property regime until H dies and, therefore, attract a lifetime inheritance tax (IHT) charge?
Q&As

A local authority entered into a lease with a charitable company. The charity executed the lease in accordance with section 260(3) of the Charities Act 2011. Should the charity have executed the lease in the same way as a company incorporated under the Companies Act 2006? If yes, what is the effect of the charity failing to execute a lease validly?
A local authority entered into a lease with a charitable company. The charity executed the lease in accordance with section 260(3) of the Charities Act 2011. Should the charity have executed the lease in the same way as a company incorporated under the Companies Act 2006? If yes, what is the effect of the charity failing to execute a lease validly?
Q&As

A local authority has created a country park under Section 7 of Countryside Act 1968, which is also a site of nature conservation and was designated as a Local Nature Reserve in 2004. It now intends to redesignate the park for a different use. Do local authorities have the power to change the park designation to allow for more flexible use of the land?
A local authority has created a country park under Section 7 of Countryside Act 1968, which is also a site of nature conservation and was designated as a Local Nature Reserve in 2004. It now intends to redesignate the park for a different use. Do local authorities have the power to change the park designation to allow for more flexible use of the land?
Q&As

A local authority has two charges registered against a freehold property in Wales in respect of care charges under the Health and Social Services and Social Security Adjudications Act 1983. The service user and sole owner of the property died intestate two years ago, however to date a grant of representation has not been obtained and so the debt for care fees remains unpaid. Is it possible to force a sale as creditor to discharge the debt, as the charges take effect as a legal mortgage under the Law of Property Act 1925?
A local authority has two charges registered against a freehold property in Wales in respect of care charges under the Health and Social Services and Social Security Adjudications Act 1983. The service user and sole owner of the property died intestate two years ago, however to date a grant of representation has not been obtained and so the debt for care fees remains unpaid. Is it possible to force a sale as creditor to discharge the debt, as the charges take effect as a legal mortgage under the Law of Property Act 1925?
Q&As

A local authority is looking to commence compulsory purchase powers to acquire a commercial leasehold interest to allow the progression of a regeneration scheme. The local authority has so far paid for two independent valuations, which have formed the basis of the Council's offer as part of its negotiations with the current leaseholder. Is the Council under a duty to pay for professional advice for the aggrieved leaseholder at this stage, ie a solicitor or surveyor? And if so, to what extent?
A local authority is looking to commence compulsory purchase powers to acquire a commercial leasehold interest to allow the progression of a regeneration scheme. The local authority has so far paid for two independent valuations, which have formed the basis of the Council's offer as part of its negotiations with the current leaseholder. Is the Council under a duty to pay for professional advice for the aggrieved leaseholder at this stage, ie a solicitor or surveyor? And if so, to what extent?
Q&As

A local authority wishes to apply to change the surname of a child who is subject to a care order made under Part IV of the Children Act 1989 (ChA 1989). The child’s parents cannot be located and therefore, cannot be asked for their consent. Would the application to change the child’s surname be made within ChA 1989, Pt IV proceedings, or as a separate application and in what form?
A local authority wishes to apply to change the surname of a child who is subject to a care order made under Part IV of the Children Act 1989 (ChA 1989). The child’s parents cannot be located and therefore, cannot be asked for their consent. Would the application to change the child’s surname be made within ChA 1989, Pt IV proceedings, or as a separate application and in what form?
Q&As

A local council is in the process of submitting a claim for adverse possession. The council has since discovered that an adjoining owner has submitted a planning application for a small piece of land, which the council intended to include within the claim for adverse possession. The adjoining owner intends to carry out works on this piece of land. What are the risks, if any, to the council if it continues with the claim for adverse possession with the piece of land included? Could the planning permission affect the council’s claim? Could the adjoining owner potentially also have a claim for adverse possession?
A local council is in the process of submitting a claim for adverse possession. The council has since discovered that an adjoining owner has submitted a planning application for a small piece of land, which the council intended to include within the claim for adverse possession. The adjoining owner intends to carry out works on this piece of land. What are the risks, if any, to the council if it continues with the claim for adverse possession with the piece of land included? Could the planning permission affect the council’s claim? Could the adjoining owner potentially also have a claim for adverse possession?
Q&As

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