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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

Where a landlord intends to grant a long lease of commercial property at less than market rent to a corporate tenant (the holding company of a number of subsidiary companies) who undertakes certain development obligations in the lease, is it reasonable for the landlord to include provisions to: (a) forfeit the lease in the event of change of control of the tenant and/or (b) restrict the ability of the tenant to undergo a change of control amounting to ‘assignment by the backdoor’?
Where a landlord intends to grant a long lease of commercial property at less than market rent to a corporate tenant (the holding company of a number of subsidiary companies) who undertakes certain development obligations in the lease, is it reasonable for the landlord to include provisions to: (a) forfeit the lease in the event of change of control of the tenant and/or (b) restrict the ability of the tenant to undergo a change of control amounting to ‘assignment by the backdoor’?
Q&As

Where a landowner dedicates part of their land to a local highway authority for the purposes of creating a publicly adopted highway, how far would the local authority need to investigate the title? If there are any third party rights/restrictive covenants affecting the land, would the local authority be expected to compensate such rights?
Where a landowner dedicates part of their land to a local highway authority for the purposes of creating a publicly adopted highway, how far would the local authority need to investigate the title? If there are any third party rights/restrictive covenants affecting the land, would the local authority be expected to compensate such rights?
Q&As

Where a landowner is required to enter into a lease for a substation on its land for the sole benefit of adjoining land, is there any requirement under electricity legislation for the network operator to be reasonable in negotiating the lease terms with my client? On what basis could my client seek redress to Ofgem if the network operator was not?
Where a landowner is required to enter into a lease for a substation on its land for the sole benefit of adjoining land, is there any requirement under electricity legislation for the network operator to be reasonable in negotiating the lease terms with my client? On what basis could my client seek redress to Ofgem if the network operator was not?
Q&As

Where a law firm is appointed as a sole professional executor of an estate, must they obtain express consent from the residuary beneficiaries in respect of their professional fees in administering the estate?
Where a law firm is appointed as a sole professional executor of an estate, must they obtain express consent from the residuary beneficiaries in respect of their professional fees in administering the estate?
Q&As

Where a leak into a neighbouring building has been ongoing for several years causing damage, but has only just been discovered, what is the limitation period for making a claim? How will that impact upon causation and relief/quantum as the nuisance and damage were latent?
Where a leak into a neighbouring building has been ongoing for several years causing damage, but has only just been discovered, what is the limitation period for making a claim? How will that impact upon causation and relief/quantum as the nuisance and damage were latent?
Q&As

Where a lease expired three months ago and the tenant has vacated the property, can a landlord serve a terminal dilapidation claim after the 56 days given in the Dilapidations Protocol has expired?
Where a lease expired three months ago and the tenant has vacated the property, can a landlord serve a terminal dilapidation claim after the 56 days given in the Dilapidations Protocol has expired?
Q&As

Where a lease grants a right of access but doesn't refer to a vehicle, is this, or can it be, implied?
Where a lease grants a right of access but doesn't refer to a vehicle, is this, or can it be, implied?
Q&As

Where a lease is disclaimed leaving a sub-tenant in place paying rent to the freeholder, what options does the freeholder have while the sub-tenant continues to observe the terms of the head lease? If the head lease included the right to forfeit on the insolvency of the tenant, could the freeholder now forfeit or has the right been waived?
Where a lease is disclaimed leaving a sub-tenant in place paying rent to the freeholder, what options does the freeholder have while the sub-tenant continues to observe the terms of the head lease? If the head lease included the right to forfeit on the insolvency of the tenant, could the freeholder now forfeit or has the right been waived?
Q&As

Where a lease is varied by reducing the extent of the demised premises, does this amount to an implied surrender and regrant of the lease in the same way as a variation increasing the demise does?
Where a lease is varied by reducing the extent of the demised premises, does this amount to an implied surrender and regrant of the lease in the same way as a variation increasing the demise does?
Q&As

Where a lease of a large retail unit is granted to a tenant, and the tenant has granted a concession agreement of part of the unit (in compliance with the lease), what is the position if the lease were to be forfeited? Is it the case that all inferior interests end on the forfeiture of a lease, and only subtenants and not sublicensees can apply for relief against forfeiture?
Where a lease of a large retail unit is granted to a tenant, and the tenant has granted a concession agreement of part of the unit (in compliance with the lease), what is the position if the lease were to be forfeited? Is it the case that all inferior interests end on the forfeiture of a lease, and only subtenants and not sublicensees can apply for relief against forfeiture?
Q&As

Where a lease requires the landlord to transfer property to the management company after granting all residential leases, does this constitute a contract for the purpose of section 4(2)(i) of the Landlord and Tenant Act 1987?
Where a lease requires the landlord to transfer property to the management company after granting all residential leases, does this constitute a contract for the purpose of section 4(2)(i) of the Landlord and Tenant Act 1987?
Q&As

Where a leasehold is held as tenants in common by partners in a partnership, and one of the partners has died intestate and without any identifiable family members, does the surviving partner who wishes to terminate their tenancy still need to serve a notice in accordance with s 41A(3), or is a standard s 27 notice sufficient?
Where a leasehold is held as tenants in common by partners in a partnership, and one of the partners has died intestate and without any identifiable family members, does the surviving partner who wishes to terminate their tenancy still need to serve a notice in accordance with s 41A(3), or is a standard s 27 notice sufficient?
Q&As

Where a lessee of a mixed commercial-residential property wishes to sublet the residential premises is a standard assured shorthold tenancy appropriate? Is there any alternative?
Where a lessee of a mixed commercial-residential property wishes to sublet the residential premises is a standard assured shorthold tenancy appropriate? Is there any alternative?
Q&As

Where a letting agency has gone into liquidation, who would be liable for deposits which the letting agency has lost if the agency's tenancy deposit scheme insurance will not cover the deposits because of the conduct of the tenants?
Where a letting agency has gone into liquidation, who would be liable for deposits which the letting agency has lost if the agency's tenancy deposit scheme insurance will not cover the deposits because of the conduct of the tenants?
Q&As

Where a life interest in a property is left under a Will, with 75% going to wife and 25% to a disabled child, wife living in the property with disabled child until she moves but child continues to reside in the property. Following wife's death, could wife’s benefit under the life interest have passed to the disabled child when she moved out?
Where a life interest in a property is left under a Will, with 75% going to wife and 25% to a disabled child, wife living in the property with disabled child until she moves but child continues to reside in the property. Following wife's death, could wife’s benefit under the life interest have passed to the disabled child when she moved out?
Q&As

Where a loan secured against the borrower’s property by way of a legal charge became due 20 years ago but no action has been taken, is recovery now barred under the Limitation Act 1980 and must the charge be removed from the property?
Where a loan secured against the borrower’s property by way of a legal charge became due 20 years ago but no action has been taken, is recovery now barred under the Limitation Act 1980 and must the charge be removed from the property?
Q&As

Where a local authority is transferring land to an Academy Trust for expansion of the school, can the local authority put a right of pre-emption in the transfer should the Academy Trust cease to use the land for education purposes? Would this arrangement frustrate the statutory provisions relating to land held by academy trusts, in particular concerning the Secretary of State's powers under the Academies Act 2010?
Where a local authority is transferring land to an Academy Trust for expansion of the school, can the local authority put a right of pre-emption in the transfer should the Academy Trust cease to use the land for education purposes? Would this arrangement frustrate the statutory provisions relating to land held by academy trusts, in particular concerning the Secretary of State's powers under the Academies Act 2010?
Q&As

Where a local authority mistakenly double-recovered an overpayment of housing benefit and subsequently returned the additional amount to the tenant rather than the landlord leaving arrears of rent (as the tenant is unable/unwilling to return the monies), would the landlord have any claim against the local authority for this mistake?
Where a local authority mistakenly double-recovered an overpayment of housing benefit and subsequently returned the additional amount to the tenant rather than the landlord leaving arrears of rent (as the tenant is unable/unwilling to return the monies), would the landlord have any claim against the local authority for this mistake?
Q&As

Where a local authority proposes indirect contact only in relation to a looked after child, is an order required under section 34(4) of the Children Act 1989 authorising the local authority to do so?
Where a local authority proposes indirect contact only in relation to a looked after child, is an order required under section 34(4) of the Children Act 1989 authorising the local authority to do so?
Q&As

Where a married couple have separated, and the mother wishes to take the child of the family to India for a period of up to 28 days, what steps must she take if the husband does not respond to her written request for his consent to the trip?
Where a married couple have separated, and the mother wishes to take the child of the family to India for a period of up to 28 days, what steps must she take if the husband does not respond to her written request for his consent to the trip?
Q&As

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