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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 prospective purchaser of a freehold commercial property agrees that the vendor (a business owner-occupier) may remain in occupation under a tenancy for a fixed term of 6 months following completion, does the purchaser run the risk of the vendor becoming a protected tenant under the Landlord and Tenant Act 1954 in view of its previous and future occupation of the property? If so, should the prospective 6 months tenancy be contracted out of the 1954 Act?
Where a prospective purchaser of a freehold commercial property agrees that the vendor (a business owner-occupier) may remain in occupation under a tenancy for a fixed term of 6 months following completion, does the purchaser run the risk of the vendor becoming a protected tenant under the Landlord and Tenant Act 1954 in view of its previous and future occupation of the property? If so, should the prospective 6 months tenancy be contracted out of the 1954 Act?
Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?
Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?
Q&As

Where a purchaser (company) has entered into a legal charge as a way of securing overage sums, should this be registered at Companies House?
Where a purchaser (company) has entered into a legal charge as a way of securing overage sums, should this be registered at Companies House?
Q&As

Where A purchases property in their sole name for A’s daughter to live in rent free for life. How should this be documented eg by way of a declaration of trust or by way of a lease for life?
Where A purchases property in their sole name for A’s daughter to live in rent free for life. How should this be documented eg by way of a declaration of trust or by way of a lease for life?
Q&As

Where a qualifying tenant is deceased and a trust company has obtained the Grant of Probate as attorney for the executor, who may sign a section 42 notice on behalf of the tenant? Can an authorised signatory for the trust company sign it or do the provisions of s 44 of the Companies Act 2006 apply, meaning that the signature of a director of the trust company will be required?
Where a qualifying tenant is deceased and a trust company has obtained the Grant of Probate as attorney for the executor, who may sign a section 42 notice on behalf of the tenant? Can an authorised signatory for the trust company sign it or do the provisions of s 44 of the Companies Act 2006 apply, meaning that the signature of a director of the trust company will be required?
Q&As

Where a rent review provision states that the amount of the reviewed ground rent must (where necessary) be fixed at £1 below the amount which would otherwise ‘… create an inhibition on the premium capable of being charged on an assignment of the Demised Premises in the same manner as set out in section 127 and Schedule 18, Part II of the Rent Act 1977 or any amending or similar legislation’ does this cap the amount of the rent at £249 per annum as a result of the amendments made to the Rent Act 1977 by the Housing Acts 1980 and 1988?
Where a rent review provision states that the amount of the reviewed ground rent must (where necessary) be fixed at £1 below the amount which would otherwise ‘… create an inhibition on the premium capable of being charged on an assignment of the Demised Premises in the same manner as set out in section 127 and Schedule 18, Part II of the Rent Act 1977 or any amending or similar legislation’ does this cap the amount of the rent at £249 per annum as a result of the amendments made to the Rent Act 1977 by the Housing Acts 1980 and 1988?
Q&As

Where a rent review takes place in a new lease, if the lease is assigned before the review is determined (resulting in an increase in rent which, in the usual way, is backdated to the date of review), is the assignor or assignee liable for the back rent?
Where a rent review takes place in a new lease, if the lease is assigned before the review is determined (resulting in an increase in rent which, in the usual way, is backdated to the date of review), is the assignor or assignee liable for the back rent?
Q&As

Where a residential lease is sold which contains a right to use a parking space which has previously been removed by deed (but not registered) should the landlord or former tenant have disclosed this deed and what are the new tenant’s remedies?
Where a residential lease is sold which contains a right to use a parking space which has previously been removed by deed (but not registered) should the landlord or former tenant have disclosed this deed and what are the new tenant’s remedies?
Q&As

Where a residential tenant was left without hot water for over two weeks as its landlord failed to have a broken boiler repaired, can the tenant make a deduction from the rent due to the landlord to take account of this?
Where a residential tenant was left without hot water for over two weeks as its landlord failed to have a broken boiler repaired, can the tenant make a deduction from the rent due to the landlord to take account of this?
Q&As

Where a respondent failed to attend a return hearing for an enforceable non-molestation order originally made without notice, do they need to be served with the final order for the non-molestation order to continue?
Where a respondent failed to attend a return hearing for an enforceable non-molestation order originally made without notice, do they need to be served with the final order for the non-molestation order to continue?
Q&As

Where a respondent is currently being held in police custody, what is the process for serving a non-molestation order and occupation order application and notice of hearing on someone who is in prison?
Where a respondent is currently being held in police custody, what is the process for serving a non-molestation order and occupation order application and notice of hearing on someone who is in prison?
Q&As

Where a respondent was married as a man but has subsequently changed gender to female, what gender should be entered for the respondent in the divorce petition? The court has rejected a petition where the respondent’s details were given as female.
Where a respondent was married as a man but has subsequently changed gender to female, what gender should be entered for the respondent in the divorce petition? The court has rejected a petition where the respondent’s details were given as female.
Q&As

Where a right to manage (RTM) company has served its claim notice under section 79 of the Commonhold and Leasehold Reform Act 2002 and a qualifying tenant subsequently disposes of its flat in the period between service of the claim notice and the acquisition date, can the purchaser of the flat become a member of the RTM company? Would the flat disposal and/or the purchaser of the flat becoming a member of the RTM company have any impact on the RTM claim given the claim notice has already been served?
Where a right to manage (RTM) company has served its claim notice under section 79 of the Commonhold and Leasehold Reform Act 2002 and a qualifying tenant subsequently disposes of its flat in the period between service of the claim notice and the acquisition date, can the purchaser of the flat become a member of the RTM company? Would the flat disposal and/or the purchaser of the flat becoming a member of the RTM company have any impact on the RTM claim given the claim notice has already been served?
Q&As

Where a same-sex male couple are married/civil partners, and one of that couple will be a sperm donor for a woman who is married/a civil partner to another woman, who would have parental responsibility for the child, be the child’s legal parents and be registered on the birth certificate?
Where a same-sex male couple are married/civil partners, and one of that couple will be a sperm donor for a woman who is married/a civil partner to another woman, who would have parental responsibility for the child, be the child’s legal parents and be registered on the birth certificate?
Q&As

Where a section 42 notice is being served under the Leasehold Reform Housing and Urban Development Act 1993, and one of the parties to the lease was a company that is now dissolved, must the notice still be served on them and, if so, how?
Where a section 42 notice is being served under the Leasehold Reform Housing and Urban Development Act 1993, and one of the parties to the lease was a company that is now dissolved, must the notice still be served on them and, if so, how?
Q&As

Where a seller discloses a dispute concerning property to their solicitor and is advised by the solicitor to disclose the dispute to the buyer but instructs the solicitor not to do so, besides advising the client of the risk of a claim in misrepresentation, and that they continue to act against instruction, what other legal or professional obligations are there on the solicitor?
Where a seller discloses a dispute concerning property to their solicitor and is advised by the solicitor to disclose the dispute to the buyer but instructs the solicitor not to do so, besides advising the client of the risk of a claim in misrepresentation, and that they continue to act against instruction, what other legal or professional obligations are there on the solicitor?
Q&As

Where a single parcel of land is to be split into two separate parcels (with separate title numbers), can easements be created over one of the new parcels to prevent the parcel being landlocked, given that both parcels will remain in common ownership? The parcel to be subject to the easements will also be charged.
Where a single parcel of land is to be split into two separate parcels (with separate title numbers), can easements be created over one of the new parcels to prevent the parcel being landlocked, given that both parcels will remain in common ownership? The parcel to be subject to the easements will also be charged.
Q&As

Where a small-bricked building, situated on open space land, is to be leased as a café kiosk, would the lease of the building alone amount to a disposal of open space land? Would the position be different if the lease included a small outdoor seating area?
Where a small-bricked building, situated on open space land, is to be leased as a café kiosk, would the lease of the building alone amount to a disposal of open space land? Would the position be different if the lease included a small outdoor seating area?
Q&As

Where a spouse has died and the family home was in their sole name, would the surviving spouse be able to bring a claim under the Married Women's Property Act 1882 for a declaration as to their share in the family home, where a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is unlikely to be available?
Where a spouse has died and the family home was in their sole name, would the surviving spouse be able to bring a claim under the Married Women's Property Act 1882 for a declaration as to their share in the family home, where a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is unlikely to be available?
Q&As

Where a spouse solely owns the former matrimonial home and has an occupation order excluding the other spouse from the former matrimonial home, can the other spouse register home rights? Where there are no financial remedy proceedings, are there any other steps the non-occupying spouse can take?
Where a spouse solely owns the former matrimonial home and has an occupation order excluding the other spouse from the former matrimonial home, can the other spouse register home rights? Where there are no financial remedy proceedings, are there any other steps the non-occupying spouse can take?
Q&As

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