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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 suspended committal order is made on a judgment summons, can the committal order be executed (notwithstanding payment of the judgment debt being made) on the basis of a failure to pay sums accruing after the date of the judgment debt, provided that those sums were due under the ‘original order’ (per Family Procedure Rules 2010, SI 2020/2955, 33.16(2)(c)), and where payment of those sums is a term of the suspended committal order itself?
Where a suspended committal order is made on a judgment summons, can the committal order be executed (notwithstanding payment of the judgment debt being made) on the basis of a failure to pay sums accruing after the date of the judgment debt, provided that those sums were due under the ‘original order’ (per Family Procedure Rules 2010, SI 2020/2955, 33.16(2)(c)), and where payment of those sums is a term of the suspended committal order itself?
Q&As

Where a tenant company has been dissolved and the lease is subsequently disclaimed by the Crown, how can the landlord recover possession from a director of the tenant company who has remained in occupation? Can the landlord claim mesne profit for the director’s continued occupation and if so, would this be from the date of dissolution or disclaimer?
Where a tenant company has been dissolved and the lease is subsequently disclaimed by the Crown, how can the landlord recover possession from a director of the tenant company who has remained in occupation? Can the landlord claim mesne profit for the director’s continued occupation and if so, would this be from the date of dissolution or disclaimer?
Q&As

Where a tenant company has been dissolved, but a director of the company (who is also a guarantor) remains in occupation, is the landlord able to take steps to recover possession or must it await disclaimer of the lease first?
Where a tenant company has been dissolved, but a director of the company (who is also a guarantor) remains in occupation, is the landlord able to take steps to recover possession or must it await disclaimer of the lease first?
Q&As

Where a tenant does not wish to take occupation until a set date in the future, can a reversionary lease be used to grant a lease at that future date, without there being an existing lease that is being renewed?
Where a tenant does not wish to take occupation until a set date in the future, can a reversionary lease be used to grant a lease at that future date, without there being an existing lease that is being renewed?
Q&As

Where a tenant entered into a rent deposit deed on the grant of the original lease and the parties are now entering into a renewal lease in relation to which a deposit will also be provided, is a new rent deposit deed required in relation to the renewal lease? Is the position affected by whether the original lease was, or alternatively was not, protected under Part II of the Landlord and Tenant Act 1954 (on the assumption that the renewal lease has the same status as the original lease)?
Where a tenant entered into a rent deposit deed on the grant of the original lease and the parties are now entering into a renewal lease in relation to which a deposit will also be provided, is a new rent deposit deed required in relation to the renewal lease? Is the position affected by whether the original lease was, or alternatively was not, protected under Part II of the Landlord and Tenant Act 1954 (on the assumption that the renewal lease has the same status as the original lease)?
Q&As

Where a tenant has altered the landlord’s retained property by removing an internal wall, can the landlord proceed by way of a retrospective licence to alter (for works outside the demise), or is a deed of variation required? Would a new lease plan be required, where the extent demise has not been altered?
Where a tenant has altered the landlord’s retained property by removing an internal wall, can the landlord proceed by way of a retrospective licence to alter (for works outside the demise), or is a deed of variation required? Would a new lease plan be required, where the extent demise has not been altered?
Q&As

Where a tenant has applied to acquire a new lease of their flat under Part 1, Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993, can the landlord recover the costs of a valuation which was commissioned after, rather than before, the landlord served its counter-notice?
Where a tenant has applied to acquire a new lease of their flat under Part 1, Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993, can the landlord recover the costs of a valuation which was commissioned after, rather than before, the landlord served its counter-notice?
Q&As

Where a tenant has served a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 it may protect its rights following service by notice on the register of the landlord’s title. If the tenant does not register a notice on the landlord’s title, can the tenant sell the flat with the benefit of the section 42 notice?
Where a tenant has served a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 it may protect its rights following service by notice on the register of the landlord’s title. If the tenant does not register a notice on the landlord’s title, can the tenant sell the flat with the benefit of the section 42 notice?
Q&As

Where a tenant has served a section 26 request for a new tenancy under the Landlord and Tenant Act 1954, what is the effect of the tenant entering administration whilst lease renewal proceedings are ongoing?
Where a tenant has served a section 26 request for a new tenancy under the Landlord and Tenant Act 1954, what is the effect of the tenant entering administration whilst lease renewal proceedings are ongoing?
Q&As

Where a tenant has served two notices under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) (and the tenant doubts the validity of either notice), is it possible for the tenant to withdraw the second section 42 notice to encourage the landlord to accept the first notice?
Where a tenant has served two notices under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) (and the tenant doubts the validity of either notice), is it possible for the tenant to withdraw the second section 42 notice to encourage the landlord to accept the first notice?
Q&As

Where a tenant has vacated a property, but their partner, who has learning difficulties, has remained in occupation despite not being named on the tenancy agreement, is it appropriate to serve a notice to quit as a precursor to possession proceedings?
Where a tenant has vacated a property, but their partner, who has learning difficulties, has remained in occupation despite not being named on the tenancy agreement, is it appropriate to serve a notice to quit as a precursor to possession proceedings?
Q&As

Where a tenant is holding over under a business tenancy, what date for the commencement of the new lease must be specified in the Landlord and Tenant Act 1954 section 26 request?
Where a tenant is holding over under a business tenancy, what date for the commencement of the new lease must be specified in the Landlord and Tenant Act 1954 section 26 request?
Q&As

Where a tenant of a commercial lease has gone into administration and vacated a property prior to the contractual end date, there has been no surrender nor forfeiture, and the property has stayed empty, is the landlord entitled to claim the ongoing rent as an unsecured creditor by way of a provable debt in the administration, and what role does the Insolvency Rules 2016, SI 2016/1024, r 14.22 play in this situation?
Where a tenant of a commercial lease has gone into administration and vacated a property prior to the contractual end date, there has been no surrender nor forfeiture, and the property has stayed empty, is the landlord entitled to claim the ongoing rent as an unsecured creditor by way of a provable debt in the administration, and what role does the Insolvency Rules 2016, SI 2016/1024, r 14.22 play in this situation?
Q&As

Where a tenant of a lease which is contracted out of the Landlord and Tenant Act 1954 (LTA 1954) wishes to underlet part of the demise to a Statutory Undertaker, can the landlord insist that the underlease is also contracted out of the LTA 1954 (if the headlease is silent on the point) or is it a matter of negotiation? If the landlord agrees to the underlease having the protection of the LTA 1954, what are the key considerations for the landlord when it comes to obtaining vacant possession of the land at the end of the term?
Where a tenant of a lease which is contracted out of the Landlord and Tenant Act 1954 (LTA 1954) wishes to underlet part of the demise to a Statutory Undertaker, can the landlord insist that the underlease is also contracted out of the LTA 1954 (if the headlease is silent on the point) or is it a matter of negotiation? If the landlord agrees to the underlease having the protection of the LTA 1954, what are the key considerations for the landlord when it comes to obtaining vacant possession of the land at the end of the term?
Q&As

Where a tenant of an assured shorthold tenancy has died leaving a Will (and the principles of survivorship, statutory succession and contractual succession do not apply) can the tenancy only be distributed to a beneficiary once a Grant of Probate is obtained? If so, if a beneficiary is in occupation of the property to which the tenancy is subject, should any notices relating to the tenancy be served on the executors unless and until the tenancy has been distributed?
Where a tenant of an assured shorthold tenancy has died leaving a Will (and the principles of survivorship, statutory succession and contractual succession do not apply) can the tenancy only be distributed to a beneficiary once a Grant of Probate is obtained? If so, if a beneficiary is in occupation of the property to which the tenancy is subject, should any notices relating to the tenancy be served on the executors unless and until the tenancy has been distributed?
Q&As

Where a tenant remains in occupation after the contractual expiry of a contracted-out business lease, what is the nature of that occupation?
Where a tenant remains in occupation after the contractual expiry of a contracted-out business lease, what is the nature of that occupation?
Q&As

Where a tenant remains in occupation after the expiry of a lease under an implied tenancy at will, if the landlord terminates the tenancy, can it make a dilapidations claim?
Where a tenant remains in occupation after the expiry of a lease under an implied tenancy at will, if the landlord terminates the tenancy, can it make a dilapidations claim?
Q&As

Where a tenant was granted a commercial lease for 20 years from the date of grant, and at the same time also took a reversionary lease for a further 20 years from expiry of the first lease, what date is the tenant to take into account when considering the standard of repair to be expected under the reversionary lease?
Where a tenant was granted a commercial lease for 20 years from the date of grant, and at the same time also took a reversionary lease for a further 20 years from expiry of the first lease, what date is the tenant to take into account when considering the standard of repair to be expected under the reversionary lease?
Q&As

Where a title has an old HM Land Registry form A restriction, is it possible, upon assent of the property, to add a second trustee to give good receipt of the capital and overreach the restriction? If not, must the restriction be cancelled and a statement of truth provided to HM Land Registry?
Where a title has an old HM Land Registry form A restriction, is it possible, upon assent of the property, to add a second trustee to give good receipt of the capital and overreach the restriction? If not, must the restriction be cancelled and a statement of truth provided to HM Land Registry?
Q&As

Where a transfer contains an indemnity covenant but there is no note of that indemnity on the registered title, is the chain of indemnity broken merely by a note not being made on the register? In such a case, would a transferee still have to give an indemnity in the transfer to it?
Where a transfer contains an indemnity covenant but there is no note of that indemnity on the registered title, is the chain of indemnity broken merely by a note not being made on the register? In such a case, would a transferee still have to give an indemnity in the transfer to it?
Q&As

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