4 King’s Bench Walk

Would fixed recoverable costs (FRC) apply in a matter where an application is made for possession of a property for enforcement purposes, specifically an application for an order for sale pursuant to a Final Charging Order? A possession claim is a Part 8 claim and CPR 8.9(c) provides that Part 8 claims shall be treated as allocated to the multi-track, therefore, would the FRC apply to this?

Would it be potentially fair for an employer to dismiss a care home employee if the reason for the dismissal was because the employee refused to be vaccinated against coronavirus (COVID-19)?

Would section 57(3) of the Leasehold Reform, Housing and Urban Development Act 1993 apply when there is a licence for a storage area between the lessee at that time and the intermediate landlord, but the competent landlord is a superior landlord?

Would service charge not reserved as rent count as rent for enlargement purposes? And does a premium constitute rent and prevent a term from being enlarged?

Would serving a notice to change or amend part of an agreement, act as affirmation of a contract? Can damages still be recovered after the contract has been affirmed?

Would the execution of mirror Wills by a married couple, which each contain a nil rate band discretionary trust on first death, be sufficient to show a common intention to sever a joint tenancy of land?

Would the granting of three separate licences to occupy to three individuals (unrelated) breach a covenant requiring a property to be ‘a private dwelling house’?

Would the purchaser of a freehold interest subject to a residential student tenancy be able to enforce a parental guarantee, where the definition of the term landlord in that guarantee does not refer to the landlord’s successor-in-title?

Would the RNRB be available where a deceased individual died in 2020 leaving their estate to their children but where they had sold their only residential property in 2018?

Would the service of a notice under section 20 of the Landlord and Tenant Act 1985 by a freeholder in respect of proposed qualifying works to a residential block waive a right to forfeit which exists in respect of service charge arrears?

Would the tenant of a farm have an IHT liability on their death? Would it depend on the type of agricultural tenancy they have? Would the answer differ for a tenant of other commercial property?

Would use of a property by one of the family members (a registered childminder) as a childminding facility for the children she looks after be a breach of the restrictive covenant on the title to the property requiring that it is not to be used 'otherwise than as a single private residence only'?

Would varying a mutual break clause in a lease by extending the break date equate to extending the term and, consequently, result in a surrender and re-grant?

X is a buyer of a business (which includes commercial property) and is using a lender to finance the purchase. A new lease is to be granted and this will immediately be transferred to X on completion (ie grant of lease and assignment will have the same date). The lender's charge says 'This is a Legal Charge over the Mortgaged Property described in the Schedule’. Meanwhile the Schedule has two boxes to describe the property. One is for registered titles (ultimately it will be registered but won't be at the point of completion) and the other for unregistered (this box has date, details and parties). Would it be appropriate to include both the lease (to which X is not a party) and a TR1 or just TR1 in unregistered box?