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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 right to manage (RTM) landlord fails to carry out works which have been paid for by the tenants through the service charge. How can an individual tenant challenge the RTM landlord? Has there been any judicial consideration of what would be a reasonable period within which the works should be carried out?
A right to manage (RTM) landlord fails to carry out works which have been paid for by the tenants through the service charge. How can an individual tenant challenge the RTM landlord? Has there been any judicial consideration of what would be a reasonable period within which the works should be carried out?
Q&As

A right to manage company wishes to register its title at HM Land Registry: can the company make the application?; does it register its title against the landlord's title or the individual leasehold titles?; does it require the landlord's consent?; how does it satisfy the registrar as to the validity of the claim?
A right to manage company wishes to register its title at HM Land Registry: can the company make the application?; does it register its title against the landlord's title or the individual leasehold titles?; does it require the landlord's consent?; how does it satisfy the registrar as to the validity of the claim?
Q&As

A section 21 notice (section 21 of the Housing Act 1988 (HA 1988)) has been served on a tenant who then leaves the property, but an unknown occupier is living there (subletting being prohibited under the tenancy). Does the landlord need to serve a new HA 1988, s 21 notice on the occupier, or can possession proceedings be issued against the tenant and occupier together?
A section 21 notice (section 21 of the Housing Act 1988 (HA 1988)) has been served on a tenant who then leaves the property, but an unknown occupier is living there (subletting being prohibited under the tenancy). Does the landlord need to serve a new HA 1988, s 21 notice on the occupier, or can possession proceedings be issued against the tenant and occupier together?
Q&As

A section 21 notice was served in December 2023 and specified a termination date for February 2023 (ie a date which had already passed), rather than February 2024. The cover letter contained the correct date. Will a section 21 notice containing this type of obvious error as to the termination date be valid in accelerated possession proceedings?
A section 21 notice was served in December 2023 and specified a termination date for February 2023 (ie a date which had already passed), rather than February 2024. The cover letter contained the correct date. Will a section 21 notice containing this type of obvious error as to the termination date be valid in accelerated possession proceedings?
Q&As

A section 25 notice must be served by both landlords to be valid. Where the tenant is a co-owner of the freehold, is there a procedure that can be used to compel them to sign a section 25 notice? I have also noted the provisions of the local planning authority (LPA) in relation to a split reversion, but if they both owned all of the freehold, it seems unlikely that the tenant/freeholder would sign a notice that would envisage a rent increase on a renewal?
A section 25 notice must be served by both landlords to be valid. Where the tenant is a co-owner of the freehold, is there a procedure that can be used to compel them to sign a section 25 notice? I have also noted the provisions of the local planning authority (LPA) in relation to a split reversion, but if they both owned all of the freehold, it seems unlikely that the tenant/freeholder would sign a notice that would envisage a rent increase on a renewal?
Q&As

A secure tenant has died and their ex husband is currently residing in the property. The tenant vacated the property a few years prior to their death and was residing elsewhere, with a new partner. Would the tenant have lost security of tenure over the property and can possession be obtained following the tenant’s death? If so, what steps need to be taken?
A secure tenant has died and their ex husband is currently residing in the property. The tenant vacated the property a few years prior to their death and was residing elsewhere, with a new partner. Would the tenant have lost security of tenure over the property and can possession be obtained following the tenant’s death? If so, what steps need to be taken?
Q&As

A shop with a flat above is let to a business tenant who sublets the residential part and then moves out of the property three years ago. The residential tenant remains in occupation. The business tenant offers to surrender the lease which is refused. The landlord proceeds against the business tenant’s guarantor under an authorised guarantee agreement. Terms have been agreed as to arrears with the guarantor. The landlord has secured new tenants for the business part and wants to let the business premises by way of a new lease and the residential part by way of an assure shorthold tenancies directly with the residential tenant. Can the landlord now accept the previous offer to surrender the premises having refused it, or can the business tenant be deemed to have abandoned and surrendered the premises by law?
A shop with a flat above is let to a business tenant who sublets the residential part and then moves out of the property three years ago. The residential tenant remains in occupation. The business tenant offers to surrender the lease which is refused. The landlord proceeds against the business tenant’s guarantor under an authorised guarantee agreement. Terms have been agreed as to arrears with the guarantor. The landlord has secured new tenants for the business part and wants to let the business premises by way of a new lease and the residential part by way of an assure shorthold tenancies directly with the residential tenant. Can the landlord now accept the previous offer to surrender the premises having refused it, or can the business tenant be deemed to have abandoned and surrendered the premises by law?
Q&As

A social worker accessed an open Facebook site in a private capacity and came across a photo and the names of children in ongoing care proceedings. A screenshot of the information was taken. Can the information in that screenshot be relied on in the care proceedings and how does it fit in with the Regulation of Investigatory Powers Act 2000 provisions on surveillance?
A social worker accessed an open Facebook site in a private capacity and came across a photo and the names of children in ongoing care proceedings. A screenshot of the information was taken. Can the information in that screenshot be relied on in the care proceedings and how does it fit in with the Regulation of Investigatory Powers Act 2000 provisions on surveillance?
Q&As

A sole trader's business bank account contains monies used as working capital for their business, with a fluctuating balance. How would that account be treated by the court in financial remedy proceedings?
A sole trader's business bank account contains monies used as working capital for their business, with a fluctuating balance. How would that account be treated by the court in financial remedy proceedings?
Q&As

A South African entered into a contract with a South African company while in South Africa (the Contract). The South African national relocated to the UK and then sued a UK company which is affiliated to the South African company. The UK company was not a party to the Contract.
A South African entered into a contract with a South African company while in South Africa (the Contract). The South African national relocated to the UK and then sued a UK company which is affiliated to the South African company. The UK company was not a party to the Contract.
Q&As

A spouse has a large armed forces pension which is already subject to a pension attachment order in favour of their first spouse. As this prevents their second spouse from applying for a pension sharing order against that pension, can the second spouse apply for a pension attachment order in respect of the pension?
A spouse has a large armed forces pension which is already subject to a pension attachment order in favour of their first spouse. As this prevents their second spouse from applying for a pension sharing order against that pension, can the second spouse apply for a pension attachment order in respect of the pension?
Q&As

A spouse has transferred the jointly held legal title of the matrimonial home to the sole name of the other spouse who has bought out their share. Can that spouse subsequently register a home rights notice on the same property? What is the position if they have no intention of occupying the property? Can the now sole owner spouse make an application for removal of the home rights notice in such circumstances?
A spouse has transferred the jointly held legal title of the matrimonial home to the sole name of the other spouse who has bought out their share. Can that spouse subsequently register a home rights notice on the same property? What is the position if they have no intention of occupying the property? Can the now sole owner spouse make an application for removal of the home rights notice in such circumstances?
Q&As

A strict settlement was created by Will in 1953 on the death of a settlor. The tenant for life (A) has now died. B would have ordinarily taken but predeceased A. The interest then passed to the eldest son of B in tail male with remainder. Male heir C survives B with his son (D). Does C take absolutely? Alternatively, does C take a life interest with D taking on his death?
A strict settlement was created by Will in 1953 on the death of a settlor. The tenant for life (A) has now died. B would have ordinarily taken but predeceased A. The interest then passed to the eldest son of B in tail male with remainder. Male heir C survives B with his son (D). Does C take absolutely? Alternatively, does C take a life interest with D taking on his death?
Q&As

A surviving tenant in common, on a sale, has appointed an attorney under an LPA. Should the seller under the contract and the transferor under the transfer be named as the attorney or the surviving tenant in common (acting by the attorney) and the second trustee? Does the attorney have the capacity to appoint the second trustee when the date of the LPA is more than 12 months ago?
A surviving tenant in common, on a sale, has appointed an attorney under an LPA. Should the seller under the contract and the transferor under the transfer be named as the attorney or the surviving tenant in common (acting by the attorney) and the second trustee? Does the attorney have the capacity to appoint the second trustee when the date of the LPA is more than 12 months ago?
Q&As

A suspended committal order was made on a judgment summons application and the judgment debtor has now defaulted under the terms of the order. Other than the judgment creditor filing a statement of default (per Family Procedure Rules 2010, SI 2010/2955, 33.16(4)(b)) what other steps must be taken to apply for the committal of the judgment debtor?
A suspended committal order was made on a judgment summons application and the judgment debtor has now defaulted under the terms of the order. Other than the judgment creditor filing a statement of default (per Family Procedure Rules 2010, SI 2010/2955, 33.16(4)(b)) what other steps must be taken to apply for the committal of the judgment debtor?
Q&As

A teenage child has been placed with another family member under an interim care order and attends a fee-paying school funded by the maternal grandparents. Can the local authority (LA) seek an order to change the schooling arrangements under the interim care order where one of the parents objects, or does the LAs parental responsibility pursuant to the interim order override the natural parent’s parental responsibility?
A teenage child has been placed with another family member under an interim care order and attends a fee-paying school funded by the maternal grandparents. Can the local authority (LA) seek an order to change the schooling arrangements under the interim care order where one of the parents objects, or does the LAs parental responsibility pursuant to the interim order override the natural parent’s parental responsibility?
Q&As

A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred solely into Party B’s name. Under the right to buy scheme, would Party B need to wait three years from the date of the property adjustment order, or three years from the date of the original tenancy agreement? Would the position change if the first year of the original tenancy was an introductory tenancy?
A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred solely into Party B’s name. Under the right to buy scheme, would Party B need to wait three years from the date of the property adjustment order, or three years from the date of the original tenancy agreement? Would the position change if the first year of the original tenancy was an introductory tenancy?
Q&As

A tenant has carried out improvement work without giving notice to the landlord (or as required under the lease obtaining landlord’s consent). Can it rely on the Landlord and Tenant Act 1927 (LTA 1927) for approval of the works, but acknowledging no compensation will be payable as notice was not given? Or does LTA 1927 deal with compensation only and not retrospective approval?
A tenant has carried out improvement work without giving notice to the landlord (or as required under the lease obtaining landlord’s consent). Can it rely on the Landlord and Tenant Act 1927 (LTA 1927) for approval of the works, but acknowledging no compensation will be payable as notice was not given? Or does LTA 1927 deal with compensation only and not retrospective approval?
Q&As

A tenant has carried out works extending the kitchen of the demised premises into the demised garden area. However, this involved knocking through a wall that was retained by the landlord. If the landlord grants retrospective consent by a deed of variation, would the variation amount to a deemed surrender and regrant (eg by way of an extension to the demise)?
A tenant has carried out works extending the kitchen of the demised premises into the demised garden area. However, this involved knocking through a wall that was retained by the landlord. If the landlord grants retrospective consent by a deed of variation, would the variation amount to a deemed surrender and regrant (eg by way of an extension to the demise)?
Q&As

A tenant has entered into a company voluntary arrangement (CVA) and is consequently paying 50% of the contractual rent under the CVA. At the same time they are negotiating a new commercial lease regulated by the Landlord and Tenant Act 1954. Will an application made to the court adversely affect the amount of rent the tenant is paying? Also the landlord is entitled to give nine months notice under the CVA to bring the lease to an end. Can they still do this after protective proceedings have been commenced by the tenant?
A tenant has entered into a company voluntary arrangement (CVA) and is consequently paying 50% of the contractual rent under the CVA. At the same time they are negotiating a new commercial lease regulated by the Landlord and Tenant Act 1954. Will an application made to the court adversely affect the amount of rent the tenant is paying? Also the landlord is entitled to give nine months notice under the CVA to bring the lease to an end. Can they still do this after protective proceedings have been commenced by the tenant?
Q&As

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