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Field Court Chambers

Experts

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Christine Cooper
Christine Cooper
Field Court Chambers
Emma Godfrey
Emma Godfrey
Field Court Chambers
Rebecca Davies
Rebecca Davies
Barrister
Field Court Chambers
Rebecca Handcock
Rebecca Handcock
Barrister
Field Court Chambers
Contributions by Field Court Chambers Experts

140

If a tenant's solicitors negligently fail to include a break clause in a lease, when does the limitation period start to run? When the lease is completed, when the tenant notices the error, or when the break would have been exercised?
If a tenant's solicitors negligently fail to include a break clause in a lease, when does the limitation period start to run? When the lease is completed, when the tenant notices the error, or when the break would have been exercised?
Q&As

If a unilateral notice is signed by a person to sever a joint tenancy but if the person who signed the notice dies before the notice is served, is the severance effective or would it only have been effective if served on the co-owner?
If a unilateral notice is signed by a person to sever a joint tenancy but if the person who signed the notice dies before the notice is served, is the severance effective or would it only have been effective if served on the co-owner?
Q&As

In a case where a child is habitually resident in the US (a Hague Convention country), and a parent brings the child to the UK, and the other parent then issues proceedings in the US domestic courts, would an order made in the US be enforceable in this jurisdiction if the child's habitual residence has not changed from the US to the UK? No application has been made under the Hague Convention. Are there any applications that the parent in this jurisdiction could make here to ensure that they and the child are able to remain in the UK?
In a case where a child is habitually resident in the US (a Hague Convention country), and a parent brings the child to the UK, and the other parent then issues proceedings in the US domestic courts, would an order made in the US be enforceable in this jurisdiction if the child's habitual residence has not changed from the US to the UK? No application has been made under the Hague Convention. Are there any applications that the parent in this jurisdiction could make here to ensure that they and the child are able to remain in the UK?
Q&As

In a commercial lease the tenant has covenanted not to ‘permit any contaminative substances to be on the Property’. It has been discovered that the former tenant deposited contaminative substances on the site. Is the new tenant in breach of covenant for not removing these substances?
In a commercial lease the tenant has covenanted not to ‘permit any contaminative substances to be on the Property’. It has been discovered that the former tenant deposited contaminative substances on the site. Is the new tenant in breach of covenant for not removing these substances?
Q&As

In a commercial lease, if a tenant has a covenant not to park or allow any vehicles to be parked in a certain area, does this impose positive obligations on the tenant to prevent their customers from parking in the specified area? How far would the tenant have to go to prevent their customers from parking in the area?
In a commercial lease, if a tenant has a covenant not to park or allow any vehicles to be parked in a certain area, does this impose positive obligations on the tenant to prevent their customers from parking in the specified area? How far would the tenant have to go to prevent their customers from parking in the area?
Q&As

In care proceedings, the local authority sought a direction that the Parent A should not be given notice of the proceedings, and the court ordered that the Parent A would receive notice if they instructed solicitors, and for the court bundle to be redacted including details of the parties’ representatives. Parent B believes Parent A to be a threat to them and the children. The local authority has now provided Parent A’s solicitor with details of Parent B’s representatives in error. What steps can be taken to prevent that information being disclosed to Parent A by their solicitor?
In care proceedings, the local authority sought a direction that the Parent A should not be given notice of the proceedings, and the court ordered that the Parent A would receive notice if they instructed solicitors, and for the court bundle to be redacted including details of the parties’ representatives. Parent B believes Parent A to be a threat to them and the children. The local authority has now provided Parent A’s solicitor with details of Parent B’s representatives in error. What steps can be taken to prevent that information being disclosed to Parent A by their solicitor?
Q&As

In respect of an accelerated possession claim, (a) can a landlord seek costs on a standard basis, where a tenant files a defence which is without merit? (b)can a counterclaim be added to a defence?
In respect of an accelerated possession claim, (a) can a landlord seek costs on a standard basis, where a tenant files a defence which is without merit? (b)can a counterclaim be added to a defence?
Q&As

In what circumstances will an easement acquired by long use bind a purchaser of registered land?
In what circumstances will an easement acquired by long use bind a purchaser of registered land?
Q&As

Is a a mobility scooter classified as a motor vehicle under section 3 of the Clean Neighbourhoods and Environment Act 2005, for the purpose of a 'motor vehicle' in respect of nuisance parking offences?
Is a a mobility scooter classified as a motor vehicle under section 3 of the Clean Neighbourhoods and Environment Act 2005, for the purpose of a 'motor vehicle' in respect of nuisance parking offences?
Q&As

Is a Charity Act statement required in a deed of surrender of an unregistered lease for nil consideration where the landlord’s title is registered in the name of two trustees holding on trust for a non-exempt charity?
Is a Charity Act statement required in a deed of surrender of an unregistered lease for nil consideration where the landlord’s title is registered in the name of two trustees holding on trust for a non-exempt charity?
Q&As

Is a fire risk assessment required for a new commercial property which has a building regulation completion certificate? Does a building regulation completion certificate mean that a separate fire risk assessment is not required for the period of one year from completion?
Is a fire risk assessment required for a new commercial property which has a building regulation completion certificate? Does a building regulation completion certificate mean that a separate fire risk assessment is not required for the period of one year from completion?
Q&As

Is a Right to Manage (RTM) company entitled to give notice of its claim to acquire the right to manage, where most of the 50% of qualifying tenants are members of the company, but two of them are directors of it (we understand that directors of the RTM company cannot also be members of the RTM company)?
Is a Right to Manage (RTM) company entitled to give notice of its claim to acquire the right to manage, where most of the 50% of qualifying tenants are members of the company, but two of them are directors of it (we understand that directors of the RTM company cannot also be members of the RTM company)?
Q&As

Is it lawful for an authorized guarantee agreement granted under the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) to oblige a guarantor to take a new lease if the original lease is forfeited? LT(C)A 1995, s 16 only refers to a guarantor being obliged to enter into a new lease if the original lease is disclaimed.
Is it lawful for an authorized guarantee agreement granted under the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) to oblige a guarantor to take a new lease if the original lease is forfeited? LT(C)A 1995, s 16 only refers to a guarantor being obliged to enter into a new lease if the original lease is disclaimed.
Q&As

Is it possible to assign a caution against first registration?
Is it possible to assign a caution against first registration?
Q&As

Is it possible to grant an easement for the benefit of not only land which is already in the ownership of the grantee, but also any clearly identifiable land that the grantee intends to acquire in the future?
Is it possible to grant an easement for the benefit of not only land which is already in the ownership of the grantee, but also any clearly identifiable land that the grantee intends to acquire in the future?
Q&As

Is it reasonable for a long lease to permit the landlord to forfeit the lease in the event that the tenant becomes insolvent if the lease was not granted at a premium and the rent payable is not full market value?
Is it reasonable for a long lease to permit the landlord to forfeit the lease in the event that the tenant becomes insolvent if the lease was not granted at a premium and the rent payable is not full market value?
Q&As

Is the section 21 notice process and requirements under the Housing Act 1988 different for Welsh landlords and properties than for English properties and landlords? Do the requirements for the landlord to submit to the tenants an energy performance certificate, gas safety certificate and how to rent guide apply to section 21 notices in respect of Welsh landlords and properties?
Is the section 21 notice process and requirements under the Housing Act 1988 different for Welsh landlords and properties than for English properties and landlords? Do the requirements for the landlord to submit to the tenants an energy performance certificate, gas safety certificate and how to rent guide apply to section 21 notices in respect of Welsh landlords and properties?
Q&As

Is there a case which interprets a break clause which stipulates exactly six months’ notice to include service of over six months’ notice
Is there a case which interprets a break clause which stipulates exactly six months’ notice to include service of over six months’ notice
Q&As

Is there a procedure where a management order pursuant to section 24 of the Landlord and Tenant Act 1987 expires and the manager wants to continue management?
Is there a procedure where a management order pursuant to section 24 of the Landlord and Tenant Act 1987 expires and the manager wants to continue management?
Q&As

Is there a statute, case law or any other authority that provides the definition for a ‘council housing estate’?
Is there a statute, case law or any other authority that provides the definition for a ‘council housing estate’?
Q&As

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