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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

135

What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on service of NOSP or on granting of the eviction order?
What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on service of NOSP or on granting of the eviction order?
Q&As

What effect does the service of a notice to quit have on the legal status of a secure tenant and of an unauthorised occupant? Once possession is granted by the court is an eviction warrant still required or can possession be taken on the date of possession without a warrant?
What effect does the service of a notice to quit have on the legal status of a secure tenant and of an unauthorised occupant? Once possession is granted by the court is an eviction warrant still required or can possession be taken on the date of possession without a warrant?
Q&As

What is the date of compliance with a breach of condition notice that has been unsuccessfully challenged by way of Judicial Review?
What is the date of compliance with a breach of condition notice that has been unsuccessfully challenged by way of Judicial Review?
Q&As

What is the definition of ‘true value of land’ for a lease extension where the premium is £3,650.00, in accordance with the Land Registry’s PG 67?
What is the definition of ‘true value of land’ for a lease extension where the premium is £3,650.00, in accordance with the Land Registry’s PG 67?
Q&As

What is the latest position on whether a right of way includes a right to load and unload? Has there been an update?
What is the latest position on whether a right of way includes a right to load and unload? Has there been an update?
Q&As

What is the procedure to end a monthly assured periodic tenancy which has come about by the service of a notice pursuant to paragraph 4(1) of the Local Government and Housing Act 1989 in 2013 which terminated the long residential tenancy?
What is the procedure to end a monthly assured periodic tenancy which has come about by the service of a notice pursuant to paragraph 4(1) of the Local Government and Housing Act 1989 in 2013 which terminated the long residential tenancy?
Q&As

What powers and duties does a housing authority to resolve disputes cross alleging anti-social behaviour between the right to buy owners and a secure tenant that the housing authority consider, do not amount to anti-social behaviour but cause endless complaints?
What powers and duties does a housing authority to resolve disputes cross alleging anti-social behaviour between the right to buy owners and a secure tenant that the housing authority consider, do not amount to anti-social behaviour but cause endless complaints?
Q&As

When attempting to obtain possession of residential property on death of a tenant (who has died intestate), a notice to quit has been served on The Personal Representatives’ and a copy to the Public Trustee. On issue of an N5/N119, who is to be the named as defendant?
When attempting to obtain possession of residential property on death of a tenant (who has died intestate), a notice to quit has been served on The Personal Representatives’ and a copy to the Public Trustee. On issue of an N5/N119, who is to be the named as defendant?
Q&As

When completing a statutory declaration, must the declarant state their home address or is a business address sufficient?
When completing a statutory declaration, must the declarant state their home address or is a business address sufficient?
Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?
When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?
Q&As

When freehold land/buildings belonging to a dissolved company is passed to the Crown as bona vacantia, what is the effect of existing restrictions on title?
When freehold land/buildings belonging to a dissolved company is passed to the Crown as bona vacantia, what is the effect of existing restrictions on title?
Q&As

When making an application to the tribunal under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993, do you need to serve the other party or merely lodge the application with the tribunal? Is there anything else required in order to perfect the application?
When making an application to the tribunal under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993, do you need to serve the other party or merely lodge the application with the tribunal? Is there anything else required in order to perfect the application?
Q&As

When serving a contracting out notice under Landlord and Tenant Act 1954, Part II, where the landlord is an executor, is it sufficient to state: ‘The executors of X’, or should the executors be named? Subject to the answer to the first bullet point, is the notice invalid if the executors should be named, but the notice has been served using the wording ‘The executors of X’?
When serving a contracting out notice under Landlord and Tenant Act 1954, Part II, where the landlord is an executor, is it sufficient to state: ‘The executors of X’, or should the executors be named? Subject to the answer to the first bullet point, is the notice invalid if the executors should be named, but the notice has been served using the wording ‘The executors of X’?
Q&As

Where a child is represented separately within care proceedings and the child is competent to give instructions and wishes to move to live with her paternal grandmother in Israel, what application can be made on behalf of the child and what form should be used?
Where a child is represented separately within care proceedings and the child is competent to give instructions and wishes to move to live with her paternal grandmother in Israel, what application can be made on behalf of the child and what form should be used?
Q&As

Where a common law residential tenancy exists: Would the tenancy deposit scheme, and any other statutory requirements, such as Immigration Act 2016 checks, apply? If granted for a fixed term, could the tenancy be brought to an end by any other means other than effluxion of time or forfeiture?
Where a common law residential tenancy exists: Would the tenancy deposit scheme, and any other statutory requirements, such as Immigration Act 2016 checks, apply? If granted for a fixed term, could the tenancy be brought to an end by any other means other than effluxion of time or forfeiture?
Q&As

Where a freehold company seeks to vary the residential leases in the block to allow pets subject to obtaining landlord consent, do all lessees need to consent to the variation? Is it possible absent agreement of all tenants, to apply the lands tribunal to vary the lease?
Where a freehold company seeks to vary the residential leases in the block to allow pets subject to obtaining landlord consent, do all lessees need to consent to the variation? Is it possible absent agreement of all tenants, to apply the lands tribunal to vary the lease?
Q&As

Where a husband and wife were married before the conception of a child (who is now aged ten), and the husband has only just discovered that he is not the biological father of the child, does he have parental responsibility for that child?
Where a husband and wife were married before the conception of a child (who is now aged ten), and the husband has only just discovered that he is not the biological father of the child, does he have parental responsibility for that child?
Q&As

Where a landlord has issued a section 8 possession proceedings which are disputed by the tenant, how is the landlord’s ability to claim and recover costs affected when the tenant instructs solicitors with legal aid?
Where a landlord has issued a section 8 possession proceedings which are disputed by the tenant, how is the landlord’s ability to claim and recover costs affected when the tenant instructs solicitors with legal aid?
Q&As

Where a lease requires that a tenant notify the landlord of any legal charge over the lease and pay a minimum registration fee (without specifying a maximum fee), is there any limit on the fee that can be charged by a management company contracted by the landlord to manage the scheme?
Where a lease requires that a tenant notify the landlord of any legal charge over the lease and pay a minimum registration fee (without specifying a maximum fee), is there any limit on the fee that can be charged by a management company contracted by the landlord to manage the scheme?
Q&As

Where a lease which was held on trust is forfeited, can the beneficiaries seek relief from forfeiture and if so, on what basis? If the beneficiaries make payment of any arrears would the beneficiaries, or the tenant (who is a trustee) be entitled to relief pursuant to section 138 County Courts Act 1984? Would the position change if the tenant/trustee is declared bankrupt after the lease is forfeited?
Where a lease which was held on trust is forfeited, can the beneficiaries seek relief from forfeiture and if so, on what basis? If the beneficiaries make payment of any arrears would the beneficiaries, or the tenant (who is a trustee) be entitled to relief pursuant to section 138 County Courts Act 1984? Would the position change if the tenant/trustee is declared bankrupt after the lease is forfeited?
Q&As

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