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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

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

Where a loan has matured, is a history of the mortgage account required when issuing a possession claim based on mortgage arrears?
Where a loan has matured, is a history of the mortgage account required when issuing a possession claim based on mortgage arrears?
Q&As

Where a non-molestation order has been made and proceedings concluded, can a respondent apply to be released from an undertaking they have given and what is the procedure to do so?
Where a non-molestation order has been made and proceedings concluded, can a respondent apply to be released from an undertaking they have given and what is the procedure to do so?
Q&As

Where a notice pursuant to section 21 of the Housing Act 1988 is served and possession proceedings issued, will the subsequent receipt of an improvement notice from the Council invalidate the section 21 notice?
Where a notice pursuant to section 21 of the Housing Act 1988 is served and possession proceedings issued, will the subsequent receipt of an improvement notice from the Council invalidate the section 21 notice?
Q&As

Where a parent retains a child in breach of a child arrangements order providing for the child to live with the other parent, what steps should be taken to ensure the return of the child, and are there any cases dealing with the return of a child pending investigation into the retaining parent’s case?
Where a parent retains a child in breach of a child arrangements order providing for the child to live with the other parent, what steps should be taken to ensure the return of the child, and are there any cases dealing with the return of a child pending investigation into the retaining parent’s case?
Q&As

Where a party wall award is received by post, what is the period in which a party can lodge their appeal under section 10(17) of the Party Wall etc Act 1996? When does the counting begin and conclude for this period—for example, does service of the award take place on posting or actual receipt of the award? If the period expires on a weekend, what day (and time of day) must the appeal be lodged?
Where a party wall award is received by post, what is the period in which a party can lodge their appeal under section 10(17) of the Party Wall etc Act 1996? When does the counting begin and conclude for this period—for example, does service of the award take place on posting or actual receipt of the award? If the period expires on a weekend, what day (and time of day) must the appeal be lodged?
Q&As

Where a residential tenant has served a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 but has not retained a signed copy, can they still proceed with the lease extension?
Where a residential tenant has served a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 but has not retained a signed copy, can they still proceed with the lease extension?
Q&As

Where a tenant fails to comply with the requirement of a lease to pay a rent deposit, for the purposes of forfeiture, is this a once-and-for-all breach or a continuing breach?
Where a tenant fails to comply with the requirement of a lease to pay a rent deposit, for the purposes of forfeiture, is this a once-and-for-all breach or a continuing breach?
Q&As

Where a tenant has served notice on a landlord exercising the tenant’s right to buy and the tenant is to acquire a leasehold interest, must the notice served by the landlord pursuant to section 125 of the Housing Act 1985 specify the lease expiry date?
Where a tenant has served notice on a landlord exercising the tenant’s right to buy and the tenant is to acquire a leasehold interest, must the notice served by the landlord pursuant to section 125 of the Housing Act 1985 specify the lease expiry date?
Q&As

Where a tenant rents a property under an agreement entitled assured shorthold tenancy (AST) Agreement and all the AST criteria are met apart from the rent, which is at £60 a year, what type of tenancy does the tenant hold? How can the landlord obtain possession of the property?
Where a tenant rents a property under an agreement entitled assured shorthold tenancy (AST) Agreement and all the AST criteria are met apart from the rent, which is at £60 a year, what type of tenancy does the tenant hold? How can the landlord obtain possession of the property?
Q&As

Where a ten-year lease of a telecommunications mast expired in 2018 and the telecommunications operator is holding over, is the current status of the lease (and any negotiation for a new lease) governed by the Landlord and Tenant Act 1954 or by the new Electronic Communications Code?
Where a ten-year lease of a telecommunications mast expired in 2018 and the telecommunications operator is holding over, is the current status of the lease (and any negotiation for a new lease) governed by the Landlord and Tenant Act 1954 or by the new Electronic Communications Code?
Q&As

Where notice has been served on a tenant bringing a tenancy at will to an end, but the tenant fails to vacate the property, what steps must the landlord take to legally evict the tenant?
Where notice has been served on a tenant bringing a tenancy at will to an end, but the tenant fails to vacate the property, what steps must the landlord take to legally evict the tenant?
Q&As

Where parties agree a clean break upon divorce, what is the position with regard to child maintenance, and will that continue to be paid?
Where parties agree a clean break upon divorce, what is the position with regard to child maintenance, and will that continue to be paid?
Q&As

Where property is expressed to be subject to Lammas rights, what are these rights, how do they affect the owner’s ability to deal with their property and how can they be removed?
Where property is expressed to be subject to Lammas rights, what are these rights, how do they affect the owner’s ability to deal with their property and how can they be removed?
Q&As

Where the landlord of an assured shorthold tenancy (AST) served a valid energy performance certificate and gas safety certificate on the tenant before an AST commenced but subsequently these expired during the term, can a valid section 21 notice be served under the Housing Act 1988?
Where the landlord of an assured shorthold tenancy (AST) served a valid energy performance certificate and gas safety certificate on the tenant before an AST commenced but subsequently these expired during the term, can a valid section 21 notice be served under the Housing Act 1988?
Q&As

Would a clause in a tenancy imposing a fine if the tenant is misusing common areas be prohibited by the Tenant Fees Act 2019 or any other legislation?
Would a clause in a tenancy imposing a fine if the tenant is misusing common areas be prohibited by the Tenant Fees Act 2019 or any other legislation?
Q&As

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