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Kate Andrews
Kate Andrews
Hamlins
Contributions by Hamlins Experts

94

Can a landlord insist on a contribution of 50% of costs of repair work to a roof when the roof collapsed? This should have been covered by insurance but they would not pay out as the roof was not repaired.
Can a landlord insist on a contribution of 50% of costs of repair work to a roof when the roof collapsed? This should have been covered by insurance but they would not pay out as the roof was not repaired.
Q&As

Can a landlord proceed to forfeit a commercial lease on the basis that a bankruptcy order has been made knowing that the application for annulment (the grounds being that the petition was not served) is due to be made where there are no other forfeiture grounds? If the lease is forfeited and a new lease granted to a new tenant regardless of the proposed application for annulment will any annulment of the order have any effect on the newly granted lease?
Can a landlord proceed to forfeit a commercial lease on the basis that a bankruptcy order has been made knowing that the application for annulment (the grounds being that the petition was not served) is due to be made where there are no other forfeiture grounds? If the lease is forfeited and a new lease granted to a new tenant regardless of the proposed application for annulment will any annulment of the order have any effect on the newly granted lease?
Q&As

Can a landlord serve an s 21 notice to end an AST where it is in breach of its obligation to provide prescribed information, where the tenancy agreement is a continuation tenancy, first granted in February 2014?
Can a landlord serve an s 21 notice to end an AST where it is in breach of its obligation to provide prescribed information, where the tenancy agreement is a continuation tenancy, first granted in February 2014?
Q&As

Can a Party Wall Act notice be withdrawn once it has been served?
Can a Party Wall Act notice be withdrawn once it has been served?
Q&As

Can a section 42 notice be served by the buyer's solicitors in between exchange and completion? If so, what are the pitfalls of this?
Can a section 42 notice be served by the buyer's solicitors in between exchange and completion? If so, what are the pitfalls of this?
Q&As

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all other formal requirements under LTA 1987, ss 5 and 5A are satisfied?
Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all other formal requirements under LTA 1987, ss 5 and 5A are satisfied?
Q&As

Can landlords in commercial leases offset rent arrears from the sale proceeds of goods that have been left at premises at the end of a lease?
Can landlords in commercial leases offset rent arrears from the sale proceeds of goods that have been left at premises at the end of a lease?
Q&As

Could a lease which is a long lease (for example 99 years) be classified as an assured shorthold tenancy (AST) and be subject to the grounds for possession under the Housing Act 1988?
Could a lease which is a long lease (for example 99 years) be classified as an assured shorthold tenancy (AST) and be subject to the grounds for possession under the Housing Act 1988?
Q&As

Do rights of light provisions in a transfer of part bind the buyer’s successors in title? For example, on a sale of part from B to A: there is no express grant of rights of light to A and the transfer expressly prohibits A from acquiring a right to light over the retained land by implication or prescription. Will such provisions bind A’s successors in title?
Do rights of light provisions in a transfer of part bind the buyer’s successors in title? For example, on a sale of part from B to A: there is no express grant of rights of light to A and the transfer expressly prohibits A from acquiring a right to light over the retained land by implication or prescription. Will such provisions bind A’s successors in title?
Q&As

Does a prescriptive right attach ancillary rights? If A obtains a prescriptive right of way over B’s land, would that right be deemed to benefit A’s successors in title and those authorised by A? If A wanted to authorise others to use the right of way to access A’s land, could A authorise this?
Does a prescriptive right attach ancillary rights? If A obtains a prescriptive right of way over B’s land, would that right be deemed to benefit A’s successors in title and those authorised by A? If A wanted to authorise others to use the right of way to access A’s land, could A authorise this?
Q&As

Following the rescission by a buyer of a contract to purchase a house, is the seller entitled to claim from the buyer compensation for the expenses they have incurred on their own part (hotel, storage charges, etc), and also expenses claimed from them by their sellers, and further up the chain, in addition to forfeiting the deposit or is the claim limited to the forfeited deposit?
Following the rescission by a buyer of a contract to purchase a house, is the seller entitled to claim from the buyer compensation for the expenses they have incurred on their own part (hotel, storage charges, etc), and also expenses claimed from them by their sellers, and further up the chain, in addition to forfeiting the deposit or is the claim limited to the forfeited deposit?
Q&As

For adverse possession of registered properties, is there a case law which deals with whether occupation needs to be present, and if not, how historic may the occupation be? If so, is it possible to pursue adverse possession on the basis of the historic position of a fence which has subsequently been removed and has not been replaced?
For adverse possession of registered properties, is there a case law which deals with whether occupation needs to be present, and if not, how historic may the occupation be? If so, is it possible to pursue adverse possession on the basis of the historic position of a fence which has subsequently been removed and has not been replaced?
Q&As

Has there been a presumed dedication of land as a highway if a street lamp has been erected on a verge which HM Land Registry notes is under a separate title number? Is there anything that can be done to rectify the discrepancy?
Has there been a presumed dedication of land as a highway if a street lamp has been erected on a verge which HM Land Registry notes is under a separate title number? Is there anything that can be done to rectify the discrepancy?
Q&As

If a deed, which is registered as a legal charge on a property provides for the payment of interest, is there any time limitation on how far the mortgagor can go back and claim unpaid interest?
If a deed, which is registered as a legal charge on a property provides for the payment of interest, is there any time limitation on how far the mortgagor can go back and claim unpaid interest?
Q&As

If a dominant owner has an easement to drain into a septic tank and the tank is failing causing a nuisance, does the dominant owner have the right to arrange the replacement of the septic tank?
If a dominant owner has an easement to drain into a septic tank and the tank is failing causing a nuisance, does the dominant owner have the right to arrange the replacement of the septic tank?
Q&As

If a landlord re-enters a property following a final possession order to evict squatters and some possessions have been left in the property, is the landlord an involuntary bailee of the possessions? What should the landlord do if the squatters break back in?
If a landlord re-enters a property following a final possession order to evict squatters and some possessions have been left in the property, is the landlord an involuntary bailee of the possessions? What should the landlord do if the squatters break back in?
Q&As

If a landlord serves an invalid notice under section 5 of the Landlord and Tenant Act 1987, does that landlord have to wait 12 months before they can serve another notice? Or, once the two-month period has elapsed, can the landlord discontinue under the first notice and serve a new notice?
If a landlord serves an invalid notice under section 5 of the Landlord and Tenant Act 1987, does that landlord have to wait 12 months before they can serve another notice? Or, once the two-month period has elapsed, can the landlord discontinue under the first notice and serve a new notice?
Q&As

If a lease does not contain a rent review clause for business property and it does not state the landlord can increase their prices, can they do so?
If a lease does not contain a rent review clause for business property and it does not state the landlord can increase their prices, can they do so?
Q&As

If a lease is terminated on the contractual expiry date and a tenant issues proceedings for a renewal, is the tenant required to pay an invoice for rent to be paid in advance, which was issued after that date? Is a tenant entitled to a refund of rent if there is a determination order or if the tenant discontinues the proceedings?
If a lease is terminated on the contractual expiry date and a tenant issues proceedings for a renewal, is the tenant required to pay an invoice for rent to be paid in advance, which was issued after that date? Is a tenant entitled to a refund of rent if there is a determination order or if the tenant discontinues the proceedings?
Q&As

If a residential lease stipulates that all rooms should be carpeted except the bathroom, can the tenant use alternative sound proofing material or does it have to be carpet?
If a residential lease stipulates that all rooms should be carpeted except the bathroom, can the tenant use alternative sound proofing material or does it have to be carpet?
Q&As

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