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Kate Andrews
Kate Andrews
Hamlins
Contributions by Hamlins Experts

94

Letter of instruction to rights of light surveyor—instructed by proposed developer
Letter of instruction to rights of light surveyor—instructed by proposed developer
Precedents

This is a precedent letter of instruction to a rights of light surveyor where a client is considering undertaking a proposed development and needs expert advice as to whether that development is likely to result in actionable interference with any rights of light enjoyed by neighbouring properties. In addition to providing guidance on the form and contents of, including documents to enclose with, the letter instructing the expert, it also covers important issues including the conflicts of interest, the expert’s fees, privilege and confidentiality.

If an owner has discovered adverse possession taking place, how can he prevent any applications being made and recovering the land without alerting the squatter to their rights?
If an owner has discovered adverse possession taking place, how can he prevent any applications being made and recovering the land without alerting the squatter to their rights?
Q&As

If the tenant of a lease granted five years ago, which provides for a specific permitted use (with a side letter accompanying it to modify the permitted use), intends to make alterations by way of licence to part only of the demised premises, which requires a change of use not permitted by the lease or the side letter, how should the change of use for part only of the demised premises be dealt with, and what (if any) effect will this have on the lease? Can a further side letter be entered into at this point?
If the tenant of a lease granted five years ago, which provides for a specific permitted use (with a side letter accompanying it to modify the permitted use), intends to make alterations by way of licence to part only of the demised premises, which requires a change of use not permitted by the lease or the side letter, how should the change of use for part only of the demised premises be dealt with, and what (if any) effect will this have on the lease? Can a further side letter be entered into at this point?
Q&As

In 1991, part of a freehold property which is subject to a rentcharge dating back to 1788 and has been subject to various transfers since 1788, was sold and the seller indemnified the purchaser of part against any rentcharges. That part is now being sold again. Should the seller seek an indemnity from their purchaser in respect of future payments of rentcharges, in order to ensure that the seller is protected from any future payments of rentcharges? The rentcharge owner is unknown.
In 1991, part of a freehold property which is subject to a rentcharge dating back to 1788 and has been subject to various transfers since 1788, was sold and the seller indemnified the purchaser of part against any rentcharges. That part is now being sold again. Should the seller seek an indemnity from their purchaser in respect of future payments of rentcharges, in order to ensure that the seller is protected from any future payments of rentcharges? The rentcharge owner is unknown.
Q&As

In a development comprising a block of flats, with the individual flats being demised on 99 year terms to the leaseholders, and the common parts being demised on a similar 99 year term to a residents company controlled by the leaseholders (Company), you have the typical development scenario. If in due course the Company acquires the freehold and then grants new much longer leases to the individual leaseholders, but does nothing with the original lease of the common parts, what would be the status of this lease in terms of the leaseholders? On the face of it they enjoy the benefit of the leasehold easements under their new longer leases, but remain subject to the negative covenants etc contained in the lease of the common parts
In a development comprising a block of flats, with the individual flats being demised on 99 year terms to the leaseholders, and the common parts being demised on a similar 99 year term to a residents company controlled by the leaseholders (Company), you have the typical development scenario. If in due course the Company acquires the freehold and then grants new much longer leases to the individual leaseholders, but does nothing with the original lease of the common parts, what would be the status of this lease in terms of the leaseholders? On the face of it they enjoy the benefit of the leasehold easements under their new longer leases, but remain subject to the negative covenants etc contained in the lease of the common parts
Q&As

In a possession hearing in the County Court in front of a district judge, the landlord was represented by a letting agent as the instructed solicitor could not attend. The agent had first-hand knowledge of the matter and the proceedings. The court would not hear the letting agent and adjourned the matter. Was the court correct in adjourning the matter?
In a possession hearing in the County Court in front of a district judge, the landlord was represented by a letting agent as the instructed solicitor could not attend. The agent had first-hand knowledge of the matter and the proceedings. The court would not hear the letting agent and adjourned the matter. Was the court correct in adjourning the matter?
Q&As

In a prospective collective enfranchisement claim, if one of the proposed participating leaseholders is a company which holds the long residential lease of a flat, and lets it out on short term lets, is this classed as a business lease, and would the Company be entitled to join in the claim?
In a prospective collective enfranchisement claim, if one of the proposed participating leaseholders is a company which holds the long residential lease of a flat, and lets it out on short term lets, is this classed as a business lease, and would the Company be entitled to join in the claim?
Q&As

In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have to serve notice to recover possession and does he need a court order?
In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have to serve notice to recover possession and does he need a court order?
Q&As

In a terminal dilapidations claim where the landlord has carried out some, but not all, of the works in the schedule of dilapidations, would the landlord be limited to claiming the costs of the works only where this is less than the section 18 valuation? Does the statutory cap in the first limb of section 18(1) of the Landlord and Tenant Act 1927 also limit any claims for legal and surveyors fees and consequential losses, such as loss of rent?
In a terminal dilapidations claim where the landlord has carried out some, but not all, of the works in the schedule of dilapidations, would the landlord be limited to claiming the costs of the works only where this is less than the section 18 valuation? Does the statutory cap in the first limb of section 18(1) of the Landlord and Tenant Act 1927 also limit any claims for legal and surveyors fees and consequential losses, such as loss of rent?
Q&As

In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?
In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?
Q&As

Is a landlord required to serve a section 21 notice, or any form of notice, to recover possession of residential property subject to an assured shorthold tenancy upon death of the tenant, or does the tenancy come to an end as a result of the tenant’s death, thereby entitling the landlord to immediate possession? If notice is required and no grant of probate/letters of administration has/have been issued, upon whom and where should the notice be served?
Is a landlord required to serve a section 21 notice, or any form of notice, to recover possession of residential property subject to an assured shorthold tenancy upon death of the tenant, or does the tenancy come to an end as a result of the tenant’s death, thereby entitling the landlord to immediate possession? If notice is required and no grant of probate/letters of administration has/have been issued, upon whom and where should the notice be served?
Q&As

Is a notice under section 21 of the Housing Act 1988 valid if the deposit was protected within 30 days, the prescribed information (other than the deposit protection certificate) was given to the tenant before the date the deposit was protected in a tenancy deposit scheme, but the deposit protection certificate was not given to the tenant for over one year after collection of the deposit from the tenant?
Is a notice under section 21 of the Housing Act 1988 valid if the deposit was protected within 30 days, the prescribed information (other than the deposit protection certificate) was given to the tenant before the date the deposit was protected in a tenancy deposit scheme, but the deposit protection certificate was not given to the tenant for over one year after collection of the deposit from the tenant?
Q&As

Is it a proper defence to a claim for breach of a warranty that a fixture has been properly maintained if the fixture would have needed replacing shortly after the sale, even if it had been properly maintained?
Is it a proper defence to a claim for breach of a warranty that a fixture has been properly maintained if the fixture would have needed replacing shortly after the sale, even if it had been properly maintained?
Q&As

Is there any caselaw demonstrating the court’s assessment of damages for misrepresentation where a vendor of a property has misrepresented the situation regarding nuisance neighbours, with damages being sought for loss of enjoyment, stress and inconvenience?
Is there any caselaw demonstrating the court’s assessment of damages for misrepresentation where a vendor of a property has misrepresented the situation regarding nuisance neighbours, with damages being sought for loss of enjoyment, stress and inconvenience?
Q&As

On a Landlord and Tenant Act 1954 renewal, a landlord holds a registered headlease. The renewal is an underlease of the whole. The existing underlease is registered. Is the tenant right that a HMLR compliant plan must be produced?
On a Landlord and Tenant Act 1954 renewal, a landlord holds a registered headlease. The renewal is an underlease of the whole. The existing underlease is registered. Is the tenant right that a HMLR compliant plan must be produced?
Q&As

On the sale of a mixed use building which comprises a freehold title and a separate long leasehold title of a small area of ancillary land adjacent to this which has been built on, but its use is unknown, is it necessary to serve a notice under section 5 of the Landlord and Tenant Act 1987 in respect of the leasehold title as well as the freehold title?
On the sale of a mixed use building which comprises a freehold title and a separate long leasehold title of a small area of ancillary land adjacent to this which has been built on, but its use is unknown, is it necessary to serve a notice under section 5 of the Landlord and Tenant Act 1987 in respect of the leasehold title as well as the freehold title?
Q&As

The customer is filing a claim for possession using the accelerated possession procedure. If the matter is dealt with solely on the paperwork (as is usual) and the Judge grants an order for possession then there is usually an order for fixed costs. However, the tenancy agreement makes provision for costs to be paid by the tenant. Is it possible to include a claim all landlord’s costs to be considered by the Judge in the particulars and, if so, how should this be dealt with?
The customer is filing a claim for possession using the accelerated possession procedure. If the matter is dealt with solely on the paperwork (as is usual) and the Judge grants an order for possession then there is usually an order for fixed costs. However, the tenancy agreement makes provision for costs to be paid by the tenant. Is it possible to include a claim all landlord’s costs to be considered by the Judge in the particulars and, if so, how should this be dealt with?
Q&As

The landlord wishes to sell the freehold at auction and accordingly served notices under section 5 of Landlord and Tenant Act 1987 on the two-long lease flat owners. The flat owners served notices indicating an intention to purchase the freehold and the landlord did not therefore sell at the auction. However, the flat owners did not actively pursue the purchase for six months. Can a normal transfer to the flat owners now be entered into or are new notices required to confirm the sale will be by private treaty rather than auction?
The landlord wishes to sell the freehold at auction and accordingly served notices under section 5 of Landlord and Tenant Act 1987 on the two-long lease flat owners. The flat owners served notices indicating an intention to purchase the freehold and the landlord did not therefore sell at the auction. However, the flat owners did not actively pursue the purchase for six months. Can a normal transfer to the flat owners now be entered into or are new notices required to confirm the sale will be by private treaty rather than auction?
Q&As

The original buyer of a property, X, entered into positive covenants to maintain a wall. On selling the property, X obtained from its buyer, Y, a covenant by way of indemnity to observe and perform those covenants. Is there a risk that X could incur liability in tort for an injury caused as a result of a failure to maintain the wall even though X no longer has any right of access to the property?
The original buyer of a property, X, entered into positive covenants to maintain a wall. On selling the property, X obtained from its buyer, Y, a covenant by way of indemnity to observe and perform those covenants. Is there a risk that X could incur liability in tort for an injury caused as a result of a failure to maintain the wall even though X no longer has any right of access to the property?
Q&As

The tenant has served a section 42 notice to extend their lease. However, they have requested a term of 155 years from the original term rather than 215 years or the residue plus 90 years will this invalidate the notice?
The tenant has served a section 42 notice to extend their lease. However, they have requested a term of 155 years from the original term rather than 215 years or the residue plus 90 years will this invalidate the notice?
Q&As

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