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Kate Andrews
Kate Andrews
Hamlins
Contributions by Hamlins Experts

94

Under the Leasehold Reform Act 1967, where a tenant has served a notice of tenant's claim to acquire the freehold or an extended lease, which correctly states that the valuation should be under section 9(1)(c) as the rent exceeds the applicable limit under section 1AA (meaning a marriage value will have to be taken into consideration for the premium), but the landlord has served a notice in reply to tenant's claim which mistakenly states that the property should be valued under section 9(1), (which does not take a marriage value into consideration and is more favourable to the tenant), will the landlord be bound to value the property under section 9(1)?
Under the Leasehold Reform Act 1967, where a tenant has served a notice of tenant's claim to acquire the freehold or an extended lease, which correctly states that the valuation should be under section 9(1)(c) as the rent exceeds the applicable limit under section 1AA (meaning a marriage value will have to be taken into consideration for the premium), but the landlord has served a notice in reply to tenant's claim which mistakenly states that the property should be valued under section 9(1), (which does not take a marriage value into consideration and is more favourable to the tenant), will the landlord be bound to value the property under section 9(1)?
Q&As

What is the deemed date of service of notices in connection with lease extension claims and collective enfranchisement claims under Leasehold Reform, Housing and Urban Development Act 1993, if the notices are served by first class post? Can notices be served by fax?
What is the deemed date of service of notices in connection with lease extension claims and collective enfranchisement claims under Leasehold Reform, Housing and Urban Development Act 1993, if the notices are served by first class post? Can notices be served by fax?
Q&As

What is the effect on a landlord's interim rent application (contained in an Acknowledgment of Service) where an agreement for lease is subsequently entered into by the landlord and tenant, and the current tenancy loses the protection of Part II of the Landlord and Tenant Act 1954 pursuant to section 28?
What is the effect on a landlord's interim rent application (contained in an Acknowledgment of Service) where an agreement for lease is subsequently entered into by the landlord and tenant, and the current tenancy loses the protection of Part II of the Landlord and Tenant Act 1954 pursuant to section 28?
Q&As

What is the position if an option agreement is silent on whether it is binding on successors-in-title except for one mentioned in the reservation of rights clauses where express rights are reserved for the benefit of 'the vendor and its successors-in-title'?
What is the position if an option agreement is silent on whether it is binding on successors-in-title except for one mentioned in the reservation of rights clauses where express rights are reserved for the benefit of 'the vendor and its successors-in-title'?
Q&As

What period of notice must be given to determine an assured shorthold tenancy (granted post-1 October 2015) at the end of the fixed term, where rent is paid weekly?
What period of notice must be given to determine an assured shorthold tenancy (granted post-1 October 2015) at the end of the fixed term, where rent is paid weekly?
Q&As

What remedies are available to a purchaser where a sale has not completed and the deposit has not been repaid to the purchaser, but is still held by the seller’s solicitors?
What remedies are available to a purchaser where a sale has not completed and the deposit has not been repaid to the purchaser, but is still held by the seller’s solicitors?
Q&As

When a lease is extended pursuant to Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 and in particular schedule 13 are any improvements made by the tenant to the flat taken into account in calculating the premium to be payable to the landlord for the extension?
When a lease is extended pursuant to Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 and in particular schedule 13 are any improvements made by the tenant to the flat taken into account in calculating the premium to be payable to the landlord for the extension?
Q&As

When completing form Leasehold 11 (Application for Determination of Premium or Other Terms of Acquisition Remaining in Dispute), if there is a mortgage over the intermediate landlord’s interest in the property, is it necessary to include details of that mortgage in section 7? Is is acceptable at section 9 to merely refer to the Tenant’s Notice and Landlords Counter-Notice? Can an applicant’s solicitor sign the application/statement of truth or the applicant must personally sign?
When completing form Leasehold 11 (Application for Determination of Premium or Other Terms of Acquisition Remaining in Dispute), if there is a mortgage over the intermediate landlord’s interest in the property, is it necessary to include details of that mortgage in section 7? Is is acceptable at section 9 to merely refer to the Tenant’s Notice and Landlords Counter-Notice? Can an applicant’s solicitor sign the application/statement of truth or the applicant must personally sign?
Q&As

When making an application for a charging order on land under CPR 73, is permission from the court for service outside of the jurisdiction required where one of the interested parties (who is not the judgment debtor) resides in Switzerland?
When making an application for a charging order on land under CPR 73, is permission from the court for service outside of the jurisdiction required where one of the interested parties (who is not the judgment debtor) resides in Switzerland?
Q&As

When making an application for permission to appeal to the First-tier Tribunal (Property Chamber) (FTT) in a residential property, agricultural land or drainage case, are there any specific grounds for appeal which need to be established? Guidance booklet T609 states that—‘The Upper Tribunal (Lands Chamber) has indicated that a person who wishes to apply for permission to appeal must specify whether their reasons for making the application fall within one or more of the’ categories listed therein. Are these the grounds which apply for an application for permission to appeal to the FTT?
When making an application for permission to appeal to the First-tier Tribunal (Property Chamber) (FTT) in a residential property, agricultural land or drainage case, are there any specific grounds for appeal which need to be established? Guidance booklet T609 states that—‘The Upper Tribunal (Lands Chamber) has indicated that a person who wishes to apply for permission to appeal must specify whether their reasons for making the application fall within one or more of the’ categories listed therein. Are these the grounds which apply for an application for permission to appeal to the FTT?
Q&As

Where a break clause requires the payment of a break premium to the landlord, who does the premium go to if there are joint landlords at separate addresses?
Where a break clause requires the payment of a break premium to the landlord, who does the premium go to if there are joint landlords at separate addresses?
Q&As

Where a business tenant issues a claim for a new lease under the Landlord and Tenant Act 1954 but does not serve it on the landlord and later serves a notice of discontinuance, can the landlord oppose the notice of discontinuance on the basis that the claim is not valid as it was never served?
Where a business tenant issues a claim for a new lease under the Landlord and Tenant Act 1954 but does not serve it on the landlord and later serves a notice of discontinuance, can the landlord oppose the notice of discontinuance on the basis that the claim is not valid as it was never served?
Q&As

Where a commercial lease has expired, leaving several wants of repair which were the subject of the tenant’s repairing covenants, but no terminal schedule of dilapidations was prepared, can the landlord claim the value of the rent free period that he has granted to a new tenant (who has carried out the repairs in return for the rent free period—and was documented) from the ex-tenant as the loss arising from the past breaches of the repair covenants? If so, how would the process be dealt with given that no schedule of dilapidations was prepared?
Where a commercial lease has expired, leaving several wants of repair which were the subject of the tenant’s repairing covenants, but no terminal schedule of dilapidations was prepared, can the landlord claim the value of the rent free period that he has granted to a new tenant (who has carried out the repairs in return for the rent free period—and was documented) from the ex-tenant as the loss arising from the past breaches of the repair covenants? If so, how would the process be dealt with given that no schedule of dilapidations was prepared?
Q&As

Where a guarantor under a lease is not required to take a lease but rather pay a landlord a sum of money under the guarantee provisions in a lease, in order not to be a penalty and unenforceable, should that amount not exceed a reasonable estimate of the landlord's loss and would that be calculated by reference to the outgoings payable under the lease for a reasonable estimate of the time that it will take the Landlord to re-let the property?
Where a guarantor under a lease is not required to take a lease but rather pay a landlord a sum of money under the guarantee provisions in a lease, in order not to be a penalty and unenforceable, should that amount not exceed a reasonable estimate of the landlord's loss and would that be calculated by reference to the outgoings payable under the lease for a reasonable estimate of the time that it will take the Landlord to re-let the property?
Q&As

Where a head lease is declared bona vacantia and disclaimed by the Crown, what is the effect on a sublease? If the sub-tenant remains in occupation, and both the landlord and sub-tenant wish to renegotiate the terms of occupation, can they simply negotiate a new direct lease without taking any other action, or should the sub-tenant apply for a vesting order for the head lease to be assigned to them first?
Where a head lease is declared bona vacantia and disclaimed by the Crown, what is the effect on a sublease? If the sub-tenant remains in occupation, and both the landlord and sub-tenant wish to renegotiate the terms of occupation, can they simply negotiate a new direct lease without taking any other action, or should the sub-tenant apply for a vesting order for the head lease to be assigned to them first?
Q&As

Where a head tenant’s contractual term ended two years ago and they failed to complete a new lease with their landlord or subtenant but the subtenant has remained in occupation of the premises for two years with no formal lease, has the head tenant lost its Landlord and Tenant Act 1954 protection, and does the subtenant have LTA 1954 protection?
Where a head tenant’s contractual term ended two years ago and they failed to complete a new lease with their landlord or subtenant but the subtenant has remained in occupation of the premises for two years with no formal lease, has the head tenant lost its Landlord and Tenant Act 1954 protection, and does the subtenant have LTA 1954 protection?
Q&As

Where a new property is to be built close to the boundary with another property without formal rights permitting construction nor express deeds, can the neighbour refuse to allow foundations for the new property to encroach onto their land, and to refuse access for these works to be carried out?
Where a new property is to be built close to the boundary with another property without formal rights permitting construction nor express deeds, can the neighbour refuse to allow foundations for the new property to encroach onto their land, and to refuse access for these works to be carried out?
Q&As

Where a residential lease is forfeited by court proceedings but the tenant later pays all outstanding sums and the landlord agrees to the lease being reinstated, what is the appropriate procedure to achieve this?
Where a residential lease is forfeited by court proceedings but the tenant later pays all outstanding sums and the landlord agrees to the lease being reinstated, what is the appropriate procedure to achieve this?
Q&As

Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in place and without paying any rent (but paying for maintenance and outgoings in relation to the property), how should the property owner proceed to gain possession and is a formal notice to seeking possession or to quit required?
Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in place and without paying any rent (but paying for maintenance and outgoings in relation to the property), how should the property owner proceed to gain possession and is a formal notice to seeking possession or to quit required?
Q&As

Where an arbitrator, acting under the Arbitration Act 1966, has determined an open market rental value of a property following a disputed rent review, does the landlord require the permission of the court to ‘enforce an arbitration award’. The parties engaged in formal arbitration and a market value has been determined. The award was never challenged or appealed and is therefore binding. The landlord has therefore continued to demand rent at the new rental value. The tenant has fallen into arrears. Can the landlord simply issue a claim in the county court for those arrears, or does the landlord require permission to enforce the award of the arbitrator? The award was simply a declaration of the open market rental value—there was no award for payment of arrears, all of which accrued post-arbitration.
Where an arbitrator, acting under the Arbitration Act 1966, has determined an open market rental value of a property following a disputed rent review, does the landlord require the permission of the court to ‘enforce an arbitration award’. The parties engaged in formal arbitration and a market value has been determined. The award was never challenged or appealed and is therefore binding. The landlord has therefore continued to demand rent at the new rental value. The tenant has fallen into arrears. Can the landlord simply issue a claim in the county court for those arrears, or does the landlord require permission to enforce the award of the arbitrator? The award was simply a declaration of the open market rental value—there was no award for payment of arrears, all of which accrued post-arbitration.
Q&As

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