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Kate Andrews
Kate Andrews
Hamlins
Contributions by Hamlins Experts

94

Where land has been occupied by an adjoining owner (who has since died) and never fenced in and the adjoining owner’s immediate successor is not interested in claiming/using the land, how should the release of any occupation/adverse possession rights be documented and will any such consensual arrangement defeat any future adverse possession claim by the successor?
Where land has been occupied by an adjoining owner (who has since died) and never fenced in and the adjoining owner’s immediate successor is not interested in claiming/using the land, how should the release of any occupation/adverse possession rights be documented and will any such consensual arrangement defeat any future adverse possession claim by the successor?
Q&As

Where possession has been granted under a mandatory ground (such as section 8 possession proceedings) can a landlord ask for a suspended possession order whereby the order will not be enforced so long as arrears are paid and rent kept up to date? If so, and such order is then breached, can the tenant then delay enforcement in any way assuming that the court will not have discretion to then suspend the order?
Where possession has been granted under a mandatory ground (such as section 8 possession proceedings) can a landlord ask for a suspended possession order whereby the order will not be enforced so long as arrears are paid and rent kept up to date? If so, and such order is then breached, can the tenant then delay enforcement in any way assuming that the court will not have discretion to then suspend the order?
Q&As

Where pursuant to the terms of a residential lease service charge is recoverable as ground rent in arrears, can a freeholder recover sums dating back six years where it failed to issue service charge demands within 18 months of the sums being incurred?
Where pursuant to the terms of a residential lease service charge is recoverable as ground rent in arrears, can a freeholder recover sums dating back six years where it failed to issue service charge demands within 18 months of the sums being incurred?
Q&As

Where should I start a claim for a vesting order to transfer the freehold to a leaseholder where the landlord cannot be found and what is the requisite court fee?
Where should I start a claim for a vesting order to transfer the freehold to a leaseholder where the landlord cannot be found and what is the requisite court fee?
Q&As

Where the contractual term of a business lease has expired but the tenant has continued to occupy and pay the yearly rent in quarterly instalments, does the tenant occupy on a periodic lease? What notice period should be given and is it too late to give notice where the anniversary of the lease term end date is in January? Can the lease be terminated instead by agreement by a deed of surrender and if so, are there any specific precautions which should be taken?
Where the contractual term of a business lease has expired but the tenant has continued to occupy and pay the yearly rent in quarterly instalments, does the tenant occupy on a periodic lease? What notice period should be given and is it too late to give notice where the anniversary of the lease term end date is in January? Can the lease be terminated instead by agreement by a deed of surrender and if so, are there any specific precautions which should be taken?
Q&As

Where the purchaser of property grants a lease after completion but before registration of the property in its name and that lease contains a tenant break clause, if the tenant was to exercise its break right, on whom should it serve notice?
Where the purchaser of property grants a lease after completion but before registration of the property in its name and that lease contains a tenant break clause, if the tenant was to exercise its break right, on whom should it serve notice?
Q&As

Where the wall to a house has been damaged by work carried out by contractors to an adjoining garden wall, who is liable to the house owner for the damage—the owners of the garden wall who employed the contractors or the contractors?
Where the wall to a house has been damaged by work carried out by contractors to an adjoining garden wall, who is liable to the house owner for the damage—the owners of the garden wall who employed the contractors or the contractors?
Q&As

Where two long leaseholders each own a flat independently but both own the freehold as tenants in common, if as a result of a breach the leasehold interest of the owner in breach (A) the leasehold interest to that flat was forfeited, A would still hold an interest in the freehold. What could the non-breaching owner (B) do to force A to sell or transfer her interest to B? Are there any provisions in TOLATA 1996 which would assist?
Where two long leaseholders each own a flat independently but both own the freehold as tenants in common, if as a result of a breach the leasehold interest of the owner in breach (A) the leasehold interest to that flat was forfeited, A would still hold an interest in the freehold. What could the non-breaching owner (B) do to force A to sell or transfer her interest to B? Are there any provisions in TOLATA 1996 which would assist?
Q&As

Where unregistered land is transferred to a trust who fails to register it and is then dissolved, does the land revert to the transferor. If not, in whom does the land vest?
Where unregistered land is transferred to a trust who fails to register it and is then dissolved, does the land revert to the transferor. If not, in whom does the land vest?
Q&As

Which factors would suggest that the occupation of a residential property is by way of a tenancy rather than a licence?
Which factors would suggest that the occupation of a residential property is by way of a tenancy rather than a licence?
Q&As

Who should a landlord serve possession proceedings on when the residential tenant has sublet rooms with the landlord’s permission? If the landlord should also issue against the subtenants but knows no details about them, should he issue against ‘persons unknown’?
Who should a landlord serve possession proceedings on when the residential tenant has sublet rooms with the landlord’s permission? If the landlord should also issue against the subtenants but knows no details about them, should he issue against ‘persons unknown’?
Q&As

Will a court order that is made between specific parties, but registered against a specific property and evidenced by an entry in the Property Register bind future purchasers of the property?
Will a court order that is made between specific parties, but registered against a specific property and evidenced by an entry in the Property Register bind future purchasers of the property?
Q&As

Will granting a lease of the commercial unit constitute a commercial transaction thereby being a ‘relevant disposal’ for the purposes of the Landlord and Tenant Act 1987?
Will granting a lease of the commercial unit constitute a commercial transaction thereby being a ‘relevant disposal’ for the purposes of the Landlord and Tenant Act 1987?
Q&As

Would there be any consequences for granting a lease to a limited company within a block of residential flats as an AST is not possible?
Would there be any consequences for granting a lease to a limited company within a block of residential flats as an AST is not possible?
Q&As

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