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New Square Chambers

Experts

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Aidan Briggs
Aidan Briggs
Barrister and Mediator
New Square Chambers
Alexander Learmonth
Alexander Learmonth , KC
Barrister
New Square Chambers
Christopher Snell
Christopher Snell
New Square Chambers
James McKean
James McKean
Barrister
New Square Chambers
James Saunders
James Saunders
Barrister
New Square Chambers
James Davies
James Davies
New Square Chambers
Jessica Powers
Jessica Powers
Barrister
New Square Chambers
Leigh Sagar
Leigh Sagar
Barrister
New Square Chambers
Mark Hubbard
Mark Hubbard
Barrister
New Square Chambers
Sarah Egan
Dr. Sarah Egan
Barrister
New Square Chambers
Contributions by New Square Chambers Experts

101

A and B are beneficiaries to a Will and (B) has a life interest in a property to a Will. A want to sell the property and divide the net sale proceeds equally with B. How does A extinguish B’s life interest trust? B has learning difficulties.
A and B are beneficiaries to a Will and (B) has a life interest in a property to a Will. A want to sell the property and divide the net sale proceeds equally with B. How does A extinguish B’s life interest trust? B has learning difficulties.
Q&As

A buyer is purchasing part of the title to a property under a possession order from a company. The title to the property has not been transferred into the company’s name. Should this have been done? What protections should be put in place? The buyer’s solicitor also acts for the lender.
A buyer is purchasing part of the title to a property under a possession order from a company. The title to the property has not been transferred into the company’s name. Should this have been done? What protections should be put in place? The buyer’s solicitor also acts for the lender.
Q&As

A charity is the residuary beneficiary of an estate. If a claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate by the deceased's long-term partner, what are the inheritance tax implications if the charity settles such a claim by varying the Will to make provision for the partner?
A charity is the residuary beneficiary of an estate. If a claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate by the deceased's long-term partner, what are the inheritance tax implications if the charity settles such a claim by varying the Will to make provision for the partner?
Q&As

A client has obtained an order for sale against a property, possession has been obtained and the property is now on the market. Is there any legal reason preventing the client from purchasing the property if they offer the highest price for the property and the property has been listed on the open market?
A client has obtained an order for sale against a property, possession has been obtained and the property is now on the market. Is there any legal reason preventing the client from purchasing the property if they offer the highest price for the property and the property has been listed on the open market?
Q&As

A deceased individual's daughter (D) and son (S) are executors of the estate and, prior to the death, D had applied for a deputyship order for property and finance affairs but S (and his children) had objected and an agreement was reached for three of the grandchildren to be appointed as deputies instead and an order was made. How can D be reimbursed for her application expenses from estate funds when her co-executor will not agree?
A deceased individual's daughter (D) and son (S) are executors of the estate and, prior to the death, D had applied for a deputyship order for property and finance affairs but S (and his children) had objected and an agreement was reached for three of the grandchildren to be appointed as deputies instead and an order was made. How can D be reimbursed for her application expenses from estate funds when her co-executor will not agree?
Q&As

A died appointing B as executor. A's beneficiaries are B and C in equal shares. C is a minor. B dies 18 months after A without administering A's estate or taking a Grant. D is the executor and sole beneficiary of B's estate. Can D administer A's estate as well as B's estate and if so, what type of grant will it be for A's estate? If not, who should administer A's estate?
A died appointing B as executor. A's beneficiaries are B and C in equal shares. C is a minor. B dies 18 months after A without administering A's estate or taking a Grant. D is the executor and sole beneficiary of B's estate. Can D administer A's estate as well as B's estate and if so, what type of grant will it be for A's estate? If not, who should administer A's estate?
Q&As

A has parked on B’s land as of right for over 20 years. B then consents to continued use. Does this prevent a claim under the Prescription Act? If so, could A succeed under the doctrine of lost modern grant?
A has parked on B’s land as of right for over 20 years. B then consents to continued use. Does this prevent a claim under the Prescription Act? If so, could A succeed under the doctrine of lost modern grant?
Q&As

A landlord entered into a lease of commercial premises with a tenant company and an individual guarantor and accepted rent for a number of years. The lease includes an express forfeiture clause. The landlord then discovers that the tenant company did not exist at the time the lease was granted. The rent was being paid by the guarantor who is running a business at the premises. Arguably, an implied periodic tenancy arose with the guarantor and the terms of the tenancy are set out in the lease. Is the fact that the lease contains the express forfeiture clause likely to be sufficient for the landlord to forfeit by peaceable re-entry?
A landlord entered into a lease of commercial premises with a tenant company and an individual guarantor and accepted rent for a number of years. The lease includes an express forfeiture clause. The landlord then discovers that the tenant company did not exist at the time the lease was granted. The rent was being paid by the guarantor who is running a business at the premises. Arguably, an implied periodic tenancy arose with the guarantor and the terms of the tenancy are set out in the lease. Is the fact that the lease contains the express forfeiture clause likely to be sufficient for the landlord to forfeit by peaceable re-entry?
Q&As

A landlord proposes to grant a lease but does not intend to appoint a solicitor. The landlord has asked that the tenant’s solicitor drafts the lease. Are there any problems with this approach from the tenant’s perspective?
A landlord proposes to grant a lease but does not intend to appoint a solicitor. The landlord has asked that the tenant’s solicitor drafts the lease. Are there any problems with this approach from the tenant’s perspective?
Q&As

A landowner granted an oral tenancy of some agricultural land in 1988. Sometime later, the tenant started to pay the rent in the name of his partnership. The landlord accepted the rents from the partnership. However, the landlord has never given formal consent to an assignment. Is there a risk that the tenancy could have been impliedly assigned to the partnership?
A landowner granted an oral tenancy of some agricultural land in 1988. Sometime later, the tenant started to pay the rent in the name of his partnership. The landlord accepted the rents from the partnership. However, the landlord has never given formal consent to an assignment. Is there a risk that the tenancy could have been impliedly assigned to the partnership?
Q&As

A lease provides that the term expires on a specific date. At what time on that day will the tenant be required to give vacant possession to the landlord? Can the landlord demand vacant possession by 5pm on that day or does the tenant have a right of occupation until midnight on that day?
A lease provides that the term expires on a specific date. At what time on that day will the tenant be required to give vacant possession to the landlord? Can the landlord demand vacant possession by 5pm on that day or does the tenant have a right of occupation until midnight on that day?
Q&As

A money judgment has been obtained. A British Virgin Islands company owns a property which is about to be sold. The judgment debtor is putatively a shareholder of the company registered as proprietor. There is a restriction on the property. Can it be said that the client is therefore an incumbrancer for the purposes of section 105 of the Law of Property Act 1925?
A money judgment has been obtained. A British Virgin Islands company owns a property which is about to be sold. The judgment debtor is putatively a shareholder of the company registered as proprietor. There is a restriction on the property. Can it be said that the client is therefore an incumbrancer for the purposes of section 105 of the Law of Property Act 1925?
Q&As

A property is registered in the sole name of one cohabitant party (A) and the other cohabitant party (B) asserts that they have a beneficial interest. Both parties have vacated (B with the parties' child) and A is renting the property out. Does B have a claim in respect of any rental profit received?
A property is registered in the sole name of one cohabitant party (A) and the other cohabitant party (B) asserts that they have a beneficial interest. Both parties have vacated (B with the parties' child) and A is renting the property out. Does B have a claim in respect of any rental profit received?
Q&As

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in the event of default. Can the landlord elect to forfeit and then use the rent deposit to settle rent arrears after forfeiture?
A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in the event of default. Can the landlord elect to forfeit and then use the rent deposit to settle rent arrears after forfeiture?
Q&As

A residential lease specifies the tenant's service charge contribution of the total expenditure at 25% but the lease permits the landlord to vary the percentage contribution (subject to a reasonableness caveat). If the landlord increases the percentage, can he retrospectively apply the increased percentage and recover the balance from the tenant in respect of previous service charge demands?
A residential lease specifies the tenant's service charge contribution of the total expenditure at 25% but the lease permits the landlord to vary the percentage contribution (subject to a reasonableness caveat). If the landlord increases the percentage, can he retrospectively apply the increased percentage and recover the balance from the tenant in respect of previous service charge demands?
Q&As

A section 21 notice is only valid for six months. How long is a section 8 notice valid for?
A section 21 notice is only valid for six months. How long is a section 8 notice valid for?
Q&As

A tenant has served one month’s notice to end a statutory periodic tenancy continuing after the end of a fixed term AST. The rent is paid monthly. The original AST contained a mutual break clause requiring two months' notice to expire at the end of a rental period. Does this provision override the common law position such that the tenant must give two months’ notice or is only one month’s notice necessary?
A tenant has served one month’s notice to end a statutory periodic tenancy continuing after the end of a fixed term AST. The rent is paid monthly. The original AST contained a mutual break clause requiring two months' notice to expire at the end of a rental period. Does this provision override the common law position such that the tenant must give two months’ notice or is only one month’s notice necessary?
Q&As

A tenant has stayed in occupation for five years after the expiry of the term of an excluded lease. He pays rent monthly. he now wants to vacate—what period of notice should he give? From the practice notes, it is likely to be a periodic tenancy with the protection of the Landlord and Tenant Act 1954 (LTA 1954). As the original lease was for a term of five years paying a monthly sum, it is likely to be a monthly periodic tenancy so one month's notice would have to be given. How does the tenant bring the lease to an end under LTA 1954? He does not want to renew so section 26 notice is not applicable and LTA 1954, s 27 notice cannot be used for a periodic tenancy.
A tenant has stayed in occupation for five years after the expiry of the term of an excluded lease. He pays rent monthly. he now wants to vacate—what period of notice should he give? From the practice notes, it is likely to be a periodic tenancy with the protection of the Landlord and Tenant Act 1954 (LTA 1954). As the original lease was for a term of five years paying a monthly sum, it is likely to be a monthly periodic tenancy so one month's notice would have to be given. How does the tenant bring the lease to an end under LTA 1954? He does not want to renew so section 26 notice is not applicable and LTA 1954, s 27 notice cannot be used for a periodic tenancy.
Q&As

A testator made a pecuniary gift of £5,000 to a school in Africa. Probate has been acquired. The only asset in the estate is the property which the residuary beneficiary does not want to sell and does not have the liquid assets to pay the £5,000. Can the personal representative sell the property to pay the £5,000 bequest in spite of the opposition of the residuary beneficiary?
A testator made a pecuniary gift of £5,000 to a school in Africa. Probate has been acquired. The only asset in the estate is the property which the residuary beneficiary does not want to sell and does not have the liquid assets to pay the £5,000. Can the personal representative sell the property to pay the £5,000 bequest in spite of the opposition of the residuary beneficiary?
Q&As

A wants to renounce the executor title in the Will. There is one residual beneficiary who is not willing to act as an executor/administrator. There is no one in the non-contentious list and there are no creditors. Is it possible for the nephew and niece of the deceased to act as executors/administrators although they are not beneficiaries?
A wants to renounce the executor title in the Will. There is one residual beneficiary who is not willing to act as an executor/administrator. There is no one in the non-contentious list and there are no creditors. Is it possible for the nephew and niece of the deceased to act as executors/administrators although they are not beneficiaries?
Q&As

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