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St Ives Chambers

Experts

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Kirstie Danton
Kirstie Danton
St Ives Chambers
Nicholas Starks
Nicholas Starks
St Ives Chambers
Contributions by St Ives Chambers Experts

78

A buyer wishes to purchase a residential property with sitting tenants who have a protected tenancy and a registered rent. If the sitting tenants sign a new assured shorthold tenancy agreement with the buyer, will their protected tenancy and registered rent be extinguished?
A buyer wishes to purchase a residential property with sitting tenants who have a protected tenancy and a registered rent. If the sitting tenants sign a new assured shorthold tenancy agreement with the buyer, will their protected tenancy and registered rent be extinguished?
Q&As

A child arrangements order has been made as to contact, and the address at which overnight contact will take place is set out in the recitals to the order, but not as an undertaking, nor is it referred to in the order. The non-resident parent intends to move house and live with a new partner, but the other parent will not co-operate as to the change of address for overnight contact. Can a letter be sent to the court and the other parent to advise of the change of address, on the basis that the court cannot vary a recital as opposed to an order?
A child arrangements order has been made as to contact, and the address at which overnight contact will take place is set out in the recitals to the order, but not as an undertaking, nor is it referred to in the order. The non-resident parent intends to move house and live with a new partner, but the other parent will not co-operate as to the change of address for overnight contact. Can a letter be sent to the court and the other parent to advise of the change of address, on the basis that the court cannot vary a recital as opposed to an order?
Q&As

A husband has a charge over the wife’s property following matrimonial proceedings. He has missed several maintenance payments to the wife. What can she do? Is it possible to register a charge against the husband’s charge and if so what form should be used?
A husband has a charge over the wife’s property following matrimonial proceedings. He has missed several maintenance payments to the wife. What can she do? Is it possible to register a charge against the husband’s charge and if so what form should be used?
Q&As

A tenant paid a deposit direct to a letting agent. The deposit was never protected and the prescribed information was never issued to the tenant. The contractual relationship (ie tenancy finder or managing agent) between the landlord and the agent is not known. Halfway through the tenancy, the landlord discovered that the agent had absconded with the deposit monies. The landlord immediately informed the tenant, but took no other action. At the end of the tenancy, the landlord returned half of the deposit money to the tenant. Is the landlord liable to the tenant in these circumstances for a breach of section 213 of the Housing Act 2004?
A tenant paid a deposit direct to a letting agent. The deposit was never protected and the prescribed information was never issued to the tenant. The contractual relationship (ie tenancy finder or managing agent) between the landlord and the agent is not known. Halfway through the tenancy, the landlord discovered that the agent had absconded with the deposit monies. The landlord immediately informed the tenant, but took no other action. At the end of the tenancy, the landlord returned half of the deposit money to the tenant. Is the landlord liable to the tenant in these circumstances for a breach of section 213 of the Housing Act 2004?
Q&As

Are the powers of a recovery order in children's care proceedings unlimited or can a child only be recovered once per order?
Are the powers of a recovery order in children's care proceedings unlimited or can a child only be recovered once per order?
Q&As

Are the rights of spouses and former spouses to make financial claims against each other brought to an end on remarriage? So if a former spouse remarries they cannot make a financial claim against their former spouse, but that former spouse could still make a financial claim against the remarried spouse? Or can the financial claims only be brought to an end by a court order?
Are the rights of spouses and former spouses to make financial claims against each other brought to an end on remarriage? So if a former spouse remarries they cannot make a financial claim against their former spouse, but that former spouse could still make a financial claim against the remarried spouse? Or can the financial claims only be brought to an end by a court order?
Q&As

Can a financial consent order include two separate spousal periodical payments orders with terms of different lengths?
Can a financial consent order include two separate spousal periodical payments orders with terms of different lengths?
Q&As

Can a financial remedy order include both an undertaking and an order requiring a party to make mortgage payments to maximise the options for enforcement?
Can a financial remedy order include both an undertaking and an order requiring a party to make mortgage payments to maximise the options for enforcement?
Q&As

Can a landlord simultaneously serve a section 25 notice opposing lease renewal under the Landlord and Tenant Act 1954 and commence forfeiture proceedings?
Can a landlord simultaneously serve a section 25 notice opposing lease renewal under the Landlord and Tenant Act 1954 and commence forfeiture proceedings?
Q&As

Can a property adjustment order be made by consent in relation to foreign property, where the property is to be retained in joint names and sold at a later date?
Can a property adjustment order be made by consent in relation to foreign property, where the property is to be retained in joint names and sold at a later date?
Q&As

Can a simple written consent, as opposed to a deed of variation, be used to record a consensual breach of a restrictive covenant?
Can a simple written consent, as opposed to a deed of variation, be used to record a consensual breach of a restrictive covenant?
Q&As

Can admissions contained in 'without prejudice' documentation in children matters be admissible ie where correspondence is marked 'without prejudice' will that have an absolute effect in children cases?
Can admissions contained in 'without prejudice' documentation in children matters be admissible ie where correspondence is marked 'without prejudice' will that have an absolute effect in children cases?
Q&As

Can an order be made by consent for a spouse who is not a registered owner of the former matrimonial home to remain in that property under a Mesher type order? Can a trust of land be contained within a consent order specifying that the other spouse (who is the sole owner) hold the property on trust for them both? Can the non-owning spouse undertake to make the mortgage payments on the property?
Can an order be made by consent for a spouse who is not a registered owner of the former matrimonial home to remain in that property under a Mesher type order? Can a trust of land be contained within a consent order specifying that the other spouse (who is the sole owner) hold the property on trust for them both? Can the non-owning spouse undertake to make the mortgage payments on the property?
Q&As

Can the signatures of both parties to a cohabitation contract be witnessed by the same person?
Can the signatures of both parties to a cohabitation contract be witnessed by the same person?
Q&As

Can you evict a tenant accommodated on a licence under section 193 of the Housing Act 1996 without an order for possession?
Can you evict a tenant accommodated on a licence under section 193 of the Housing Act 1996 without an order for possession?
Q&As

Case law on the impact of the cohabitation of a party appears to relate to the impact on the amount of maintenance awarded by the court. Is there case law on the scenario where the capital resources of a cohabitant have reduced an award of capital to a party on the basis that their needs are met by their cohabitant’s capital resources?
Case law on the impact of the cohabitation of a party appears to relate to the impact on the amount of maintenance awarded by the court. Is there case law on the scenario where the capital resources of a cohabitant have reduced an award of capital to a party on the basis that their needs are met by their cohabitant’s capital resources?
Q&As

Does a landlord owe any duties to a tenant whose English is limited, when they present the tenant a lease to sign without taking legal advice? Is there a code of conduct for landlord of commercial premises when granting leases?
Does a landlord owe any duties to a tenant whose English is limited, when they present the tenant a lease to sign without taking legal advice? Is there a code of conduct for landlord of commercial premises when granting leases?
Q&As

Does a section 21 notice under the Housing Act 1988 need to be given to all joint tenants of an assured shorthold tenancy?
Does a section 21 notice under the Housing Act 1988 need to be given to all joint tenants of an assured shorthold tenancy?
Q&As

Does the fact that the overage deed is not registered at HM Land Registry make any difference to the running of covenants?
Does the fact that the overage deed is not registered at HM Land Registry make any difference to the running of covenants?
Q&As

How does the compensation principle to apply to pre-marital assets in a scenario where the financially weaker party to the marriage has been in a long post-separation cohabiting relationship? For example, where that party gave up a local authority tenancy to marry a homeowner, and then has a long and ongoing cohabiting relationship post-separation with another homeowner.
How does the compensation principle to apply to pre-marital assets in a scenario where the financially weaker party to the marriage has been in a long post-separation cohabiting relationship? For example, where that party gave up a local authority tenancy to marry a homeowner, and then has a long and ongoing cohabiting relationship post-separation with another homeowner.
Q&As

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