LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us

Tanfield Chambers

Experts

3

Filter by: Practice area
Carl Fain
Carl Fain
Tanfield Chambers
Christopher Bamford
Christopher Bamford
Tanfield Chambers
Nora Wannagat
Nora Wannagat
Barrister
Tanfield Chambers
Contributions by Tanfield Chambers Experts

130

A tenant has a lease of premises, has paid all rent under the lease until its expiry, is not in breach of the lease, but ceases occupying the premises. The landlord changes the locks and allows another into occupation of the premises. What remedy does the tenant have to seek recourse for the rent it has paid in advance?
A tenant has a lease of premises, has paid all rent under the lease until its expiry, is not in breach of the lease, but ceases occupying the premises. The landlord changes the locks and allows another into occupation of the premises. What remedy does the tenant have to seek recourse for the rent it has paid in advance?
Q&As

A tenant has been in occupation of unregistered land outside of their demise. Assuming that this additional land is deemed to be included within the demise, who would make the application for first registration on the basis of adverse possession—the tenant or the landlord?
A tenant has been in occupation of unregistered land outside of their demise. Assuming that this additional land is deemed to be included within the demise, who would make the application for first registration on the basis of adverse possession—the tenant or the landlord?
Q&As

A tenant is in occupation and holding over on a lease which expired in 2015 and was not contracted out of the Landlord and Tenant Act 1954. Both parties have agreed to enter into a new lease and this has been drafted but not yet completed, however no section 25 or section 26 notice has been served. If the new lease is completed by agreement will this supersede/terminate the continuation tenancy as an implied surrender and re-grant and will the new lease be legally binding on both parties?
A tenant is in occupation and holding over on a lease which expired in 2015 and was not contracted out of the Landlord and Tenant Act 1954. Both parties have agreed to enter into a new lease and this has been drafted but not yet completed, however no section 25 or section 26 notice has been served. If the new lease is completed by agreement will this supersede/terminate the continuation tenancy as an implied surrender and re-grant and will the new lease be legally binding on both parties?
Q&As

A Landlord and Tenant Act 1954 tenant wishes to surrender their lease. Can the lease be surrendered without the landlord needing to serve a section 25 notice, and is statutory compensation payable?
A Landlord and Tenant Act 1954 tenant wishes to surrender their lease. Can the lease be surrendered without the landlord needing to serve a section 25 notice, and is statutory compensation payable?
Q&As

Absent an express right to do so, where a property owner (A) needs access to a neighbour’s (B) land to replace a waste pipe on A’s land, is A entitled to go onto B’s land for such purpose where there is no other way of replacing the pipe?
Absent an express right to do so, where a property owner (A) needs access to a neighbour’s (B) land to replace a waste pipe on A’s land, is A entitled to go onto B’s land for such purpose where there is no other way of replacing the pipe?
Q&As

An owner of dominant land has used a right of way over servient land for over 20 years. The servient land is let on a lease which was granted over 20 years ago. Can the freeholder of the servient land defend a claim for a prescriptive easement on the basis that they have never been in a position to object to the use? If so, would a contemporaneous change of tenant (over 20 years ago) constitute enough time for the freeholder to become aware of the use?
An owner of dominant land has used a right of way over servient land for over 20 years. The servient land is let on a lease which was granted over 20 years ago. Can the freeholder of the servient land defend a claim for a prescriptive easement on the basis that they have never been in a position to object to the use? If so, would a contemporaneous change of tenant (over 20 years ago) constitute enough time for the freeholder to become aware of the use?
Q&As

An underlease rent review provision refers to review of the rent as per the superior lease. If the superior lease has been impliedly surrendered, with the undertenant now paying rent directly to the superior landlord, does this invalidate the underlease rent review provisions on the basis that the superior lease no longer exists?
An underlease rent review provision refers to review of the rent as per the superior lease. If the superior lease has been impliedly surrendered, with the undertenant now paying rent directly to the superior landlord, does this invalidate the underlease rent review provisions on the basis that the superior lease no longer exists?
Q&As

Are easements extinguished by unity of seisin where the servient tenement and part only of the dominant tenement are in common ownership? Will the remainder of the dominant tenement continue to enjoy the easements over the servient tenement?
Are easements extinguished by unity of seisin where the servient tenement and part only of the dominant tenement are in common ownership? Will the remainder of the dominant tenement continue to enjoy the easements over the servient tenement?
Q&As

Are there any restrictions, requirements or other provisions with regards to the type of company that the tenants can incorporate to exercise a right of first refusal pursuant to Part I of the Landlord and Tenant Act 1987? Will the company hold both beneficial and legal ownership of the freehold property?
Are there any restrictions, requirements or other provisions with regards to the type of company that the tenants can incorporate to exercise a right of first refusal pursuant to Part I of the Landlord and Tenant Act 1987? Will the company hold both beneficial and legal ownership of the freehold property?
Q&As

Can a deed of surrender be conditional on obligations that extend beyond the date on which the deed of surrender will be completed? For example, if an agreement for surrender contains provisions requiring an outgoing tenant to keep paying rent arrears beyond completion of the deed of surrender, should the deed of surrender contain such provisions also?
Can a deed of surrender be conditional on obligations that extend beyond the date on which the deed of surrender will be completed? For example, if an agreement for surrender contains provisions requiring an outgoing tenant to keep paying rent arrears beyond completion of the deed of surrender, should the deed of surrender contain such provisions also?
Q&As

Can a landlord issue a section 21 notice if a gas safety certificate was not provided at the start of an initial 12-month fixed-term Assured Shorthold Tenancy (AST), but a certificate was provided before a further 12 month AST was entered into?
Can a landlord issue a section 21 notice if a gas safety certificate was not provided at the start of an initial 12-month fixed-term Assured Shorthold Tenancy (AST), but a certificate was provided before a further 12 month AST was entered into?
Q&As

Can a landlord oppose the grant of a renewal lease under section 30 of the Landlord and Tenant Act 1954 and not pay statutory compensation if they are opposing on both grounds (d) and (f)?
Can a landlord oppose the grant of a renewal lease under section 30 of the Landlord and Tenant Act 1954 and not pay statutory compensation if they are opposing on both grounds (d) and (f)?
Q&As

Can a landlord serve a section 21 notice if there is no carbon monoxide alarm in the property?
Can a landlord serve a section 21 notice if there is no carbon monoxide alarm in the property?
Q&As

Can a lease which has been contracted out of the security of tenure provisions of the Landlord and Tenant Act 1954 be amended with a deed of variation? Does the statutory contracting out process need to be followed and documented?
Can a lease which has been contracted out of the security of tenure provisions of the Landlord and Tenant Act 1954 be amended with a deed of variation? Does the statutory contracting out process need to be followed and documented?
Q&As

Can a letter agreeing to extend the statutory deadline pursuant to section 29B(1) of the Landlord and Tenant Act 1954 be signed by one agent acting on behalf of two joint landlords?
Can a letter agreeing to extend the statutory deadline pursuant to section 29B(1) of the Landlord and Tenant Act 1954 be signed by one agent acting on behalf of two joint landlords?
Q&As

Can a notice be served under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 in relation to a property which is described in the lease as a flat but is a coachhouse in practical terms?
Can a notice be served under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 in relation to a property which is described in the lease as a flat but is a coachhouse in practical terms?
Q&As

Can a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 be deemed invalid if the landlord's right to serve a counter-notice has been passed before receiving the notice?
Can a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 be deemed invalid if the landlord's right to serve a counter-notice has been passed before receiving the notice?
Q&As

Can a tenant who believed a garage was part of their demise and used it as such for over 30 years claim adverse possession after finding out subsequently they have no right to it under the lease?
Can a tenant who believed a garage was part of their demise and used it as such for over 30 years claim adverse possession after finding out subsequently they have no right to it under the lease?
Q&As

Can surrender by operation of law be effected where the tenant has returned the keys and stated the lease has ended in an email to a third party, but there hasn’t been any communication between the landlord and tenant?
Can surrender by operation of law be effected where the tenant has returned the keys and stated the lease has ended in an email to a third party, but there hasn’t been any communication between the landlord and tenant?
Q&As

Can the landlord of an assured shorthold tenancy obtain an order requiring the tenants to temporarily vacate the property for the purposes of carrying out remedial works, following service of an improvement notice on the landlord pursuant to section 11 of the Housing Act 2004?
Can the landlord of an assured shorthold tenancy obtain an order requiring the tenants to temporarily vacate the property for the purposes of carrying out remedial works, following service of an improvement notice on the landlord pursuant to section 11 of the Housing Act 2004?
Q&As

First 2 3 4 5 6 7 Last

If you expected to see yourself on this page, click here.