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Tanfield Chambers

Experts

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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

Can you obtain a charging order on the leasehold of commercial premises?
Can you obtain a charging order on the leasehold of commercial premises?
Q&As

Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?
Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?
Q&As

Does a declaration of joint tenancy have to be by deed?
Does a declaration of joint tenancy have to be by deed?
Q&As

Does a landlord who wishes to sell a freehold building with two residential flats above which are occupied by tenants qualifying for a section 5 notice under the Landlord and Tenant Act 1987 have to serve a section 5 notice on both tenants?
Does a landlord who wishes to sell a freehold building with two residential flats above which are occupied by tenants qualifying for a section 5 notice under the Landlord and Tenant Act 1987 have to serve a section 5 notice on both tenants?
Q&As

Does a solicitor need written express authority from a leaseholder client to sign a section 42 notice for a lease extension of a flat under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), or is it sufficient for them to be authorised verbally or by email?
Does a solicitor need written express authority from a leaseholder client to sign a section 42 notice for a lease extension of a flat under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), or is it sufficient for them to be authorised verbally or by email?
Q&As

Does a sub-lessee of a commercial premises have any legal rights (statutory/under common law) against a superior landlord who has failed to repair the premises (outside of anything being expressly contained in the lease itself)?
Does a sub-lessee of a commercial premises have any legal rights (statutory/under common law) against a superior landlord who has failed to repair the premises (outside of anything being expressly contained in the lease itself)?
Q&As

Does an assured shorthold tenancy have to be for a minimum term of six months or can it contain a tenant's right to break on one month's notice taking effect within the first six months of the term?
Does an assured shorthold tenancy have to be for a minimum term of six months or can it contain a tenant's right to break on one month's notice taking effect within the first six months of the term?
Q&As

Does the 18-month limitation apply if insurance is expressly reserved as rent in a residential long lease or is it six or 12 years?
Does the 18-month limitation apply if insurance is expressly reserved as rent in a residential long lease or is it six or 12 years?
Q&As

Following expiry of a fixed-term assured shorthold tenancy, the rent was increased by agreement and the tenancy then became a common law tenancy, as the annual rent was raised above the AST statutory threshold. The landlord does not want to continue the common law tenancy beyond the fixed term. Will the fact that the tenant's original occupation of the premises was by virtue of an AST have any bearing?
Following expiry of a fixed-term assured shorthold tenancy, the rent was increased by agreement and the tenancy then became a common law tenancy, as the annual rent was raised above the AST statutory threshold. The landlord does not want to continue the common law tenancy beyond the fixed term. Will the fact that the tenant's original occupation of the premises was by virtue of an AST have any bearing?
Q&As

For the purposes of opposing renewal of a lease under section 30(1)(g) of the Landlord and Tenant Act 1954, is it sufficient if the landlord intends to occupy the premises through a company that they own and control, or must the landlords intend to occupy personally?
For the purposes of opposing renewal of a lease under section 30(1)(g) of the Landlord and Tenant Act 1954, is it sufficient if the landlord intends to occupy the premises through a company that they own and control, or must the landlords intend to occupy personally?
Q&As

Heads of terms for a lease say that is to be contracted out of the Landlord and Tenant Act 1954 and that the tenant may only access the property on Saturdays for a specific purpose between the hours of 9am and 6pm only and at such other times first notified to the Landlord, unless the Landlord objects to the date/time notified, and on Sundays for a specific purpose during the hours of 9am and 5pm only. With the tenant only permitted to use the premises at certain times, can this be a lease?
Heads of terms for a lease say that is to be contracted out of the Landlord and Tenant Act 1954 and that the tenant may only access the property on Saturdays for a specific purpose between the hours of 9am and 6pm only and at such other times first notified to the Landlord, unless the Landlord objects to the date/time notified, and on Sundays for a specific purpose during the hours of 9am and 5pm only. With the tenant only permitted to use the premises at certain times, can this be a lease?
Q&As

How does granting a licence to occupy pending the completion of a lease differ to granting a tenancy at Will, particularly where the grant will be for a period of less than six months?
How does granting a licence to occupy pending the completion of a lease differ to granting a tenancy at Will, particularly where the grant will be for a period of less than six months?
Q&As

How should a landlord provide an energy performance certificates, Gas Safety Certificate and How to Rent booklet to a tenant that is not co-operating or answering the door to the landlord? Does the tenant have to sign to confirm receipt or will posting the documents through the door of the tenanted property suffice?
How should a landlord provide an energy performance certificates, Gas Safety Certificate and How to Rent booklet to a tenant that is not co-operating or answering the door to the landlord? Does the tenant have to sign to confirm receipt or will posting the documents through the door of the tenanted property suffice?
Q&As

If a business tenancy is to be excluded from security of tenure, can the tenancy agreement include a break clause which, if exercised, could result in the tenancy terminating in the first six months of the term (or in the first six months from the grant of the tenancy)?
If a business tenancy is to be excluded from security of tenure, can the tenancy agreement include a break clause which, if exercised, could result in the tenancy terminating in the first six months of the term (or in the first six months from the grant of the tenancy)?
Q&As

If a landlord is granting a non-assignable lease to a tenant, and it is agreed that the tenant will not have to pay rent, is there any benefit to inserting a market rent in the lease and documenting the peppercorn rent in a side letter as opposed to stating peppercorn rent in the actual lease?
If a landlord is granting a non-assignable lease to a tenant, and it is agreed that the tenant will not have to pay rent, is there any benefit to inserting a market rent in the lease and documenting the peppercorn rent in a side letter as opposed to stating peppercorn rent in the actual lease?
Q&As

If a landlord needs to take out a commercial loan in order to be able to carry out repair works following the end of a lease, can the cost of the loan or interest be passed on to the tenant in the dilapidations claim? The lease is silent.
If a landlord needs to take out a commercial loan in order to be able to carry out repair works following the end of a lease, can the cost of the loan or interest be passed on to the tenant in the dilapidations claim? The lease is silent.
Q&As

If a landlord serves a notice under section 25 of the Landlord and Tenant Act 1954 to terminate a monthly periodic tenancy, must the notice expire at the end of a period of the tenancy, or does it suffice for the landlord to give six months’ notice expiring on any day?
If a landlord serves a notice under section 25 of the Landlord and Tenant Act 1954 to terminate a monthly periodic tenancy, must the notice expire at the end of a period of the tenancy, or does it suffice for the landlord to give six months’ notice expiring on any day?
Q&As

If a lease allows use as a holiday let subject to the freeholder's consent which cannot be unreasonably withheld, in what circumstances can consent be unreasonably withheld and can consent be revoked for any reason?
If a lease allows use as a holiday let subject to the freeholder's consent which cannot be unreasonably withheld, in what circumstances can consent be unreasonably withheld and can consent be revoked for any reason?
Q&As

If a lease registered at HM Land Registry has been terminated by operation of law and the landlord would like to grant a new lease to a different tenant, does the original lease need to be removed from the landlord’s title?
If a lease registered at HM Land Registry has been terminated by operation of law and the landlord would like to grant a new lease to a different tenant, does the original lease need to be removed from the landlord’s title?
Q&As

If a licensee, who does not contribute towards rent or bills, was allowed to stay at a property for a week as a gesture of goodwill by a family member, but then did not leave, would a notice to quit need to be served with a notice period of at least four weeks? Would the licensee still be protected under the Protection from Eviction Act 1977?
If a licensee, who does not contribute towards rent or bills, was allowed to stay at a property for a week as a gesture of goodwill by a family member, but then did not leave, would a notice to quit need to be served with a notice period of at least four weeks? Would the licensee still be protected under the Protection from Eviction Act 1977?
Q&As

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