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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

If a maintenance company entered into a deed of covenant with flat owners to ensure the communal areas of the property are well maintained, but the management company have failed to adhere to the deed, how can this positive covenant be enforced?
If a maintenance company entered into a deed of covenant with flat owners to ensure the communal areas of the property are well maintained, but the management company have failed to adhere to the deed, how can this positive covenant be enforced?
Q&As

If a one year assured shorthold tenancy (AST) is due to expire, but the tenant wants to stay on for five more months following expiry, is it better for the landlord to issue a new five month AST contract (knowing that they cannot serve notice for the tenant to leave for six months), or is it better for them to allow the AST to roll over into a statutory periodic tenancy? The landlord wishes to ensure that it can takes steps to recover possession if required.
If a one year assured shorthold tenancy (AST) is due to expire, but the tenant wants to stay on for five more months following expiry, is it better for the landlord to issue a new five month AST contract (knowing that they cannot serve notice for the tenant to leave for six months), or is it better for them to allow the AST to roll over into a statutory periodic tenancy? The landlord wishes to ensure that it can takes steps to recover possession if required.
Q&As

If a service charge demand is not accompanied by a Summary of Rights and Obligations (under the Landlord and Tenant Act 1985) and the leaseholder withholds payment, is the landlord prohibited from pursuing forfeiture action against the leaseholder if there are arrears? Or can the landlord pursue such action once they have rectified the matter by serving a Summary of Rights and Obligations?
If a service charge demand is not accompanied by a Summary of Rights and Obligations (under the Landlord and Tenant Act 1985) and the leaseholder withholds payment, is the landlord prohibited from pursuing forfeiture action against the leaseholder if there are arrears? Or can the landlord pursue such action once they have rectified the matter by serving a Summary of Rights and Obligations?
Q&As

If a squatter has adverse possession of land that is subject to a lease, and makes a successful application for adverse possession, do they become registered owner of the leasehold title to the land and take possession subject to the terms of the lease?
If a squatter has adverse possession of land that is subject to a lease, and makes a successful application for adverse possession, do they become registered owner of the leasehold title to the land and take possession subject to the terms of the lease?
Q&As

If a tenant has created an unauthorised sub-tenancy by way of an AST, would it be possible for the landlord to remove the unauthorised sub-tenant? If so, by what means?
If a tenant has created an unauthorised sub-tenancy by way of an AST, would it be possible for the landlord to remove the unauthorised sub-tenant? If so, by what means?
Q&As

If an assured shorthold tenancy (AST) is in the name of landlord A, who later transferred their legal interest in the property to landlord B, does there need to have been a formal assignment of the AST for landlord B to serve a valid section 21 notice and issue possession proceedings?
If an assured shorthold tenancy (AST) is in the name of landlord A, who later transferred their legal interest in the property to landlord B, does there need to have been a formal assignment of the AST for landlord B to serve a valid section 21 notice and issue possession proceedings?
Q&As

If the head lessee of one of a total of four blocks of flats comprising an estate successfully applies for the right to manage, will the current estate service charge (that covers maintenance and management of the buildings and common parts) be limited to just the common parts in respect of that block?
If the head lessee of one of a total of four blocks of flats comprising an estate successfully applies for the right to manage, will the current estate service charge (that covers maintenance and management of the buildings and common parts) be limited to just the common parts in respect of that block?
Q&As

If you are not named on legal title of a property and not married, can you protect against a sale by registering notice/restriction against the property with land registry?
If you are not named on legal title of a property and not married, can you protect against a sale by registering notice/restriction against the property with land registry?
Q&As

If you serve a section 8 notice citing ground 8 (six months' arrears and four weeks' notice) but the tenant within the notice period settles the arrears can you still issue possession proceedings on the discretionary grounds within the same notice period?
If you serve a section 8 notice citing ground 8 (six months' arrears and four weeks' notice) but the tenant within the notice period settles the arrears can you still issue possession proceedings on the discretionary grounds within the same notice period?
Q&As

In a block comprising two flats both owned by the same joint tenants, do the joint tenants have the right to collectively enfranchise under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) or are they precluded from doing so by LRHUDA 1993, s 5(5) that states that where the tenant holds more than two flats in the building they are precluded from being a qualifying tenant of more than one?
In a block comprising two flats both owned by the same joint tenants, do the joint tenants have the right to collectively enfranchise under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) or are they precluded from doing so by LRHUDA 1993, s 5(5) that states that where the tenant holds more than two flats in the building they are precluded from being a qualifying tenant of more than one?
Q&As

In a claim for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993, is there any exemption to the two-year ownership requirement for a property that has been transferred between group companies within that period?
In a claim for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993, is there any exemption to the two-year ownership requirement for a property that has been transferred between group companies within that period?
Q&As

In a landlord's defence opposing a tenant's lease renewal under the Landlord and Tenant Act 1954, how much detail of the landlord's grounds of opposition should the landlord set out? Should it be akin to what the defendant would expect to include in its witness statement?
In a landlord's defence opposing a tenant's lease renewal under the Landlord and Tenant Act 1954, how much detail of the landlord's grounds of opposition should the landlord set out? Should it be akin to what the defendant would expect to include in its witness statement?
Q&As

In a mixed use scheme as between head landlord and intermediate landlord of the residential part, who is responsible for ensuring compliance with laws relating to residential tenancies, in particular the obligation to ensure that the Immigration Act 2014 is compiled with?
In a mixed use scheme as between head landlord and intermediate landlord of the residential part, who is responsible for ensuring compliance with laws relating to residential tenancies, in particular the obligation to ensure that the Immigration Act 2014 is compiled with?
Q&As

In a situation where a tenancy has been assigned in equity but not in law, who should be named as the tenant in a section 26 notice—the legal tenant or the beneficial assignee in possession?
In a situation where a tenancy has been assigned in equity but not in law, who should be named as the tenant in a section 26 notice—the legal tenant or the beneficial assignee in possession?
Q&As

In an unopposed Landlord and Tenant Act 1954 lease renewal, the landlord has been asked to agree a 'pandemic clause' which provides for a rent reduction in the event of future pandemics/enforced closures. How is the court likely to approach the issue of whether to grant a pandemic clause, when this is not a term of the existing lease? If the landlord agrees a pandemic clause, could the renewal lease (incorporating that clause) be used as evidence in other renewals (by other tenants) to support a claim for pandemic clauses? Is market evidence only relevant to valuation?
In an unopposed Landlord and Tenant Act 1954 lease renewal, the landlord has been asked to agree a 'pandemic clause' which provides for a rent reduction in the event of future pandemics/enforced closures. How is the court likely to approach the issue of whether to grant a pandemic clause, when this is not a term of the existing lease? If the landlord agrees a pandemic clause, could the renewal lease (incorporating that clause) be used as evidence in other renewals (by other tenants) to support a claim for pandemic clauses? Is market evidence only relevant to valuation?
Q&As

In determining the rent payable under a renewal tenancy pursuant to section 34 of the Landlord and Tenant Act 1954, will the court take into account improvements carried out by the tenant more than 21 years ago? What assumptions will the court make regarding the condition or state of repair of the property, where the existing repairing obligations are limited by reference to a schedule of condition?
In determining the rent payable under a renewal tenancy pursuant to section 34 of the Landlord and Tenant Act 1954, will the court take into account improvements carried out by the tenant more than 21 years ago? What assumptions will the court make regarding the condition or state of repair of the property, where the existing repairing obligations are limited by reference to a schedule of condition?
Q&As

In relation to a newbuild property, the sale contract incorporates the standard conditions of sale with modification so that the property is at the seller's risk up and until completion. The contract also provides that where the seller has issued a certificate of practical completion and the property is destroyed, insurance proceeds will be paid to the buyer. What effect does this have on completion if the property is destroyed?
In relation to a newbuild property, the sale contract incorporates the standard conditions of sale with modification so that the property is at the seller's risk up and until completion. The contract also provides that where the seller has issued a certificate of practical completion and the property is destroyed, insurance proceeds will be paid to the buyer. What effect does this have on completion if the property is destroyed?
Q&As

Is a demand served under section 166 of the Commonhold and Leasehold Reform Act 2002 invalidated if the landlord serves a single demand encompassing several periods of ground rent?
Is a demand served under section 166 of the Commonhold and Leasehold Reform Act 2002 invalidated if the landlord serves a single demand encompassing several periods of ground rent?
Q&As

Is a right to erect scaffolding implied in a lease when there is an express right for the landlord to redevelop?
Is a right to erect scaffolding implied in a lease when there is an express right for the landlord to redevelop?
Q&As

Is a separate lease of a car park considered a ‘dwelling’ for the purposes of section 38 of the Landlord and Tenant Act 1985? If so, can a service charge claim be dealt with in the First-tier Tribunal?
Is a separate lease of a car park considered a ‘dwelling’ for the purposes of section 38 of the Landlord and Tenant Act 1985? If so, can a service charge claim be dealt with in the First-tier Tribunal?
Q&As

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