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Tanfield Chambers

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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

Is it correct that CRAR under the Tribunals, Courts and Enforcement Act 2007 is not enforceable against the Crown?
Is it correct that CRAR under the Tribunals, Courts and Enforcement Act 2007 is not enforceable against the Crown?
Q&As

Is it possible by agreement (on the grant of a lease) to substitute the compensation provisions in the Landlord and Tenant Act 1954 (assuming termination is on ground(s) giving rise to the right to compensation) with terms that determine the sum payable in a manner agreed (at grant) between the parties?
Is it possible by agreement (on the grant of a lease) to substitute the compensation provisions in the Landlord and Tenant Act 1954 (assuming termination is on ground(s) giving rise to the right to compensation) with terms that determine the sum payable in a manner agreed (at grant) between the parties?
Q&As

Is it possible to grant an express easement for a term of years absolute subject to termination provisions?
Is it possible to grant an express easement for a term of years absolute subject to termination provisions?
Q&As

Is it possible to make a single application under CPR 31.17 for pre-action disclosure against two parties?
Is it possible to make a single application under CPR 31.17 for pre-action disclosure against two parties?
Q&As

Is there any real substantive difference between the registrar’s and the court’s powers to order rectification of the registry in the strict technical sense defined in Schedule 4 to the Land Registration Act 2002? If not, are there any circumstances where it might be some advantage in incurring the expense of an application to the court?
Is there any real substantive difference between the registrar’s and the court’s powers to order rectification of the registry in the strict technical sense defined in Schedule 4 to the Land Registration Act 2002? If not, are there any circumstances where it might be some advantage in incurring the expense of an application to the court?
Q&As

Must a property which is let on an assured shorthold tenancy have heating in every room?
Must a property which is let on an assured shorthold tenancy have heating in every room?
Q&As

Pursuant to section 23(1) of the Landlord and Tenant (Covenants) Act 1995, under a new lease, the purchaser of a reversion is not entitled to rent arrears which accrued before the purchase, unless provided for otherwise in the contract. Which party must the tenant make payment of any arrears to, the current or previous landlord? Where the tenant and the new landlord subsequently agree a surrender of the tenant's interest in full and final settlement of the tenant's past, present and future liabilities, does this apply to any arrears which are owed to the previous landlord?
Pursuant to section 23(1) of the Landlord and Tenant (Covenants) Act 1995, under a new lease, the purchaser of a reversion is not entitled to rent arrears which accrued before the purchase, unless provided for otherwise in the contract. Which party must the tenant make payment of any arrears to, the current or previous landlord? Where the tenant and the new landlord subsequently agree a surrender of the tenant's interest in full and final settlement of the tenant's past, present and future liabilities, does this apply to any arrears which are owed to the previous landlord?
Q&As

Tenant A owns one flat in a block of three flats. The other two flats are owned by Tenant B. Following service of a notice by the landlord under section 5 of the Landlord and Tenant Act 1987 (LTA 1987), can A and B serve separate notices under LTA 1987, s 6 or must they serve only one notice on behalf of them both? Would service of a section 6 notice by B alone 'freeze out' A?
Tenant A owns one flat in a block of three flats. The other two flats are owned by Tenant B. Following service of a notice by the landlord under section 5 of the Landlord and Tenant Act 1987 (LTA 1987), can A and B serve separate notices under LTA 1987, s 6 or must they serve only one notice on behalf of them both? Would service of a section 6 notice by B alone 'freeze out' A?
Q&As

There is a three party lease where the right to manage has been exercised. The landlord and tenant have agreed to amend the ground rent provisions and are going to do this by a deed of variation. The amendment is not a management function of the lease and so presumably not caught by the Commonhold and Leasehold Reform Act 2002. Does the right to manage company have to be a party to the deed or should it just be the landlord, tenant and original management company?
There is a three party lease where the right to manage has been exercised. The landlord and tenant have agreed to amend the ground rent provisions and are going to do this by a deed of variation. The amendment is not a management function of the lease and so presumably not caught by the Commonhold and Leasehold Reform Act 2002. Does the right to manage company have to be a party to the deed or should it just be the landlord, tenant and original management company?
Q&As

There is an ongoing dispute between a landlord and tenant as to the compliance with the tenancy deposit legislation/validity of a section 21 notice. The tenant has offered to vacate on a ‘without prejudice’ basis subject to the landlord not charging rent pending vacation. How is this best documented and how would it impact on the landlord’s ability to gain possession in any court proceedings?
There is an ongoing dispute between a landlord and tenant as to the compliance with the tenancy deposit legislation/validity of a section 21 notice. The tenant has offered to vacate on a ‘without prejudice’ basis subject to the landlord not charging rent pending vacation. How is this best documented and how would it impact on the landlord’s ability to gain possession in any court proceedings?
Q&As

To what extent can a buyer rely on searches provided by the seller in a commercial property sale?
To what extent can a buyer rely on searches provided by the seller in a commercial property sale?
Q&As

Two neighbouring properties (A and B) have mutual rights of way over a shared access which straddles either side of the shared boundary. The title of property A is subject to a restriction preventing registrations of ‘dispositions by the proprietor of the registered estate’. The restriction relates to arrangements securing an overage. The owners of both A and B are entering into a mutual deed of release. The owner of A wishes to register the deed against the respective titles to evidence the release. Will the release amount to a disposition to the extent that the existence of the restriction will prevent registration of the release against owner A’s title?
Two neighbouring properties (A and B) have mutual rights of way over a shared access which straddles either side of the shared boundary. The title of property A is subject to a restriction preventing registrations of ‘dispositions by the proprietor of the registered estate’. The restriction relates to arrangements securing an overage. The owners of both A and B are entering into a mutual deed of release. The owner of A wishes to register the deed against the respective titles to evidence the release. Will the release amount to a disposition to the extent that the existence of the restriction will prevent registration of the release against owner A’s title?
Q&As

Under the terms of a lease a landlord is obliged to carry out repairs 'subject to payment of the contributions by the lessee'. In a block of four flats, three lessees have paid their contributions but one lessee has failed to. The landlord is refusing to carry out the works until all lessees have paid. Do the other three lessees have a cause of action against the landlord for breach of their individual leases as the relevant clause only refers to 'contributions by the lessee'? The original quotation for the works has now increased due to the time delay. Can the other lessees bring a claim against the lessee who failed to pay for the resulting increase in costs?
Under the terms of a lease a landlord is obliged to carry out repairs 'subject to payment of the contributions by the lessee'. In a block of four flats, three lessees have paid their contributions but one lessee has failed to. The landlord is refusing to carry out the works until all lessees have paid. Do the other three lessees have a cause of action against the landlord for breach of their individual leases as the relevant clause only refers to 'contributions by the lessee'? The original quotation for the works has now increased due to the time delay. Can the other lessees bring a claim against the lessee who failed to pay for the resulting increase in costs?
Q&As

What are the circumstances which will result in a 12-month bar on a tenant re-serving a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993? Does failure to serve the tenant's notice on a third party to the lease have this effect?
What are the circumstances which will result in a 12-month bar on a tenant re-serving a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993? Does failure to serve the tenant's notice on a third party to the lease have this effect?
Q&As

What are the implications if the tenants are not informed of a change of landlord?
What are the implications if the tenants are not informed of a change of landlord?
Q&As

What are the section 21 notice requirements to determine an assured shorthold tenancy granted in 2013, where the fixed-term has expired and rent is paid on the last day of each month?
What are the section 21 notice requirements to determine an assured shorthold tenancy granted in 2013, where the fixed-term has expired and rent is paid on the last day of each month?
Q&As

What are you to do with a statutory deposit held as stakeholder pursuant to paragraph 2, Schedule 2 to the Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993, SI 1993/2407 when your landlord client disinstructs you?
What are you to do with a statutory deposit held as stakeholder pursuant to paragraph 2, Schedule 2 to the Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993, SI 1993/2407 when your landlord client disinstructs you?
Q&As

What constitutes ‘substantial works’ under Ground 6 of section 8 possession proceedings? Would the replacement of a kitchen and bathroom qualify as substantial works?
What constitutes ‘substantial works’ under Ground 6 of section 8 possession proceedings? Would the replacement of a kitchen and bathroom qualify as substantial works?
Q&As

What happens when a landlord serves a section 25 notice with proposed terms for a new lease but the tenant does not respond or fails to respond by the date of deadline?
What happens when a landlord serves a section 25 notice with proposed terms for a new lease but the tenant does not respond or fails to respond by the date of deadline?
Q&As

What is the deadline for a landlord to issue an interim rent application where the new lease has been completed and the tenant has discontinued its lease renewal proceedings and interim rent claim?
What is the deadline for a landlord to issue an interim rent application where the new lease has been completed and the tenant has discontinued its lease renewal proceedings and interim rent claim?
Q&As

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