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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

What is the effect of an unlawful subletting for a fixed term, granted at a time when the lease is being continued after the end of its contractual term by the Landlord and Tenant Act 1954? Does it take effect as an assignment of the lease (and, if so, does that mean that the tenant cannot accept a surrender of the sublease)?
What is the effect of an unlawful subletting for a fixed term, granted at a time when the lease is being continued after the end of its contractual term by the Landlord and Tenant Act 1954? Does it take effect as an assignment of the lease (and, if so, does that mean that the tenant cannot accept a surrender of the sublease)?
Q&As

What is the procedure for coming off the record in respect of First-tier Tribunal (Property Chamber) proceedings? Is there an application process, similar to the court process?
What is the procedure for coming off the record in respect of First-tier Tribunal (Property Chamber) proceedings? Is there an application process, similar to the court process?
Q&As

What notice would be required to evict an occupier living in a caravan belonging to the landlord and located on the landlord's private property, where there is no formal written agreement and rent is paid on a monthly basis? The rent is now three months in arrears.
What notice would be required to evict an occupier living in a caravan belonging to the landlord and located on the landlord's private property, where there is no formal written agreement and rent is paid on a monthly basis? The rent is now three months in arrears.
Q&As

When a Landlord and Tenant Act 1954 protected tenant has served notice on the freeholder and issued proceedings for a new lease, if the freehold is then sold, can the new freeholder who now wants to develop, serve a notice to end the tenancy or do they have to defend the court proceedings in order to obtain possession?
When a Landlord and Tenant Act 1954 protected tenant has served notice on the freeholder and issued proceedings for a new lease, if the freehold is then sold, can the new freeholder who now wants to develop, serve a notice to end the tenancy or do they have to defend the court proceedings in order to obtain possession?
Q&As

When drafting notices of the right of first refusal for the transfer of an estate containing three blocks of flats, shared communal areas and leasehold houses and each building would be entitled to be offered the right of first refusal in relation to the communal areas, would the communal areas be included in all the notices, just one or none?
When drafting notices of the right of first refusal for the transfer of an estate containing three blocks of flats, shared communal areas and leasehold houses and each building would be entitled to be offered the right of first refusal in relation to the communal areas, would the communal areas be included in all the notices, just one or none?
Q&As

Where (i) one of five joint tenants under a fixed term assured shorthold tenancy gives notice to the landlord of that individual's intention to vacate the property on the expiry of the term, but (ii) the other tenants intend to remain, does this end the tenancy or does the tenancy agreement continue as a periodic tenancy?
Where (i) one of five joint tenants under a fixed term assured shorthold tenancy gives notice to the landlord of that individual's intention to vacate the property on the expiry of the term, but (ii) the other tenants intend to remain, does this end the tenancy or does the tenancy agreement continue as a periodic tenancy?
Q&As

Where a building scheme exists, and the original developer is still in existence, can the plot owners call for the developer to enforce restrictive covenants breached by another plot owner?
Where a building scheme exists, and the original developer is still in existence, can the plot owners call for the developer to enforce restrictive covenants breached by another plot owner?
Q&As

Where a commercial tenant is in occupation without written agreement, are there any implied rights of access for the landlord to conduct a ground report? The land is subject to potential development and the development company also require to conduct a ground report. The surveys would be conducted by the same surveyor on the same inspection.
Where a commercial tenant is in occupation without written agreement, are there any implied rights of access for the landlord to conduct a ground report? The land is subject to potential development and the development company also require to conduct a ground report. The surveys would be conducted by the same surveyor on the same inspection.
Q&As

Where a freehold subject to a long lease of non-domestic property is sold, is an energy performance certificate (EPC) required? The lease pre-dates EPC legislation and was originally granted as a long lease of bare land now built on by the tenant.
Where a freehold subject to a long lease of non-domestic property is sold, is an energy performance certificate (EPC) required? The lease pre-dates EPC legislation and was originally granted as a long lease of bare land now built on by the tenant.
Q&As

Where a landlord gives consent for the installation of wooden floors, and is therefore unable to enforce a covenant to keep the floors carpeted (per Faidi v Elliot Corporation), can the landlord or another tenant nevertheless take action if the installation works were not done correctly, causing noise for the tenant below?
Where a landlord gives consent for the installation of wooden floors, and is therefore unable to enforce a covenant to keep the floors carpeted (per Faidi v Elliot Corporation), can the landlord or another tenant nevertheless take action if the installation works were not done correctly, causing noise for the tenant below?
Q&As

Where a landlord has leased land but has then erected temporary structures on that land, does that amount to forfeiture of the lease as the landlord has taken back possession?
Where a landlord has leased land but has then erected temporary structures on that land, does that amount to forfeiture of the lease as the landlord has taken back possession?
Q&As

Where a landlord has received notice under section 5 of the Leasehold Reform Act 1967 for its tenant to acquire the freehold of a house, where the tenant has since passed away and the personal representatives of the tenant have not yet obtained probate, to whom should the landlord address the counternotice given the two-month deadline for the counternotice to be served?
Where a landlord has received notice under section 5 of the Leasehold Reform Act 1967 for its tenant to acquire the freehold of a house, where the tenant has since passed away and the personal representatives of the tenant have not yet obtained probate, to whom should the landlord address the counternotice given the two-month deadline for the counternotice to be served?
Q&As

Where a landlord opposes the grant of a new business tenancy in its section 25 notice/counter-notice to a section 26 request, based on a ground of opposition in section 30(1) of the Landlord and Tenant Act 1954 which gives rise to statutory compensation, must the tenant take any steps to preserve its right to compensation and if so, is there a deadline by which this must be done?
Where a landlord opposes the grant of a new business tenancy in its section 25 notice/counter-notice to a section 26 request, based on a ground of opposition in section 30(1) of the Landlord and Tenant Act 1954 which gives rise to statutory compensation, must the tenant take any steps to preserve its right to compensation and if so, is there a deadline by which this must be done?
Q&As

Where a lease contains a description of the demised premises along with a plan of the demised premises but there is no wording suggesting which of the two would prevail in the event of contradiction, which would prevail (eg, neither the description or plan contains ‘for identification only’ or ‘as more particularly delineated’ or anything of that nature suggesting which will prevail)?
Where a lease contains a description of the demised premises along with a plan of the demised premises but there is no wording suggesting which of the two would prevail in the event of contradiction, which would prevail (eg, neither the description or plan contains ‘for identification only’ or ‘as more particularly delineated’ or anything of that nature suggesting which will prevail)?
Q&As

Where a long residential lease is extended under section 56 of the Leasehold Reform Housing and Urban Development Act 1993 and the freehold is subject to a Form N restriction in respect of a charge to the freeholder’s lenders, will the HM Land Registry require lender consent to be submitted in order for the lease extension to be registered notwithstanding that the lease extension is pursuant to statute?
Where a long residential lease is extended under section 56 of the Leasehold Reform Housing and Urban Development Act 1993 and the freehold is subject to a Form N restriction in respect of a charge to the freeholder’s lenders, will the HM Land Registry require lender consent to be submitted in order for the lease extension to be registered notwithstanding that the lease extension is pursuant to statute?
Q&As

Where a management company is party to the lease or transfer of part for a newbuild property, does the management company have to sign the plan?
Where a management company is party to the lease or transfer of part for a newbuild property, does the management company have to sign the plan?
Q&As

Where a notice under section 25 of the Landlord and Tenant Act 1954 is served but is defective, does the tenant's agreement to extend the deadline for issuing proceedings serve to waive any arguments as to invalidity of the initial notice (ie does the agreement to extend the deadline validate what is otherwise an invalid notice)?
Where a notice under section 25 of the Landlord and Tenant Act 1954 is served but is defective, does the tenant's agreement to extend the deadline for issuing proceedings serve to waive any arguments as to invalidity of the initial notice (ie does the agreement to extend the deadline validate what is otherwise an invalid notice)?
Q&As

Where a notice under section 5 of the Landlord and Tenant Act 1987 must specify ‘a further period of not less than two months’ to nominate the purchaser, is this referring to two months from acceptance of the offer, or two months from the end of the acceptance period? Is there any case law on this point?
Where a notice under section 5 of the Landlord and Tenant Act 1987 must specify ‘a further period of not less than two months’ to nominate the purchaser, is this referring to two months from acceptance of the offer, or two months from the end of the acceptance period? Is there any case law on this point?
Q&As

Where a notice was defectively served under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 and the benefit of the notice was assigned to a purchaser, the landlord progressed negotiations with the purchaser on a without prejudice basis in any event, but the notice was then deemed withdrawn as the lease was not agreed within six months, when can the assignee serve a new notice, ie two years from completion of the assignment, or from registration, or one year after the deemed withdrawal?
Where a notice was defectively served under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 and the benefit of the notice was assigned to a purchaser, the landlord progressed negotiations with the purchaser on a without prejudice basis in any event, but the notice was then deemed withdrawn as the lease was not agreed within six months, when can the assignee serve a new notice, ie two years from completion of the assignment, or from registration, or one year after the deemed withdrawal?
Q&As

Where a number of properties are co-owned by three siblings: Where a property is occupied by one of the co-owners of a property, is it possible for that to be a tenancy, ie can the occupier be both landlord and tenant?; Does unity of seisin apply to positive covenants, ie in respect of another two properties co-owned by the siblings, a personal positive covenant to erect and maintain a fence exists on one piece of land stated to be observed by the siblings on transfer. Does unity of seisin apply to positive and restrictive covenants?
Where a number of properties are co-owned by three siblings: Where a property is occupied by one of the co-owners of a property, is it possible for that to be a tenancy, ie can the occupier be both landlord and tenant?; Does unity of seisin apply to positive covenants, ie in respect of another two properties co-owned by the siblings, a personal positive covenant to erect and maintain a fence exists on one piece of land stated to be observed by the siblings on transfer. Does unity of seisin apply to positive and restrictive covenants?
Q&As

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