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XXIV Old Buildings

Experts

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Edward Cumming
Edward Cumming
XXIV Old Buildings
Helen Galley
Helen Galley
XXIV Old Buildings
Matthew Watson
Matthew Watson
XXIV Old Buildings
Owen Curry
Owen Curry
XXIV Old Buildings
Timothy Sherwin
Timothy Sherwin
XXIV Old Buildings
Contributions by XXIV Old Buildings Experts

131

A residential leasehold premises (999 lease) is unregistered. The couple who lived at the premises transferred the premises to their four children via a deed of gift, but the couple remained in the premises. The couple signed the deed of gift as did two of the children. However, children three and four did not sign the deed of gift. The couple have now passed away. Even though children three and four did not sign the deed of gift, do they too own the leasehold or is it owned by children one and two only?
A residential leasehold premises (999 lease) is unregistered. The couple who lived at the premises transferred the premises to their four children via a deed of gift, but the couple remained in the premises. The couple signed the deed of gift as did two of the children. However, children three and four did not sign the deed of gift. The couple have now passed away. Even though children three and four did not sign the deed of gift, do they too own the leasehold or is it owned by children one and two only?
Q&As

A residential property has an art studio physically connected to it from which A has conducted a business for 30 years. A originally occupied the residence but then moved away still operating the studio. A has now moved back into the residence. No rent is paid for either the residential use of the house nor the business use of the premises. Does A have a business tenancy of the house and the studio? Even if A historically had security of tenure of the house in conjunction with the studio, can it be said that this was surrendered when A moved out of the residence?
A residential property has an art studio physically connected to it from which A has conducted a business for 30 years. A originally occupied the residence but then moved away still operating the studio. A has now moved back into the residence. No rent is paid for either the residential use of the house nor the business use of the premises. Does A have a business tenancy of the house and the studio? Even if A historically had security of tenure of the house in conjunction with the studio, can it be said that this was surrendered when A moved out of the residence?
Q&As

A single sublessee of a block of eight flats claims a 90-year extension under the Leasehold Reform, Housing and Urban Development Act 1993. The lease is made by the freeholder as the competent landlord but there is an intermediate lease currently with about 60 years remaining. When that intermediate lease is automatically extended under the Act (and therefore has over 90 years remaining) is it correct to state that the intermediate lessor becomes the competent landlord for any future claim to an extension under the Act?
A single sublessee of a block of eight flats claims a 90-year extension under the Leasehold Reform, Housing and Urban Development Act 1993. The lease is made by the freeholder as the competent landlord but there is an intermediate lease currently with about 60 years remaining. When that intermediate lease is automatically extended under the Act (and therefore has over 90 years remaining) is it correct to state that the intermediate lessor becomes the competent landlord for any future claim to an extension under the Act?
Q&As

A surviving spouse is left an interest in possession in half of the matrimonial home in the Will of the deceased spouse. The Will contains a provision such that if the property is sold in the surviving spouse’s lifetime, the proceeds pass down to children. If this occurs prior to the surviving spouse going into care, could this be deemed to be a gift made by the surviving spouse for the purpose of deliberately depriving themselves of assets under the Care Act 2014?
A surviving spouse is left an interest in possession in half of the matrimonial home in the Will of the deceased spouse. The Will contains a provision such that if the property is sold in the surviving spouse’s lifetime, the proceeds pass down to children. If this occurs prior to the surviving spouse going into care, could this be deemed to be a gift made by the surviving spouse for the purpose of deliberately depriving themselves of assets under the Care Act 2014?
Q&As

A tenant serves its break notice too late to operate the break option and therefore the lease continues. The rent review date in the lease is the same date as the date the tenant could have exercised the break, but the rent review clause provides that time is not of the essence. The landlord has not served a notice to trigger the rent review. Does the interaction between the two clauses (ie the right to break or continue with a new rent) mean that time is of the essence in relation to the rent review, even though it is stated not to be?
A tenant serves its break notice too late to operate the break option and therefore the lease continues. The rent review date in the lease is the same date as the date the tenant could have exercised the break, but the rent review clause provides that time is not of the essence. The landlord has not served a notice to trigger the rent review. Does the interaction between the two clauses (ie the right to break or continue with a new rent) mean that time is of the essence in relation to the rent review, even though it is stated not to be?
Q&As

A tenant wishes to carry out works but the lease includes a tenant covenant which absolutely prohibits those works and a covenant which absolutely prohibits a planning application being submitted or implemented for those works. Could these covenants be overcome under section 3 of the Landlord and Tenant Act 1927 or via another Act?
A tenant wishes to carry out works but the lease includes a tenant covenant which absolutely prohibits those works and a covenant which absolutely prohibits a planning application being submitted or implemented for those works. Could these covenants be overcome under section 3 of the Landlord and Tenant Act 1927 or via another Act?
Q&As

A testatrix leaves a residential property to her children, A and B. A and B are also the executors of her Will. It is agreed that A and her husband C will buy B’s share of the property. What is the correct method of transferring the property into the joint names of A and C? Can there be a transfer directly from A and B as executors to A and C as purchasers? Or must there be an assent from A and B as executors to A and B as beneficiaries and then a transfer to A and C as purchasers?
A testatrix leaves a residential property to her children, A and B. A and B are also the executors of her Will. It is agreed that A and her husband C will buy B’s share of the property. What is the correct method of transferring the property into the joint names of A and C? Can there be a transfer directly from A and B as executors to A and C as purchasers? Or must there be an assent from A and B as executors to A and B as beneficiaries and then a transfer to A and C as purchasers?
Q&As

A transfer in 2004 between X (1) and developer Y (2) reserved the right to lay and connect into services, but there is no right reserved for the property to use the services. The transfer does contain wording that refers to a proportion of maintenance costs being payable ‘in accordance with user’. Can it therefore be implied that this was intended between the parties and there is an implied right to use the services? Are there any recent cases that highlight this point?
A transfer in 2004 between X (1) and developer Y (2) reserved the right to lay and connect into services, but there is no right reserved for the property to use the services. The transfer does contain wording that refers to a proportion of maintenance costs being payable ‘in accordance with user’. Can it therefore be implied that this was intended between the parties and there is an implied right to use the services? Are there any recent cases that highlight this point?
Q&As

A trust was constituted with A, B and C as trustees, substituted later with E and F and later with the addition of G but no documentation exists for the retirement of A, B and C or the appointment of E and F. What procedures are available to constitute the full trust documentation?
A trust was constituted with A, B and C as trustees, substituted later with E and F and later with the addition of G but no documentation exists for the retirement of A, B and C or the appointment of E and F. What procedures are available to constitute the full trust documentation?
Q&As

A Will appoints X, Y and Z as executors and trustees. X and Y obtained the grant with power reserved to Z. The Will does not have a clause providing that the trustees are those just named on the grant and so X, Y and Z are the trustees of an IPDI trust created under the Will. Z lacks capacity to act as trustee and cannot sign any form of disclaimer or deed of retirement. Do X and Y need to take any steps to formally remove Z as a trustee? There are no special powers of appointment or retirement under the Will and so just the statutory powers apply.
A Will appoints X, Y and Z as executors and trustees. X and Y obtained the grant with power reserved to Z. The Will does not have a clause providing that the trustees are those just named on the grant and so X, Y and Z are the trustees of an IPDI trust created under the Will. Z lacks capacity to act as trustee and cannot sign any form of disclaimer or deed of retirement. Do X and Y need to take any steps to formally remove Z as a trustee? There are no special powers of appointment or retirement under the Will and so just the statutory powers apply.
Q&As

A Will creates a life interest trust: the life tenant shall have the right to remain in the deceased's house for his life time and during this time shall be responsible for payment of all utility bills relating to the house. What measures can be put in place by the Trustees to make sure that the life tenant: 1) keeps the property in good repair and condition, and 2) pays all utility bills?
A Will creates a life interest trust: the life tenant shall have the right to remain in the deceased's house for his life time and during this time shall be responsible for payment of all utility bills relating to the house. What measures can be put in place by the Trustees to make sure that the life tenant: 1) keeps the property in good repair and condition, and 2) pays all utility bills?
Q&As

Agents were contracted to manage a three bedroom residential property for 10 years. In breach of contract they failed to carry out quarterly inspections for the past four years in which time the tenants unlawfully sublet the house so that there were seven or eight people living there. Significant property damage, including to doors, has been caused along with large amounts of debris being left. The only evidence is a check out report. If the managing agents are found to be negligent or in breach of contract how will damages be assessed? Is there case law in respect of similar cases?
Agents were contracted to manage a three bedroom residential property for 10 years. In breach of contract they failed to carry out quarterly inspections for the past four years in which time the tenants unlawfully sublet the house so that there were seven or eight people living there. Significant property damage, including to doors, has been caused along with large amounts of debris being left. The only evidence is a check out report. If the managing agents are found to be negligent or in breach of contract how will damages be assessed? Is there case law in respect of similar cases?
Q&As

An assured shorthold tenancy was granted in 2010 for a residential property. The property was sold in 2017 and now the new owner wants to evict the tenant under section 21 grounds as they want the property for themselves. Can the new owner serve a section 21 notice to evict the tenants or should they have entered into a new tenancy agreement? Does the owner need to serve any notices on the current tenant before serving the section 21 notice?
An assured shorthold tenancy was granted in 2010 for a residential property. The property was sold in 2017 and now the new owner wants to evict the tenant under section 21 grounds as they want the property for themselves. Can the new owner serve a section 21 notice to evict the tenants or should they have entered into a new tenancy agreement? Does the owner need to serve any notices on the current tenant before serving the section 21 notice?
Q&As

An individual has bought a property with a home rights notice registered against the title. While they have managed to register the transfer and their mortgage (the notice was registered before the mortgage), the notice is preventing them from remortgaging. Do they have any grounds to apply to the court for the removal of the notice?
An individual has bought a property with a home rights notice registered against the title. While they have managed to register the transfer and their mortgage (the notice was registered before the mortgage), the notice is preventing them from remortgaging. Do they have any grounds to apply to the court for the removal of the notice?
Q&As

Are there grounds to argue that a constructive trust is created where A loans to B and C the whole of the purchase price of a property under a loan agreement? If so, can A's trust interest be protected by registering a restriction?
Are there grounds to argue that a constructive trust is created where A loans to B and C the whole of the purchase price of a property under a loan agreement? If so, can A's trust interest be protected by registering a restriction?
Q&As

Can a creditor take out letters of administration if the family of the deceased are refusing to do so?
Can a creditor take out letters of administration if the family of the deceased are refusing to do so?
Q&As

Can a foreign embassy which rents property in the UK be sued for breaching the lease agreement? If not, what steps can be taken to gain possession of the property?
Can a foreign embassy which rents property in the UK be sued for breaching the lease agreement? If not, what steps can be taken to gain possession of the property?
Q&As

Can a landlord add clauses to a new lease such as prohibiting tenancies in a section 45 counter notice when those terms were not within the original lease at all. If they can and a tenant objects how does this affect the process, would this be a point for decision at tribunal for instance?
Can a landlord add clauses to a new lease such as prohibiting tenancies in a section 45 counter notice when those terms were not within the original lease at all. If they can and a tenant objects how does this affect the process, would this be a point for decision at tribunal for instance?
Q&As

Can a landlord claim adverse possession of a plot of land in relation to their property if it has been tenanted for the duration of their ownership?
Can a landlord claim adverse possession of a plot of land in relation to their property if it has been tenanted for the duration of their ownership?
Q&As

Can a landlord exercise a landlord's break right in a lease during the moratorium when the tenant is in administration?
Can a landlord exercise a landlord's break right in a lease during the moratorium when the tenant is in administration?
Q&As

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