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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

Can a landlord offer a new lease to a new tenant for the premises prior to the expiry of a section 25 notice served on the old tenant?
Can a landlord offer a new lease to a new tenant for the premises prior to the expiry of a section 25 notice served on the old tenant?
Q&As

Can a mortgagee who has not been paid simply sell the property without a court order?
Can a mortgagee who has not been paid simply sell the property without a court order?
Q&As

Can a proposed easement (not executed or negotiated yet) be binding?
Can a proposed easement (not executed or negotiated yet) be binding?
Q&As

Can a right of way over land for utilities and to 'repair, maintain and renew' the services be interpreted to include the right to install services if it is found the services have not been constructed?
Can a right of way over land for utilities and to 'repair, maintain and renew' the services be interpreted to include the right to install services if it is found the services have not been constructed?
Q&As

Can a Will prepared in the UK for UK assets be signed and witnessed by the client in France, and if so, does it have to be witnessed by a professional or can it be witnessed by individuals?
Can a Will prepared in the UK for UK assets be signed and witnessed by the client in France, and if so, does it have to be witnessed by a professional or can it be witnessed by individuals?
Q&As

Can adverse possession be claimed over land owned by a railway? Is there any case law on this?
Can adverse possession be claimed over land owned by a railway? Is there any case law on this?
Q&As

Can an easement be acquired by prescription over an access route which is used for fire escape purposes only?
Can an easement be acquired by prescription over an access route which is used for fire escape purposes only?
Q&As

Can an executor of an estate appoint someone (say a solicitor) under a general power of attorney to sign the TR1 to complete the sale of the deceased's property? If so, what is the authority for this?
Can an executor of an estate appoint someone (say a solicitor) under a general power of attorney to sign the TR1 to complete the sale of the deceased's property? If so, what is the authority for this?
Q&As

Can one legal owner own the legal title to a property for one or more other beneficial owners as joint tenants?
Can one legal owner own the legal title to a property for one or more other beneficial owners as joint tenants?
Q&As

Can servient land be extended? For example, if in a sale of part the sold land is granted an easement of some kind over the retained land defined as ‘the estate’ and then the owner of the estate adds further property to it in the future, would the easement benefitting the sold land extend to this newly acquired part of the estate?
Can servient land be extended? For example, if in a sale of part the sold land is granted an easement of some kind over the retained land defined as ‘the estate’ and then the owner of the estate adds further property to it in the future, would the easement benefitting the sold land extend to this newly acquired part of the estate?
Q&As

Can the landlord's surveyor serve a terminal schedule of dilapidations on a tenant or must the landlord's solicitor serve this?
Can the landlord's surveyor serve a terminal schedule of dilapidations on a tenant or must the landlord's solicitor serve this?
Q&As

Can the owner of the dominant tenement benefitting from a prescriptive right of way, grant other parties of neighbouring land any rights in respect of that right of way (ie to cross it for the same purposes)?
Can the owner of the dominant tenement benefitting from a prescriptive right of way, grant other parties of neighbouring land any rights in respect of that right of way (ie to cross it for the same purposes)?
Q&As

Can you advise if there any case law or guidance on the removal of managing agents of blocks of flats?
Can you advise if there any case law or guidance on the removal of managing agents of blocks of flats?
Q&As

Do service charge funds need to be held in a designated deposit/trust account?
Do service charge funds need to be held in a designated deposit/trust account?
Q&As

Does a freeholder need to serve formal notices under section 5 of the Landlord and Tenant Act 1987 to all leaseholders in a block of flats before transferring the freehold title to one of the leaseholders for nil consideration, if the other leaseholders agree?
Does a freeholder need to serve formal notices under section 5 of the Landlord and Tenant Act 1987 to all leaseholders in a block of flats before transferring the freehold title to one of the leaseholders for nil consideration, if the other leaseholders agree?
Q&As

Does a section 8 notice need to include the printed name of the landlord or their agent, in addition to their signature and address?
Does a section 8 notice need to include the printed name of the landlord or their agent, in addition to their signature and address?
Q&As

Does a solicitor have a duty to advise a client to exercise a statutory right to extend a lease of a flat?
Does a solicitor have a duty to advise a client to exercise a statutory right to extend a lease of a flat?
Q&As

Does an original tenant under an old lease, who is being pursued by the current landlord under privity of contract, need to serve a notice under s 17 of the Landlord and Tenant (Covenants) Act 1995 on its assignee if it is relying on a contractual indemnity in the assignment?
Does an original tenant under an old lease, who is being pursued by the current landlord under privity of contract, need to serve a notice under s 17 of the Landlord and Tenant (Covenants) Act 1995 on its assignee if it is relying on a contractual indemnity in the assignment?
Q&As

Does property demised by a lease, which does not include the structural roof or the foundations, fall under the definition of a house for the purposes of the Leasehold Reform Act 1967 or would it be a flat under the Leasehold Reform, Housing and Urban Development Act 1993? Otherwise, the demise is over two stories (ground and first floor) and there are no other parts, be it common parts or other residential apartments, which overlap above or under the demise, so the property can therefore be divided vertically from the remainder of the building.
Does property demised by a lease, which does not include the structural roof or the foundations, fall under the definition of a house for the purposes of the Leasehold Reform Act 1967 or would it be a flat under the Leasehold Reform, Housing and Urban Development Act 1993? Otherwise, the demise is over two stories (ground and first floor) and there are no other parts, be it common parts or other residential apartments, which overlap above or under the demise, so the property can therefore be divided vertically from the remainder of the building.
Q&As

For the purposes of section 213 of the Housing Act 2004, where a deposit is paid to a landlord before an assured shorthold tenancy is completed, is the 30-day period calculated from the date of receipt of the deposit by the landlord or the date of completion of the tenancy agreement?
For the purposes of section 213 of the Housing Act 2004, where a deposit is paid to a landlord before an assured shorthold tenancy is completed, is the 30-day period calculated from the date of receipt of the deposit by the landlord or the date of completion of the tenancy agreement?
Q&As

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