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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

How can an express declaration of trust be terminated if both parties wish to terminate it? The parties also wish to remove the relevant restriction from the land register by sending a Form RX4.
How can an express declaration of trust be terminated if both parties wish to terminate it? The parties also wish to remove the relevant restriction from the land register by sending a Form RX4.
Q&As

How do you swear an oath during the coronavirus (COVID-19) pandemic where there may be problems with a solicitor being physically present? Can it be sworn virtually with the individual and solicitor both signing electronically or are wet signatures required?
How do you swear an oath during the coronavirus (COVID-19) pandemic where there may be problems with a solicitor being physically present? Can it be sworn virtually with the individual and solicitor both signing electronically or are wet signatures required?
Q&As

How will the provisions of the Housing and Planning Act 2016 affect property enfranchisement transactions? Are there any transitional aspects that practitioners need to be aware of?
How will the provisions of the Housing and Planning Act 2016 affect property enfranchisement transactions? Are there any transitional aspects that practitioners need to be aware of?
Q&As

If a beneficiary of an estate brings a claim against the estate which is not a claim under the 1975 Inheritance Act, and which is potentially detrimental to the other beneficiaries, are the personal representatives entitled or obliged to adopt a neutral stance?
If a beneficiary of an estate brings a claim against the estate which is not a claim under the 1975 Inheritance Act, and which is potentially detrimental to the other beneficiaries, are the personal representatives entitled or obliged to adopt a neutral stance?
Q&As

If a freehold to a house, has been converted into three flats and the freeholder wishes to transfer the freehold title to one of the leaseholders for nil consideration, if the other two flat owners have agreed to this arrangement and as such the freehold is not being offered either by auction or on the open market for sale, must the freeholder serve formal notices under s 5 of LTA 1987 to all leaseholders before the transaction can proceed?
If a freehold to a house, has been converted into three flats and the freeholder wishes to transfer the freehold title to one of the leaseholders for nil consideration, if the other two flat owners have agreed to this arrangement and as such the freehold is not being offered either by auction or on the open market for sale, must the freeholder serve formal notices under s 5 of LTA 1987 to all leaseholders before the transaction can proceed?
Q&As

If a landlord and tenant of a Rent Act 1977 tenancy are in agreement that the tenant will move from one flat to another with the lease of the new flat also being a protected tenancy, how could this lawfully be achieved and is a court order necessary? Would it be lawful to enter into an agreement to surrender the lease of the one flat in return for the simultaneous grant of a lease pursuant to section 34(1)(b) of the Housing Act 1988 of the new flat?
If a landlord and tenant of a Rent Act 1977 tenancy are in agreement that the tenant will move from one flat to another with the lease of the new flat also being a protected tenancy, how could this lawfully be achieved and is a court order necessary? Would it be lawful to enter into an agreement to surrender the lease of the one flat in return for the simultaneous grant of a lease pursuant to section 34(1)(b) of the Housing Act 1988 of the new flat?
Q&As

If a landlord fails to serve a section 45 counter notice, but the lease extension is completed, is the landlord’s ability to recover costs under section 60 of the Leasehold Reform, Housing and Urban Development Act 1993 hampered/limited?
If a landlord fails to serve a section 45 counter notice, but the lease extension is completed, is the landlord’s ability to recover costs under section 60 of the Leasehold Reform, Housing and Urban Development Act 1993 hampered/limited?
Q&As

If a lease is descriptive as to what is included in each demise in most respects, but is silent on whether the loft space is included in the first floor flat (which provides the only access to the loft), is the loft space included in the demise of the first floor flat?
If a lease is descriptive as to what is included in each demise in most respects, but is silent on whether the loft space is included in the first floor flat (which provides the only access to the loft), is the loft space included in the demise of the first floor flat?
Q&As

If a lease provides an obligation on the tenant to provide an authorised guarantee agreement (AGA) on assignment and there is no reasonable element, are there any circumstances in which the tenant can argue that an AGA is not needed because it is unreasonable for the landlord to request one?
If a lease provides an obligation on the tenant to provide an authorised guarantee agreement (AGA) on assignment and there is no reasonable element, are there any circumstances in which the tenant can argue that an AGA is not needed because it is unreasonable for the landlord to request one?
Q&As

If a section 146 notice has been served for unauthorised alterations (once and for all breach), and the tenant carries on with much more extensive works, can the landlord then validly serve a second section 146 notice for those further breaches? Would doing so amount to a waiver, and if so what would be the effect—would the waiver be limited to the breaches complained about in the first section 146 notice only, leaving the landlord able to forfeit for the breaches complained about in the second section 146 notice? Or would the waiver also apply to the breaches complained about in the second section 146 notice? Could and should the first section 146 notice be withdrawn prior to service of the second one?
If a section 146 notice has been served for unauthorised alterations (once and for all breach), and the tenant carries on with much more extensive works, can the landlord then validly serve a second section 146 notice for those further breaches? Would doing so amount to a waiver, and if so what would be the effect—would the waiver be limited to the breaches complained about in the first section 146 notice only, leaving the landlord able to forfeit for the breaches complained about in the second section 146 notice? Or would the waiver also apply to the breaches complained about in the second section 146 notice? Could and should the first section 146 notice be withdrawn prior to service of the second one?
Q&As

If a tenant company pays the rent via a different company would this amount to an unauthorised subletting and does this create a protected tenancy in favour of the other company?
If a tenant company pays the rent via a different company would this amount to an unauthorised subletting and does this create a protected tenancy in favour of the other company?
Q&As

If a vendor sells a commercial property without obtaining an energy performance certificate, what are the consequences and will the failure amount to a breach of contract leading to a claim for damages if it were found that major remedial work was needed to increase the energy performance of the building?
If a vendor sells a commercial property without obtaining an energy performance certificate, what are the consequences and will the failure amount to a breach of contract leading to a claim for damages if it were found that major remedial work was needed to increase the energy performance of the building?
Q&As

If there is a unilateral notice on the landlord's freehold registered title, will this pass on to the leasehold title being carved out of the freehold title?
If there is a unilateral notice on the landlord's freehold registered title, will this pass on to the leasehold title being carved out of the freehold title?
Q&As

In a claim for adverse possession of unregistered land, can occupation by a tenant of the claimant for adverse possession amount to factual possession?
In a claim for adverse possession of unregistered land, can occupation by a tenant of the claimant for adverse possession amount to factual possession?
Q&As

In a mutual exchange between landlords, is there a set timeframe by which the tenants under the secure tenancies have to swap homes before the landlord—landlord permission expires and permission must be sought again?
In a mutual exchange between landlords, is there a set timeframe by which the tenants under the secure tenancies have to swap homes before the landlord—landlord permission expires and permission must be sought again?
Q&As

In a situation involving joint tenants of the legal estate: husband and wife, and one of the parties loses mental capacity, so that an application to the Court of Protection is required, is there any issue appointing the other spouse as deputy? Alternatively by analogy with the problems of joint owners and powers of attorney is there an issue?
In a situation involving joint tenants of the legal estate: husband and wife, and one of the parties loses mental capacity, so that an application to the Court of Protection is required, is there any issue appointing the other spouse as deputy? Alternatively by analogy with the problems of joint owners and powers of attorney is there an issue?
Q&As

In respect of assured shorthold tenancies (AST) granted after 1 October 2015, a section 21 notice cannot be served unless an energy performance certificate (EPC), gas safety certificate and prescribed information has been given, and there have been some non-binding County Court decisions which suggested that it is not possible to rectify a breach relating to the failure to give a gas safety certificate/EPC before the start of the tenancy. What would be the position where a fixed term one-year tenancy was entered into in 2010 and the tenant has since been occupying under a periodic tenancy?
In respect of assured shorthold tenancies (AST) granted after 1 October 2015, a section 21 notice cannot be served unless an energy performance certificate (EPC), gas safety certificate and prescribed information has been given, and there have been some non-binding County Court decisions which suggested that it is not possible to rectify a breach relating to the failure to give a gas safety certificate/EPC before the start of the tenancy. What would be the position where a fixed term one-year tenancy was entered into in 2010 and the tenant has since been occupying under a periodic tenancy?
Q&As

In the sale of a residential property, the contract includes the relevant special condition relating to ‘occupier’s consent’ and the occupier has duly signed the contract. Should the occupier be forced to vacate the property prior to exchange of contracts, or should the buyer’s solicitor rely on the relevant clause in the contract?
In the sale of a residential property, the contract includes the relevant special condition relating to ‘occupier’s consent’ and the occupier has duly signed the contract. Should the occupier be forced to vacate the property prior to exchange of contracts, or should the buyer’s solicitor rely on the relevant clause in the contract?
Q&As

Is a deed of appointment always required when appointing capital out of a discretionary trust?
Is a deed of appointment always required when appointing capital out of a discretionary trust?
Q&As

Is there an implied obligation on the tenant to use appropriately qualified contractors or agents when carrying out repairs under a lease when a notice to repair under a Jervis v Harris clause is served?
Is there an implied obligation on the tenant to use appropriately qualified contractors or agents when carrying out repairs under a lease when a notice to repair under a Jervis v Harris clause is served?
Q&As

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