LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us

XXIV Old Buildings

Experts

5

Filter by: Practice area
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

Is there any case law or commentary which considers the scope and meaning of 'for domestic and light agricultural purposes' in the context of the use of a right of way?
Is there any case law or commentary which considers the scope and meaning of 'for domestic and light agricultural purposes' in the context of the use of a right of way?
Q&As

Is there anything that legally requires residential leaseholders in a block of flats to allow other leaseholders or their tenants access to the building if they have lost or forgotten their keys to the communal door?
Is there anything that legally requires residential leaseholders in a block of flats to allow other leaseholders or their tenants access to the building if they have lost or forgotten their keys to the communal door?
Q&As

Is there guidance on the limitation date for a claim in respect of a new build property with defects, eg, would time run from the date of exchange or completion?
Is there guidance on the limitation date for a claim in respect of a new build property with defects, eg, would time run from the date of exchange or completion?
Q&As

On a lease extension under Leasehold Reform, Housing and Urban Development Act 1993, what are the landlord’s obligations to notify the tenant of its right to a new lease and what terms are compulsory for term and rent? What remedy does the tenant have if the landlord misrepresents to the tenant the tenant’s statutory rights?
On a lease extension under Leasehold Reform, Housing and Urban Development Act 1993, what are the landlord’s obligations to notify the tenant of its right to a new lease and what terms are compulsory for term and rent? What remedy does the tenant have if the landlord misrepresents to the tenant the tenant’s statutory rights?
Q&As

Property is held on a Will trust. A beneficiary was given a life interest and on death the capital goes to their children. This interest is held subject to the repayment of a loan. Can trustees sell the property without their consent?
Property is held on a Will trust. A beneficiary was given a life interest and on death the capital goes to their children. This interest is held subject to the repayment of a loan. Can trustees sell the property without their consent?
Q&As

Registered land is held by two people as tenants in common in equal shares. One tenant in common has died and a grant of probate has been issued to their estate. Form DJP (deceased joint proprietor) will remove the deceased’s name but can the executor’s name be added instead? The co-operation of the surviving tenant in common will not be forthcoming for any application.
Registered land is held by two people as tenants in common in equal shares. One tenant in common has died and a grant of probate has been issued to their estate. Form DJP (deceased joint proprietor) will remove the deceased’s name but can the executor’s name be added instead? The co-operation of the surviving tenant in common will not be forthcoming for any application.
Q&As

Residential flat leases provide for the cost of internal and external decoration to be paid from a contingency fund. The tenants pay towards the contingency fund as well as making annual service charge payments. Should the landlord recover the decoration costs from the service charge instead of the contingency fund, as the cost of decoration is not an item of capital expenditure?
Residential flat leases provide for the cost of internal and external decoration to be paid from a contingency fund. The tenants pay towards the contingency fund as well as making annual service charge payments. Should the landlord recover the decoration costs from the service charge instead of the contingency fund, as the cost of decoration is not an item of capital expenditure?
Q&As

Should a landlord serve notice under section 5 of the Landlord and Tenant Act 1987 in respect of a property comprising a lease of each room (which incorporates an en suite bathroom), but where the tenants share a kitchen area?
Should a landlord serve notice under section 5 of the Landlord and Tenant Act 1987 in respect of a property comprising a lease of each room (which incorporates an en suite bathroom), but where the tenants share a kitchen area?
Q&As

The deceased had two daughters, one legitimate and one adopted. The deceased was estranged from her adopted daughter and left everything to her other daughter (and that daughter’s children) in her Will. Since making the Will, the deceased enjoyed a good relationship with the child of her estranged daughter. Does this grandchild have any standing to bring a claim against the deceased’s estate? The deceased was not supporting anybody financially during her lifetime.
The deceased had two daughters, one legitimate and one adopted. The deceased was estranged from her adopted daughter and left everything to her other daughter (and that daughter’s children) in her Will. Since making the Will, the deceased enjoyed a good relationship with the child of her estranged daughter. Does this grandchild have any standing to bring a claim against the deceased’s estate? The deceased was not supporting anybody financially during her lifetime.
Q&As

The landlord of a suite of offices plans to replace the air-conditioning units. The leases oblige the tenants to make on account service charge payments on the usual rent payment dates. Can the landlord require on account payments in respect of the air-conditioning works or must it incur the cost itself and seek reimbursement at the end of the service charge year? Is the landlord obliged to warn the tenants that there will be a shortfall between the on-account payments and the reconciled sum?
The landlord of a suite of offices plans to replace the air-conditioning units. The leases oblige the tenants to make on account service charge payments on the usual rent payment dates. Can the landlord require on account payments in respect of the air-conditioning works or must it incur the cost itself and seek reimbursement at the end of the service charge year? Is the landlord obliged to warn the tenants that there will be a shortfall between the on-account payments and the reconciled sum?
Q&As

The memorandum and articles of a management company state that a special resolution is required to manage a development. No such resolutions have been made. Can the management company demand and recover service charges?
The memorandum and articles of a management company state that a special resolution is required to manage a development. No such resolutions have been made. Can the management company demand and recover service charges?
Q&As

Under the terms of a Will trust, B has the right to occupy a property and B is responsible for repairing and maintaining it. B is causing willful damage to the property, which is making it unsafe. What remedies are there against B in this situation? Eg can the right to occupy be terminated?
Under the terms of a Will trust, B has the right to occupy a property and B is responsible for repairing and maintaining it. B is causing willful damage to the property, which is making it unsafe. What remedies are there against B in this situation? Eg can the right to occupy be terminated?
Q&As

We require a restriction on the freehold title to be amended (it does not match the wording in the original transfer agreeing and declaring its existence in any event). The freeholder has agreed to amending it. Is there an alternative way of changing the restriction without needing to enter into a deed of variation?
We require a restriction on the freehold title to be amended (it does not match the wording in the original transfer agreeing and declaring its existence in any event). The freeholder has agreed to amending it. Is there an alternative way of changing the restriction without needing to enter into a deed of variation?
Q&As

What are the considerations for a buyer of a site, and its mortgagee, where the water supply is provided by the owners of the estate of which the property once formed part (there is no mains supply within several kilometres)?
What are the considerations for a buyer of a site, and its mortgagee, where the water supply is provided by the owners of the estate of which the property once formed part (there is no mains supply within several kilometres)?
Q&As

What are the implications if an original party (the buyer) to an option agreement conditional upon planning obtains the planning permission, and in the time between obtaining the planning and exercising the option, assigns the benefit of the option to another buyer for an option fee that is equivalent to the uplift on the land due to it having the benefit of the planning?
What are the implications if an original party (the buyer) to an option agreement conditional upon planning obtains the planning permission, and in the time between obtaining the planning and exercising the option, assigns the benefit of the option to another buyer for an option fee that is equivalent to the uplift on the land due to it having the benefit of the planning?
Q&As

What clauses to be included in the new lease would be considered reasonable modifications under section 57 of Leasehold Reform, Housing and Urban Development Act 1993?
What clauses to be included in the new lease would be considered reasonable modifications under section 57 of Leasehold Reform, Housing and Urban Development Act 1993?
Q&As

What is the legal position if a commercial tenant abandons the property? Can the landlord enter the premises and take possession forthwith?
What is the legal position if a commercial tenant abandons the property? Can the landlord enter the premises and take possession forthwith?
Q&As

What is the liability of beneficiaries and/or executors who falsely claim to a creditor that there is no estate but distribute it without settling the debt?
What is the liability of beneficiaries and/or executors who falsely claim to a creditor that there is no estate but distribute it without settling the debt?
Q&As

What is the position as to the demise/legal ownership of a building on renewal of a lease of bare land where the tenant subsequently erected a building at its own cost with landlord’s consent though this was not documented?
What is the position as to the demise/legal ownership of a building on renewal of a lease of bare land where the tenant subsequently erected a building at its own cost with landlord’s consent though this was not documented?
Q&As

What is the position in relation to covenants in a lease by a leaseholder to a management company that has been dissolved, eg a covenant not to transfer the flat without resigning membership of the management company or without the new owner becoming a member of the management company. Are these covenants still valid or are they discharged as a result of the dissolution? If they remain valid, how can the leaseholder proceed with the sale?
What is the position in relation to covenants in a lease by a leaseholder to a management company that has been dissolved, eg a covenant not to transfer the flat without resigning membership of the management company or without the new owner becoming a member of the management company. Are these covenants still valid or are they discharged as a result of the dissolution? If they remain valid, how can the leaseholder proceed with the sale?
Q&As

First 5 6 7 Last

If you expected to see yourself on this page, click here.