Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?When...

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?The Party Wall etc Act 1996 (PWA...

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge...

Legal Guidance

Q&As

If an application for a new lease under the Landlord and Tenant Act 1954 is sent to the court before the expiry of the section 25 notice but not issued before the expiry, is the claim still valid?

If an application for a new lease under the Landlord and Tenant Act 1954 is sent to the court before the expiry of the section 25 notice but not...
Produced in partnership with Kate Andrews of Hamlins 2nd May
Q&As

In an assured shorthold tenancy the term is defined as 12 months but ‘subject to’ a separate paragraph, which states that the landlord may at any time after the first four months of the term, serve a section 21 notice. Is this likely to be enforceable?

In an assured shorthold tenancy the term is defined as 12 months but ‘subject to’ a separate paragraph, which states that the landlord may at any time...
2nd May
Q&As

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of...
Produced in partnership with James Tunley of Lamb Chambers 1st May
tag iconCOVID-19
Q&As

In the context of the Leasehold Reform, Housing and Urban Development Act 1993 and the Landlord and Tenant Act 1987, where there are two flats in a building does the definition of qualifying tenants require there to be two separate leases or can one long residential lease covering both flats suffice for the purposes of collective enfranchisement or the right of first refusal?

In the context of the Leasehold Reform, Housing and Urban Development Act 1993 and the Landlord and Tenant Act 1987, where there are two flats in a...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Apr
Q&As

How under the Trusts of Land and Appointment of Trustees Act 1996 are joint properties treated if unmatched contributions have been made in respect to a property in joint names? Will the unmatched contributions be reflected in the parties beneficial interest?

How under the Trusts of Land and Appointment of Trustees Act 1996 are joint properties treated if unmatched contributions have been made in respect to...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Apr
Q&As

Where Heads of Terms (HoTs) were agreed but no formal lease was executed and the tenant has been in occupation, can the landlord serve a section 25 notice to terminate any implied agreement? Are they bound by the termination provisions in the HoTs?

Where Heads of Terms (HoTs) were agreed but no formal lease was executed and the tenant has been in occupation, can the landlord serve a section 25...
Produced in partnership with Katherine Traynor of Landmark Chambers 17th Apr
Q&As

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard?

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Apr
tag iconCOVID-19
Q&As

Under section 1(1) of the Housing Act 1988, an assured tenancy can only apply where a tenant occupies the property as their only or principal home. Can a tenancy of property in England granted to a foreign national who is not occupying as their only/principal home be an assured tenancy? Can the status change during the term of the tenancy, for instance if the tenant moves into the property?

Under section 1(1) of the Housing Act 1988, an assured tenancy can only apply where a tenant occupies the property as their only or principal home....
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Apr
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...
Produced in partnership with Helen Galley of XXIV Old Buildings 16th Apr
Q&As

How does a rental guarantee agreement work in a residential development context and is it appropriate for a developer to use the promise of a guaranteed yield as an incentive in their market campaign?

How does a rental guarantee agreement work in a residential development context and is it appropriate for a developer to use the promise of a...
15th Apr
Q&As

Does Foxtons v Pelkey Bicknell [2008] EWCA Civ 419 only apply where there is a sole selling agent claiming commission under sales invoices?

Does Foxtons v Pelkey Bicknell [2008] EWCA Civ 419 only apply where there is a sole selling agent claiming commission under sales invoices? In the...
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 15th Apr
Q&As

For an assured shorthold tenancy granted after 1 October 2015, where the landlord failed to serve the 'how to rent' guide, an Energy Performance Certificate or gas safety certificate, and the tenant has not breached any covenants, how can the landlord seek possession?

For an assured shorthold tenancy granted after 1 October 2015, where the landlord failed to serve the 'how to rent' guide, an Energy Performance...
Produced in partnership with 14th Apr
Q&As

If a landlord rents out a property which has oil heating (rather than gas), is there the same legal obligation to provide a safety certificate? The boiler runs off oil rather than gas. If the tenant refuses to supply the oil (which they are required to do under their tenancy agreement) then the boiler cannot be tested. Is this a satisfactory excuse for the landlord to give if possession proceedings are subsequently issued?

If a landlord rents out a property which has oil heating (rather than gas), is there the same legal obligation to provide a safety certificate? The...
14th Apr
Q&As

A landlord suspects that a living room containing a gas appliance (a gas fire) is now being used as a bedroom by the tenants. Is this allowed, and what steps must be taken in line with landlords’ duties to ascertain if this is the case and/or rectify?

A landlord suspects that a living room containing a gas appliance (a gas fire) is now being used as a bedroom by the tenants. Is this allowed, and...
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 14th Apr
Q&As

If a landlord of an assured shorthold tenancy is unable to gain entry to a property to complete a gas safety service and is seeking an injunction for access, should they issue a Part 7 claim or a Part 8 claim?

If a landlord of an assured shorthold tenancy is unable to gain entry to a property to complete a gas safety service and is seeking an injunction for...
14th Apr
Q&As

A tenant occupies a flat on an AST. There is no gas appliance in the flat but there is a communal boiler housed in the common parts of the building. This heats the water supplied to the property. If the landlord wishes to serve a section 21 notice on the tenant, what are the landlord’s obligations regarding provision of gas safety certificates to the tenant?

A tenant occupies a flat on an AST. There is no gas appliance in the flat but there is a communal boiler housed in the common parts of the building....
14th Apr
Q&As

Does a landlord issuing CPR Part 55 proceedings for possession under section 8 of the Housing Act 1988 need to prove they have provided an energy performance certificate (EPC) and gas safety certificate, complied with ‘right to rent’ checks (Immigration Act 2014), and provide smoke and carbon monoxide alarms?

Does a landlord issuing CPR Part 55 proceedings for possession under section 8 of the Housing Act 1988 need to prove they have provided an energy...
14th Apr
Q&As

If a property let on an assured shorthold tenancy is deemed uninhabitable due to an electrical risk, is there any means of forcing the tenant to vacate whilse works are being done to remedy the issues?

If a property let on an assured shorthold tenancy is deemed uninhabitable due to an electrical risk, is there any means of forcing the tenant to...
14th Apr
Q&As

Other than landlord being prevented from serving an s 21 notice, what are the consequences of the landlord not serving the tenants with EPC, gas safety certificate and how to rent checklist?

Other than landlord being prevented from serving an s 21 notice, what are the consequences of the landlord not serving the tenants with EPC, gas...
14th Apr
Q&As

Is a local authority permitted to force entry into their property which has been let on a secure tenancy to do a gas compliance check? In this case, the tenant has absconded and is living abroad, without giving any formal notice to surrender the tenancy. A possession order has been applied for. Does a warrant need to applied for in this instance or what, if any, other procedure needs to be enacted?

Is a local authority permitted to force entry into their property which has been let on a secure tenancy to do a gas compliance check? In this case,...
14th Apr

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