Kate Andrews

This is a precedent letter of instruction to a rights of light surveyor where a client is considering undertaking a proposed development and needs expert advice as to whether that development is likely to result in actionable interference with any rights of light enjoyed by neighbouring properties. In addition to providing guidance on the form and contents of, including documents to enclose with, the letter instructing the expert, it also covers important issues including the conflicts of interest, the expert’s fees, privilege and confidentiality.

This Q&A considers whether a farmer, who has been granted a right of way over a neighbour’s field, can ask the owner of the field to repair the access way or contribute towards its maintenance.

This Q&A looks at the situation where a freeholder has demanded money from a tenant to extend a lease, but has extended the lease of other tenants at nil premium.

This Q&A considers the various ways for a landlord to end a tenancy which is protected by the Landlord and Tenant Act 1954.

This Q&A considers whether the court has the power to suspend a warrant where a tenant defaults on the repayment of arrears agreed with their landlord in order to suspend a warrant for possession obtained.

This Q&A considers whether a landlord must comply with the right to rent checks introduced by the Immigration Act 2014 when granting a single lease to an EEA citizen.

This Q&A deals with the remedies available to a landlord where, following a section 146 notice, the tenant does not allow access for inspection to take place and, further, if the costs associated with the notice are not paid.

This Q&A considers what constitutes storey extension of a property.

This Q&A looks at whether a landlord who has failed to register the tenant’s deposit, but wants to serve a section 21 notice, can grant a new AST of the property, return the old deposit and seek a new deposit (assuming the tenant will agree to this) which they will then properly register. It also considers whether the tenant in this situation is able to argue that the ‘new’ deposit is actually the old one so that the default stands and the landlord cannot serve a s 21 notice under the new AST—in other words, whether the landlord can ‘wipe out’ the non-compliance this way by starting again with a new tenancy. This Q&A also looks at whether the position is different if the landlord does not charge a deposit under the new AST.

This Q&A considers the scenario where a tenant has carried out alterations without the landlord’s consent and seeks to obtain retrospective consent.

This Q&A looks at whether a landlord can serve a schedule of dilapidations in connection with the tenant’s former lease.

This Q&A considers if a tenant letting a property on a one-year contract to a company who would then sublet to short term tenants would be in breach of a lease covenant prohibiting use other than as a private residence.

This Q&A looks at the correct notice for a landlord who wants to recover possession to serve where he is unsure whether an AST is a fixed term AST or a contractual periodic monthly assured shorthold tenancy.

This Q&A considers whether an undertenant can force the landlord to grant/consent to a new underlease even though the tenant’s lease contains a break clause—exercisable before expiry of the term of the new underlease.

This Q&A considers apart from enforcing a charging order, when you can apply for an order for sale of property.

This Q&A considers a situation where a landlord serves a terminal schedule of dilapidations at the end of a term and the value of damages is to be assessed.

This Q&A looks at the scope of the Allotments Act of 1922, 1925 and 1950.

This Q&A looks into the common law residential tenancy agreement.

This Q&A considers issues in the context of a sale and purchase transaction to which the Standard Conditions of Sale or Standard Commercial Property Conditions apply and whether a deposit can be released where held by unresponsive or obstructive solicitors.

This Q&A will consider whether a landlord can insist on a contribution of costs of repair work.