Carl Fain

This Q&A considers whether a tenant is entitled to be reimbursed for rent paid in advance.

This Q&A considers whether it should be the occupying tenant or the landlord who makes the application for registration of an unregistered land currently outside of their demise.

This Q&A looks at whether the grant of a renewal lease will automatically end a previous lease between the same landlord and tenant.

This Q&A considers if an LTA (1954 protected lease can be surrendered without the landlord needing to serve a section 25 notice

This Q&A considers how to replace a pipe on a neighbour’s land where there is no express right to do so.

This Q&A considers whether a freeholder of servient land can defend a claim for a prescriptive easement on the basis that they have never been in a position to object to the use.

This Q&A considers whether an underlease will be invalidated if a superior lease has been surrendered.

This Q&A considers the effect of the principle of unity of seisin in relation to easements.

This Q&A considers the restrictions, requirements and other provisions with regards to the type of company that the tenants can incorporate to exercise a right of first refusal pursuant to Part I of the Landlord and Tenant Act 1987.

This Q&A considers whether a deed of surrender can be conditional on obligations that extend beyond the date on which the deed of surrender will be completed.

This Q&A considers whether a failure to provide a gas safety certificate at the start of an AST can be cured by granting a new fixed term and providing a certificate at that stage.

This Q&A considers whether a landlord is able to oppose the grant of a lease renewal with regard to section 30 of the Landlord and Tenant Act 1954.

This Q&A considers whether a landlord can serve a notice under HA 1988, s 21 if there is no carbon monoxide alarm in the property.

This Q&A considers whether a 'contracted out' lease can be amended with a deed of variation and whether it is necessary to follow the statutory contracting out process.

This Q&A considers whether a letter agreeing to extend the statutory deadline pursuant to section 29B(1) of the Landlord and Tenant Act 1954 can be signed by one agent acting on behalf of two joint landlords.

This Q&A looks at whether a property which is a free-standing house, but is described in the lease as a flat, qualifies for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A looks at whether a section 42 notice seeking a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993 will be invalidated by a failure to specify a date for service of a counter-notice at least two months after service of the notice.

This Q&A considers whether a tenant who believed a garage was part of their demise and used it as such for over 30 years can claim adverse possession after finding out subsequently they have no right to it under the lease.

This Q&A looks at whether there can be an implied surrender where the tenant has returned the keys to the landlord, but has not otherwise communicated with the landlord.

This Q&A considers whether a landlord, who has been served with an improvement notice under section 11 of the Housing Act 2004, can obtain an order requiring tenants to temporarily vacate the property to carry out remedial works.