Carl Fain

This Q&A considers who can object to an application for adverse possession of land.

This Q&A considers whether a charging order can be obtained on the leasehold of commercial premises.

This Q&A considers whether implied covenants under a full title guarantee in LP(MP)A 1994, s 2 apply to a grant of a lease.

This Q&A looks as whether a declaration of trust in respect of a joint tenancy of land must be made by deed.

This Q&A considers a situation whereby with a freehold building, for example, there is a retail shop at ground floor level and two residential flats immediately above and both flats are let on long leases to tenants who are qualifying tenants for the purposes of receipt of a section 5 notice under the Landlord and Tenant Act 1987. This Q&A considers whether, if the landlord wishes to sell the building, the obligations for service of a section 5 notice would be satisfied by service of such notice on only one of the long leasehold qualifying tenants given that one has to serve notice on no less than 90 % of the qualifying tenants.

This Q&A discusses whether a solicitor needs written express authority from their client in order to sign a valid section 42 notice for a lease extension.

This Q&A looks at whether liability for repair can be imposed on a superior landlord in the absence of express obligations.

This Q&A considers whether an assured shorthold tenancy has to be for a minimum term of six months.

This Q&A considers whether the 18-month limitation period under section 20B of the Landlord and Tenant Act 1985 applies to insurance charges if they are reserved as rent in a residential long lease.

This Q&A looks at whether a tenant retains any security of tenure after an assured tenancy ceases to be assured, and becomes a common law tenancy.

This Q&A considers whether, for the purposes of opposing renewal of a lease under section 30(1)(g) of the Landlord and Tenant Act 1954, it is sufficient if the landlord intends to occupy the premises through a company that they own and control, or if the landlord must intend to occupy personally.

This Q&A examines Whether a lease can still exist where the tenant can only access the property with the landlord's permission at certain times and for specific purposes.

This Q&A considers the differences between a licence to occupy and a tenancy at Will pending completion of a lease.

This Q&A considers how a landlord can provide an energy performance certificates to an uncooperative tenant.

This Q&A considers whether a business tenancy, which is to be excluded from security of tenure, can include a break clause which, if exercised, could result in the tenancy terminating in the first six months of the term.

This Q&A considers requirements to pay rent, market rent and peppercorn rent.

This Q&A considers whether costs of a loan or interest can be passed from the landlord to the tenant in a dilapidations claim.

This Q&A considers the notice requirements of an LTA 1954, s 25 notice to terminate a monthly periodic tenancy.

This Q&A looks at the principles for determining whether consent to a change of use has been unreasonably withheld.

This Q&A considers whether a registered lease that has been surrendered by operation of law should be removed from the landlord's title at HM Land Registry before a new lease is granted to a third party.