Carl Fain

This Q&A considers whether the Protection from Eviction Act 1977 applies to a licensee who did not leave after being allowed to stay at a property by a family member as a gesture of goodwill.

This Q&A considers the enforcement of a positive covenant to maintain communal areas.

This Q&A looks at the options for a landlord when an assured shorthold tenancy is ending and the tenant wishes to stay for a short period but the landlord will wish to retain the ability to seek possession when required.

This Q&A considers the whether the landlord is prohibited from pursuing forfeiture action against the leaseholder if there are arrears where a service charge demand is not accompanied by a Summary of Rights and Obligations (under the Landlord and Tenant Act 1985) and the leaseholder withholds payment.

This Q&A deals with the consequences of a successful application by a squatter for adverse possession of registered leasehold land.

This Q&A looks at whether a landlord is entitled to remove a sub-tenant following an unlawful subletting.

This Q&A considers whether a formal assignment of an AST is required in order for a subsequent landlord to serve a valid section 21 notice and issue possession proceedings.

This Q&A considers the situation of a head lessee of one of a total of four blocks of flats comprising an estate successfully applying for the RTM and whether the current estate service charge would be limited to just the common parts in respect of that block.

This Q&A looks at protecting beneficial interests in property.

This Q&A looks at whether a landlord who can no longer rely on ground 8 in a section 8 notice, because the tenant has paid the arrears, can instead rely on grounds 10 or 11 and issue proceedings within the original notice period.

This Q&A considers if joint tenants in a block comprising two flats that they own have the right to collectively enfranchise under the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A looks at how the two-year qualifying period for a lease extension applies when there has been a transfer between group companies.

This Q&A looks at the level of detail to be provided in a landlord's defence to a tenant's claim for a new lease under the Landlord and Tenant Act 1954.

This Q&A considers who is responsible for ensuring compliance with laws relating to residential tenancies in a mixed use scheme.

This Q&A looks at whether a request under section 26 of the Landlord an Tenant Act 1954 should be made in the name of the legal or beneficial owner.

This Q&A looks at the courts' approach to pandemic rent suspension clauses in renewals under the Landlord and Tenant Act 1954.

This Q&A considers how the court determines the rent payable under a renewal tenancy pursuant to LTA 1954, s 34.

This Q&A considers the effect on completion if a newbuild property is destroyed where the sale contract incorporates the standard conditions of sale with modification so that the property is at the seller's risk up and until completion. The contract also provides that where the seller has issued a certificate of practical completion and the property is destroyed, insurance proceeds will be paid to the buyer.

This Q&A considers whether a demand under CLRA 2002, s 166 would be valid if the landlord serves a single demand encompassing several periods of ground rent.

This Q&A considers whether a lease with an express right to redevelop implies a right to erect scaffolding.