Carl Fain

This Q&A considers whether a separate lease of a car park considered a ‘dwelling’ for the purposes of section 38 of the Landlord and Tenant Act 1985, and if the a service charge claim can be dealt with in the First-tier Tribunal.

This Q&A considers whether CRAR under the Tribunals, Courts and Enforcement Act 2007 is not enforceable against the Crown.

This Q&A considers whether an agreement (on the grant of a lease) can be made to substitute the compensation provisions in the Landlord and Tenant Act 1954 with terms that determine the sum payable in a manner agreed (at grant) between the parties.

This Q&A considers whether it is possible to grant an express easement for a term of years absolute subject to termination provisions.

This Q&A discusses whether a claimant can make a single application under CPR 31.17 for a pre-action disclosure against two parties.

This Q&A considers the power to order rectification of a registry as defined in LRA 2002, Sch 4.

This Q&A considers whether ASTs in England are required to have heating in every room.

This Q&A considers which party should benefit from a rent arrears payment pursuant to section 23(1) of the Landlord and Tenant (Covenants) Act 1995.

This Q&A considers how to serve an acceptance notice under section 6 of Landlord and Tenant Act 1987.

This Q&A considers whether a right to manage company has to be a party to a deed or whether it should just be the landlord, tenant and original management company where there is a three party lease, the right to manage has not been exercised, the landlord and tenant have agreed to amend the ground rent provisions and are going to do this by a deed of variation.

This Q&A considers how a tenant can best document that they have vacated the premises on a ‘without prejudice’ basis subject to the landlord not charging rent pending vacation and also considers how it will impact the landlord’s ability to gain possession in any court proceedings.

This Q&A considers the extent to which a buyer can rely on searches provided by the seller in a commercial property sale.

This Q&A considers whether the consent of the beneficiary of a ‘no disposition’ restriction is required in relation to a mutual deed of release of easement.

This Q&A considers under what circumstances tenants can enforce a landlord's obligations when they are subject to payment of service charges, and whether a claim can be brought against another lessee for failure to pay their contribution.

This Q&A considers the circumstances which will result in a 12-month bar on a tenant re-serving a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A considers the implications of failing to give tenants notice of a change in landlord under the Landlord and Tenant Act 1985 and the Landlord and Tenant Act 1987.

This Q&A considers the prescribed form for a section 21 notice under the DA 2015. It is assumed that the property is situated in England and it is not a HMO.

This Q&A considers what to do with a statutory deposit held as stakeholder pursuant to the Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993, SI 1993/2407, Sch 2, para 2 when your landlord client disinstructs you.

This Q&A considers what constitutes ‘substantial works’ under Ground 6 of section 8 possession proceedings.

This Q&A considers what happens when a tenant fails to respond by the deadline of a section 25 notice with proposed terms for a new lease.