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XXIV Old Buildings
Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as “a first-rate advocate” in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be “consistently able to provide excellent advice in a charming and friendly style” and is “responsive, hugely supportive and extremely user-friendly”.
A and B are beneficiaries under C's Will. D is the executor. B held power of attorney for C when C was alive. A has concerns over B's use of the power of attorney and whether the power was abused. D as executor will not investigate. Can A sue B directly? What are the executor's duties to investigate potential abuse of a power of attorney and pursue a claim against B to recover any money wrongly used?
Wills & Probate
A building consists of two flats where the freeholder has already granted a long lease of one of the flats and it is intended that on the same date: the freeholder will grant a long lease of the other flat to a second tenant, and the freeholder will gift the freehold to the two tenants (in equal shares). Does the tenants’ right of first refusal under the Landlord and Tenant Act 1987 apply to the gift of the freehold?
A business tenant has occupied two business premises owned by the same landlord for more than six months. A written tenancy at will for one of the properties provides for the tenant to pay a monthly rent and is capable of termination at any time. What notice period needs to be given to terminate and how is it best to recover outstanding rent? The second premises are occupied on an ‘implied’ tenancy at will ie no written agreement exists. Does the tenant have security of tenure?
A buyer is purchasing a registered property from the last surviving joint tenant's personal representatives. There is a JP restriction on the title so the property was held by the two deceased owners as tenants in common and the property is still registered in the names of both of the deceased owners. Can the transfer document be executed by the two executors of the last surviving joint tenant's estate only or does another trustee have to be appointed to sign on behalf of the estate of the first of the two deceased's owners to die?
A buyer wishes to purchase a property with the assistance of mortgage funding. It has been proposed that a declaration of trust is entered into which will provide that 60% of the equity in the property will belong to the buyer’s or borrower's parents and 40% of the equity will belong to the borrower. It is understood that this is a means of avoiding a second charge against the property. The borrower's parents will not be occupying the property. What are the risks for the lender in this type of arrangement?
A charge holder seeks an order for possession over a property, and a third party with the benefit of a charging order seeks an order for sale over the same property, is there any rule/guidance as to which claim takes precedence or whether one of them would be stayed?
A child of a deceased individual is a beneficiary under the intestacy rules. The beneficiary's siblings have frozen them out of all dealings with the estate. What can the siblings be made to disclose in respect of the estate and how can this be achieved?
Wills & Probate
A company (X) takes an assignment of a commercial lease from the outgoing tenant (Y). The contract provides that Y will give vacant possession. Y has not provided a key to the rear access fire door (although it has delivered the other keys to the premises). Can it be said that Y has not given vacant possession or does X have any other remedy?
A consent order provides that legal title to a jointly owned property is to be transferred from A and B to A, but A and B will both remain mortgagors. What procedure should be used to enforce the court order if B refuses to comply with the terms of it?
A couple (A and B) have agreed to separate, sell their jointly owned home, and split the proceeds. A intends to use her share of the sale proceeds to purchase another property simultaneously with the sale of the joint home. Can the same solicitor act for both parties in respect of the sale and just for A for the purchase? Can A and B formalise their agreement as to sale proceeds immediately by entering into a declaration of trust?
A farm cottage conveyed for residential purposes off from the original farm has the benefit of a right of way for all purposes over the footpath (access road) on the adjoining farm to access the cottage. The owner of the farm is under obligation to maintain the road but claims that it is only required to do so to ‘agricultural standard’ and not to a higher standard sufficient to enable normal vehicle use. Is there any authority on what the standard of repair should be?
A is granting a right of way to B, the proprietor of some neighbouring land. That land is subject to a lease to C. Will C automatically benefit from the new right to be granted to B or should they be made a party to the deed?
A Landlord and Tenant Act 1954 protected lease requires an outgoing tenant to enter into an authorised guarantee agreement (AGA) to cover the period during which the assignee is bound by the tenant covenants. In such a case, does the AGA cover the continuation tenancy if the assignee holds over?
A landlord of commercial premises has obtained an order for possession, plus a money judgment for rent and costs. After the hearing and one day before date of possession the tenant pays the judgment. The tenant seeking to rely on section 55 of the Administration of Justice Act 1985 claims that the tenancy is ongoing because it has paid the rent up to date. Is the lease ongoing, or does the tenant have to make application for relief from forfeiture?
A lease was granted of a flat and garage. The flat only was transferred by way of TP1 to a third party and so the flat and garage now have separate leasehold titles under the original lease. The landlord and tenant now wish to vary the lease so far as it relates to the garage. Can this be done by a simple deed of variation (providing that no terms are varied which would act as a surrender and re-grant)? Or can this not be done given that the leasehold interest is now covered by two separate titles?
A party has served a Notice of Acceptance pursuant to the Landlord and Tenant Act 1987 and now needs to notify the Landlord of the Nominated Purchaser—is there a prescribed form for doing so or particular wording required?
A party wishes to extend a lease under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 has owned the property for four years, but has recently (less than two years ago) bought out a former co-owner’s interest in the property and added his current wife to the title as joint tenant. Does this affect his statutory right as a qualifying tenant and would he and his new wife need to wait for a further two years to expire for their joint ownership to qualify?
A person has died intestate and the sole asset is a potential medical negligence claim following death. The deceased's mother, who lives abroad, is entitled to apply for letters of administration but has renounced her entitlement. Can the sister of the deceased, who lives in the UK, apply for letters of administration and make a claim as a beneficiary and would she need to apply as an attorney?
A property is owned by four co-owners as tenants in common (husband, wife and their two sons). The wife died in 2008, leaving her estate to her husband. The husband died in 2010, leaving his entire estate to the two sons. A grant of probate has not been obtained. In order to remove the deceased parents from the title register, does a grant of probate need to now be obtained and, if so, is there a time limit for applying for the grant?
Wills & Probate
A property is subject to restrictive covenants prohibiting building residential property and causing nuisance. Will building an extension to a residential property (which was erected prior to the covenants) breach one or both restrictive covenants?
Wills & Probate
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