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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 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 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 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 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 landlord served a section 25 notice relying on ground (f) only, but subsequently offers the tenant alternative accommodation. Does the landlord still need to pay statutory compensation?
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 was acquired by the current owner in 1962. There appears to be a private water supply and the pipes run from a publicly maintained road over a number of titles to the property but the property does not have the benefit of any formal rights over those titles. Could one claim rights by prescription?
A registered title contains a note stating that a perpetual yearly rentcharge created in 1882 has been ‘informally exonerated’ by a 1945 conveyance. The 1945 conveyance transferred the land subject to covenants ‘except for the covenant to pay the...1882 yearly rent’, and created a newer rent charge that is noted on the title and was demanded and paid until c.1990. Is the 1882 rentcharge still capable of being demanded and binding on the current owner?
A residential property has an art studio physically connected to it from which A has conducted a business for 30 years. A originally occupied the residence but then moved away still operating the studio. A has now moved back into the residence. No rent is paid for either the residential use of the house nor the business use of the premises. Does A have a business tenancy of the house and the studio? Even if A historically had security of tenure of the house in conjunction with the studio, can it be said that this was surrendered when A moved out of the residence?
A single sublessee of a block of eight flats claims a 90-year extension under the Leasehold Reform, Housing and Urban Development Act 1993. The lease is made by the freeholder as the competent landlord but there is an intermediate lease currently with about 60 years remaining. When that intermediate lease is automatically extended under the Act (and therefore has over 90 years remaining) is it correct to state that the intermediate lessor becomes the competent landlord for any future claim to an extension under the Act?
A surviving spouse is left an interest in possession in half of the matrimonial home in the Will of the deceased spouse. The Will contains a provision such that if the property is sold in the surviving spouse’s lifetime, the proceeds pass down to children. If this occurs prior to the surviving spouse going into care, could this be deemed to be a gift made by the surviving spouse for the purpose of deliberately depriving themselves of assets under the Care Act 2014?
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