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New Square Chambers
Advice and representation in all areas of commercial and chancery litigation.
Instructed on behalf of both retail and investment banks [including BNY Mellon; HSBC; Royal Bank of Scotland] in relation to a variety of commercial issues.
Retained in relation to a wide range of international disputes; including disputes in the Bahamas; Isle of Man; BVI and Kuwait.
A buyer is purchasing part of the title to a property under a possession order from a company. The title to the property has not been transferred into the company’s name. Should this have been done? What protections should be put in place? The buyer’s solicitor also acts for the lender.
A client has obtained an order for sale against a property, possession has been obtained and the property is now on the market. Is there any legal reason preventing the client from purchasing the property if they offer the highest price for the property and the property has been listed on the open market?
A has parked on B’s land as of right for over 20 years. B then consents to continued use. Does this prevent a claim under the Prescription Act? If so, could A succeed under the doctrine of lost modern grant?
A landlord entered into a lease of commercial premises with a tenant company and an individual guarantor and accepted rent for a number of years. The lease includes an express forfeiture clause. The landlord then discovers that the tenant company did not exist at the time the lease was granted. The rent was being paid by the guarantor who is running a business at the premises. Arguably, an implied periodic tenancy arose with the guarantor and the terms of the tenancy are set out in the lease. Is the fact that the lease contains the express forfeiture clause likely to be sufficient for the landlord to forfeit by peaceable re-entry?
A landlord proposes to grant a lease but does not intend to appoint a solicitor. The landlord has asked that the tenant’s solicitor drafts the lease. Are there any problems with this approach from the tenant’s perspective?
A landowner granted an oral tenancy of some agricultural land in 1988. Sometime later, the tenant started to pay the rent in the name of his partnership. The landlord accepted the rents from the partnership. However, the landlord has never given formal consent to an assignment. Is there a risk that the tenancy could have been impliedly assigned to the partnership?
A lease provides that the term expires on a specific date. At what time on that day will the tenant be required to give vacant possession to the landlord? Can the landlord demand vacant possession by 5pm on that day or does the tenant have a right of occupation until midnight on that day?
A money judgment has been obtained. A British Virgin Islands company owns a property which is about to be sold. The judgment debtor is putatively a shareholder of the company registered as proprietor. There is a restriction on the property. Can it be said that the client is therefore an incumbrancer for the purposes of section 105 of the Law of Property Act 1925?
A property is registered in the sole name of one cohabitant party (A) and the other cohabitant party (B) asserts that they have a beneficial interest. Both parties have vacated (B with the parties' child) and A is renting the property out. Does B have a claim in respect of any rental profit received?
A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in the event of default. Can the landlord elect to forfeit and then use the rent deposit to settle rent arrears after forfeiture?
A residential lease specifies the tenant's service charge contribution of the total expenditure at 25% but the lease permits the landlord to vary the percentage contribution (subject to a reasonableness caveat). If the landlord increases the percentage, can he retrospectively apply the increased percentage and recover the balance from the tenant in respect of previous service charge demands?
A section 21 notice is only valid for six months. How long is a section 8 notice valid for?
A tenant has served one month’s notice to end a statutory periodic tenancy continuing after the end of a fixed term AST. The rent is paid monthly. The original AST contained a mutual break clause requiring two months' notice to expire at the end of a rental period. Does this provision override the common law position such that the tenant must give two months’ notice or is only one month’s notice necessary?
A tenant has stayed in occupation for five years after the expiry of the term of an excluded lease. He pays rent monthly. he now wants to vacate—what period of notice should he give? From the practice notes, it is likely to be a periodic tenancy with the protection of the Landlord and Tenant Act 1954 (LTA 1954). As the original lease was for a term of five years paying a monthly sum, it is likely to be a monthly periodic tenancy so one month's notice would have to be given. How does the tenant bring the lease to an end under LTA 1954? He does not want to renew so section 26 notice is not applicable and LTA 1954, s 27 notice cannot be used for a periodic tenancy.
An assured shorthold tenancy (AST) was granted for a fixed term of six months and is now a statutory periodic tenancy: can a section 21 notice be served if a failure to serve an EPC certificate and gas safety certificate is corrected (we are aware that a failure to serve the prescribed information can be rectified and a section 21 notice then validly served); where the tenant pays part of the rent and the rest is paid by social security, can the landlord serve a section 8 notice where only the part paid by the tenant is in arrears for two months?; is the landlord restricted from obtaining possession where he has failed to notify his mortgage lender that he has let out the property?
Are there any disguised remuneration consequences of leaving shares to an employee under a Will?
Can a commercial landlord enter and remove its fixtures where the tenant has not complied with it obligation to maintain them? Are there any risks?
Can a person be a first-time buyer for the purposes of stamp duty land tax (SDLT) relief where, by Will, they were left a share of residue of an estate which included a property which is sold by the personal representatives (PRs) so that the person receives money only from the estate?
Can a qualifying lease be extended more than once under the Leasehold Reform, Housing and Urban Development Act 1993?
Can an order be granted under the Trusts of Land and Appointment of Trustees Act 1996 for the transfer of one co-owner’s interest in a property to the other co-owner where the latter wants to sell the property instead to achieve the highest price? The co-owners are tenants in common under a declaration of trust which is silent on the issue other than to confirm that the property will not be sold before a specified date.
Banking & Finance
Wills & Probate
Case Analysis Panel
Chancery Bar Association
BVC (Outstanding), College of Law
LLB (Hons), University of Birmingham
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