Chris Bryden

This Q&A considers the removal of an executor or executors and appointing alternatives.

This Q&A considers whether the benefit of a section 25 notice can be transferred.

This Q&A considers the possible breach of quiet enjoyment or derogation from grant of a lease, timescales for scaffolding being present on the tenant’s shop front and whether the tenant is able to claim compensation and whether the tenant would have to pay for roof repairs as part of their general repairing obligations where the landlord has not given notice for the erected scaffolding.

This Q&A considers section 7.1 of Form D8 for use in dissolution of civil partnerships..

This Q&A considers whether sections 5A and 5B of the Landlord and Tenant Act 1987 can be served at the same time.

This Q&A considers whether the grounds in Schedule 2 to the Housing Act 1998 need to be expressly mentioned in an assured shorthold tenancy.

This Q&A considers the arrangements for contacting courts during their temporary suspension due to coronavirus (COVID-19).

This Q&A considers what should happen when an application needs to be heard before a certain date but it is not possible to arrange for an application to be heard in light of the coronavirus (COVID-19) pandemic.

This Q&A considers whether a claim for repayment of care fees could be barred by the Limitation Act 1980 (LA 1980) or otherwise.

This Q&A considers whether a highway verge be sold by a landowner and what steps would need to be taken to remove the rights to pass across the verge.

This Q&A considers whether prescriptive rights can be acquired by long user through grazing horses on land if the site is not fenced or enclosed.

This Q&A considers whether the failure to disclose a murder or death which took place on a property, on the part of the seller, amount to misrepresentation of a material fact.

This Q&A looks at the effect of the National Security and Investment Act 2021 on land subject to a telecoms lease of a mast.

This Q&A examines whether the summary offence of stalking under the Protection from Harassment Act 1997 can apply in a situation in which someone is recorded without their knowledge and the recording is then published.

This Q&A considers whether charges under an estate management scheme create rentcharges.

Do commercial service charge demands have to comply with the same provisions of the Landlord and Tenant Act 1987 & 1985 as residential service charge demands? Do they have to state the name and address of the landlord, the address for which the charges relate and the period to which the arrears relate? Must it be accompanied with a summary of tenant’s rights and obligations?Service charges allow the landlord of a property to recover from the tenant the costs of operating and servicing the building.The Landlord and Tenant Act 1985 (LTA 1985) sets out detailed provisions in respect of demands for service charges. These provisions however apply only to service charges payable by a tenant of a dwelling, and not to commercial premises. The Landlord and Tenant Act 1987 made certain amendments to LTA 1985 but did not make any change to the scope of those provisions.Service charge demands in respect of commercial premises are covered by a different regime, predominantly directed by the terms of the lease. Service charges are only payable if the lease provides for such recovery, and it is usual that the mechanism for the demand and recovery of service charges is set out in terms within the lease. Standard provisions will include the provision of an annual statement giving an account and breakdown of the service charges incurred, as well as when demands can be made and how they are payable. There is no statutory requirement to state the landlord’s details or other matters that are required in respect of a residential tenancy, but it is clearly sensible to do so. There is no requirement for a summary of tenant’s rights to be provided, as again these protections apply only to residential and not to domestic tenants.The Royal Institute of Chartered Surveyors (RICS) produces a Code of Practice relating to Service Charges in Commercial Property, which represents best practice. Compliance with the provisions of the Code of Practice is not mandatory, but in order to avoid criticism or potential legal action, it is sensible for the Code of Practice to be complied with.Therefore, while it is not necessary to state any particular details or to provide more information than is required by the terms of the lease, it will clearly be prudent to do so in all cases. From a practical perspective, stating such details as are suggested in this scenario may avoid any point being taken as to the nature of the demand or from whom it is made (or to whom monies are payable). The first recourse is to the terms of the lease, but it is sensible also to follow where possible the spirit of the RICS Code of Practice.See Practice Notes: Commercial service charges—a tenant’s practical lease negotiation guide (Part 1) and Commercial service charges—a tenant’s practical lease negotiation guide (Part 2).

This Q&A considers whether fixed costs apply in possession claims even if it is forfeiture for rent arrears under a long lease and the property is part commercial.

This Q&A considers whether notices under section 5 of the Landlord and Tenant Act 1987 need to be served on qualifying tenants when selling the shares in a company which owns the freehold reversion of leases.

This Q&A considers whether settlement agreements for settling a commercial dispute always include promises to make payments.

Mini summary: This Q&A considers if the Representations Procedure (Wales) Regulations 2014 apply to complaints made by individuals listed in section 174(3) of the Social Services and Wellbeing (Wales) Act 2014 when they make complaints in their own rights or only if the complaint is on behalf of the child.