Chris Bryden

This Q&A considers whether the maxim ‘once a mortgage always a mortgage’ applies to prevent a mortgagee from transferring property to itself or a connected company, and whether such arrangement is a clog on the mortgagee's equity of redemption.

This Q&A relates to the rights of a long commercial leaseholder to extend or renew the lease

This Q&A considers whether the Supply of Extended Warranties on Domestic Electrical Goods Order 2005, SI 2005/37, applies in circumstances where the supplier’s/provider’s customer is a limited company. It also considers whether there is any equivalent regulation for business-to-business transactions.

This Q&A considers whether the surrender and regrant of a lease of a flat to incorporate a loft falls under one of the exceptions to the right of first refusal under the LTA 1987.

This Q&A looks at the types of tenancy and licence to which the Tenant Fees Act 2019 applies.

This Q&A looks at the definition of ‘tenancy’ in the Tenant Fees Act 2019, and the inclusion of licences to occupy.

This Q&A considers whether a variation of a registered charge amounts to a 'disposition' for the purposes of a restriction on the proprietorship register of a registered title requiring third party consent to dispositions.

This Q&A explores the inheritance tax implications of a married couple’s transfer of their jointly-owned home to the wife’s sister.

This Q&A considers some of the issues arising out of the registration gap in relation to tenanted property.

This Q&A looks at whether a pension sharing order may be made in relation to a pre-1 December 2000 divorce, and potential alternative options.

This Q&A considers if following a divorce both parents (both holding parental responsibility) have a right to information regarding a trust of which their child is a minor beneficiary.

This Q&A considers whether a claim in trespass can be brought against a builder who carried out works which caused damage to property following a party wall award. It also considers whether the party wall surveyors can determine a claim for loss of earnings, loss of rent, loss of amenity, distress and inconvenience.

This Q&A considers whether, following an assignment of part, the tenant of part can apply for a renewal tenancy.

This Q&A looks at the case of Rashid v Nasrullah [2018] EWCA Civ 2685 and considers whether there is a limitation period in which an application to rectify the register must be made by a dispossessed owner in response to a successful registration by adverse possession.

This Q&A considers the approach to take when seeking a default judgment in which there is a requirement for the default judgment to provide for recovery of the following: Issue fee, interest from date of issue, and solicitors fixed costs for entering default judgment with other costs, including pre-action costs, to be assessed if not agreed.

This Q&A looks at whether there is a standard form of order in an infant settlement approval hearing.

This Q&A considers whether, for the purpose of dilapidations a reversionary lease is a standalone lease, or a renewal lease.

This Q&A considers the validity of sending separate letters of serving a lease break notice on joint landlords.

This Q&A considers whether, for the purposes of a fraud claim, an agent's knowledge is imputed to the principal. For example, if an agent knows that a property has recently had structural work carried out, and the principal advises a purchaser that no structural work has been carried out (because he was not aware of the structural work), will the purchaser have a claim in fraudulent misrepresentation (assuming they can satisfy the other elements for such a claim).

This Q&A looks at the application of section 42 of the Landlord and Tenant Act 1954, extending security of tenure to companies holding a lease of premises which are occupied by a group company.