Chris Bryden

This Q&A considers where there are only two tenants (one of whom is the landlord and so will not cooperate) and for the purposes of the Landlord and Tenant Act 1987: Would it be sufficient to serve the section 5 notice and not have to wait for the various periods provided for to elapse as the notice cannot be accepted by the 'requisite majority'? As the landlord is also treated as a qualifying tenant because he is also a long leaseholder, can the notice simply be served on the landlord as flat owner (given that it is permissible to serve all but one of the tenants)?

This Q&A considers the procedure when applying for a child arrangements order by consent.

This Q&A looks at property that is jointly owned by cohabitants where there are concerns that one party may be made bankrupt.

This Q&A considers ways to enforce a settlement agreement where a former cohabiting party refuses to comply with the terms.

This Q&A considers who owns garages built by a former tenant without the landlord’s knowledge, where the tenant cannot be located.

This Q&A considers the case of Goodman v Gallant and issues raised in relation to declaration of trusts.

This Q&A considers the former practice of using an equitable mortgage to avoid stamp duty and the legislative changes which removed the need for this practice.

This Q&A looks at the power of a landlord of a Rent Act tenancy to obtain access for works.

This Q&A considers whether a residential leaseholder of a building where there are three long residential leases can extend their own lease if that leaseholder is also the freeholder where the lease is mortgaged.

This Q&A considers whether an adult sibling of a minor is able to acquire parental responsibility where one parent is terminally ill and the other has no contact with the minor despite having parental responsibility. It also sets out the process of doing so.

This Q&A considers the options for a spouse to protect their interest in a property where they are not a registered proprietor and there are third party interests in the property. It also considers steps that may be taken where an application is rejected by HM Land Registry.

This Q&A considers whether personal representatives are able to apply for an order for sale under section 14 of the Trusts of Land and Appointment of Trustees Act 1996.

This Q&A considers whether a counterclaim has to be served on a co-defendant who is domiciled outside the jurisdiction, whether court permission is required to serve the counterclaim and the relevance of CPR 6.38 which is ‘headed service of documents other than the claim form’ and only seems to apply to the claimant.

This Q&A relates to the interpretation of the term of a lease in a business tenancy renewal.

This Q&A considers how the courts interpret the term ‘special damages’ with regards to a contractual limitation of liability provision.

Mini-summary

This Q & A considers the impact of section 31 of the Localism Act 2011 in practice when a member of council makes a personal planning application and wants to attend and make representations in support of the application rather than as a decision maker.

This Q&A looks at how an application for deputyship is made when spouses own their property as tenants in common and any possible ramifications of such an arrangement.

This Q&A considers the period within which qualifying tenants must identify a ‘nominated person’ for the purposes of section 6 of the Landlord and Tenant Act 1987.

This Q&A considers the procedure for serving a claim form where the defendants are represented by the same solicitor.