Chris Bryden

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.

Forfeiture is a draconian remedy which entitles a landlord to bring a lease to an end for a breach of covenant. For all breaches other than arrears of rent, the landlord must give the tenant the opportunity to remedy the breach which is done by the service of a notice pursuant to section 146 of the Law of Property Act 1925. There is no requirement to serve such a notice where the breach is non-payment of rent. The right to forfeit will only arise if there is a forfeiture clause in the lease, but this will

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.

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 considers whether general wishes in a Will are legally binding.

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.