Chris Bryden

This Q&A considers whether, if a defendant dies before proceedings start and no personal representative or next of kin available, would it be the claimant’s responsibility to propose a representative for the deceased’s estate under CPR 19, or this decision can be left to the court. It also consider whether, if the claimant must make a proposal, they can nominate a firm of solicitors with their consent and will the claimant be responsible for the legal costs of the solicitors they nominate.

This Q&A considers the implications of a defendant telling the court that it is withdrawing its defence in full a few days before the trial.

This Q&A considers whether a freehold owner, who is not named as the landlord in an AT or AST, can still obtain possession of their property by way of a s 8, ground 1 notice.

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) makes provision for tenants of flats in a building to acquire the freehold from their landlord and for tenants of flats to obtain the grant of a new lease with an additional 90-year term at a peppercorn rent (LRHUDA 1993, s 56(1)). The procedure operates by the tenant serving a notice containing the information contained in LRHUDA 1993, s 42 (referred to as a section 42 notice). The landlord then serves a counter-notice pursuant to LRHUDA 1993, s 45. If the parties are unable to agree the premium or terms for the new lease,

This Q&A outlines the protections afforded by the Matrimonial and Family Proceedings Act 1984 for spouses that have a connection with England and Wales.

This Q&A considers bankruptcy and transaction at undervalue and what is the ‘relevant time’ for a transaction at an undervalue.

This Q&A considers whether, if a joint tenant loses the right to rent, due to immigration law restrictions, before they move into a residential property, they are still liable to pay rent under the AST or the contract has been frustrated and therefore terminated.

Would an adult who is adopted by a testator under the law of another jurisdiction be treated as adopted under the law of England and therefore treated as the child of the testator?

This Q&A considers whether a landlord who does not have a copy of the section 21 notice the landlord has served can obtain a possession order through accelerated or standard possession proceedings.

This Q&A considers whether a tenant can serve the acceptance of a notice on the ‘care of’ address of the landlord only, where the landlord had served a section 5 of the Landlord and Tenant Act 1987 notice on the tenant.

This Q&A considers whether a Landlord can decide not to go to auction after the landlord has served a section 5B notice under Landlord and Tenant Act 1987 and whether the landlord needs to serve a further section 5 notice.

This Q&A considers whether a tenant paying increased rent on a residential statutory periodic tenancy is seen to be acceptance of the new rent.

This Q&A considers whether rights of first refusal apply under the Landlord and Tenant Act 1987 on a sale of the freehold to a company owned by the tenants.

This Q&A considers whether the lodgers in a landlords property become tenants, if the landlord loses mental capacity and moves out his property to a care home and a deputy is appointed.

This Q&A considers when a trespasser/occupier can apply to the courts to be reinstated to the property where a landlord physically re-takes possession of a commercial property from them.

This Q&A considers what the effect on the landlord is if the landlord takes a deposit of more than five weeks’ rent in relation to a tenancy granted in June 2019.

This Q&A considers whether a tenant is allowed to bring a claim for tenancy deposit compensation if the landlord takes a tenancy deposit but the prescribed information does not include the landlord's name and address (rather it provides letting agents details as landlord's c/o address etc).

This Q&A considers which options are available to highway authorities in dealing with the situation in which a landowner has altered a highway retaining wall in such a way that the alterations have damaged its structural integrity and made it a risk to highway users. It considers the highway authority's powers to seek repair through agreement and take action itself if no agreement is forthcoming.

This Q&A considers whether a deed of variation should be prepared in addition to a licence for consent if a lease contains an absolute prohibition against alterations, but the landlord is happy to consent to the works. It also considers, if the lease is not varied by deed, and only a licence to consent is prepared, it can operate as a surrender and re-grant by operation of law.

This Q&A considers whether there is a risk that an equitable lease would be created in a situation where a lease includes an express term providing that the commencement date is to be one month after completion.