Chris Bryden

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.

This Q&A looks at whether service of a notice will be effective where a lease requires service by recorded post and the notice is returned as not signed for.

This Q&A considers whether a lender will b be bound by the terms of a deed of variation that has varied a lease subject to a registered charge if the lender enforces its security.

This Q&A considers whether a litigant in person is obliged to correspond only through the opposing party’s appointed counsel, if they know that the opposing party has instructed legal counsel, or if they can they contact the opposing party directly.

This Q&A considers whether a local authority intending to grant a lease for an asset of community value for a term of 15 years is a 'relevant disposal' for the purposes of Part 5 of the Localism Act 2011.

This Q&A considers whether compensation is available to a landlord where they successfully appeal an emergency prohibition order (EPO) for loss of rent while the EPO was in force.