Chris Bryden

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.

This Q&A considers what constitutes barbed wire within the meaning of section 164(1)(2) of the Highways Act 1980 and how this provision is interpreted.

This Q&A considers whether if a neighbour builds an extension on a boundary between two properties but fails to serve a Party Wall notice or obtain an award, what would be the status of the wall and who has responsibility for maintaining it.

This Q&A considers the level of maintenance that may be assessed by the Child Maintenance Service in accordance with the statutory formula where a non-resident parent is in receipt of a state pension.

This Q&A considers whether, if a notice assigning a debt is served ‘late’, this preclude the assignment of the debt (ie a debtor claims to have not received notice of the assignment, and receipt of the notice cannot be proven), is there any problem with simply sending the notice again so that the assignment takes effect upon receipt.

This Q&A considers the costs that can be claimed in the event that a defendant fails to respond or defend a claim, and a request for default judgment is made, where a Part 7 claim is issued, and if allocated, is allocated to the intermediate track and would be subject to the fixed recoverable costs regime.

This question relates to the effect of accepting rent or arrears following on from the obtaining of a possession order.

This Q&A considers whether a form DS1 can be discharged by three individuals signing separate form DS1s where a private legal charge is in the name of three individuals.

This Q&A looks at the requirements in relation to the land registration requirements relating to the registered proprietor when transferring bona vacantia land owned by the Duchy of Lancaster.