Chris Bryden

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.

This Q&A considers whether in a situation where a property owner serves a letter on an adjoining landowner requiring it to vacate land owned by the property owner, that letter will prevent the adjoining owner successfully claiming adverse possession of the land.

This Q&A considers whether a highway authority must fence off open land bear a highway.

This Q&A considers whether a purchaser of an unregistered property has title to grant new leases if they failed to apply for registration at HM Land Registry within two months of completion.

This Q&A considers the implications and effects of a lease extension being granted outside of LRHUDA 1993 and registered against the freehold title, not the underlease title.

This Q&A considers how a landlord should serve notice to quit or notice seeking possession on a tenant that lacks mental capacity.

This Q&A relates to the position where a cross-petition has been filed but the respondent is out of time for filing an acknowledgment of service or answer.

This Q&A considers whether a respondent to a divorce petition relying on unreasonable behaviour, who has filed an acknowledgment of service accepting the divorce, is able to submit an answer within the 21-day deadline if they later decide to defend the divorce.

This Q&A considers whether the procedural requirements for release of a restrictive covenant, must be expressed to be made pursuant to section 33 of the Local Government (Miscellaneous Provisions) Act 1982.

This Q&A considers whether, in a situation where a retail tenant is in administration and the store is shut due to the coronavirus (COVID-19) pandemic, the administrations are liable to pay rent as an expense of the administrator when they intend to re-open the store after coronavirus.

This Q&A considers whether a tenant can claim back/withdraw his share of the reserved fund on the sale of their leasehold flat, if a right to manage company holds a large reserve fund.

This Q&A considers the failure of a divorce applicant to apply for a conditional order and/or seeks to withdraw the proceedings. The Q&A also considers the procedural options the respondent has to ensure that the divorce can progress, and the ongoing financial remedy proceedings issued on the strength of the original divorce application are not jeopardised.

This Q&A considers what options are available to a local authority if a structure was dangerous and the owner was unidentifiable pursuant to section 77 of the Building Act 1984 for an Order.

This Q&A considers surrogacy and the issues that might arise in relation to parental responsibility when the surrogate is married.

This Q&A considers forfeiture of a lease by a landlord whilst a tenancy deposit exists but the tenant has failed to pay rent for three months.

This Q&A considers whether a landlord can allocate monies received from a tenant who is in arrears of rent and who also has a liability under a costs recovery clause, to the costs or if it must be used for the rent where the tenant has not specified what the monies should be used for.