Chris Bryden

This Q&A considers how the new code operates in relation to the building owner allowing access or use of a site.

This Q&A considers priority as between two interim charging orders, including the effect of the entry of notices in respect of those charging orders on the register to the property. It looks at the rules on priority under sections 29–30 of the Land Registration Act 2002 and the decision in Hughmans Solicitors v Central Stream Services [2012] EWHC 1222 (Ch).

This Q&A considers whether a departing tenant is liable to pay rent arrears in a situation where two tenants entered into a joint and several tenancy agreement and one tenant gives up possession after the service of a section 21 notice.

This Q&A considers whether legal privileged is waived if without prejudice documentation is relied upon as part of an interim payment hearing.

This Q&A considers whether (after the first year of employment), if an employee takes holiday or annual leave before it has been accrued, the employer can pay an employee only in respect of the holiday that has accrued at the time the holiday is taken, and withhold the remaining holiday pay until it accrues.

This Q&A considers whether, in a block of flats where the top floor flat has been retained unlet by the landlord, the landlord can develop and use the roof of the flat as a roof terrace, including granting a lease of the roof space, without triggering the right of first refusal.

This Q&A considers whether, in a case where the landlords are multiple individuals (A, B and C) who hold the property as tenants in common, A and B agree to the assignment, but C is refusing due to a personal dispute, consent from all three landlords is required for the assignment to be valid.

This Q&A looks at the steps that may be taken to protect a party to divorce proceedings where there has been extreme violence against them, including filing an application for an address to be kept confidential and remedies under the Family Law Act 1996.

This Q&A looks at whether a claimant has to agree to, and give permission for, a defendant to obtain a witness statement from a third party in civil proceedings.

This Q&A considers how a value of a claim should be calculated where there are different rates of interest a claimant is entitled to.

This Q&A considers the court's approach to a claim under the Trusts of Land and Appointment of Trustees Act 1996 or Married Women's Property Act 1882 for a beneficial interest where a non-owner of a property has carried out substantial works to the property.

This Q&A considers whether, in a compulsory purchase, the purchaser can require that the land be in a certain condition. It also considers if there is inert material on the land, the purchaser can charge the seller for the cost of removing the material by way of a reduction to the purchase price.

This Q&A considers waivers by implication or estoppel in a contractual option where one party requires the other to take a transfer of land.

This Q&A considers the position of a tenant who serves a break notice but does not vacate on the given date in a Landlord and Tenant Act 1954 protected commercial lease, which contains a break clause which does not require the tenant to give vacant possession as a condition precedent to operating the break clause.

In a lease extension matter it is believed that the landlord’s solicitors did not have authority from their client to sign the section 45 counter-notice under the Leasehold Reform, Housing and Urban Development Act 1993 which was served and therefore believed to be invalid. The landlord’s solicitors have confirmed that they were given such authority from the landlord to sign the counter-notice however they have refused to provide evidence of this upon request. Is there any way to compel the landlord’s solicitors to provide evidence of the authority?The landlord’s solicitors have confirmed that they were given such authority from the landlord to sign the counter-notice however they have refused to provide evidence of this upon request.Is there any way to compel the landlord's solicitors to provide evidence of the authority?Part II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows a tenant to acquire a new lease of their flat by service of a notice under LRHUDA 1993, s 42. The landlord is permitted by LRHUDA 1993, s 45 to serve a counter-notice setting out whether the landlord accepts the right to acquire a new lease and if so which terms they dispute.By LRHUDA 1993, s 99(5), any notice given under LRHUDA 1993, ss 13 or 42 must be signed by each of the tenants or (as the case may be) by the tenant by whom it is given, and in any other case can be signed by or on behalf of each of the tenants. There is no corresponding requirement for a LRHUDA 1993, s 45 counter-notice to be signed, although they commonly are.Where a counter-notice is signed without authority by a solicitor on behalf of the client, it is possible that the counter-notice is invalid in the event that it was also sent without authority. In the event that the counter-notice is invalid, the court is obliged to grant a new lease on the terms set out in the LRHUDA 1993, s 42 notice. However, in this scenario although there is a belief that there was a lack of authority, there appears to be no evidence to support this contention, and a positive assertion that the solicitor did have such authority. In such circumstances it is likely to be virtually impossible for the tenant to demonstrate that this is not the case. In the face of a clear representation of authority by the solicitors, the tenant is not likely to be allowed to seek to go behind this. There is no mechanism to compel a solicitor to provide evidence of the scope of their instructions or authority to an opposing party. The solicitor has ostensible or apparent authority to sign a counter-notice, and here positively asserts actual authority.In those circumstances there is no way to compel the solicitor to disclose or provide evidence of their authority. If the matter proceeded to tribunal the contention could be made that the notice was invalid and questions could be asked in evidence as to whether the landlord gave such authority, but it is highly likely that such authority would be confirmed given the representations already made by the solicitor.For further reading, see Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A considers whether a lease granted by a local authority to a registered provider of affordable housing can be assigned to a party that is not a registered provider.

This Q&A considers whether corporate trustees who are the landlord can include clauses limiting the liability of the trustees to the assets of the trust and the options the tenant may have.

This Q&A considers a lease in which the tenant seeks to remove part of a structural wall and the landlord is in agreement. Is it simply a question of the landlord consenting to that work through a licence (and possibly a supplemental lease to reflect the small amount of additional land)? If the lease makes no reference to the tenant’s right to do such work, would the other tenants be entitled to request the landlord refuses consent as per the recent judgment in Duval v 11-13 Rudolph Crescent Ltd.

This Q&A looks at whether a commercial tenant has the protection of the consultation procedure under LTA 1985, section 20.

This Q&A considers the notice which must be given to terminate in a periodic business lease where there is no written lease but annual rent is paid quarterly.