Chris Bryden

This Q&A considers whether there is a statutory requirement for a new landlord of commercial property to give notice of the transfer of the freehold to the tenant and if not, how a tenant would know that the superior interest has been transferred, in particular with regard to payment of rent.

This Q&A considers whether there is a time limit to require a personal representative to deliver estate accounts under section 25 of the Administration of Estates Act 1925 and rule 61 of the Non-Contentious Probate Rules 1987, SI 1987/2024.

This Q&A considers whether a landlord is able to agree a payment plan with a tenant of a commercial premises in respect of rent arrears, while preserving the right to forfeit if the terms of the payment plan are breached.

This Q&A considers whether there is an authority or protocol which states that if the defence want a claimant to be examined by one of their experts, they will have to bear the costs.

This Q&A considers whether a regulated tenancy under the Rent Act 1977 can include an implied covenant for quiet enjoyment.

This Q&A considers whether there is an infringement of the tenant's right to quiet enjoyment if the landlord erects phone aerials on the roof space of building (which is retained by the landlord).

This Q&A considers whether there is any argument that an owner of a building is responsible for breaches of building regulations or does a tenant taking on a lease take on any past breaches.

This Q&A discusses the authority concerning the scope of the solicitor’s duty to establish the ownership of property when taking Will instructions.

This Q&A considers whether a claim for restitution is a claim for a liquidated or an unliquidated sum.

This Q&A considers the meaning of ‘loss of revenue’ and ‘loss of business’ in exemption clauses in commercial contracts.

This Q&A considers whether an applicant can request costs incurred in preparing court bundles.

This Q&A looks at whether maintenance liabilities may be considered to be a 'priority debt'.

This Q&A considers whether there is any statutory or common law backing for the stipulation that a lease of more than seven years must be registered before a break notice may be exercised.

This Q&A considers whether there is any case law on the use of CPR 55.19 by the court and the factors that are taken into account where an application has been made against a party to set aside a possession order.

This Q&A considers the incidental powers which are available to a railway company under section 14 of the Railway Regulation Act 1842.

This Q&A considers whether there is any case that provides that expert evidence in financial proceedings is necessary in particular cases that support the need for an expert pensions valuation.

This Q&A considers whether there's case law that confirms payment of interest on a capital sum that can be construed as payment in respect of the debt and thereby extend limitation under section 29(5) of the Limitation Act 1980.

This Q&A deals with the right of a subtenant to apply for relief from forfeiture where the subtenant company had not been incorporated at the time of grant of the sublease, and with the right of a mortgagee to seek relief where the mortgagee’s charge has not been registered.

This Q&A considers the guidance available regarding professional fees that may be charged by a solicitor acting on behalf of a lay deputy.

This Q&A considers the scenario where a party is using a third party's bank account as their own, to the effect that the bank account should be disclosed as part of financial remedy proceedings.