Chris Bryden

This Q&A considers whether an implied withdrawal of a notice served under section 21 of the Housing Act 1988 (HA 1988) occurs after the tenant receives a notice under HA 1988, s 13(2) to increase the rent, and whether any related dispute would be dealt with by the First-tier Tribunal (Property Chamber).

This Q&A considers the formal requirements for demonstrating that a parcel of land has been acquired for the purposes of the local authority's highway functions.

This Q&A considers whether, where a partnership is the tenant in a tenancy agreement, it is possible to include a provision for an unnamed potential future partner in the tenancy agreement.

This Q&A considers whether a party who has been sectioned can be served with court orders made under FLA 1996 and ChA 1989, by a process server, while they are in a hospital psychiatric unit.

This Q&A considers whether an application for a third party debt order can include future payments due under a periodical payments order where a party has failed to make payments in accordance with the periodical payments order.

This Q&A examines whether an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) can provide an applicant with an interest in the property which then entitles them to pursue an occupation order under section 33 of the Family Law Act 1996 (FLA 1996).

This Q&A considers petitions for a decree of nullity and whether the parties can file divorce proceedings as well.

This Q&A considers whether a party is entitled to put forward Part 35 questions to an expert, as per CPR 35.6 where the other party has instructed an expert to prepare a Part 35-compliant report before a claim has been issued (with the intention of seeking permission to rely on that report if proceedings become necessary).

This Q&A considers the actions available to a party who owns property as a joint tenant, but where the other party refuses to leave.

This Q&A considers the powers of the court to exercise the division of assets upon the breakdown of a marriage.

This Q&A considers the situation of one party using savings to pay legal fees by one party in private children proceedings and whether the other party (who is legally aided) can argue in subsequent financial proceedings that the savings spent on legal fees should be added back into the marital assets on the basis that the savings plus a pension are the only assets.

This Q&A considers whether an acceptance of an offer to settle financial issues in divorce proceedings is binding.

This Q&A considers how receipt of a tax-free private pension lump-sum affects the Child Maintenance Service calculation of child maintenance payable.

This Q&A considers the CMS, and how maintenance is calculated where the paying party receives a redundancy payment.

This Q&A considers whether there is any reason why the receiving party must proceed to a detailed assessment where a payment on account is ordered by the court under CPR 44.2(8). It also considers whether there is anything that prevents the receiving party from declining detailed assessment, and instead relying on and enforcing the interim payment on account.

This Q&A looks into the time limits for extending the implementation of a pension sharing order.

This Q&A considers whether a receiving parent can apply to vary a periodical payments order when the child is over 18, or whether the application can only be made when the child is 18.

This Q&A considers how a person who has received notice of an application for home rights may challenge or cancel the notice if the application was made in error by their ex-partner, whom they are not (nor have they ever been) married to or in a civil partnership with.

This Q&A considers whether a tenant is required to reinstate the original floor after having installed a mezzanine floor and whether the repairing obligations in the lease include a requirement that the tenant remove any alterations/additions to the property made during any period of occupation prior to the start of the term.

This Q&A looks at the insolvency issues around a commercial lease.