Chris Bryden

This Q&A considers the impact of personal insolvency in a family breakdown situation.

This Q&A considers whether, where an agreement for surrender essentially amounts to a landlord call option, the covenants and obligations under the agreement will pass to successors of both the landlord and the tenant under the Landlord and Tenant (Covenants) Act 1995 provided that the agreement is expressed to be collateral to the lease and with both ‘landlord’ and ‘tenant’ including successors-in-title.

This Q&A considers whether it is appropriate to consider the potential cumulative impact of such works, and if so, how these should be weighed in the planning balance.

This Q&A considers whether an extension can be agreed by consent and if so, what evidence the court will require in order to approve the order where an application has been made to extend the term of a non-molestation order, and a hearing has been listed.

This Q&A considers whether, if where an application has been made to the FTT, the appointment of a manager under section 24 of the Landlord and Tenant Act 1987 can be dealt with by way of a consent order?

This Q&A considers, where an application is made by a step parent for a child arrangements order and the child’s natural father has parental responsibility for the child, whether there is any authority to support an application that the natural father should not be made a respondent to the proceedings, in circumstances where he has not had contact for ten years due to concerns of abuse and the child is autistic and is likely to become unsettled or distressed if the natural father becomes involved in the proceedings.

Where an application is made to the tribunal to vary the terms of a residential lease (relating to service charge calculation), is there scope for the landlord to recover the costs of the application from the leaseholders? This is specifically in a situation whereby there are eight leases, and seven of them agree to the variation, while one does not.Part IV of the Landlord and Tenant Act 1987 (LTA 1987) contains provisions relating to the variation of leases. By LTA 1987, s 35 any party to a long lease of a flat may make an application to the appropriate tribunal (being the First-tier Tribunal (Property Chamber)) for an order varying the lease in such manner as is specified in the application. However, this is not an open-ended power to allow the variation of a lease, as the grounds of the application must be that the lease fails to make satisfactory provision with respect to one or more prescribed matters, which relate in broad terms to the repair and maintenance of the building. By LTA 1987, s 35(2)(f), this includes in respect of the computation of a service charge payable under the lease.LTA 1987, s 37 provides that an application can be made in respect of two or more leases for an order varying each of those leases in such manner as is specified in the application on the grounds that the object to be achieved by the variation cannot be satisfactorily achieved unless all the leases are varied to the same effect, and can be made by the landlord or any of the tenants under the leases, but only where, when the application is in respect of fewer than nine leases, all or all but one of the parties concerned consent to it.The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 13 provides that the tribunal may make an order for costs only for wasted costs or if a person has acted unreasonably in bringing, defending or conducting proceedings in, inter alia a residential property case or a leasehold case. Where there is a clear need to vary the terms of leases and all but one leaseholder and the landlord agree to that variation, then (depending on the conduct involved) there may be a prospect of persuading a tribunal that the successful landlord (and, if parties, the majority of tenants) should obtain an order that the recalcitrant leaseholder pay their costs. For details of the test for unreasonable conduct and the process for applying for a costs order, see Practice Note: The First-tier Tribunal (Property Chamber)—practice and procedure (at section: ‘Costs’).The landlord may potentially be able to recover the cost of tribunal proceedings from all of the leaseholders through the service charge or as an administration charge, but this will depend upon the terms of the lease and what is specified as being able to be recovered.See Practice Notes:•Lease variations—applying to a tribunal to vary a long lease of a flat•Residential—statutory limitations on recovery of service charges and administration charges (at sections: ‘Excessive service charges’ and ‘Recovery of costs of legal proceedings as service charge’)

This Q&A considers whether, in the event that an application is made under Part IV of the Family Law Act 1996 and the respondent’s whereabouts are unknown, an application can be made to the court for disclosure of the respondent’s address.

This Q&A considers applications made under the Trusts of Land and Appointment of Trustees Act 1996 in relation to more than one property and the process by which a party may file a claim form.

This Q&A considers whether an attorney, acting for a registered proprietor on the sale of goods, justified the property being sold with a limited guarantee.

This Q&A relates to any special provisions relating to the ending of a lease for an electricity substation.

This Q&A considers the issue of medical suspension in the context of a zero hours contract, how to calculate the rate of pay of a zero hours employee who has been medically suspended from work, and how long the suspension would last.

This Q&A considers whether an employer who is notified of a ballot on industrial action is able to contact their employees, the union members, to communicate their side of the issue in dispute.

This Q&A considers whether the grant of a right of way permits the creation of additional access points over and above those existing at the date of grant.

This Q&A considers whether a guarantee survives the death of the guarantor.

This Q&A deals with how the relationship between adopted children and biological children of the same parents is treated for the purposes of priority to apply for a grant of letters of administration for one another on intestacy.

This Q&A considers how an individual wishing to settle part of a property which they own in a life interest trust can ensure they settle only the value of the available nil rate band of £325,000.

This Q & A considers how expenses incurred by local authorities in pursuance of their powers under HA 2004 s49 and 50 can be recovered.

This Q&A considers how a claimant’s solicitor can proceed with an order for sale, whether by public auction or private treaty, or whether an application to the court is required.

This Q&A considers what to do if a party does not engage in the process of sale after an order of sale has been made.