Chris Bryden

This Q&A considers industrial units that are let but have EPC ratings of F or G, whether the freehold owner can sell the units subject to the leases with the current EPC grades or can the leases be terminated on the basis they are let unlawfully and if so on what specific grounds. The freeholder does not wish to incur expense of bringing the units up to an EPC rating of E.

This Q&A considers whether, where it is not practicable (due to a redundancy situation) for an employer to continue to employ an employee returning from maternity leave under her existing contract of employment, and the employer is required under the Maternity and Parental Leave etc Regulations 1999, SI 1999/3312, reg 10 to offer the employee any suitable alternative vacancy that exists, there any obligations on the employer to consider terminating the contract of a self-employed worker carrying out the same role as the returning employee and offering her that role either on self-employed terms or again as an employee.

This Q&A considers what is required to release a fixed and floating charge with negative pledge at Companies House which is also registered at the HM Land Registry.

This Q&A considers whether beneficiaries can bring an action to force the sale of land where the land forming part of the estate has already been vested in the PR.

This Q&A considers whether a written undertaking not to do a specified act can be enforced where no proceedings have been issued.

This Q&A considers the costs position where an offer under CPR 36 has been made and accepted prior to the issue of proceedings.

This Q&A considers how the occupation of a family member should be documented where they do not make any rent contributions.

This Q&A looks at whether conditions in a commercial lease are void where a condition for assignment requires a tenant’s guarantor to guarantee an assignee’s performance of covenants.

This Q&A considers what may be done where one of the parties to a step-parent parental responsibility agreement lives abroad and is unable to return to the UK to have their signature witnessed by one of the people stipulated on Form C(PRA2)), namely a justice of the peace, a justices’ clerk, an assistant to a justices’ clerk, or a court official who is authorised by the judge to administer oaths, and what alternative abroad would be accepted by the courts in England?

This Q&A considers when a resulting trust is capable of arising.

This Q&A considers the procedure where an application is made to vary a child arrangements order that is already subject to an application for enforcement.

This Q&A looks at whether CIL is payable where outline planning permission is granted prior to a charging schedule being in place, where the charging schedule is in place by the time of grant of the approval of reserved matters.

This Q&A considers whether consent is necessary when a covenant is made to the effect that any further disponee will comply with any positive covenants.

This Q&A considers whether an order for sale made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) may be deferred until the youngest child of former cohabitants has left full time education.

This Q&A considers whether either party to divorce proceedings commenced in England can issue an application for a financial order in England despite now living in Spain.

This Q&A considers the process of issuing proceedings under CPR 7 and the mechanism for a prospective claimant in litigation to bring an application for disclosure before proceedings have started.

This Q&A considers how a property registered in the joint names of A and B (divorced), where B received a lump sum payment from A in consideration of transferring B’s share of the property to A without a consent order obtained on divorce recording it, should be recorded in the transfer of equity from B to A and possible implications for A.

This Q&A considers what notice period is required for a section 21 notice, for termination of an AST.

This Q&A considers the position where an easement has been registered in the title register of the dominant land but has not been noted in the title register of the servient land.

This Q&A considers whether higher rate of stamp duty land tax is payable where a spouse retains an interest in the former matrimonial home and wishes to purchase a further property.