Chris Bryden

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,

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.

This Q&A looks at the drafting of lump sum orders in financial proceedings, and the circumstances in which an undertaking may be required together with the provisions regarding undertakings contained in the Family Procedure Rules 2010 (FPR 2010). It also considers enforcement of an undertaking.

This Q&A considers what a transferor can do to compel the transferee to proceed and complete the registration if the OE is keen to remove itself from the ROE and whether an application to the Court/Tribunal be required under LRR 2003?

This Q&A considers whether the court has jurisdiction to order periodical payments for a child that is not disabled to include a carer’s allowance where an unmarried parent's income does not exceed the maximum threshold for an assessment via the Child Maintenance Service.

This Q&A considers whether deed of variation confirming that the new plan is substituted for the existing one is appropriate where an updated plan needs to be substituted for the existing lease plan, especially, when the terms of the lease itself are not changing and the extent of the demise is not increasing.

Mini summary: The Q&A considers the definition of the terms ‘Electric Vehicle’ and ‘Electric Motor Cycle’ in legislation for the purposes of an Off-Street Traffic Order made under section 32 of the Road Traffic Regulation Act 1984.

This Q&A relates to the position of cohabitees who jointly own property.