Chris Bryden

This Q&A considers whether the Landlord’s right to forfeiture can be exercised due to the non-payment of ground rent for the final year of the lease.

This Q&A considers whether an indemnity will be implied where a tenant of commercial premises (T) is granted consent to assign to a third party (NT) subject to the parent companies of T and NT acting as guarantors of NT, with T also providing an authorised guarantee agreement on assignment, and the tenant's parent company (PT) was not a party to the lease, thus is not a party to the assignment and no express indemnity exists.

This Q&A considers the situation where a tenant of commercial premises covenanted not to make any alterations or additions to the premises without the landlord's consent. It discusses if a chattel formed part of the alterations and additions which the tenant is to yield up, and whether it has to be removed to satisfy the vacant possession condition.

This Q&A considers the limitation period for a tenant being able to claim damages from the landlord for failing to protect a deposit.

This Q&A considers whether a tenant can apply to court under section 49 of the Leasehold Reform, Housing and Urban Development Act 1993 to determine the terms of acquisition in accordance with the served section 42 notice where the counter-notice served by the landlord was out of time specified in the notice.

This Q&A considers whether a landlord can bring possession proceedings, or must service a notice to quit, or must wait until a certain period of time has elapsed when a tenant does not vacate the property after serving a common law notice to quit.

This Q&A looks at notices served under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A considers notices under section 25 of the LTA 1954.

This Q&A looks at the power to appoint trustees where a life interest trust is created by a will, but which is silent as to the appointment of trustees.

This Q&A considers the availability of agricultural property relief for inheritance tax in the case of farmland subject to a tenancy under the Agricultural Holdings Act 1986.

This Q&A considers what costs form a third party to financial remedy proceedings should use for a pre-trial review/final hearing on the issue of the TOLATA 1996 claim that is being dealt with as a preliminary matter within the financial remedy proceedings.

This Q&A considers whether the custom of paying tithes for the upkeep of a parish as stated in a title document is enforceable against the owner of property.

This Q&A considers whether there is a valid express declaration of trust where the copy registered transfer indicates that the property is to be held as joint tenants but the TR1 was not signed by the transferees.

This Q&A considers whether it is necessary for the benefitting land to adjoin or be within a reasonable distance of the property in order to preserve rights such as right of way.

This Q&A relates to the scope of ‘administrative provision’ in respect of a deed of trust and in particular whether a variation to allow the trustees to take decisions as a majority would fall within such scope.

This Q&A relates to what will happen to shares in a company held by a trust where a beneficiary of the trust dies.

This Q&A considers whether a company can rely on section 21(1)(a) of the Limitation Act 1980 (LA 1980) to take action against an employee for taking funds without permission for their own benefit, which the company discovered over six years ago, or if the company is statue barred.

This Q&A considers the appointment of executors in a Will by reference to the partners in a solicitors' practice, where the firm ceases to exist after the death of the testator.

This Q&A considers whether an arrangement where a Will is to leave the testator’s property to their granddaughter subject to a tenancy of the property to the testator’s carers for their joint lives at a peppercorn rent have an adverse effect in respect of the RNRB.

This Q&A considers the distribution of legacies to minor grandchildren, where a Will leaves a legacy of sale proceeds of chattels to named minor grandchildren of the testator upon their attaining the age of 21.