Alexander Campbell

This Q&A considers whether a landlord can change the locks on a property after the lease has been forfeited and a possession order obtained or whether, if the tenant is still in the property, a writ/warrant is needed.

This Q&A addresseswhether there is any legislation that provides that a statement of truth is as good as a statutory declaration in circumstances where a lender is asking for a statutory declaration but the client is unable to travel to see a commissioner for oaths.

This Q&A considers whether a landlord who has let a domestic garage requires a court order in order to take back possession of the garage subsequent to a notice to quit having been served and having expired. It also addresses the question of what legal process has to be followed with respect to any goods which are left in the garage when possession has been taken back by the landlord.

This Q&A considers what options a person has to access neighbouring land for the purposes of carrying out building work on their own land where the neighbour has refused to grant access.

This Q&A considers whether a tenant is still entitled to at any point give one-month notice to quit after expiry of a fixed term AST if the landlord serves a section 21 notice giving two months’ notice.

This Q&A addresses the question of whether a 12-month fixed term licence can validly include a clause which provides that the licence will, at the end of its fixed term, automatically renew for a further 12 months unless the licensee has served three months’ written notice that they do not wish it to renew. Specifically, this Q&A addresses the question of whether such a clause would be an unfair contract term.

This Q&A considers whether the procedure for forfeiting a residential lease differs if the lease is held by a limited company rather than an individual.

This Q&A considers filing and issuing claims on Money Claim Online.

This Q&A considers whether a defendant can recover their costs of a successful strike out application in a small claims track case or whether it would be necessary to demonstrate that there has been unreasonable conduct.

This Q&A considers whether a freeholder can be prevented from charging excessive fees for a deed of variation to adjust the rent of a long lease in order to avoid the risk that it may become an AST.

This Q&A considers whether a headlease can be forfeited by re-entry due to the tenant being in rent arrears even though there is a subtenant who is in lawful occupation. The Q&A will further address the effect on that lawful subtenant.

This Q&A considers whether a landlord of a business tenancy can exclude themselves from relying on one or more of the grounds of opposition set out in section 30(1) of the Landlord and Tenant Act 1954 by covenanting in the lease not to terminate it on specified grounds, for example redevelopment grounds.

This Q&A considers whether a lease protected by the Landlord and Tenant Act 1954 can be forfeited during lease renewal proceedings.

This Q&A addresses whether a landlord who is bringing a claim against a former assured shorthold tenant for damage to the property which was rented out can include a claim for time which the landlord had to spend cleaning and decorating the property as a result of the damage and, if so, how that claim should be quantified.

This Q&A considers the enforcement of byelaws which a local authority has made in respect of a country park.

This Q&A considers whether, where title to some land is registered in the name of an individual partner or partners, the partnership which is made up of those partners has the right to grant a commercial lease of that land in the name of the partnership.

This Q&A considers whether a local authority can bring a prosecution under RTRA 1984, s 35A for a person’s failure to comply with conditions of an order prohibiting anti-social behaviour in a parking place.

This Q&A discusses whether a tenant under an AST can retract a notice to quit which they have served before the expiry date of the notice.

This Q&A looks at how to deal with the sale of land that is held by co-owners and considers the effect of only having one General Power of Attorney document.

This Q&A addresses the question of whether obligations arising under section 17 of the Landlord and Tenant (Covenants) Act 1995 apply to guarantors of current tenants or whether they only apply to guarantors of former tenants.