Alexander Campbell

This Q&A considers whether a landlord in a commercial lease needs to take any particular steps before re-entering the premises and terminating the lease for non-payment of rent in circumstances where the lease specifies that no formal demand for the rent is needed before forfeiture can be effected.

This Q&A considers whether tenancy deposit requirements and other statutory requirements for shorthold tenancies apply to a common law residential tenancy. It also addresses whether a common law residential tenancy can be brought to an end by any means other than effluxion of time or forfeiture.

This Q&A considers whether all lessees in a block need to consent to a variation of their leases if the freehold company wishes to vary the leases to allow leaseholders to have pets subject to the landlord’s consent.

This Q&A considers the effect on a landlord’s ability to claim and recover costs when the tenant instructs solicitors with legal aid in section 8 possession proceedings.

This Q&A considers whether there is a maximum limit on the fee which can be charged under a provision in a lease which requires a fee to be paid by a tenant when notifying the landlord of a legal charge over the lease.

This Q&A addresses whether, after a lease which has been held on trust has been forfeited, the beneficiaries under that trust have the right to apply for relief from forfeiture and, whether by making payment of any outstanding rent arrears, they can obtain relief from forfeiture under section 138 of CCA 1984.

This Q&A considers whether a claimant must include a history of the mortgage account when issuing a possession claim on the basis of mortgage arrears in circumstances where the loan has matured.

This Q&A considers whether, once a notice has been served under section 21 of the Housing Act 1988 and possession proceedings have been issued, the receipt of an improvement notice from the local authority will invalidate the section 21 notice.

This Q&A considers what the period is for a person, after having received a party wall award by post, to lodge an appeal under section 10(17) of the Party Wall etc Act 1996 and whether service of the award is considered to take place when the award is posted or rather when it is received and what the impact is if the limitation period for appealing expires on a weekend.

This Q&A considers whether a residential tenant who has served a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 but has not retained a signed copy can nevertheless proceed with the lease extension.

This Q&A considers the question of whether a tenant’s failure to pay a rent deposit counts as a once-and-for-all breach or a continuing breach for the purposes of the law of forfeiture.

This Q&A addresses the question of whether a notice which is served pursuant to HA 1985, s 125 must specify the expiry date of the proposed lease concerned.

This Q&A considers the type of tenancy a person holds if the tenancy agreement refers to the tenancy as an assured shorthold tenancy (AST) and all of the criteria for an AST are met apart from the rent, which is £60 a year. How the landlord can obtain possession of the property let under the tenancy is also considered.

This Q&A addresses the question of whether a ten-year lease of a telecommunications mast which expired in 2018 is, if the telecommunications operator holds over at the end of the term, governed by the Landlord and Tenant Act 1945 or by the new Electronic Communications Code.

This Q&A considers the steps a landlord must take in order to evict a tenant at will legally where the tenant has had notice served on them but has failed to vacate the property.

This Q&A discusses the differences between relinquishing part of demised premises by a deed of surrender or by a deed of variation.

This Q&A considers what Lammas rights consist of, how those rights affect an owner’s ability to deal with their property and how can they be removed.

This Q&A considers whether a landlord can serve a valid section 21 notice under HA 1988 if the EPC certificate has expired during the term on the AST.

This Q&A considers whether a clause in a tenancy which imposes a fine on the tenant for misusing common areas would be prohibited by the Tenant Fees Act 2019 or any other legislation.