Ardmore Group Limited

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Georgia Whiting
In-House Legal Counsel
Ardmore Group Limited
Contributions by Ardmore Group Limited Experts

96

A buyer, after exchange, has granted a tenancy and is receiving rental income, but completion has been
A buyer, after exchange, has granted a tenancy and is receiving rental income, but completion has been
Q&A

This Q&A looks at what options are available to a seller in relation to rental income received between exchange and completion.

A commercial lease has been forfeited for non-payment of rent and the landlord wishes to grant a new
A commercial lease has been forfeited for non-payment of rent and the landlord wishes to grant a new
Q&A

This Q&A considers whether there is any way to expedite the procedure for the Land Registry to serve a title closure notice on a former tenant who remains on the title of a property.

A landlord granted a six-month assured shorthold tenancy in 2013 and the tenant has remained in
A landlord granted a six-month assured shorthold tenancy in 2013 and the tenant has remained in
Q&A

This Q&A discusses the validity of a section 21 notice and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.

A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and
A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and
Q&A

This Q&A considers whether a landlord is required to provide the tenant with an up to date asbestos survey confirming its removal or whether the consignment note is sufficient to confirm the removal of the asbestos.

A landlord served a section 8 notice based on ground 1 on an assured shorthold tenant. The landlord
A landlord served a section 8 notice based on ground 1 on an assured shorthold tenant. The landlord
Q&A

This Q&A considers the minimum period of notice a landlord must give a tenant when relying upon ground 1 of the Housing Act 1988. It also considers when such a section 8 notice will expire.

A landlord who has a superior landlord is granting residential leases of flats. The lease between the
A landlord who has a superior landlord is granting residential leases of flats. The lease between the
Q&A

This Q&A considers the enforceability of covenants in circumstances where there is a superior landlord, an intermediate landlord, and a tenant.

A landowner proposes to undertake works on his land which involve excavation, the foundations of which
A landowner proposes to undertake works on his land which involve excavation, the foundations of which
Q&A

This Q&A considers whether or not an owner of land may construct foundations which encroach onto an adjoining owner’s property, and in particular, whether the Party Wall Act 1996 provides for this in the absence of any rights of access onto that land.

A lease of a parking space contains a rent review on an open market basis. The lease contains a clause
A lease of a parking space contains a rent review on an open market basis. The lease contains a clause
Q&A

This Q&A concerns the impact of alienation provisions on the hypothetical tenant for the purposes of a rent review.

A reversionary lease has been granted with the term commencement date being in December 2018. Can an
A reversionary lease has been granted with the term commencement date being in December 2018. Can an
Q&A

This Q&A considers whether an underlease can be granted out of a reversionary lease, the term of commencement of the reversionary lease not yet having begun.

A tenant has used an access way over land owned by a third party for over 20 years. The landlord has not
A tenant has used an access way over land owned by a third party for over 20 years. The landlord has not
Q&A

This Q&A considers whether a tenant who used a right of way over neighbouring freehold land for a 20-year period will maintain the benefit of that prescriptive right if they purchase the dominant freehold title.

A transaction completes subject to an assured shorthold tenancy (AST) with the tenant having been served
A transaction completes subject to an assured shorthold tenancy (AST) with the tenant having been served
Q&A

This Q&A considers the position of a purchaser of a tenanted property in circumstances where the outgoing landlord has previously served a section 21 notice on the tenant.

An AST was granted in 2004, but the deposit was not protected. Is it correct that the deposit must be
An AST was granted in 2004, but the deposit was not protected. Is it correct that the deposit must be
Q&A

This Q&A considers how a landlord can evict a tenant using the section 21 procedure in circumstances where the deposit has not been protected.

Are alterations to a property (including repositioning a staircase, installing a new staircase and
Are alterations to a property (including repositioning a staircase, installing a new staircase and
Q&A

This Q&A considers the right to forfeit a lease due to unauthorised alterations and, specifically, when a landlord is likely to be considered to have waived such a breach.

Are breaches of a commercial lease covenant to comply with planning Acts and obtain landlord’s consent
Are breaches of a commercial lease covenant to comply with planning Acts and obtain landlord’s consent
Q&A

This Q&A considers whether breaches of a commercial lease covenant to comply with planning Acts and obtaining landlords consent prior to applying for planning permission are continuing for the purposes of forfeiture.

Are buildings within a cathedral precinct excluded from Collective Enfranchisement claims? Is there a
Are buildings within a cathedral precinct excluded from Collective Enfranchisement claims? Is there a
Q&A

This Q&A looks at whether buildings within a cathedral precinct are excluded from Collective Enfranchisement claims.

Are the decisions of the First-tier Tribunal (Property Chamber) binding upon its self?
Are the decisions of the First-tier Tribunal (Property Chamber) binding upon its self?
Q&A

This Q&A examines whether the decisions of the First-Tier Tribunal are binding on itself.

Are there specific service rules which apply to s20 notices which would state what the correct address
Are there specific service rules which apply to s20 notices which would state what the correct address
Q&A

This Q&A considers whether there are specific service rules which apply to s20 notices which would state what the correct address for service of the s20 notice is.

Can a beneficial owner of a reversionary interest assign that interest before the date of the reversion?
Can a beneficial owner of a reversionary interest assign that interest before the date of the reversion?
Q&A

This Q&A considers the position of a beneficial owner of a reversionary interest and whether or not that beneficial owner can assign his interest. Further, consideration is given to the effective date of that assignment and the position of the beneficial interest on the original beneficiary’s death prior to reversion.

Can a joint tenant of an assured shorthold tenancy obtain an injunction to stop the other joint tenant
Can a joint tenant of an assured shorthold tenancy obtain an injunction to stop the other joint tenant
Q&A

This Q&A considers whether a joint tenant of an assured shorthold tenancy is able to obtain an injunction to stop the other joint tenant from serving notice to quit to terminate the tenancy.

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