Ardmore Group Limited

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

96

Where a property is let on a long residential lease, does a right to forfeit arise in respect of
Where a property is let on a long residential lease, does a right to forfeit arise in respect of
Q&A

This Q&A considers when the right to forfeit will arise in respect of breaches of covenant including the non-payment of rent.

Where a prospective purchaser of a freehold commercial property agrees that the vendor (a business
Where a prospective purchaser of a freehold commercial property agrees that the vendor (a business
Q&A

This Q&A considers the risks associated with a prospective purchaser of a freehold commercial property allowing the vendor to remain in occupation for a period of six months, and in particular, whether or not the vendor will consequently be entitled to protection under the Landlord and Tenant Act 1954.

Where a qualifying tenant is deceased and a trust company has obtained the Grant of Probate as attorney
Where a qualifying tenant is deceased and a trust company has obtained the Grant of Probate as attorney
Q&A

This Q&A considers who may sign a section 42 notice on behalf of a deceased tenant, in circumstances in which a trust company has obtained the Grant of Probate as attorney for the executor.

Where a residential lease is sold which contains a right to use a parking space which has previously been
Where a residential lease is sold which contains a right to use a parking space which has previously been
Q&A

This Q&A concerns a lease with the right to use a parking space. The landlord and tenant purported to vary this right by way of deed, but failed to register the same. Subsequently, a third party purchased the property without knowledge of the deed transferring the right to the parking space back to the landlord. This Q&A considers whether or not the new tenant will be bound by the same.

Where a tenant company has been dissolved and the lease is subsequently disclaimed by the Crown, how can
Where a tenant company has been dissolved and the lease is subsequently disclaimed by the Crown, how can
Q&A

This Q&A considers a claim for possession and mesne profits in respect of a director of a company who has remained in occupation of property after the company has been dissolved, and where the leasehold interest has been subsequently disclaimed by the Crown.

Where a tenant has served a notice under section 42 of the Leasehold Reform, Housing and Urban
Where a tenant has served a notice under section 42 of the Leasehold Reform, Housing and Urban
Q&A

This Q&A considers whether a tenant can sell a flat with the benefit of a section 42 notice.

Where a tenant has served two notices under section 42 of the Leasehold Reform, Housing and Urban
Where a tenant has served two notices under section 42 of the Leasehold Reform, Housing and Urban
Q&A

This Q&A considers whether it is possible for a tenant to withdraw the second section 42 notice to encourage the landlord to accept the first notice where the tenant has service two notices under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 and doubts the validity of either notice.

Where a tenant has vacated a property, but their partner, who has learning difficulties, has remained in
Where a tenant has vacated a property, but their partner, who has learning difficulties, has remained in
Q&A

This Q&A considers whether it is necessary to serve a notice to quit as a precursor to possession proceedings, in circumstances where the tenant has departed, but has failed to give the landlord vacant possession. In answering this Q&A, it has been assumed that the tenancy in question has been validly determined by the tenant.

Where a tenant remains in occupation after the contractual expiry of a contracted-out business lease,
Where a tenant remains in occupation after the contractual expiry of a contracted-out business lease,
Q&A

This Q&A considers the the nature of occupation where a tenant remains in occupation after the contractual expiry of a contracted-out business lease.

Where a title has an old HM Land Registry form A restriction, is it possible, upon assent of the
Where a title has an old HM Land Registry form A restriction, is it possible, upon assent of the
Q&A

This Q&A considers whether upon the death of a co-owner of property which is subject to a Form A restriction, a second trustee can be appointed in order that the surviving co-owner can sell the property.

Where an equitable charge registered pursuant to a charging order following a money judgement has been
Where an equitable charge registered pursuant to a charging order following a money judgement has been
Q&A

This Q&A considers whether or not the enforcement of a charging order is restricted by way of the LA 1980.

Where an owner has opted to tax on a building and is selling it where the property is sold with the
Where an owner has opted to tax on a building and is selling it where the property is sold with the
Q&A

This Q&A provides a brief overview of what constitutes a transfer of a business as a going concern. This is a very complicated area of law and one which should be considered very carefully as there are significant repercussions if an error is made.

Where the freehold of a property is held by three individuals and one is missing and cannot be traced,
Where the freehold of a property is held by three individuals and one is missing and cannot be traced,
Q&A

This Q&A considers how should the owner of a residential leasehold serve notice in terms of section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 on the missing owner.

Where unregistered property has been transferred prior to 2002 from a sole owner’s name into the joint
Where unregistered property has been transferred prior to 2002 from a sole owner’s name into the joint
Q&A

This Q&A considers the requirements for the creation of a valid deed in order to transfer an interest in land, and in particular, who may act as a witness to that deed.

Which address should a service charge demand be served on? Does it make a difference if the lease
Which address should a service charge demand be served on? Does it make a difference if the lease
Q&A

This Q&A considers the address for service of a service charge demand upon a tenant and the time-frame for service of the same.

Would use of a property by one of the family members (a registered childminder) as a childminding
Would use of a property by one of the family members (a registered childminder) as a childminding
Q&A

This Q&A considers leasehold covenants, and in particular, what will constitute a breach of a covenant restricting the use of a property to a single private residence.

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