Cornerstone Barristers

This Q&A considers when limitation begins to run if a tenant’s solicitors have negligently failed to include a break clause in a lease and whether limitation runs from when the lease was completed, when the tenant notices the error or when the break clause would have been exercised if it had been included in the lease.

This Q&A considers when a notice to sever a joint tenancy under section 36(2) of the Law of Property Act 1925 is validly given.

This Q&A considers whether, when one of two joint tenants under an assured shorthold tenancy (AST) ceases to live at the subject property, the original AST continues or instead a new implied AST is created for the remaining tenant. It also considers whether, when bringing possession proceedings, the landlord needs to name both tenants as defendants or only the remaining tenant.

This Q&A considers who will be liable to be prosecuted if a planning enforcement notice is served on both the tenant and landlord and this is not appealed or complied with.

This Q&A looks at whether prior approval granted under Part 18 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, is indefinite.

This Q&A considers the obligations a landlord has with regard to a prescribed information certificate relating to a tenancy deposit when it has been counter-signed by the tenant.

This Q&A addresses the question of who owns items left in a property following a sale in circumstances where nothing explicit is said in the contract or otherwise about who will own those items.

This Q&A considers whether a commercial tenant will be in breach of a covenant not to ‘permit any contaminative substances to be left on the Property’ in circumstances where it is discovered that the former tenant brought contaminative substances onto the Property but the new tenant takes no steps to remove them.

This Q&A addresses the question of whether a tenant under a commercial lease has positive obligations under a covenant not to allow vehicles to park in a certain area (meaning positive obligations to prevent their customers from doing so) and, if so, how extensive such positive obligations might be.

This Q&A considers whether, in an accelerated possession claim, a landlord can seek costs on a standard basis where a tenant files a defence which is without merit and whether a counterclaim can be added to a defence.

This Q&A addresses the circumstances in which an easement acquired by long use will bind a purchaser of registered land.

This Q&A considers whether a mobility scooter is classified as a motor vehicle for the purposes of section 3 of the Clean Neighbourhoods and Environment Act 2005, which makes it a criminal offence for a person to leave two or more motor vehicles parked within 500 metres of each other where they are being advertised for sale.

This Q&A considers the question of whether a statement under the CA 2011 is required in circumstances in which it is proposed to surrender an unregistered lease which has been granted by a landlord whose proprietary interest is registered in the name of two trustees who are holding the land on trust for a non-exempt charity.

This Q&A considers whether a new commercial property which has a building regulation completion certificate also requires a fire risk assessment to be carried out or whether the building regulation completion certificate is sufficient.

This Q&A addresses the question of whether a Right to Manage (RTM) company can give valid notice of its claim to acquire the right to manage premises in circumstances where most of the 50% of qualifying tenants are members of the company but two of the qualifying tenants are directors rather than members.

This Q&A considers whether it is lawful for an authorised guarantee agreement granted under the Landlord and Tenant (Covenants) Act 1995 to require a guarantor to take a new lease if the original lease is forfeited.

This Q&A considers whether it is possible to assign a caution against first registration.

This Q&A considers whether a person can be granted an easement which covers not only land which they already own but also specific land which they intend to acquire in the future.

This Q&A addresses whether it is reasonable for a long lease to provide that the landlord may forfeit the lease if the tenant becomes insolvent, in circumstances where the lease was not granted at a premium and the rent is not at full market value.

This Q&A looks at whether the period for enforcement for installing air conditioning units on a property within a conservation area without planning permission is four or ten years.