Cornerstone Barristers

This Q&A considers the section 21 procedure and requirements under the Housing Act 1988 and whether it applies in both England and Wales.

This Q&A looks at case law which interprets a break clause which stipulates that exactly six months’ notice must be given as including service of over six months.

This Q&A addresses the question of whether there is a procedure to be followed where there is a management order in respect of a property under section 24 of the Landlord and Tenant Act 1987 which expires yet the manager wishes to continue to manage the property.

This Q&A considers the rule which allows a structure or temporary structure for which planning permission was needed, but not obtained, to remain and to be replaced after it has stood unchallenged for a period of time without the prospect of enforcement action from the local authority.

The Q&A discusses the definition of a ‘council housing estate’.

This Q&A looks at how and when a local housing authority can apply for a banning order against a landlord or property agent.

This Q&A considers whether the Limitation Act 1980 (LA 1980) applies to the enforcement of planning obligations.

This Q&A considers whether there is any statutory authority stating that the governing body of a voluntary aided school is considered to be a separate legal entity in its own right, distinct from the individuals who comprise the governing body.

This Q&A considers how a telecoms operator issuing proceedings in the County Court to renew their agreement under the Landlord and Tenant Act 1954 can request that the proceedings be heard by a judge of the Upper Tribunal (but sitting in the County Court) who is familiar with code operators.

This Q&A considers a situation where part of a large plot of land was transferred to a purchaser in 1998 but the seller retained the rest of the land. The conveyance is silent on responsibility for maintaining the fence separating the two parcels of land. This Q&A analyses who is responsible for the fence.

This Q&A outlines the distinction between a licence and a tenancy. It further emphasises that when an owner of the property moves out or goes into care, this does not automatically turn a licence into a tenancy.

This Q&A looks at whether it is necessary to serve a notice under section 3A of the Landlord and Tenant Act 1985 in circumstances where the freehold of a building has been acquired by qualifying lessees under Part 1 of the Landlord and Tenant Act 1987.

This Q&A discusses what arrangements have to be published as part of a local authority's Local Government Act 2000 obligation to publish its constitution.

This Q&A considers the question of what concerns, if any, a landlord should have about accepting a guarantee in respect of an assured shorthold tenancy if the guarantor is an elderly and ill person who has signed the guarantee at their daughter’s request and what obligations, if any, the landlord has towards the guarantor.

This Q&A considers whether an inter-group assignment requires a formal ‘licence to assign’ from the landlord.

This Q&A addresses whether a landowner has the right to compel a neighbour whose tree has branches overhanging his land to cut the overhanging branches.

This Q&A considers whether a landlord can affect peaceable re-entry of a residential garage or whether they must obtain a court order.

This Q&A considers whether the court have regard to any undisputed rent arrearsthe effect of which would be to reduce the value of the claim below £1000 when deciding to allocate a claim for housing disrepair to the small claims track.

This Q&A considers who constitutes a family member for eligibility purposes for the right to buy and whether the civil partner of a tenant’s child can be included on the right to buy application as well as the child.

This Q&A considers whether a single person who owns multiple flats is entitled on their own to serve a claim notice and be the only member of an RTM company under CLRA 2002.