Cornerstone Barristers

This Q&A looks at the process for paying compensation following a compulsory purchase order where the owner cannot be located.

This Q&A considers the options for a share of freehold owners when one co-freeholder refuses to sign off on structurally required major works or routine maintenance.

This Q&A considers the powers and duties that a housing authority has to resolve disputes cross alleging anti-social behaviour between the right to buy owners and a secure tenant.

This Q&A considers who should be named as the defendant in possession proceedings which are brought after the death of a tenant who has died intestate and after a notice to quit has been served on the personal representatives of the deceased tenant and on the Public Trustee.

This Q&A considers whether, when completing a statutory declaration, a declarant must state their home address or whether, instead, giving their business address is sufficient.

This Q&A considers the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to LT(C)A 1995, is entitled to bring court proceedings on the basis of that notice.

This Q&A considers the question as to what the effect on existing restrictions of title is when freehold land belonging to a dissolved company is passed to the Crown as bona vacantia.

This Q&A considers whether a party making an application under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993 has to serve the application on the other party or do anything else in order to perfect the application, or whether they just need to file the application at the tribunal.

This Q&A considers whether a landlord who is an executor and who wishes to serve notice on a tenant to contract out of the provisions of Part II of the LTA 1954 can be described in that notice as ‘the executors of X’ or whether the executors need specifically to be named. The Q&A will also address the impact of this question on the validity of any notice which has been served and which names the landlord as ‘the executors of X’.

This Q&A considers the risks to the purchaser where a client is purchasing land which is subject to an agricultural charge under the Agricultural Credits Act 1928 in favour of an unrepresented third party.

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 deals with local authorities' ability to fell trees which are protected by Tree Preservation Orders.

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.