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Kate Andrews
Kate Andrews
Hamlins
Contributions by Hamlins Experts

94

A farmer has a been granted a right of way over a neighbour’s field. There are no provisions in the deed of grant relating to responsibility for repair and costs of repair of the access way. Previously, the neighbouring owner rarely used the access way, and the farmer chose to make the track up and keep it in repair. However, the neighbouring owner has now let the field, and the new tenant uses the access way frequently. Can the farmer ask the owner of the field to repair the access way or contribute towards its maintenance?
A farmer has a been granted a right of way over a neighbour’s field. There are no provisions in the deed of grant relating to responsibility for repair and costs of repair of the access way. Previously, the neighbouring owner rarely used the access way, and the farmer chose to make the track up and keep it in repair. However, the neighbouring owner has now let the field, and the new tenant uses the access way frequently. Can the farmer ask the owner of the field to repair the access way or contribute towards its maintenance?
Q&As

A freeholder is demanding £115K from a tenant to extend their lease. Other tenants in the block have extended at nil premium. What can the tenant do?
A freeholder is demanding £115K from a tenant to extend their lease. Other tenants in the block have extended at nil premium. What can the tenant do?
Q&As

A landlord accepts a surrender of a lease from its tenant. However, the parties have agreed that the tenant will continue to pay rent until the property is let. What is the effect of this arrangement? Does it mean that the lease remains in existence? Does it change the position if the tenant has remained in occupation?
A landlord accepts a surrender of a lease from its tenant. However, the parties have agreed that the tenant will continue to pay rent until the property is let. What is the effect of this arrangement? Does it mean that the lease remains in existence? Does it change the position if the tenant has remained in occupation?
Q&As

A Landlord and Tenant Act 1954 protected lease is due to expire in seven months’ time. The tenant has sublet without the landlord’s consent and the subtenant has carried out works to the premises, also without consent, which the landlord requires to be reinstated. The landlord does not want either the tenant or subtenant to be able to claim a new lease. Should the landlord serve section 25 notices on both the tenant and subtenant, how should the landlord protect its position?
A Landlord and Tenant Act 1954 protected lease is due to expire in seven months’ time. The tenant has sublet without the landlord’s consent and the subtenant has carried out works to the premises, also without consent, which the landlord requires to be reinstated. The landlord does not want either the tenant or subtenant to be able to claim a new lease. Should the landlord serve section 25 notices on both the tenant and subtenant, how should the landlord protect its position?
Q&As

A landlord has obtained an order for possession based on a mandatory ground, but subsequently agrees with the tenant to suspend the warrant for possession, subject to the tenant repaying the arrears. When the tenant defaults on the repayment and the landlord applies to execute the warrant, the court refuses to do so and suspends the warrant for a second time. Does the court have the power to suspend the warrant in these circumstances?
A landlord has obtained an order for possession based on a mandatory ground, but subsequently agrees with the tenant to suspend the warrant for possession, subject to the tenant repaying the arrears. When the tenant defaults on the repayment and the landlord applies to execute the warrant, the court refuses to do so and suspends the warrant for a second time. Does the court have the power to suspend the warrant in these circumstances?
Q&As

A landlord proposes to grant a single lease of a building comprising a shop on the ground floor with a residential flat above. The proposed tenant is Italian. Must the landlord comply with the right to rent checks introduced by the Immigration Act 2014?
A landlord proposes to grant a single lease of a building comprising a shop on the ground floor with a residential flat above. The proposed tenant is Italian. Must the landlord comply with the right to rent checks introduced by the Immigration Act 2014?
Q&As

A landlord serves a section 146 notice on a tenant for breaches of lease. If the tenant refuses to allow access to inspect whether the breaches have been remedied, what are the landlord’s remedies? If the breaches have been remedied but the tenant does not pay the landlord’s costs specified in the notice and those incurred since, can the landlord proceed to forfeit by re-entry?
A landlord serves a section 146 notice on a tenant for breaches of lease. If the tenant refuses to allow access to inspect whether the breaches have been remedied, what are the landlord’s remedies? If the breaches have been remedied but the tenant does not pay the landlord’s costs specified in the notice and those incurred since, can the landlord proceed to forfeit by re-entry?
Q&As

A property title contains a covenant in a transfer from 1981 that says there can only be a one storey extension at a property. If the owner digs down and forms a basement, is that a storey, or is it only above ground?
A property title contains a covenant in a transfer from 1981 that says there can only be a one storey extension at a property. If the owner digs down and forms a basement, is that a storey, or is it only above ground?
Q&As

A residential landlord has failed to register the tenant’s deposit, but now wants to serve a section 21 notice. The landlord believes that the tenant may refuse the return of the deposit in an attempt to prevent the landlord serving the s 21 notice. What are the landlord’s options?
A residential landlord has failed to register the tenant’s deposit, but now wants to serve a section 21 notice. The landlord believes that the tenant may refuse the return of the deposit in an attempt to prevent the landlord serving the s 21 notice. What are the landlord’s options?
Q&As

A tenant has carried out alterations without the landlord’s consent and now seeks to obtain retrospective consent. The landlord will grant a retrospective licence on onerous terms such as an increase in rent and payment of a premium. Otherwise, the landlord insists on the improvements being removed, despite the fact the improvements improve the letting value of the premises and they have suffered no loss. Can a landlord be held to be unreasonably withholding retrospective consent for alterations?
A tenant has carried out alterations without the landlord’s consent and now seeks to obtain retrospective consent. The landlord will grant a retrospective licence on onerous terms such as an increase in rent and payment of a premium. Otherwise, the landlord insists on the improvements being removed, despite the fact the improvements improve the letting value of the premises and they have suffered no loss. Can a landlord be held to be unreasonably withholding retrospective consent for alterations?
Q&As

A tenant has taken a new contracted out lease of a premises they formerly occupied under a lease and then a tenancy at will. The tenant has now served a break notice to determine the new lease. The landlord has issued a schedule of dilapidations which includes the removal of some partitions. The partitions were in situ at the grant of the new lease and are not expressly referred to in the new lease. Can the landlord serve a schedule of dilapidations in connection with the tenant’s former lease (which expired recently (but prior to the tenancy at will and the new lease) and is within the limitation period for action)?
A tenant has taken a new contracted out lease of a premises they formerly occupied under a lease and then a tenancy at will. The tenant has now served a break notice to determine the new lease. The landlord has issued a schedule of dilapidations which includes the removal of some partitions. The partitions were in situ at the grant of the new lease and are not expressly referred to in the new lease. Can the landlord serve a schedule of dilapidations in connection with the tenant’s former lease (which expired recently (but prior to the tenancy at will and the new lease) and is within the limitation period for action)?
Q&As

A tenant owns a leasehold flat which was previously used as an air bnb unit. The landlord has complained about this breach of covenant given the Nemcova v Fairfields Rents case (and we assume this means the lease contains a restriction on use other than as a private residence as per that case). The tenant now wishes to circumvent this alleged breach by letting the property on a one-year contract to a company who would then sublet to short term tenants. It is likely that this is a housing association type rental. Is this style of letting also in breach of the lease covenant prohibiting use other than as a private residence?
A tenant owns a leasehold flat which was previously used as an air bnb unit. The landlord has complained about this breach of covenant given the Nemcova v Fairfields Rents case (and we assume this means the lease contains a restriction on use other than as a private residence as per that case). The tenant now wishes to circumvent this alleged breach by letting the property on a one-year contract to a company who would then sublet to short term tenants. It is likely that this is a housing association type rental. Is this style of letting also in breach of the lease covenant prohibiting use other than as a private residence?
Q&As

An AST includes a start and end date but also describes itself as a periodic assured shorthold monthly tenancy. Therefore it is unclear whether it is a fixed term AST or whether it is a contractual periodic monthly assured shorthold tenancy. The landlord wants to recover possession. Should he serve a notice under s 21(1) or s 21(4)?
An AST includes a start and end date but also describes itself as a periodic assured shorthold monthly tenancy. Therefore it is unclear whether it is a fixed term AST or whether it is a contractual periodic monthly assured shorthold tenancy. The landlord wants to recover possession. Should he serve a notice under s 21(1) or s 21(4)?
Q&As

An undertenant is holding over an underlease which is protected by the LTA 1954. Renewal of the underlease is being considered. Can the undertenant force the landlord to grant/consent to a new underlease even though the tenant’s lease contains a break clause—exercisable before expiry of the term of the new underlease? What would happen in the event that the tenant did exercise its break clause?
An undertenant is holding over an underlease which is protected by the LTA 1954. Renewal of the underlease is being considered. Can the undertenant force the landlord to grant/consent to a new underlease even though the tenant’s lease contains a break clause—exercisable before expiry of the term of the new underlease? What would happen in the event that the tenant did exercise its break clause?
Q&As

Apart from enforcing a charging order, when can you apply for an order for sale of property?
Apart from enforcing a charging order, when can you apply for an order for sale of property?
Q&As

Are damages for diminution in value an alternative to damages for remedying a breach—do they exist separately or can you claim for both? Can you have a claim for diminution in value when repairs are already being carried out and what can give rise to diminution in value—is this simply damage to property or can it be other things as well?
Are damages for diminution in value an alternative to damages for remedying a breach—do they exist separately or can you claim for both? Can you have a claim for diminution in value when repairs are already being carried out and what can give rise to diminution in value—is this simply damage to property or can it be other things as well?
Q&As

Are non-statutory allotments subject to the provisions of the Allotment Acts?
Are non-statutory allotments subject to the provisions of the Allotment Acts?
Q&As

Can a common law residential tenancy agreement be rendered void for fraudulent misrepresentation?
Can a common law residential tenancy agreement be rendered void for fraudulent misrepresentation?
Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?
Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?
Q&As

Can a landlord forfeit a commercial lease for non-payment of rent following a hostile LTA 1954 section 25 notice being served where rental payment has fallen due but remains unpaid following service of the section 25 notice or would this amount to waiver?
Can a landlord forfeit a commercial lease for non-payment of rent following a hostile LTA 1954 section 25 notice being served where rental payment has fallen due but remains unpaid following service of the section 25 notice or would this amount to waiver?
Q&As

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