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Contributions by Hamlins Experts

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Can a landlord proceed to forfeit a commercial lease on the basis that a bankruptcy order has been made
Can a landlord proceed to forfeit a commercial lease on the basis that a bankruptcy order has been made
Q&A

This Q&A considers the circumstances in which the landlord can forfeit the lease and whether the right has arisen, including the tenants position if there has been wrongful forfeiture of the lease.

Can a landlord serve an s 21 notice to end an AST where it is in breach of its obligation to provide
Can a landlord serve an s 21 notice to end an AST where it is in breach of its obligation to provide
Q&A

This Q&A case study considers the information that a landlord must provide to a tenant before they are able to serve a section 21 notice to bring a tenancy to an end.

Can a Party Wall Act notice be withdrawn once it has been served?
Can a Party Wall Act notice be withdrawn once it has been served?
Q&A

This Q&A deals with the situation where someone has served a Party Wall Act notice and subsequently wishes to withdraw it.

Can a section 42 notice be served by the buyer's solicitors in between exchange and completion? If so,
Can a section 42 notice be served by the buyer's solicitors in between exchange and completion? If so,
Q&A

This Q&A covers a situation where the requirements under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) in respect of the lease and premises are satisfied, in particular LRHUDA 1993, s 7 and any other relevant sections.

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's
Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's
Q&A

This Q&A considers a situation where the Landlord’s agent wishes to electronically sign the section 5A notice. An electronic signature may be valid to enable the landlord’s agent to sign a LTA 1987, s 5A notice, but it is still safer to sign the notice with a wet-ink signature until a clear authority is created.

Can landlords in commercial leases offset rent arrears from the sale proceeds of goods that have been
Can landlords in commercial leases offset rent arrears from the sale proceeds of goods that have been
Q&A

This Q&A considers the scenario where, if a tenant leaves goods behind, the landlord must comply with the Torts (Interference with Goods) Act 1977 before they can sell or dispose of the goods.

Could a lease which is a long lease (for example 99 years) be classified as an assured shorthold tenancy
Could a lease which is a long lease (for example 99 years) be classified as an assured shorthold tenancy
Q&A

This Q&A considers whether a long lease can be deemed an assured shorthold tenancy and whether the grounds for possession under the Housing Act 1988 would apply to such a lease.

Does a prescriptive right attach ancillary rights? If A obtains a prescriptive right of way over B’s
Does a prescriptive right attach ancillary rights? If A obtains a prescriptive right of way over B’s
Q&A

This Q&A discusses whether a prescriptive right attaches to ancillary rights.

Following the rescission by a buyer of a contract to purchase a house, is the seller entitled to claim
Following the rescission by a buyer of a contract to purchase a house, is the seller entitled to claim
Q&A

This Q&A considers whether a seller who is in rescission of a contract is entitled to claim compensation from the buyer for expenses incurred in addition to forfeiting the deposit or whether their claim is limited to the forfeited deposit.

For adverse possession of registered properties, is there a case law which deals with whether occupation
For adverse possession of registered properties, is there a case law which deals with whether occupation
Q&A

This Q&A explores adverse possession in relation to registered property.

If a deed, which is registered as a legal charge on a property provides for the payment of interest, is
If a deed, which is registered as a legal charge on a property provides for the payment of interest, is
Q&A

This Q&A considers whether there is a limitation period which applies to the payment of interest clause of a deed.

If a dominant owner has an easement to drain into a septic tank and the tank is failing causing a
If a dominant owner has an easement to drain into a septic tank and the tank is failing causing a
Q&A

This Q&A considers whether, where there is a disturbance to an easement which is causing a nuisance to the dominant owner’s use of the easement, the dominant owner is entitled to carry out works itself, on and/or to the servient land, in order to abate that nuisance.

If a landlord re-enters a property following a final possession order to evict squatters and some
If a landlord re-enters a property following a final possession order to evict squatters and some
Q&A

This Q&A discusses how a landlord may dispose of possessions left by squatters with minimal risk of a civil claim being bought.

If a landlord serves an invalid notice under section 5 of the Landlord and Tenant Act 1987, does that
If a landlord serves an invalid notice under section 5 of the Landlord and Tenant Act 1987, does that
Q&A

This Q&A deals with the situation where the landlord has served an initial notice under LTA 1987, s 5 (section 5 notice), which is invalid, and then wants to serve a new section 5 notice.

If a lease does not contain a rent review clause for business property and it does not state the landlord
If a lease does not contain a rent review clause for business property and it does not state the landlord
Q&A

This Q&A considers whether if a lease does not contain a rent review clause for business property and it does not state the landlord can increase their prices, can they do so.

If a lease is terminated on the contractual expiry date and a tenant issues proceedings for a renewal, is
If a lease is terminated on the contractual expiry date and a tenant issues proceedings for a renewal, is
Q&A

This Q&A considers whether a tenant will be required to pay an invoice for advance rent that was issued after the lease is terminated where the tenant wishes to renew the lease.

If a residential lease stipulates that all rooms should be carpeted except the bathroom, can the tenant
If a residential lease stipulates that all rooms should be carpeted except the bathroom, can the tenant
Q&A

This Q&A considers whether a tenant covenant to lay only carpet in a flat would be infringed if some other sound proofing material were to be used.

If an owner has discovered adverse possession taking place, how can he prevent any applications being
If an owner has discovered adverse possession taking place, how can he prevent any applications being
Q&A

This Q&A considers factual possession, intention to possess, the requisite period, and the additional criteria under the Land Registration Act 2002.

If the tenant of a lease granted five years ago, which provides for a specific permitted use (with a side
If the tenant of a lease granted five years ago, which provides for a specific permitted use (with a side
Q&A

This Q&A deals with the question of consent to change of use of part only of a premises and consent to alterations.

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