Hamlins

This Q&A considers the need to seek an indemnity from a purchaser for future payments of rentcharges.

This Q&A looks at what happens to the status of a lease when there are separate leases for individual flats and common parts of 99 years but jointly owned by a residents company controlled by the leaseholders.

This Q&A considers whether a court would be correct to adjourn a possession hearing where the landlord is represented by a letting agent as the instructed solicitor could not attend. The agent had first-hand knowledge of the matter and the proceedings.

This Q&A looks into collective enfranchisement and business leases.

This Q&A considers whether a landlord has to serve notice to recover possession and also needs a court order where the tenant is in arrears in a six-month lease of a garage used for residential purposes as there is no forfeiture clause.

This Q&A considers what can be done where form N119 was not filed with the Part 8 claim form.

This Q&A considers whether a landlord is required to serve a section 21 notice to recover possession of residential property subject to an assured shorthold tenancy upon death of the tenant, or whether the tenancy comes to an end following the tenant's death, entitling the landlord to immediate possession.

This Q&A considers whether if a sales contract contains a warranty that a fixture has been properly maintained, but it has not in fact been properly maintained, the fact that the fixture would have needed to be replaced shortly after the sale even if it had been maintained is a proper defence to a claim for breach of warranty. It assumes that the sale contract is for the sale of real property including the fixture.

This Q&A considers whether there is any caselaw demonstrating the court’s assessment of damages for misrepresentation where a vendor of a property has misrepresented the situation regarding nuisance neighbours, with damages being sought for loss of enjoyment, stress and inconvenience.

This Q&A considers when a HM Land Registry-compliant plan is required upon a Landlord and Tenant Act 1954 renewal.

This Q&A considers if and when a section 5 notice may need to be served on the leasehold and freehold title of a piece of land.

This Q&A considers a tenants’ right of first refusal pursuant to LTA 1987, s 5 what happens where the qualifying tenants do not pursue the purchase for six months after service of the initial notice, and, whether a landlord can enter into a standard transfer with the purchasers, despite the initial notice being served under section 5B (ie enter into a transfer which would ordinarily require a notice being served under section 5A).

This Q&A deals with a situation where the original buyer has positively covenanted to maintain a wall, and then covenanted by indemnity to the new buyer to observe and perform those covenants.

This Q&A considers when a section 42 notice to extend a lease will be valid.

This Q&A explores the consequences of a landlord’s notice in reply under the Leasehold Reform Act 1967 (LRA 1967).

This Q&A looks at the relevant rules in relation to service of a notice pursuant to section 42 or 45 of the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A considers the effect on a landlord’s interim rent application (contained in an Acknowledgment of Service) where an agreement for lease is subsequently entered into by the landlord and tenant, and the current tenancy loses the protection of Part II of the Landlord and Tenant Act 1954 pursuant to section 28.

This Q&A deals with a situation whether an option agreement binds successors-in-title where it does not expressly provide that it does, save to state express rights are reserved for the benefit of ‘the vendor and its successors-in-title’.

This Q&A considers the period of notice which must be given to determine an AST at the end of a fixed term where rent is paid weekly.

This Q&A considers the remedies available to a purchaser when their sale has not been finalised and the deposit has not yet been paid back to them.