Hamlins

This Q&A looks at improvements made by tenants and lease extensions.

This Q&A considers the requirements when completing the form ‘Leasehold 11’ (Application for Determination of Premium or Other Terms of Acquisition Remaining in Dispute) (‘the Form’) in particular whether (a) if there is a mortgage over the intermediate landlord’s interest in the property, it is necessary to include details of that mortgage in section 7; (b) it is acceptable at section 9 to merely refer to the Tenant’s Notice and Landlords Counter-Notice; and (c) an applicant’s solicitor can sign the application/statement of truth or the applicant must personally sign.

This Q&A looks at whether permission from the court will be necessary where one of the interested parties to a charging order resides outside the jurisdiction.

This Q&A considers the grounds for an application for permission to appeal to the First-tier Tribunal (Property Chamber) (FTT) in a residential property, agricultural land or drainage case.

This Q&A looks at who a break premium for the landlord goes to if there are joint landlords at separate addresses.

This Q&A considers whether a landlord can oppose a notice of discontinuance on the basis that the claim is not valid as it was never served if a business tenant issues a claim for a new lease under the Landlord and Tenant Act 1954 but does not serve it on the landlord and later serves a notice of discontinuance.

This Q&A explores whether the landlord of a commercial lease, which has expired with no schedule of dilapidations prepared, can claim the value of a rent free period which has been granted to a new tenant in return for performing the necessary repairs.

This Q&A looks at where a guarantor under a lease is not required to take a lease but rather pay a landlord a sum of money under the guarantee provisions in a lease, in order not to be a penalty and unenforceable, whether that amount should not exceed a reasonable estimate of the landlord's loss and would that be calculated by reference to the outgoings payable under the lease for a reasonable estimate of the time that it will take the Landlord to re-let the property.

This Q&A deals with a situation where a sub-tenant is seeking to stay in occupation of a property following the landlord’s interest being initially transferred to the crown as a result of liquidation.

This Q&A considers the Landlord and Tenant Act 1954 lease renewal process in a case study where a head tenant’s contractual term ended and the head tenant failed to complete a new lease with its landlord or subtenant (who continued in occupation).

This Q&A considers whether a neighbour can refuse to allow foundations for a new property to encroach onto their land, and refuse access for these works to be carried out.

This Q&A considers where a residential lease is forfeited by court proceedings but the tenant later pays all outstanding sums and the landlord agrees to the lease being reinstated, what the appropriate procedure to achieve this is.

This Q&A considers the situation where the landlord and tenant have referred a dispute to arbitration and an award has been made which the landlord seeks to enforce by issuing a claim for the arrears.

This Q&A considers adverse possession in the context of land which has been occupied by an adjoining owner prior to their death and the adjoining owner wishes to reassert their title to the land to interrupt any period of adverse possession.

This Q&A considers whether a landlord can ask for a suspended possession order where the order will not be enforced so long as arrears are paid and rent are kept up to date.

This Q&A deals with the situation where a freeholder has incurred service charge six years ago and has failed to issue a demand within 18 months of those costs being incurred.

This Q&A outlines the procedure to acquire the freehold interest in a property from an absent landlord.

This Q&A considers whether a tenant will occupy on a periodic lease/tenancy where the contractual term of a business lease has expired but the tenant has continued to occupy and pay the yearly rent in quarterly instalments and also considers where a tenant has continued to occupy following the expiry of a contracted out/excluded tenancy.

This Q&A considers the position as regards a commercial lease which affords the tenant a right to break the lease. It assumes that a tenant wishes to serve a break notice but the party who granted the lease is not yet the registered proprietor.

This Q&A deals with the situation where a garden wall, which adjoins a neighbouring property, has been damaged by contractors engaged by a home owner while works have been carried out.