New Square Chambers

This Q&A considers a landlord’s right to forfeiture and to use the rent deposit to settle rent arrears after forfeiture.

This Q&A considers whether or not a term in a residential lease permitting a landlord to increase a tenant’s service charge contribution can be applied retrospectively.

This Q&A considers how long a notice seeking possession served under section 8 of the Housing Act 1988 (HA 1988) lasts and when it is deemed to have expired.

This Q&A looks at the notice period required of a tenant to end a statutory periodic tenancy continuing after the end of a fixed term AST.

This Q&A considers how a tenant can bring a lease to an end under LTA 1954.

This Q&A considers whether a personal representative can sell the only asset of an estate in order to pay a pecuniary legacy despite the opposition of the residuary beneficiary.

This Q&A considers how to apply for a discretionary grant of representation under section 116 of the Senior Courts Act 1981 where the named executor in the Will is unwilling to act.

This Q&A considers whether the appointment of a sole executor is sufficient where the Will creates a life interest and appoints the life tenant as sole trustee.

This Q&A considers issues surrounding obtaining possession of premises where there has been failures to serve energy performance certificates (EPCs); gas safety certificates and where the mortgagee has not been informed that the premises are let.

This Q&A considers the application of ITEPA 2003, Pt 7A to a situation where a shareholder has left shares to an employee in a Will.

This Q&A considers the situation where a couple are in the process of divorcing or dissolving their civil partnership when one of them dies intestate and the authority for stating that the survivor of a couple would no longer be entitled under the intestacy rules as a 'spouse' or 'civil partner' on the death of the other at the point that the final order or dissolution is made.

This Q&A considers whether a commercial landlord enter and remove its fixtures where the tenant has not complied with the obligation to maintain them and any accompanied risks.

This Q&A considers whether a person can be a first-time buyer for the purposes of stamp duty land tax (SDLT) relief where, pursuant to a Will, they were left a share of residue of an estate which included a property which was sold by the personal representatives (PRs) so that the person received money from the estate instead.

This Q&A considers whether a qualifying lease be extended more than once under the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A considers the provisions of TOLATA 1996 and the court’s ability to transfer one co-owner’s interest in premises to another.

This Q&A considers whether an employee of a company can act as a witness to the signature of a deed on behalf of that company.

This Q&A looks at whether an individual with a beneficial interest in a property by reason of a resulting or constructive trust be able to grant an assured shorthold tenancy of the property.

This Q&A case study considers a serious of questions arising from a situation where electricity cables run under a plot of land, but there is no evidence of a deed of grant or wayleave in relation to them.

This Q&A considers the duties of a second legal charge holder who enters into possession of the property in circumstances where the first legal charge remains unsatisfied. More specifically, the Q&A considers whether the second legal charge holder will need to pay the first legal charge holder before selling the property.

This Q&A considers the ability of statutory water undertakers to lay foul sewers on private land.