Tanfield Chambers

This Practice Note, produced in partnership with William Willson of South Square Chambers and updated by Nora Wannagat of Tanfield Chambers, looks at decision-making in relation to company voluntary arrangement proposals. It discusses the decision procedure for creditors (including the particularities for contingent and secured creditors), voting rights, majorities, challenges and appeals.

This Q&A deals with the giving of notice by a landlord under LRHUDA 1993, s 45.

This Q&A considers whether a landlord is entitled to charge for the costs of supervising a commercial tenant collecting goods that have been left behind.

This Q&A considers whether a compnay’s execution of charge will be held valid if an employee of that company witnesses the signature of a director.

This Q&A considers the situation where a tenant (A) encroaches on land which is let to another tenant (B) of the same landlord for a period in excess of the limitation period, and A's lease subsequently determines.

This Q&A considers how to ensure that B and B’s successors have a right of access from their land over adjoining land.

This Q&A considers the impact of extending the duration of an option to buy property when another option to buy has previously been granted in the event of the first option lapsing.

This Q&A considers the need for an interim rent application when a landlord and tenant of a Landlord and Tenant Act 1954 lease have agreed terms for a new lease with a reduced rent.

This Q&A considers whether the original management company will need to enter into a deed of variation with the landlord and tenant if it no longer manages the site and it has transferred its obligations under the lease to a right to manage company under CLRA 2002.

This Q&As concerns whether a landlord can recover the costs of repairing the roof through the service charge if the cause of the water ingress is due to their own construction work following the construction of additional apartments in the airspace above an existing block of apartments.

This Q&A considers the steps that can be taken to enable a landlord to recover possession where they grant a 12-month AST and holds a deposit which is not protected with no prescribed information sent.

This Q&A considers whether a housing association’s lease is able to be protected under LTA 1954, Pt II.

This Q&A considers whether a notice under section 8 of the Housing Act 1988 can be relied upon by a new landlord after sale of the reversion.

This Q&A considers when a counterclaim to recover overpaid rent can be issued when a prescribed notice was not served after a rent increase.

This Q&A considers the serving of a rent demand notice where no personal representative has been appointed prior to the tenant’s death.

This Q&A considers whether conditions by the landlord could amount to unreasonably held or delayed consent.

This Q&A considers assignments of commercial leases and whether an assignor requiring an assignee to enter into an authorised guarantee agreement before granting a license to assign would be considered unreasonable.

This Q&A considers whether the tenant of a long residential lease should consent to variation of the lease so as to introduce a sinking fund and what to watch out for.

This Q&A considers who is entitled to claim the proceeds and what is the process for doing so in circumstances where a mortgagee repossessed and sold a property that was subject to (1) an equitable charge registered in the charges register and (2) a unilateral notice relating to a failure to complete a sale contract and the deposit paid under it. The mortgagee paid the surplus proceeds of sale into court.

This Q&A looks at the length of notice required for a notice of intention to sell goods under the Torts (Interference with Goods) Act 1977.