Tanfield Chambers

Experts

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Carl Fain
Tanfield Chambers
Christopher Bamford
Tanfield Chambers
Nora Wannagat
Barrister
Tanfield Chambers
Contributions by Tanfield Chambers Experts

132

If a lease registered at HM Land Registry has been terminated by operation of law and the landlord would
If a lease registered at HM Land Registry has been terminated by operation of law and the landlord would
Q&A

This Q&A considers whether a registered lease that has been surrendered by operation of law should be removed from the landlord's title at HM Land Registry before a new lease is granted to a third party.

If a licensee, who does not contribute towards rent or bills, was allowed to stay at a property for a
If a licensee, who does not contribute towards rent or bills, was allowed to stay at a property for a
Q&A

This Q&A considers whether the Protection from Eviction Act 1977 applies to a licensee who did not leave after being allowed to stay at a property by a family member as a gesture of goodwill.

If a maintenance company entered into a deed of covenant with flat owners to ensure the communal areas of
If a maintenance company entered into a deed of covenant with flat owners to ensure the communal areas of
Q&A

This Q&A considers the enforcement of a positive covenant to maintain communal areas.

If a one year assured shorthold tenancy (AST) is due to expire, but the tenant wants to stay on for five
If a one year assured shorthold tenancy (AST) is due to expire, but the tenant wants to stay on for five
Q&A

This Q&A looks at the options for a landlord when an assured shorthold tenancy is ending and the tenant wishes to stay for a short period but the landlord will wish to retain the ability to seek possession when required.

If a service charge demand is not accompanied by a Summary of Rights and Obligations (under the Landlord
If a service charge demand is not accompanied by a Summary of Rights and Obligations (under the Landlord
Q&A

This Q&A considers the whether the landlord is prohibited from pursuing forfeiture action against the leaseholder if there are arrears where a service charge demand is not accompanied by a Summary of Rights and Obligations (under the Landlord and Tenant Act 1985) and the leaseholder withholds payment.

If a squatter has adverse possession of land that is subject to a lease, and makes a successful
If a squatter has adverse possession of land that is subject to a lease, and makes a successful
Q&A

This Q&A deals with the consequences of a successful application by a squatter for adverse possession of registered leasehold land.

If a tenant has created an unauthorised sub-tenancy by way of an AST, would it be possible for the
If a tenant has created an unauthorised sub-tenancy by way of an AST, would it be possible for the
Q&A

This Q&A looks at whether a landlord is entitled to remove a sub-tenant following an unlawful subletting.

If an assured shorthold tenancy (AST) is in the name of landlord A, who later transferred their legal
If an assured shorthold tenancy (AST) is in the name of landlord A, who later transferred their legal
Q&A

This Q&A considers whether a formal assignment of an AST is required in order for a subsequent landlord to serve a valid section 21 notice and issue possession proceedings.

If the head lessee of one of a total of four blocks of flats comprising an estate successfully applies
If the head lessee of one of a total of four blocks of flats comprising an estate successfully applies
Q&A

This Q&A considers the situation of a head lessee of one of a total of four blocks of flats comprising an estate successfully applying for the RTM and whether the current estate service charge would be limited to just the common parts in respect of that block.

If you serve a section 8 notice citing ground 8 (six months' arrears and four weeks' notice) but the
If you serve a section 8 notice citing ground 8 (six months' arrears and four weeks' notice) but the
Q&A

This Q&A looks at whether a landlord who can no longer rely on ground 8 in a section 8 notice, because the tenant has paid the arrears, can instead rely on grounds 10 or 11 and issue proceedings within the original notice period.

In a block comprising two flats both owned by the same joint tenants, do the joint tenants have the right
In a block comprising two flats both owned by the same joint tenants, do the joint tenants have the right
Q&A

This Q&A considers if joint tenants in a block comprising two flats that they own have the right to collectively enfranchise under the Leasehold Reform, Housing and Urban Development Act 1993.

In a claim for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993, is
In a claim for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993, is
Q&A

This Q&A looks at how the two-year qualifying period for a lease extension applies when there has been a transfer between group companies.

In a landlord's defence opposing a tenant's lease renewal under the Landlord and Tenant Act 1954, how
In a landlord's defence opposing a tenant's lease renewal under the Landlord and Tenant Act 1954, how
Q&A

This Q&A looks at the level of detail to be provided in a landlord's defence to a tenant's claim for a new lease under the Landlord and Tenant Act 1954.

In a mixed use scheme as between head landlord and intermediate landlord of the residential part, who is
In a mixed use scheme as between head landlord and intermediate landlord of the residential part, who is
Q&A

This Q&A considers who is responsible for ensuring compliance with laws relating to residential tenancies in a mixed use scheme.

In a situation where a tenancy has been assigned in equity but not in law, who should be named as the
In a situation where a tenancy has been assigned in equity but not in law, who should be named as the
Q&A

This Q&A looks at whether a request under section 26 of the Landlord an Tenant Act 1954 should be made in the name of the legal or beneficial owner.

In an unopposed Landlord and Tenant Act 1954 lease renewal, the landlord has been asked to agree a
In an unopposed Landlord and Tenant Act 1954 lease renewal, the landlord has been asked to agree a
Q&A

This Q&A looks at the courts' approach to pandemic rent suspension clauses in renewals under the Landlord and Tenant Act 1954.

In determining the rent payable under a renewal tenancy pursuant to section 34 of the Landlord and Tenant
In determining the rent payable under a renewal tenancy pursuant to section 34 of the Landlord and Tenant
Q&A

This Q&A considers how the court determines the rent payable under a renewal tenancy pursuant to LTA 1954, s 34.

In relation to a newbuild property, the sale contract incorporates the standard conditions of sale with
In relation to a newbuild property, the sale contract incorporates the standard conditions of sale with
Q&A

This Q&A considers the effect on completion if a newbuild property is destroyed where the sale contract incorporates the standard conditions of sale with modification so that the property is at the seller's risk up and until completion. The contract also provides that where the seller has issued a certificate of practical completion and the property is destroyed, insurance proceeds will be paid to the buyer.

Is a demand served under section 166 of the Commonhold and Leasehold Reform Act 2002 invalidated if the
Is a demand served under section 166 of the Commonhold and Leasehold Reform Act 2002 invalidated if the
Q&A

This Q&A considers whether a demand under CLRA 2002, s 166 would be valid if the landlord serves a single demand encompassing several periods of ground rent.

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