XXIV Old Buildings

This Q&A considers an executor's duty to investigate a potential abuse of a power of attorney by the deceased testator's attorney during their lifetime. It also considers the options available to the beneficiaries of the estate if the executor fails to investigate and recover monies due to the estate.

This Q&A considers whether the right of first refusal under the Landlord and Tenant Act 1987 applies to a gift of the freehold to the two tenants of a building depending on the nature and composition of the premises, the nature of the tenancies held by the tenants, and the nature of the proposed transaction.

The Q&A considers whether an express written tenancy at will or an implied unwritten tenancy at will shall attract the ‘security of tenure’ under LTA 1954, Pt II and what period of notice is required.

This Q&A discusses whether a transfer document can be executed by the two executors of the last surviving joint tenant's estate only or whether another trustee has to be appointed to sign on behalf of the estate of the first of the two deceased's owners to die where there is a JP restriction on the title so the property was held by the two deceased owners as tenants in common and the property is still registered in the names of both of the deceased owners.

This Q&A considers the situation where a buyer wishes to purchase a property with the assistance of mortgage funding. It has been proposed that a declaration of trust is entered into which will provide that 60% of the equity in the property will belong to the buyer’s or borrower's parents and 40% of the equity will belong to the borrower. It looks at the risks for the lender in this type of arrangement.

This Q&A considers the claims of a charge holder seeking an order for possession or a third party with the benefit of a charging order seeking an order for sale over the same property. It goes on to consider which claim would have precedence over the other and whether one of the claims would be stayed.

This Q&A considers how the beneficiary of an intestate estate may obtain information from the personal representatives (PRs) about the estate administration.

This Q&A considers the scenario where a company takes an assignment of a commercial lease from an outgoing tenant, and the contract provides that the outgoing tenant will give vacant possession but does not provide a key to the rear access fire door.

This Q&A considers the procedure of enforcing a consent order relating to the legal title of a jointly owned property.

This Q&A considers whether a solicitor can act for both parties where they have agreed to separate, sell the jointly owned home and split the proceeds. This Q&A also considers whether they parties can formalise their agreement by a declaration of trust.

This Q&A discusses the obligation to repair a right of way.

The Q&A considers whether an existing tenant of land will automatically acquire the benefit of a right of way granted to their landlord after the date of the lease.

This Q&A considers whether an AGA will cover a continuation tenancy where the tenancy is protected by the Landlord and Tenant Act 1954.

This Q&A considers the scenario where a landlord of commercial premises has obtained an order for possession, plus a money judgment for rent and costs. After the hearing and one day before date of possession the tenant pays the judgment. The tenant then seeks to rely on section 55 of the Administration of Justice Act 1985 to claim that the tenancy is ongoing because the rent is up to date. This Q&A look at whether the lease is ongoing or whether the tenant has to make application for relief from forfeiture.

This Q&A considers whether a landlord who served a section 25 notice relying on ground (f) only, but subsequently offered the tenant alternative accommodation, still needs to pay statutory compensation.

This Q&A considers whether a deed of variation can be used to vary a lease when an interest is covered by two separate titles.

This Q&A considers whether there is a prescribed form for notifying the Landlord of the Nominated Purchaser of a Notice of Acceptance pursuant to the Landlord and Tenant Act 1987.

This Q&A considers extending a lease under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 where the party has owned the property for four years, but has recently (less than two years ago) bought out a former co-owner’s interest in the property and added his current wife to the title as joint tenant. Also if this affects his statutory right as a qualifying tenant and would he and his new wife need to wait for a further two years to expire for their joint ownership to qualify.

This Q&A considers the circumstances when a person has died intestate and the sole asset is a potential medical negligence claim following death.

This Q&A considers whether a grant of probate is required to remove deceased parents from the title register and whether there is a time limit in applying for such a grant.