XXIV Old Buildings

Experts

5

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Edward Cumming
XXIV Old Buildings
Helen Galley
XXIV Old Buildings
Matthew Watson
XXIV Old Buildings
Owen Curry
XXIV Old Buildings
Timothy Sherwin
XXIV Old Buildings
Contributions by XXIV Old Buildings Experts

148

Does a solicitor have a duty to advise a client to exercise a statutory right to extend a lease of a
Does a solicitor have a duty to advise a client to exercise a statutory right to extend a lease of a
Q&A

This Q&A looks at the scope of solicitors’ duties to give clients advice.

Does an original tenant under an old lease, who is being pursued by the current landlord under privity of
Does an original tenant under an old lease, who is being pursued by the current landlord under privity of
Q&A

This Q&A considers section 17 notices under the LT(C)A 1995 and when they need to be served.

Does property demised by a lease, which does not include the structural roof or the foundations, fall
Does property demised by a lease, which does not include the structural roof or the foundations, fall
Q&A

This Q&A discusses whether property demised by a lease, which does not include the structural roof or the foundations, falls under the definition of a house for the purposes of the Leasehold Reform Act 1967 or is a flat under the Leasehold Reform, Housing and Urban Development Act 1993.

For the purposes of section 213 of the Housing Act 2004, where a deposit is paid to a landlord before an
For the purposes of section 213 of the Housing Act 2004, where a deposit is paid to a landlord before an
Q&A

This Q&A discusses at which point the 30-day period is calculated from within the context of HA 2004, s 213.

How can an express declaration of trust be terminated if both parties wish to terminate it? The parties
How can an express declaration of trust be terminated if both parties wish to terminate it? The parties
Q&A

This Q&A considers how to terminate an express declaration of trust if both parties wish to terminate it and remove a restriction from the land register.

How do you swear an oath during the coronavirus (COVID-19) pandemic where there may be problems with a
How do you swear an oath during the coronavirus (COVID-19) pandemic where there may be problems with a
Q&A

This Q&A considers e-signing of oaths during the coronavirus (COVID-19) pandemic.

How will the provisions of the Housing and Planning Act 2016 affect property enfranchisement
How will the provisions of the Housing and Planning Act 2016 affect property enfranchisement
Q&A

This Q&A looks at changes to the law of enfranchisement by the Housing and Planning Act 2016.

If a beneficiary of an estate brings a claim against the estate which is not a claim under the 1975
If a beneficiary of an estate brings a claim against the estate which is not a claim under the 1975
Q&A

This Q&A considers the position of personal representatives where beneficiaries wish to bring a claim against an estate, not under the Inheritance Act 1975.

If a husband and wife hold shares in a company jointly, what happens on the death of one of them? Will
If a husband and wife hold shares in a company jointly, what happens on the death of one of them? Will
Q&A

This Q&A considers what happens to shares owned jointly by a husband and wife when one of them dies.

If a landlord and tenant of a Rent Act 1977 tenancy are in agreement that the tenant will move from one
If a landlord and tenant of a Rent Act 1977 tenancy are in agreement that the tenant will move from one
Q&A

This Q&A considers a situation under law where a landlord and tenant of a Rent Act 1977 tenancy agree that the tenant will move from one flat to another with the new lease also being a protected tenancy.

If a landlord fails to serve a section 45 counter notice, but the lease extension is completed, is the
If a landlord fails to serve a section 45 counter notice, but the lease extension is completed, is the
Q&A

This Q&A discusses how a landlord’s ability to recover costs under LRHUDA 1993, s 60 can be negatively affected by a failure to serve a section 45 counter notice.

If a lease is descriptive as to what is included in each demise in most respects, but is silent on
If a lease is descriptive as to what is included in each demise in most respects, but is silent on
Q&A

This Q&A looks at whether a loft is included in the demise of a first floor flat, where the lease is descriptive of what is included in each demise, but is silent on whether the loft space is included in the first floor flat.

If a lease provides an obligation on the tenant to provide an authorised guarantee agreement (AGA) on
If a lease provides an obligation on the tenant to provide an authorised guarantee agreement (AGA) on
Q&A

This Q&A considers whether there are any circumstances in which the tenant can argue that an authorized guarantee agreement is not needed because it is unreasonable for the landlord to request one.

If a person pays a debt on behalf of a deceased testator (after death), do they then become a creditor
If a person pays a debt on behalf of a deceased testator (after death), do they then become a creditor
Q&A

This Q&A considers if a residuary beneficiary pays off the mortgage on a property left to another beneficiary under the Will, how will the debt to the residuary beneficiary be treated in the estate administration.

If a person, acting as attorney for the person entitled to act as the personal representative of an
If a person, acting as attorney for the person entitled to act as the personal representative of an
Q&A

This Q&A considers, if a person, acting as attorney for the person entitled to act as the personal representative of an estate, extracts a grant 'for the benefit and use of' that other person, what rights, duties and obligations in relation to the estate does the attorney have.

If a section 146 notice has been served for unauthorised alterations (once and for all breach), and the
If a section 146 notice has been served for unauthorised alterations (once and for all breach), and the
Q&A

This Q&A looks at whether service of a section 146 notice in relation to a breach of lease would amount to a waiver of the right to forfeit for earlier breaches of covenant.

If a tenant company pays the rent via a different company would this amount to an unauthorised subletting
If a tenant company pays the rent via a different company would this amount to an unauthorised subletting
Q&A

This Q&A considers whether rent paid via a different company would amount to an unauthorised subletting and if this creates a protected tenancy in favour of the other company.

If a vendor sells a commercial property without obtaining an energy performance certificate, what are the
If a vendor sells a commercial property without obtaining an energy performance certificate, what are the
Q&A

This Q&A considers the effect of a vendor selling a commercial property without obtaining an EPC.

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