XXIV Old Buildings

This Q&A considers a gift of proceeds of sale and the meaning of ‘net proceeds’.

This Q&A considers whether a separate notice is required when a leasehold title is being carved out of a freehold registered title with a unilateral notice.

This Q&A considers whether occupation by a tenant of the claimant for adverse possession amounts to factual possession in a claim for adverse possession of unregistered land.

This Q&A considers assignment by way of exchange and the time frame for such an assignment under the Housing Act 1985 (HA 1985).

This Q&A considers the problems which may arise in appointing a spouse as a deputy to a protected person and any how to resolve any apparent conflicts of interest between the parties.

This Q&A considers the requirements on the landlord to provide to the tenant an energy performance certificate (EPC), a gas safety record and certain other information before the commencement of the tenancy.

This Q&A considers the effect of a special condition relating to ‘occupier’s consent’.

This Q&A considers whether a deed of appointment is always necessary when appointing capital out of a discretionary trust and the formalities that may be required for certain exercises of power under WA 1837.

This Q&A considers the obligations upon a tenant under the Jervis v Harris rule.

This Q&A considers the meaning of ‘for domestic and light agricultural purposes’ in the context of the use of a right of way.

This Q&A considers whether there is anything that legally requires residential leaseholders in a block of flats to allow other leaseholders to access the building if they have lost their method of getting through the communal door.

This Q&A considers the limitation date for a claim in respect of a new build property with defects.

This Q&A the Landlord’s obligations to notify the tenant of its rights to a new lease, including any compulsory terms and remedies available to the tenant due to the landlord’s misrepresentation.

This Q&A considers whether trustees can sell property without consent where the property is held on a Will trust, the beneficiary was given a life interest and on death the capital goes to their children, and the interest is held subject to the repayment of a loan.

This Q&A considers whether a personal representative (PR) of a deceased tenant in common can be registered as the new joint proprietor of the property.

This Q&A considers residential flat leases that provide for the cost of internal and external decoration to be paid from a contingency fund and who the landlord should recover the decoration costs where the cost of decoration is not an item of capital expenditure.

This Q&A considers whether the right of first refusal provisions of the Landlord and Tenant Act 1987 apply to a building divided into rooms with en suite bathroom facilities, but where the residents share kitchen facilities.

This Q&A considers whether a grandchild has any standing to bring a claim against the deceased’s estate where he was not a child of the deceased or a person who was being maintained by the deceased immediately before her death.

This Q&A considers whether the landlord of commercial property can seek to recover the estimated costs of the replacement of the air-conditioning units in the building from the tenants by way of on account payments in relation to service charges.

This Q&A looks at management companies and service charges.