XXIV Old Buildings

Experts

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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

When selling the freehold reversion of a block of apartments, all let on long leases, is an energy
When selling the freehold reversion of a block of apartments, all let on long leases, is an energy
Q&A

This Q&A considers whether an EPC is required for every individual apartment in a block of apartments all let on long leases when selling the freehold.

Where a charging clause in a settlement allows for solicitors or other person engaged in any profession
Where a charging clause in a settlement allows for solicitors or other person engaged in any profession
Q&A

This Q&A looks at whether a company, which is not a trust company, can recover professional fees in light of the cases of Cooper, Re Campbell and Re Orwell’s Trust.

Where a deceased has not made a gift in their Will to an equal business partner, can a deed of variation
Where a deceased has not made a gift in their Will to an equal business partner, can a deed of variation
Q&A

This Q&A looks at the circumstances where a deceased has not made a gift in their Will to an equal business partner, whether a deed of variation can be used to gift the deceased share to the business partner if all residuary beneficiaries and executors are in agreement and some evidence has been found that shows that the deceased wanted this transfer.

Where a freehold property is being sold subject to long leases, but the seller must first serve a section
Where a freehold property is being sold subject to long leases, but the seller must first serve a section
Q&A

This Q&A considers whether a seller can enter into a contract for the sale of a freehold property subject to long leases conditional on the tenants not exercising their right of first refusal.

Where a landlord granted an assured shorthold tenancy for a fixed term which has expired and the tenancy
Where a landlord granted an assured shorthold tenancy for a fixed term which has expired and the tenancy
Q&A

This Q&A considers the form of section 21 notice a landlord should use to terminate the tenancy when an AST for a fixed term was granted but has expired and the tenancy has continued.

Where a landlord serves a section 25 notice pursuant to the Landlord and Tenant Act 1954 opposing the
Where a landlord serves a section 25 notice pursuant to the Landlord and Tenant Act 1954 opposing the
Q&A

This Q&A considers if a successor landlord can rely on a previous ground (f) section 25 notice at trial.

Where a licence to occupy is provided to a beneficiary in a Will and the Will also provides for the
Where a licence to occupy is provided to a beneficiary in a Will and the Will also provides for the
Q&A

This Q&A looks at what expenses are reasonable where a Will contains a licence to occupy and provides for the beneficiary to be able to sell the original property and purchase a replacement.

Where a long lease of a flat contains an absolute prohibition on keeping pets is to be assigned to a
Where a long lease of a flat contains an absolute prohibition on keeping pets is to be assigned to a
Q&A

This Q&A considers the legality of a prohibition to keep pets in a leased flat where the lessee is blind and requires a guide dog.

Where a private sewer connects to a public sewer, is the water authority under a duty not to adversely
Where a private sewer connects to a public sewer, is the water authority under a duty not to adversely
Q&A

This Q&A considers whether the water authority is under a duty not to adversely affect the private system when they carry out works to the public system, where a private sewer connects to a public sewer.

Where a property has been sold by two joint legal owners (no express declaration of trust) and the net
Where a property has been sold by two joint legal owners (no express declaration of trust) and the net
Q&A

This Q&A considers any remedies to a joint legal owner when net sale proceeds have been retained in their entirety by the other joint legal owner.

Where a property held in the deceased's sole name and subject to a mortgage (and without any life
Where a property held in the deceased's sole name and subject to a mortgage (and without any life
Q&A

This Q&A considers who is liable for an outstanding mortgage on a property which was solely owned by the deceased and left by them on a life interest trust.

Where a property is held as tenants in common by Will—trustees and an individual (X) and the terms of the
Where a property is held as tenants in common by Will—trustees and an individual (X) and the terms of the
Q&A

This Q&A looks at the rules in relation to the sale and purchase of replacement property under a Will trust, with reference to a case study.

Where a registered social landlord seeks a demotion order in respect of an assured tenancy, does the
Where a registered social landlord seeks a demotion order in respect of an assured tenancy, does the
Q&A

This Q&A considers the scenario where a registered social landlord seeks a demotion order in respect of an assured tenancy and looks at whether the order granted creates a demoted assured shorthold tenancy.

Where a tenant company has filed a company voluntary arrangement (CVA) and wishes to assign the lease,
Where a tenant company has filed a company voluntary arrangement (CVA) and wishes to assign the lease,
Q&A

This Q&A considers company voluntary arrangements and authorised guarantee agreements in respect of a tenant company assigning a lease. It considers what the landlord should do to deal with the tenant.

Where a tenant is leasing a car servicing garage situated on a farm, is an EPC required?
Where a tenant is leasing a car servicing garage situated on a farm, is an EPC required?
Q&A

This Q&A considers the requirements for an Energy Performance Certificate (EPC) in respect of a car servicing garage.

Where a transfer of part of registered land has been completed but cannot be registered because consent
Where a transfer of part of registered land has been completed but cannot be registered because consent
Q&A

This Q&A discusses when consent is necessary under a registered restriction which has not been granted.

Where dominant land has a right of way over servient land with an obligation to contribute to maintenance
Where dominant land has a right of way over servient land with an obligation to contribute to maintenance
Q&A

This Q&A considers the common law position on which the dominant owner of an easement can rely on where there is no obligation to enter and repair where the corporate servient owner has dissolved.

Where power is reserved to an executor, is a deed of appointment of new trustees executed only by the
Where power is reserved to an executor, is a deed of appointment of new trustees executed only by the
Q&A

This Q&A considers whether a deed of appointment of new trustees executed only by the proving executor is sufficient to appoint additional trustees to act in a continuing will trust, where power is reserved to an executor.

Where property is appointed out of a discretionary Will trust to the surviving spouse within two years of
Where property is appointed out of a discretionary Will trust to the surviving spouse within two years of
Q&A

This Q&A considers whether, if the property settled in a discretionary Will trust is appointed out to the testator’s surviving spouse within two years of the date of death, the deceased husband’s unused nil rate band will be available on the spouse’s subsequent death.

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