Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?When...

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?The Party Wall etc Act 1996 (PWA...

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge...

Legal Guidance

Q&As

Is a court approved settlement agreement settling a possession claim binding and valid due to the fact that the tenant was legally represented throughout the entire process of that settlement agreement being negotiated, signed and ultimately approved by the court or is the agreement void because the tenant did not understand the terms?

Is a court approved settlement agreement settling a possession claim binding and valid due to the fact that the tenant was legally represented...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Mar
Q&As

What remedies are available to a buyer whose solicitors have breached their duty of care (negligence) and acted in breach of retainer in failing (i) to use the correct forms of Land Registry transfer (ii) to include necessary grants and reservations of rights and imposition of restrictive covenants with the result that the buyer (a) cannot register the transfer with the Land Registry and (b) in circumstances where the seller is refusing to enter into new and correct forms of transfer?

What remedies are available to a buyer whose solicitors have breached their duty of care (negligence) and acted in breach of retainer in failing (i)...
31st Mar
Q&As

Can a (prospective) mortgagee (M) bring a negligence claim against solicitors who acted for it and the borrower (B) on a prospective purchase where the seller went into administration between exchange and completion and the solicitors had negligently failed to register an UN1 in relation to the sale contract?

Can a (prospective) mortgagee (M) bring a negligence claim against solicitors who acted for it and the borrower (B) on a prospective purchase where...
31st Mar
Q&As

Where a party has obtained three charging orders against the same debtor on three different properties, is it necessary to issue three separate Part 8 claims to obtain an order of sale, or can one Part 8 claim be issued for an order of sale for three properties, as the claimant and the defendant would be the same?

Where a party has obtained three charging orders against the same debtor on three different properties, is it necessary to issue three separate Part 8...
31st Mar
Q&As

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus (COVID-19). What should we do?

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Mar
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Q&As

Do you include in the claim form the non-debtor joint owner when issuing a Part 8 claim for an order for sale against a judgment debtor?

Do you include in the claim form the non-debtor joint owner when issuing a Part 8 claim for an order for sale against a judgment debtor?Note: for...
31st Mar
Q&As

The parties in a business lease renewal for two adjoining premises which are subject to two separate leases cannot agree the annual rent on renewal. Can one make a CPR Part 36 offer in respect of both leases in one letter or do two separate letters need to be sent?

The parties in a business lease renewal for two adjoining premises which are subject to two separate leases cannot agree the annual rent on renewal....
31st Mar
Q&As

When seeking to protect a judgment debt by obtaining a charging order under CPR 73 and Charging Order Act 1979, is it necessary to register both the interim charge and then subsequently the final charge (if ordered) or does registering both, unnecessarily duplicate time and legal cost? What could happen if I didn’t register both?

When seeking to protect a judgment debt by obtaining a charging order under CPR 73 and Charging Order Act 1979, is it necessary to register both the...
Produced in partnership with James Tunley of Lamb Chambers 31st Mar
Q&As

In circumstances where a debtor’s location is unknown despite attempts to trace them, including writing to their solicitor to arrange personal service, can a statutory demand be served by way of email and/or via a WhatsApp message, both of which have delivery confirmation software to establish if the account holder has downloaded and viewed content?

In circumstances where a debtor’s location is unknown despite attempts to trace them, including writing to their solicitor to arrange personal...
31st Mar
Q&As

What is the effect of a charging order against the beneficial interest of one (A) of three beneficial owners (A, B and C) of a property, which is subject to a life interest in favour of C, if the beneficial owners contract to sell the property?

What is the effect of a charging order against the beneficial interest of one (A) of three beneficial owners (A, B and C) of a property, which is...
31st Mar
Q&As

Where A and B are in dispute in relation to a piece of land owned by A, can B make a valid Part 36 offer to acquire A's land?

Where A and B are in dispute in relation to a piece of land owned by A, can B make a valid Part 36 offer to acquire A's land?CPR 36 contains a...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Mar
Q&As

My client was due to execute a settlement agreement by deed at our offices. Where that individual is no longer able or willing to travel, can they sign, and their signature be witnessed, remotely?

My client was due to execute a settlement agreement by deed at our offices. Where that individual is no longer able or willing to travel, can they...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Mar
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Q&As

When can you obtain a charging order to secure a costs judgment? Can you seek to enforce a debt by way of simultaneously seeking a charging order and issuing a statutory demand and will any security be given up in the event of bankruptcy?

When can you obtain a charging order to secure a costs judgment? Can you seek to enforce a debt by way of simultaneously seeking a charging order and...
31st Mar
Q&As

How should a charging order obtained against co-judgment debtors over their co-owned land be registered against their title, in respect of which there is no Form A restriction registered?

How should a charging order obtained against co-judgment debtors over their co-owned land be registered against their title, in respect of which there...
31st Mar
Q&As

What should I think about when planning on using the taking control of goods procedure to enforce a judgment debt, considering that social distancing measures might affect the work of certified enforcement agents and public auctions?

What should I think about when planning on using the taking control of goods procedure to enforce a judgment debt, considering that social distancing...
31st Mar
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Q&As

How can you challenge a witness statement in advance of trial or during trial, which is not written in the witness’s own native language?

How can you challenge a witness statement in advance of trial or during trial, which is not written in the witness’s own native language?In responding...
31st Mar
Q&As

In a claim for outstanding residential service charge arrears, is it a breach of the Pre-Action Protocol for Debt Claims to offer a 50% discount on the legal fees if the arrears are paid within 14 days of the date of the letter of claim?

In a claim for outstanding residential service charge arrears, is it a breach of the Pre-Action Protocol for Debt Claims to offer a 50% discount on...
31st Mar
Q&As

Should a claim for specific performance to enforce an agreement to transfer an interest in property, should the claim be issued as a Part 7 or Part 8 claim?

Should a claim for specific performance to enforce an agreement to transfer an interest in property, should the claim be issued as a Part 7 or Part 8...
31st Mar
Q&As

Given coronavirus (COVID–19), I am struggling to serve the claim form and the defendant will not agree to service by email. Can I just serve it by email and then rely on CPR 3.10 to validate service?

Given coronavirus (COVID–19), I am struggling to serve the claim form and the defendant will not agree to service by email. Can I just serve it by...
Produced in partnership with Lauren Godfrey of Gatehouse Chambers 31st Mar
tag iconCOVID-19
Q&As

Where a creditor has secured a judgment debt by way of a charging order, under CPR 73, and is subsequently granted an order for sale and delivery up of possession, what procedure would the judgment creditor follow to get possession where the debtor refuses to leave? Would they have to start possession proceedings under CPR 55, or would they just need to apply for a warrant/writ under CPR 83? If no order for delivery up was given, would this make a difference?

Where a creditor has secured a judgment debt by way of a charging order, under CPR 73, and is subsequently granted an order for sale and delivery up...
31st Mar

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