Refine By
Clear all filter
About 91978 results for "*"
I act for the tenant in a statutory lease extension claim under the Leasehold Reform, Housing and Urban Development Act 1993. A section 42 notice was served on the landlord, and terms for the new lease were agreed. The landlord then required payment of £10,000 service charges before completing the new lease. The landlord and tenant are in dispute as to whether the service charges are due, and the amount. Can the landlord require payment of disputed service charges before completing the new lease?
Q&As
Under Section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) a landlord shall be bound to grant a new lease to a qualifying tenant subject to: • service of a valid notice in accordance with Section 42 of the Act (Section 42) • payment of any premium and any other amounts payable by virtue of Schedule 13 (Schedule 13 part 3) and Section 56(3) (Section 56) by the tenant to the landlord Accordingly, if there are outstanding amounts payable,
I am a shareholder in company X. A director obtained legal advice on behalf of company X and I would like to see it. The director has claimed the document is privileged. Am I entitled to see it?
Q&As
Privilege comes in a number of forms and is a means of seeking to prevent an opponent from being able to inspect various disclosable documents. For guidance on privilege, including how it can arise, how it can be lost or waived and the implications of doing so (whether purposefully or inadvertently), see: Privilege and without prejudice communications—overview. This, in turn, links through to more detailed guidance on each of these, and many other, aspects of privilege. A distinction needs to be drawn between disclosure and inspection in the course of litigation, and inspection of documents other than in the course of litigation. See Practice Note: Disclosure under CPR 31—introduction. In the course of litigation, a company will generally be required to disclose to shareholders legal advice on the running of the company’s affairs, where it has
I am about to issue mortgage proceedings for possession of non-residential land. The court fee will be £355 in the county court or £528 in the High Court. The value of the land is likely to be very much less than what will be achieved by selling it, so I am likely to seek a money judgment as well (rather than the norma ‘money claim adjourned with liberty to restore provision’). The debt secured is around £1million. Do I also need to pay a fee calculated with reference to the amount of the claim?
Q&As
The first question is the procedure to be followed for the commencement of the claim for possession. CPR Part 55 must be used where the claim includes a possession claim brought by a mortgagee (CPR 55.2(1)). The claim may be commenced in any county court hearing centre. Although it will be issued in the centre where it is commenced, if that centre does not serve the address where the land is situated, the claim will be sent to the hearing centre which does (CPR 55.3(1)).
I am acting for a Tenant who has agreed to take a new sub-lease of commercial premises for a term of 5 years. The landlord’s solicitor has provided a copy of the head lease and a new draft lease by reference. The new lease is not drafted by reference to the head lease. Instead, it has been drafted by reference to a lease to the previous tenant (which has expired). The premises have been vacant for some months. As a matter of construction, is it acceptable to complete a lease by reference to an expired lease to a previous tenant?
Q&As
It is of course commonplace for a long leaseholder of commercial premises to sub-let those premises for a shorter term (here, five years), and most long leases will contain provisions in this regard. It is often the case that such sub-leases will make reference to the head lease and oblige the sub-tenant to take on the obligations of the head lessee towards the freeholder, or to provide an indemnity, or both. It is therefore frequently
I am acting for a client in two related matters with the same third-party. The third party has a solicitor for one matter but my client wishes me to write directly to the third party on the second matter. Can I do this?
Q&As
We are not aware of any guidance from either the Law Society or the Solicitors Regulation Authority (SRA) on this particular point, but the SRA requires that you do not abuse your position by taking unfair advantage of others. Guidance to rule 10 of the Solicitors’ Code of Conduct 2007 (the 2007 Code of Conduct) expanded on this. While this no longer forms part of the SRA Standards and Regulations, it is a useful summary of the issues involved: ‘Particular
I am acting for a group of tenants in a collective enfranchisement matter under the Leasehold Reform, Housing and Urban Development Act 1993. A section 13 notice has been served. Can the participants eject or expel any individual participant from the claim that they no longer want as part of the claim?
Q&As
Paragraph 15 of schedule 3 to the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides: (1) The initial notice shall not be invalidated by any inaccuracy in any of the particulars required by [or by virtue of] section 13(3) or by any misdescription of any of the property to which the claim extends. (2) Where the initial notice— (a) specifies any property or interest which was not liable to acquisition under or by virtue of section 1 or 2, or (b) fails to specify any property or interest which is so liable to acquisition the
I am acting for a landlord granting a lease to a tenant with a guarantor. My client is concerned about the tenant’s financial position. Are there any precautions we should take prior to completing the lease?
Q&As
Best practice is to carry out checks to ensure there is no undue influence on the guarantor as there is a risk that the landlord will be taken to have constructive knowledge of any such undue influence so as to render the guarantee unenforceable. A contract is voidable where a person is induced to enter into a transaction by undue influence. Undue influence arises where the transaction is to the manifest disadvantage of the person subjected to
I am acting for a landlord who granted a lease of a church to a religious group in 1970. The original tenant and the landlord now wish to renew the lease and I am unsure whether it is protected under the Landlord and Tenant Act 1954. The permitted use for the property is religious activities, mass, prayers, etc
Q&As
The answer to this Q&A will depend on whether use as a church qualifies as business use for the purposes of Part II of the Landlord and Tenant Act 1954 (LTA 1954). Ross: Commercial leases, Division P, Chapter 1, Section D, paragraph 4 states at footnote 26 that: 'The word 'business' extends to all cases where work is done for payment' However,
I am acting for a landlord who granted a seven-year contracted out lease on 1 September 2010. The lease contained a mutual rolling option to break (on not less than six months’ notice). The landlord served notice in September 2014 to bring the lease to an end in March 2015. Since March 2015, the landlord and tenant have been discussing terms for a new lease (of part of the original demise), and the tenant has remained in occupation of the whole. The actions of both parties would impliedly suggest that they agree to the withdrawal of the notice. Would a new lease automatically arise in these circumstances (albeit a protected tenancy)? If so, would this be on the terms of the previous lease—including the original expiry date, or would this be a periodic tenancy? Alternatively, as the parties have been discussing terms for a new lease, could the tenant's occupation be deemed an implied tenancy at will pending the grant of a new contracted out tenancy?
Q&As
Has the break notice been withdrawn and, if so, what will be the terms of the tenant’s
I am acting for a lender who wants to make a demand under a guarantee—what considerations are there before making the demand?
Q&As
Contractual requirements The first and most obvious task is to check the provisions of the guarantee. Depending on the drafting of the guarantee, a demand may be a condition precedent to the guarantor’s liability. If so, you will need to ensure that the demand complies strictly with the contractual requirements. Although it may seem very technical, the courts are surprisingly willing to allow guarantors to avoid liability (at least in the short term) based on technical failings. Method of service Guarantees often provide that the demand must (or may) be sent by a particular method or to a particular address. There may be debate about whether a particular method of service is mandatory or permissive. The authors of Andrews & Millett ‘The Law of Guarantees’ (7th edition) consider that there is no reason in principle why demand could not be given
I am acting for the proprietor of a residential property. The property was initially let to an individual under an assured shorthold tenancy which had rolled over into a periodic tenancy. Now also living in the property, though not named a party to the lease, is the tenant’s daughter. The tenant has recently died and my client wants to recover possession against the daughter who has refused to move out. What is the procedure for gaining possession in these circumstances?
Q&As
1 Does the father’s estate have any interest in the property Depending on the conclusion reached regarding succession and implied periodic tenancy issues below, the father’s interest under the assured shorthold tenancy (AST) may have devolved under his will, to the extent that there would still be a valid AST in existence when the tenant is no longer in occupation of the property. 2 Does the daughter occupy under an AST? Succession Section 17 of the HA 1988 provides that where a sole tenant dies and immediately prior to their death their spouse or civil partner occupied the property as
I am acting on a transaction where overage is to be paid as a fixed amount upon the grant of planning permission for a dwelling and this will bind successors in title. Should the overage conditions be included in the transfer or the contract? When does the stamp duty land tax (SDLT) relief acquisition by a property trader from personal representatives apply and if it does, is the entire consideration (including overage) free from SDLT?
Q&As
Overage It is common practice for overage provisions to be included in the transfer or in a separate deed to be registered at the Land Registry. There are various reasons why it is usually included in the transfer rather than the contract, including to take advantage of the 12-year limitation period applicable to deeds and for ease of noting the provisions at the Land Registry. In addition, a contract falls away on completion (although it is possible to include a provision to ensure that the contract remains in force in relation to any matters which have not been performed