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On the sale of a mixed use building which comprises a freehold title and a separate long leasehold title of a small area of ancillary land adjacent to this which has been built on, but its use is unknown, is it necessary to serve a notice under section 5 of the Landlord and Tenant Act 1987 in respect of the leasehold title as well as the freehold title?
Q&As
It has been assumed that the Landlord and Tenant Act 1987 (LTA 1987) applies to the mixed use building (in other words the residential element exceeds 50% of the internal floor area of the building (LTA 1987, s 1(3)) and the other relevant criteria are satisfied), so essentially the Q&A concerns whether the LTA 1987 applies to the adjoining land described above. If it does, then consideration needs to be given as to whether one notice could be served in relation to both interests or whether separate notices need to be served for each. The Law LTA 1987, s 1 gives a right of first refusal to qualifying residential tenants
On the sale of a property which has the benefit of an easement, is it possible to prevent the benefit of that easement from passing to the buyer? HM Land Registry practice guide 62 appears to indicate this can be done by excluding the passing of the benefit in the transfer in terms as set out in the guide. The seller does not wish to transfer the benefit of a right of way over an adjoining property as the family own the adjoining property. For complex reasons it will not be possible to enter into a formal deed of release. Will a clause in the transfer excluding the passing of the benefit of the right be sufficient to exclude the benefit on completion?
Q&As
An easement is a right that the owner from time to time of the benefitting land (often referred to as the dominant tenement) enjoys over adjacent land (the servient tenement). There are many types of easement, but common forms are rights of way or the right to passage of services (such as water,
On the sale of a residential flat within a 'relevant building' (for the purposes of section 117 of the Building Safety Act 2022 (BSA 2022)), does the landlord have to give a Landlord's Certificate if the lease of the flat is not a 'qualifying lease' under BSA 2022, s 119?
Q&As
This Q&A assumes that the 'relevant building' is in England. Sections 116–125 of the Building Safety Act 2022 (BSA 2022) and BSA 2022, Sch 8 set out provisions intended to protect leaseholders in multi-occupied residential buildings from certain costs associated with remediating historical building safety defects. Most of the protections apply just to ‘qualifying leases’, ie, under BSA 2022, Sch 8, paras 3–9. However, the protection under BSA 2022, Sch 8, para 2, ie, no service charge payable where landlord was responsible for defect or was associated with responsible party, applies to leases more generally. In order for a lease to be within the definition of 'qualifying lease' for the purposes of BSA 2022, s 119, it is necessary that (among other things, and subject to the important caveat below): ‘...at the beginning of
On the sale of a two party lease managed by an RTM company, should the assignee enter into the deed of covenant with the RTM company, the landlord or both?
Q&As
An RTM company operates by the statutory transfer of the management functions (ie including the management obligations) of the landlord, and/or any management company, to the RTM Company (Commonhold and Leasehold Reform Act 2002, CLRA 2002, ss 96(2), 97(2)). The transferred functions also include approvals and enforcement of the covenants under the lease. Similarly, the tenant's functions (and obligations, eg payment of service charge)
On the sale of new leasehold apartments where the intention is to transfer the freehold to a residents' management company (RMC) at the end of the development, would a landlord covenant in the apartment sale contracts (repeated in the leases when granted), requiring the landlord to transfer the freehold to the RMC on completion of the development, constitute a contract for the disposal of the freehold reversion and thus remove the need for the service of section 5 of the Landlord and Tenant Act 1987 notices as the disposal contract would have come into existence before 50% of the apartments had been sold to qualifying tenants? Would the RMC need to be a party to the apartment sale contracts in that situation?
Q&As
Section 1 of the Landlord and Tenant Act 1987 (LTA 1987) provides that a landlord shall not make a relevant disposal affecting any premises to which at the time of the disposal LTA 1987, Pt I applies unless a notice has been given pursuant to LTA 1987 s 5 to all qualifying tenants. Pursuant to LTA 1987 s 4(i) a
On the same claim form C1 brings a claim against D1 and C2 brings a claim against D2, C3 brings a claim against D3 and D4, C4 brings a claim against D1. They are proceedings that can be conveniently disposed of in the same claim (CPR 7.3). The amounts the claimants seek in damages are independent of each other. How is the court fee calculated? Do there need to be independent statements of value?
Q&As
Court fees Where a claimant issues a claim for a sum of money, a court fee will be payable. Generally, the fee will depend on the amount claimed in the proceedings. For further detail, see Practice Note: Court fees in civil proceedings. The relevant statutory instrument, the Civil Proceedings Fees Order 2008, SI 2008/1053, Sch 1, does not make any reference to CPR 7.3, or whether there is any impact on court fees by using a single claim form
On the transfer of a business, what is the effect on an employee’s continuity of employment of a break in employment and receipt of a statutory redundancy payment?
Q&As
The length of time for which someone has been continuously employed is important because: • there are some rights which a person only acquires after a particular period of continuous employment. For example, an employee must be continuously employed for: ◦ two years to bring a standard claim for unfair dismissal (if their period of continuous employment commenced on or after 6 April 2012) ◦ two years to be entitled to a statutory redundancy payment ◦ one month to be entitled to statutory minimum notice • the compensation for breach of many of the statutory rights increases according to the length of time that the employee has been continuously employed • many contracts give progressively greater benefits to employees the longer they work: for example, some employees become entitled to more sick pay once they have been working for a certain number of years For further information, see Practice
On the understanding that under section 19 of the Landlord and Tenant Act 1987 (LTA 1987), there is a requirement for 14 days to have elapsed from service of any default notice and there is a three-month limit under LTA 1987, s 17 for the nominated person to avoid losing rights, would it be a breach of LTA 1987 if proceedings are issued to the court before the 14 days have elapsed under an LTA 1987, s 19(2) notice? Could a nominated party issue proceedings to the First-tier Tribunal before the 14 days have elapsed?
Q&As
Section 1 of the Landlord and Tenant Act 1987 (LTA 1987) (Part I) covers qualifying tenants’ right of first refusal on disposals of premises by a landlord. Pursuant to LTA 1987, s 1 a landlord shall not make a relevant disposal affecting any premises unless he has served a notice with respect to the disposal on qualifying tenants of the flats contained in those premises, conferring rights of first refusal on those tenants. ‘Qualifying tenants’ are as defined at LTA 1987, s 3 and
On the updated court Form N260B, tab 3—Profit Costs, can an extra activity option be added where it currently only allows for you to pick: ‘plan’, ‘prepare’, ‘draft’ or ‘review’? If you have several differently graded people working on a case and need more than eight rows, is it possible to add them?
Q&As
Amending the form As part of the 104th update—Practice Directions Amendments accompanying the Civil Procedure Rules (CPR), the Ministry of Justice introduced a new Practice Direction, CPR PD 51X. This is called the statement of costs for summary assessment pilot scheme. If subject to the pilot scheme, CPR PD 51X, para 4 provides that Form N260B (model form statement of costs for the costs up to trial) should be used where the matter proceeds to trial. At the end of July 2019, updated forms were circulated (see: Form N260B: Trial costs for summary assessment). This is in a spreadsheet form (xls file) and does not include an option on the drop-down fields under the activity column on Tab 3 (profit costs) for ‘plan, prepare, draft, review’.
On what basis can a local authority issue a simple caution to an individual and does it include the power to seek the reasonable costs of conducting the investigation from the offender?
Q&As
Simple cautions for adults are a non-statutory disposal and are available only in respect of persons who have attained the age of 18 years. Their use is governed by section 17 of the Criminal Justice and Courts Act 2015 (CJCA 2015). CJCA 2015, s 17 applies to all offences irrespective of when the offences were committed. For further information, see commentary: Simple cautions: Blackstone’s Criminal Practice [D2.24] and Practice Note: Alternatives to prosecution for adults. Section 222 of the Local
On what basis could a claimant seek compensation by way of a civil claim for damage to its property, where the defendant has been convicted for criminal damage?
Q&As
Section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000) empowers the criminal courts to make compensation orders by means of or ancillary to sentences following convictions for criminal offences. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), imposes an express duty on the court to consider ordering a person convicted of an offence to pay compensation. For further information, see Practice Note: Compensation orders in criminal cases. Where no compensation order has been made as part of the criminal proceedings and it is not
On what basis must a draft supplementary planning document be made available for a period of at least three months?
Q&As
In England, the preparation and adoption of supplementary planning documents (SPDs) is governed by the Town and Country Planning (Local Planning) (England) Regulations 2012 (TCP(LG)R 2012), SI 2012/767. TCP(LG)R 2012, SI 2012/767, reg 12(a) requires the local planning authority (LPA), before adopting an SPD, to prepare a statement setting