Refine By
Clear all filter
About 91012 results for "*"
Where a freehold registered title states that mines and minerals are excepted from the title, should a purchaser seek indemnity insurance for compensation?
Q&As
Mines and minerals are properly the subject of an exception, not a reservation, as the minerals are part of (and so ‘excepted from’) the land being conveyed. If excepted, the minerals are not conveyed. The exception of minerals, which is of no advantage unless a right to work them is added, necessarily implies the existence of a power to recover the minerals and of the right of working. However, certain rights may not be included. In particular, clear words must be used where a right to break open the surface is required
Where a freehold residential property transfer imposes an obligation on the transferee to pay an annual contribution towards the cost of the maintenance of private roads and other private areas, can this be construed as a rent charge even if this terminology is not used in the transfer deed?
Q&As
When selling a freehold property, sellers may wish to create positive covenants for future owners to perform. Problems may arise with the enforcement of positive covenants against successors. Covenants in leases bind the original tenant and their successors in title but positive covenants in freehold sales do not. An estate rentcharge may be used as one of the ways to protect and enforce covenants on freehold property. Section 1 of the Rentcharges Act 1977 (RA 1977) defines a rentcharge as ‘any annual or other periodic sum charged on or issuing out of land except (a) rent reserved by a lease
Where a freehold subject to a long lease of non-domestic property is sold, is an energy performance certificate (EPC) required? The lease pre-dates EPC legislation and was originally granted as a long lease of bare land now built on by the tenant.
Q&As
In the circumstances of this query, an energy performance certificate (EPC) will be required. It is assumed that the property does not fall within any of the exemptions in the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118,
Where a freehold subject to residential tenancies is to be disposed of but an agreement of lease in place was granted prior to any disposals of the leasehold flats to create an intervening management lease, must the lease to the management company be completed so that the management company becomes the immediate landlord in order to avoid the tenants’ right to buy under the Landlord and Tenant Act 1987 or is the agreement itself sufficient?
Q&As
The right of first refusal is provided by Part I of the Landlord and Tenant Act 1987 (LTA 1987) as amended by the Housing Act 1996. Essentially, in certain circumstances, qualifying tenants have the right of first refusal to purchase the freehold of a property when their landlord proposes to make a disposal affecting the whole or part of the premises. The right of first refusal applies where premises: • consist of the whole or part of a building • contain two or more flats held by qualifying tenants, and • the number of flats held by qualifying tenants exceeds
Where a freehold title subject to residential leases vests in a trustee in bankruptcy, assuming that all other conditions are met, is the trustee required to give notice, under section 5 of the Landlord and Tenant Act 1987, to the leaseholders of any disposal of the freehold title? Or is the trustee exempt from this requirement?
Q&As
Part I of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. The right is framed in negative terms, prohibiting the landlord from making a relevant disposal without first serving a notice under LTA 1987, s 5 (commonly referred to as a ‘section 5 notice’) on the qualifying tenants and requiring that the disposal is made in accordance with the statutory requirements. Vesting of the bankruptcy estate in the trustee in bankruptcy under section 306 of the Insolvency Act 1986 In
Where a freehold title to a block of flats has been purchased by way of collective enfranchisement but not all of the tenants joined in, is it necessary for rent authority letters to be served or can the same result be achieved by simply serving notice under section 3 of the Landlord and Tenant Act 1985?
Q&As
A rent authority letter is a letter which informs lessees that the freehold owner has changed, specifically to inform the lessees that the rent must be paid to the new freeholder. When certain lessees within a block purchase the freehold of a building they will typically form a company of which each of the enfranchising lessees becomes a director. The leases still exist, and there will
Where a freeholder of a residential block (where flats are let on long leasehold) wishes to grant 999-year leases of the roof/roof space for the purpose of development of additional stories, must the freeholder serve notice pursuant to section 5 of the Landlord and Tenant Act 1987, and if so, are there any exemptions which might apply, eg if the freeholder were to grant a lease of the roof for an airspace to an associated company?
Q&As
Under section 1(1)(2) of the Landlord and Tenant Act 1987 (LTA 1987) (where relevant to this Q&A): ‘…(1) A landlord shall not make a relevant disposal affecting any premises to which at the time of the disposal this Part applies unless— (a) he has in accordance with section 5 previously served a notice under that section with respect to the disposal on the qualifying tenants of the flats contained in those premises (being a notice by virtue of which rights of first refusal are conferred on those tenants); and ……. (2) Subject to subsections (3) and (4), this Part applies to premises
Where a freeholder owns a commercial property subject to many existing leases that do not contain the landlord’s option to break, can it dispose of the property to a third party by way of a leasehold interest? How can the superior leasehold interest can be created in this case? Will all the existing leases become underleases and the freehold owner will no longer be the landlord to the existing tenants? What type of lease will need to be used in this scenario?
Q&As
We cannot give legal advice, nor comment on commercial issues such as the structuring of a particular transaction. A concurrent lease is a lease that: • demises premises that consist of (or include) premises that are already let to at least one other tenant, and • grants a term that runs at the same time as the term(s) of the existing lease(s) (ie,
Where a gas safety certificate was in force at the commencement of an assured shorthold tenancies, but was not served and has now been lost (and so cannot be served late), does that mean that the landlord cannot validly serve a section 21 notice?
Q&As
In order to serve a valid notice pursuant to section 21 of the Housing Act 1988 (HA 1988), a landlord must comply with various pre-conditions. One of these pre-conditions is a requirement to have served a valid gas safety certificate on the tenant pursuant to the Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451, reg 36(6) or (7). Ideally, this
Where a general partnership enters into a voluntary arrangement, can the partners be pursued personally for the partnership debts?
Q&As
Part II of the Insolvent Partnership Order 1994 (IPO 1994), SI 1994/2421 as amended by the Insolvent Partnership (Amendment) (No 2) Order 2002, SI 2002/2708 applies the provisions of Part I of the Insolvency Act 1986 on company voluntary arrangements to insolvent partnerships by means of a PV. For information on voluntary arrangements in the context of general partnerships, see Practice Note: Voluntary arrangement of general partnerships. For
Where a gift has been made to the nuns of a named religious institution and the religious institution no longer exists but a nun from the religious institution still survives, does the gift fail or does the surviving nun receive the gift?
Q&As
Although it will depend on the precise wording of the gift, it could be construed as a charitable gift for the advancement of religion. If so, please refer to Q&As: Can a legacy made in a Will to a charity which no longer exists go to a different charity which has resumed their work? If so, do I need to apply to the Charity Commission and apply the cy-près doctrine to do this? and How should a
Where a gift of a share in a property is made to a spouse for life or until they cohabit, does it constitute a life interest in the testator’s share of the property? Where a Will contains the same clause but subsequent to its execution the property is sold and a replacement purchased by the spouses as joint tenants would that clause be of no account and instead the survivorship rule apply to the property?
Q&As
In answering this Q&A, we have assumed that when the testator executed the Will, he and his wife owned a property as tenants in common. Gift of share of property Testamentary provisions dealing with a couple's residence will normally be conditioned by their wish that the survivor should be able to go on living there and should be able subsequently to change the residence for another (particularly for a smaller one) if he or she desires. The simplest, and probably the best, way of achieving the aim is for the surviving spouse/civil partner to become the owner, absolutely or as life tenant, of the whole residence.