Under Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), long leaseholders of flats in mainly residential buildings (subject to certain exceptions) have the right to take over the management of the building. A right to manage (RTM) company operates by the statutory transfer of the management functions (ie including the

A tenant of a business lease has a statutory right to a lease renewal under the Landlord and Tenant Act 1954 (LTA 1954). Where the tenant does not want the tenancy to continue, it can serve a notice on the landlord under LTA 1954, s 27(1). If the tenancy is already continuing under LTA 1954, s 24 the tenant can serve a notice to bring the tenancy to an end under LTA 1954, s 27(2). Where there are joint tenants the notice must be given by all of the tenants.

Section 60(1)–(2) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides that: ‘(1) Where a notice is given under section 42, then (subject to the provisions of this section) the tenant by whom it is given shall be liable, to the extent that they have been incurred by any relevant person in pursuance of the notice, for the reasonable costs of and incidental to any of the following matters, namely— (a) any investigation reasonably undertaken of the tenant's right to a new lease; (b) any valuation of the tenant's flat obtained for the purpose of fixing the premium or any other amount payable by virtue of Schedule 13 in connection with the grant of a new lease under section 56; (c) the grant of a new lease under that section; but

In this Q&A it has been assumed that the leaseholder is entitled or has consent to undertake the works to the structural wall under the terms of the lease. For further information, see Alterations and improvements for property disputes lawyers—overview. Where lands of different owners adjoin and, at the line of junction: • those lands are built on, or • a boundary wall, being a party fence wall or the external wall of a building, has been erected A building owner has the right to undertake various types of repairs to the party wall under section 2 of the Party Wall etc Act 1996 (PWA 1996). Under PWA 1996, s 20, a party structure is a party wall or a floor partition

We refer you to section 15(2) of the Methodist Church Act 1976: ‘If any will (whenever executed) coming into operation after the commencement of this Act shall contain a devise or bequest giving, or having effect by virtue of section 8 (Future trusts for benefit of uniting churches) of this Act as if it were expressed to give, any property to any Local Church or Circuit or to the trustees or managing trustees of any Local Church or Circuit without any express declaration of trust affecting such property, then such will shall have effect in all respects as if such devise

Where a Will is silent as to whether a legacy bears the inheritance tax on it, it will be free of inheritance tax and the legatee will receive the gross

This Q&A assumes that: • the easement was granted by express grant • the easement was granted in a deed of grant or transfer on or after 13 October 2003 This Q&A directs you to: Checklist for the creation and registration of easements, which explains that: • the express grant of a legal easement must be made by deed—see: ‘Has the easement been created by express grant’ • the express grant or reservation by deed of an easement over unregistered land for an interest equivalent to an estate in fee simple absolute in possession or for a term of years absolute is not a registrable disposition and will take effect at law without being registered. However, there are still steps which can be taken to protect the easement by registration—see: ‘Is the easement an express grant contained in a deed of grant or transfer?’

Where a lease is extended under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), there is no need for a deed of substituted security to be executed in order to protect or continue a lender’s security over the extended lease. When the parties to a lease agree to increase the length of the term granted, this variation is treated in law as taking effect as a surrender of the lease and a grant of a new lease. This is the case even where the parties enter into a formal deed of variation. Under the general law, one consequence of a lease being surrendered and re-granted is that the existing leasehold title is closed at HM Land Registry and a new leasehold

Following the death of a person, their interest in real estate devolves onto their personal representatives (PRs). Where there is a Will, the executors will be the PRs. This means that the executors can act in respect of the property as if they were the registered owners. When a charge/mortgage is being discharged, it is therefore the executors who are discharging the charge/mortgage on the property on behalf of the deceased’s estate and the executors who should be named as (one of) the lenders on the deed of discharge. See: HM Land Registry Practice guide 8: execution of deeds, which says: ‘2.6 People signing in an official capacity There are circumstances in which individuals will be executing a deed not in

The requirement to give a notice of sums in arrears (a NOSIA) Section 86B(1) of the Consumer Credit Act 1974 (CCA 1974) sets out when a notice of sum in arrears (NOSIA) is triggered. In broad terms, a customer under an agreement requiring them to repay by monthly repayments must be sent a NOSIA where: • the customer is required to have made at least two payments under the agreement before that time • the total sum paid under the agreement by the customer is less than the total sum which he is required to have paid before that time • the amount of the shortfall is no less than the sum of the last two payments which the customer is required

Where a landlord (whether as freeholder or lessor) wishes to let or sublet a mixed use property comprising of both commercial and residential premises, care must be taken as to the form of the tenancy (or tenancies) used. In order for a tenancy to be an Assured Shorthold Tenancy (AST), it must satisfy the provisions of section 1(1) of the Housing Act 1988 (HA 1988) (which relates to assured tenancies (ATs) but by virtue of HA 1988, s 19A, an AT coming into being after the coming into force of the Housing Act 1996 will be an AST). Such a tenancy must be one that relates to a dwelling house

The tenancy deposit insurance scheme complements the existing custodial scheme, whereby the deposit was physically placed with one of the three tenancy deposit scheme (TDS) providers. The insurance scheme leaves the deposit with the landlord (or their agent) and provides protection to the tenant by way of an indemnity. If the letting agency is holding the tenancy deposit, it does so as a stakeholder (see Manzanilla Limited v. Corton Property and Investments Limited; John Maciver (Southport) Limited; Rootbrights Limited and Halliwell Landau (a firm)). The agent therefore holds to the order of both the landlord and the tenant. Additionally, the agent has a contractual arrangement with the landlord, so that if the agent withholds the deposit from the landlord (or the tenant) when it is lawfully due, the landlord has a cause of action