Firstly, we assume that you are referring to a statutory renewal, as otherwise the parties would be free to agree the terms of a new lease as they choose. Residential lease extension If you are referring to a residential lease, we assume that it is to a lease extension of a flat under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) (rather than a lease extension of a house under the Leasehold Reform Act 1967). LRHUDA 1993, s 7(9) provides: Where any person— (a) is a third party to the existing lease, or (b) (not being the landlord or tenant) is a party to any agreement collateral thereto, then (subject to any agreement between him and the landlord and the tenant) he shall be made a party to the new lease

Precedent: Tenant’s s 42 notice of claim to acquire new lease—flat lease extension (LRHUDA 1993) is a tenant’s notice of claim to be served when a qualifying tenant wishes to exercise its right to acquire a new lease (sometimes

Rule 213 of the Land Registration Rules 2003 (LRA 2003), SI 2003/1417 requires that the disponor must sign the plan. The lessor is the disponor and thus must sign the plan. A

For the purposes of this Q&A, we have assumed the lease is a residential lease, not commercial. We are not aware of any direct authority on the specific point. Absence of contractual obligations As explained in Covenants by landlords concerning the fabric of buildings and provision of services: Hill and Redman's Law of Landlord and Tenant [3443]: 'In the absence of any express contractual obligation or the intervention of statute, a landlord's obligations in relation to the fabric of premises demised are very limited indeed. The general rule is that in the absence of express stipulation or of a statutory duty, the landlord is under no liability to put the premises into repair

Under section 12(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973), an applicant is able by way of an application for nullity to rely upon the ground that the marriage (where celebrated after 31 July 1971) has not been consummated owing to their own incapacity to consummate the marriage. Such a marriage is voidable rather than void. The marriage will therefore be treated as valid and subsisting until a nullity order

The position relating to the sale of property by joint owners where one person has lost capacity and the other holds a financial lasting power of attorney (LPA) for them was considered in the Q&A: A husband and wife own property jointly (not clear if this is as tenants in common or pursuant to a joint tenancy). The wife is registered as the husband’s power of attorney. The couple are proposing to sell the property. Can the wife sign for the husband and ask her daughter to sign for her to effect a valid receipt for the purchase monies? The requirements for overreaching under section 2 of the Law of Property Act 1925 (LPA 1925) apply when trustees

Section 184 of the Law of Property Act 1925 Section 184 of the Law of Property Act 1925 (LPA 1925) provides that where two persons have died in circumstances rendering it uncertain which of them survived the other, for all purposes affecting the title to property, the younger shall be deemed to have survived the elder. This situation is referred to as commorientes or simultaneous deaths. The section applies only where

The availability of the residence nil rate band (RNRB) to a deceased person’s estate depends on several factors, including: • was the death on or after 6 April 2017? • is there a qualifying residential interest (QRI) or qualifying former residential interest (QFRI) in the estate at death? • is the QRI/QFRI closely inherited on death by the deceased’s defined lineal descendants? • is the value of the QRI/QFRI which is closely inherited equal to or in excess of the RNRB threshold? • had the deceased survived a spouse/civil partner such that their estate may benefit from the transferable RNRB? • is the estate in excess of £2m such that the amount of the available RNRB is tapered? For an introduction and full explanation of the RNRB (including the definitions of QRIs and QFRIs), see

Trips abroad where the parents have separated can be significant flashpoints, particularly where there is a concern that the party may not return the child to the jurisdiction of England and Wales. For this reason the law contains significant sanctions for a parent who takes a child abroad without the consent of a person who has parental responsibility for that child. It is assumed for the purposes of this Q&A that the husband in the scenario does have parental responsibility. Section 1 of the Child Abduction Act 1984 (CAA 1984) makes it a criminal offence for a person connected with a child under the age of 16 to take or send a child out of the UK without the appropriate consent. A parent is a person connected

The higher rates will apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser owns an interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease which has more than 21 years to run at the date of purchase of the new dwelling, and • Condition D—the dwelling being purchased is not replacing the purchaser’s only or main residence For the purposes of Condition D, the purchased dwelling will

There are two ways of treating the profits (or losses) from a jointly held property: a 50:50 split or by beneficial entitlement. For married couples/civil partners living together, the default method of splitting the income from a jointly held property is a 50:50 split, ie the income and expenses are simply split equally between the two parties regardless of their actual beneficial entitlement and each party reports their share of the income on their tax return. If the couple wishes the profits

Property in England and Wales when jointly owned is held by way of a trust of land. The legal owners (that is, the registered owners at HM Land Registry, or, in the increasingly unusual situation where the property is unregistered, those who can show legal ownership) hold the legal title on trust for the beneficial owners (usually themselves; see the presumption in Stack v Dowden). Legal ownership is always as joint tenants. Beneficial ownership may be by way of equitable joint tenancy (meaning that the owners hold the property per muy et per tout meaning that they each hold indivisible shares, and on the death of one the other takes the whole property by virtue of the doctrine of survivorship,