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Where registered property is held by joint tenants and one spouse dies and then the surviving spouse dies, what is needed to effect a valid transfer of title of the property from the second deceased spouse to a third party?
Q&As
For the purpose of this Q&A, we have assumed that, as will typically be the case with spouses, the property was held exclusively as beneficial joint tenants and that no one else had a beneficial interest under a trust of land. Title to the property Where there is a joint tenancy of registered land and one of the joint owners dies, the survivor is automatically the sole owner—this is the principle of survivorship. The estate of the first to die has no entitlement to the property at all. Because this is automatic and the survivor often remains in possession of the property, it often happens that the Land Register is not updated by completing the DJP form which caters for this situation. Not updating the Land Register makes no difference to the underlying legal position, but it means that
Where registration of the seller’s title is pending at HM Land Registry, how should the sale contract identify the land to be transferred?
Q&As
See Precedent: Clause for an agreement for sale providing for completion of sale of registered freehold land where registration of the title of the seller
Where rent is paid at intervals of six months or longer under an assured shorthold tenancy, what notice period should be given to terminate the tenancy under a section 21 notice?
Q&As
Section 21 of the Housing Act 1988 (HA 1988) allows a landlord to obtain possession of a let property without the need to prove a ground for possession, such as arrears of rent. However in order to utilise the section 21 procedure it is necessary to comply with the relevant formalities. In particular, for tenancies entered into since 1 October 2015 section 21 notices must be in the prescribed form or a form substantially to the same effect. There are two forms of section 21 notice as set out by HA 1988, s 21(1) and 21(4). The former relates to fixed-term or statutory periodic tenancies (the latter
Where replacement executors need to apply for a grant in place of the executor who initially obtained a grant of probate and has since lost capacity, what application should be made?
Q&As
This Q&A assumes that the executor who has lost capacity had obtained a grant of probate and had partially administered the estate. The new application will be for a grant de bonis non for the use and benefit of the grantee who lacks capacity, limited while they lack capacity, unless the new grantee is an executor to whom power had been reserved in the original probate application,
Where residential lease of a flat is over 21 years, can a tenant exercise their right to extend the lease under the Leasehold Reform, Housing and Urban Development Act 1993?
Q&As
The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides certain tenants with the ability to extend their lease once they have owned it for two years. A claim to exercise the right to acquire a new lease of the flat is made by giving notice of the claim under LRHUDA 1993, s 42. Such a notice must be given to the landlord and to any third party to the tenant’s lease, and it may only be given by a person deemed to be a ‘qualifying tenant’ of
Where residential properties built for a seller and based on the seller's design are sold, does the purchaser have any direct cause of action against the developer for any post-sale problems with the property?
Q&As
Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, with proper materials so that the dwelling is fit for human habitation. A property developer can be liable where they have arranged for another party to undertake the work: DPA 1972, s 1(4). For further information, see: • Practice Note: Defective Premises Act—provision of dwellings • Commentary: Duty to build dwellings fit for habitation: Halsbury's Laws of England [275] The buyer should also review their contract with the seller to see whether it contains any obligations concerning the standard of construction. If so, and if they have been breached, the usual contractual remedies will apply. The buyer may
Where residential tenants paid a holding deposit and agent’s admin fees before the Tenant Fees Act 2019 (TFA 2019) came into force, and a tenancy was then granted after it came into force, what is the impact of TFA 2019 on the payments received?
Q&As
The Tenant Fees Act 2019 (TFA 2019) came into force on 1 June 2019 and prevents the charging of fees by landlords or agents to tenants, other than specific permitted fees. It applies to England only. The fees permitted include rent, a holding deposit of up to one week’s rent, the tenancy deposit, and contractual changes, capped at £50. A breach of the provisions of TFA 2019 has the effect that any term that amounts to a breach is not binding and the local enforcement authority is able to impose a financial penalty on a person in breach, in a sum of up to £5,000 as well as enabling the recovery of amounts paid in breach
Where restoration of a company is sought by court order, would the time limit of six years to bring such application be satisfied by issuing of the claim form at court within that time period?
Q&As
This Q&A assumes that the claim form referred to is the claim form by which an application to court for the restoration of the company is being made. Section 1030(4) of the Companies Act 2006 states that an application to the court
Where rights/easements were expressly reserved in a transfer of registered land and that transfer is noted in the title of the dominant land, insofar as the servient land is concerned, are those rights/easements overriding interests and so would not require registration against the title to the servient land to be legal easements and bind the servient land?
Q&As
A registrable disposition of a registered estate for valuable consideration postpones to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected. A reservation of an easement is a registrable disposition and thus such an easement is equitable only until registration. An equitable easement will not take effect as an overriding interest and thus will not be binding. A legal easement (ie, one that has been registered) will operate as an overriding interest both on first registration and on registration of a registered disposition if it would have been obvious on
Where security of tenure under the Landlord and Tenant Act 1954 (LTA 1954) is claimed on the basis that the tenant or a predecessor in the tenant's business has been in occupation for more than 12 months, must the previous occupation be pursuant to a LTA 1954-protected lease or would occupation under an excluded lease count towards the 12-month period?
Q&As
Section 43 of the Landlord and Tenant Act 1954 (LTA 1954) contains general exceptions to the security of tenure which would otherwise apply under LTA 1954. These include (at LTA 1954, s 43(3)): ‘a
Where separated parties own a property jointly as tenants in common in equal shares and the party who has moved out seeks a sale of the property while the other party remains in the property with their child from a previous relationship who attends a local school, can the party remaining in the property resist an order for sale as they do not want to disrupt their child’s education?
Q&As
A person who is a trustee of land, or who has an interest in land that is subject to a trust, may apply pursuant to section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) for the court to make a declaration as to the nature and extent of a person’s interest in the land, and/or for an order relating to the exercise by the trustees of any of their functions. An example of the latter would be applying for an order for sale. The court may make any such order relating to the exercise by the trustee of any of their functions
Where services are being provided within the 14-day cancellation period provided under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134, can the start of the cancellation period be backdated to a point in time before the booking of the service, where services will be performed during the cancellation period?
Q&As
This Q&A discusses a business-to-consumer contract for the supply of services falling within the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Where the right to cancel applies, the cancellation period begins when the contract is entered into and ends 14 days after the day on which the contract is entered into if the contract is a service contract. Traders must not provide services during the cancellation period unless the consumer expressly requested this and (in the case of off-premises contracts) that request was made on a durable medium. The CCR 2013 set out how a consumer’s rights and obligations are affected where services are provided during the cancellation period. The commencement date of the cancellation period does not change;