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Where the executors of two tenants in common are transferring property, should the transfer deed refer to the executors acting for both proprietors?
Q&As
Where real property is held by two joint owners of the legal title for themselves as beneficial tenants in common, there is a statutory trust of land. See Practice Note: Trusts of land—overview. On the death of one of the owners, the legal title will automatically pass to the surviving legal owner. That surviving trustee of the legal title will hold the property upon trust as to a beneficial interest for themselves (that is the beneficial interest which they held prior to the death of the co-owner) and as to the other beneficial interest for
Where the extent of land has been incorrectly registered—with some missing—and the adjoining owners will not cooperate in clarifying the situation, can a caution be registered against the adjoining owner’s unregistered land to ensure we are notified when it is registered?
Q&As
The answer to this is yes. Although it is no longer possible to enter a caution against dealings, it is still possible to enter a caution against first registration under section 15 of the Land Registration Act 2002 (LRA 2002). Thus, so long as the land in relation to which X claims an interest is unregistered, it is possible to do as suggested whereas if the adjoining land were registered it would only be possible to enter a unilateral notice. The effect of a caution against registration is to require HM Land Registry to give the person who has applied for the caution—the cautioner—notice of an application for first registration of the legal estate which the cautioner claims is affected by an interest to which they
Where the family home is jointly owned by one of the parties and a third party (eg a relative), does the third party need to be joined as a party for the purposes of a financial consent order? If so, what is the procedure?
Q&As
The question does not indicate whether the third party involved is in agreement with the terms of the proposed financial consent order. It is presumed, however, that this is the case. Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.26B enables the court to add (join) a third party to the proceedings if it is desirable to do so in order to resolve all matters in dispute, or if there is a connected issue involving a third party
Where the financial order boxes in the prayer to the divorce petition have not been ticked, and the parties now want the court to approve a financial consent order, what procedure should be followed?
Q&As
An application for a financial order may be made by notice in Form A, where either party has failed to include a prayer for a financial order in either the petition or answer, in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.4) which provides: ‘When an application for a financial order may be made An application for a financial order may be made— (a) in an application for a matrimonial or civil partnership order; or (b) at any time after an application for a matrimonial or civil partnership order has been made.’ The practice of applying for a consent order is
Where the fixed term of an AST expires and becomes a contractual periodic tenancy, and the AST contains a rent review clause allowing the landlord to ‘ask the tenant for a new rent on the first and any subsequent anniversary’, does a section 13 notice still need to be served?
Q&As
Assured Shorthold Tenancies (AST) are governed by the Housing Act 1988 (HA 1988). All tenancies post 1 January 1997 which would otherwise have been Assured Tenancies are, by virtue of HA 1988, s 19A, ASTs unless they fall within one of the specified exceptions in HA 1988, Sch 2. By HA 1988, s 5(2), if an assured tenancy (including an AST) which is a fixed term tenancy comes to an end otherwise than by certain methods, a periodic tenancy will arise by virtue of HA 1988, s 5 (ie, a statutory periodic tenancy). By HA 1988, s 5(3), the periodic tenancy takes
Where the fixed term of an assured shorthold tenancy (AST) has expired and is now a statutory periodic tenancy, can the landlord increase the rent without entering into a new fixed term AST? Does the tenant have any sway or can the tenant refuse to accept the rent increase from the landlord? If the tenant did this what would the landlord's options be?
Q&As
Where the fixed term of an assured shorthold tenancy has expired and a statutory periodic tenancy has arisen, a landlord may propose an increase in the rent, pursuant to section 13 of the Housing Act 1988 (HA 1988). If
Where the freehold of a building is split between a freeholder (F1) (who owns a share of freehold in respect of the lower flat and a freeholder) (F2) (who owns a share of freehold in respect of the upper flat is missing), does the leaseholder of the upper flat have a right to acquire F2’s freehold share? If the leaseholder does have a right to acquire F2’s freehold share and F2 has been missing for ten years, must F1 be served with a notice in respect of F2’s freehold share? Can the leaseholder bring a claim against both freeholders for an acquisition or vesting order of F2’s freehold share? Is F1 an interested party in any such claim?
Q&As
This Q&A assumes that the building is a house converted into two flats with each let on a long lease. The question is, however, unclear as to how the freehold in the building is held. It is unclear whether F1 and F2 together hold the freehold in the entire building or whether F1 and another or others owns the
Where the freehold of a building was sold for a market price to a third party at the same time as the seller being granted a 999-year lease of the premises for £1, should a purchaser of the 999-year lease a year later be concerned that the transaction was at an undervalue?
Q&As
It is assumed that an issue has arisen in respect of a commercial building, or at any rate that no more than 50% of the building comprises residential premises consisting of more than two flats held on leases outside the protection of the Rent Act 1977 (RA 1977) or the Housing Act 1985 (HA 1985) and Housing Act 1988 (HA 1988). If that were the case then it is likely that the right of first refusal under the Landlord and Tenant Act 1987 (LTA 1987) will apply and unless the original freehold owner complied with its provisions, then both the transfer of the freehold interest to the third party and the grant of the 999-year lease (of the whole premises, rather than of just a flat within it, which
Where the freehold of a property is held by three individuals and one is missing and cannot be traced, how should the owner of a residential leasehold serve notice in terms of section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 on the missing owner and is there some type of order which can be applied for?
Q&As
The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) draws a distinction between ‘the competent landlord’ and ‘other landlords’. The competent landlord is a landlord who has sufficient interest himself to grant the leasehold extension. First, the leaseholder should ascertain whether or not the missing landlord is the competent landlord, or any other landlord. This distinction is important because the notice will need to be served on the competent landlord who will then act for the other landlords (absent any application by one of them to act separately). Where the missing landlord is the competent landlord, the court may make a vesting order, being an order providing for enfranchisement on terms to be determined by the First-tier
Where the freehold of a unit and service yard has been severed and are now under different ownership, how can the tenant of the unit protect the right of way which it enjoys over the service yard as part of a lease renewal of the unit? What action could the tenant take if the right of way over the service yard is blocked?
Q&As
LTA 1954 An order for the grant of a new tenancy pursuant to the Landlord and Tenant Act 1954 will be an order for the grant of a new tenancy of the ‘holding’. Where the current tenancy includes rights enjoyed by the tenant in connection with the holding, those rights must be included in a renewal tenancy, except as otherwise agreed between the landlord and tenant or in default of such agreement, determined by the court. See Practice Note: LTA 1954—terms of the renewal lease. In the current situation, the freehold of the unit and the service yard have been severed and are now under different ownership. However, the case of Nevill Long & Co (Boards) Ltd v Firmenich
Where the freehold owner of business premises intends to continue occupying them for its business for three months following completion of a sale under a tenancy with the new owner, does this tenancy need to be contracted out of the Landlord and Tenant Act 1954 (LTA 1954) because, for the purposes of LTA 1954, s 43(3), its occupation of the premises as owner is considered to count as part of the 12 months occupation requirement?
Q&As
Section 43(3) of the Landlord and Tenant Act 1954 (LTA 1954) states: ‘This Part of this Act does not apply to a tenancy granted for a term certain not exceeding six months unless- (a) the tenancy contains provision for renewing the term or for extending it beyond six months from its beginning; or (b) the tenant has been in occupation for a period which, together with any period during which any predecessor in the carrying on of the business carried on by the tenant was in occupation, exceeds twelve months’ A tenancy which is a term certain not exceeding six months will be protected
Where the freehold reversion to long residential leases is registered under the same title with other freehold land which is not subject to the leases in any way, does a notice under the Landlord and Tenant Act 1987 of intended disposal given by the freeholder of the reversion to the leasehold flats only relate to the area of the freehold which is affected by the leases? How can an area of the freehold which the landlord wished to retain be excluded from the notice?
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 will have the right of first refusal to purchase the freehold of a property when their landlord proposes to make a disposal affecting qualifying premises. Where LTA 1987 applies, the landlord will be prohibited from making a relevant disposal unless they have first served