For the purposes of this Q&A it is assumed the tenant is occupying under an assured shorthold tenancy and possession is being sought following service of a notice pursuant to section 21 of the Housing Act 1988 (HA 1988) and the landlord is not a registered social housing provider. Where a subtenant is occupying under an assured tenancy, as defined by HA 1988, then HA 1988, s 18 will apply; on determination of the tenancy, the subtenancies will not come to an end and a landlord will become the direct landlord of the subtenants. HA 1988, s 18 states: ‘18.— Provisions as to reversions on assured tenancies. • If at any time— (a) a dwelling-house is for the time being lawfully let on an assured tenancy, and (b) the landlord under the assured tenancy is himself a tenant under

Once a local authority is satisfied that a statutory nuisance exists or is likely to recur, it is under a duty to serve an abatement notice, see Section 80 Environmental Protection Act 1990 (EPA 1990). See also Practice Notes: Statutory nuisance and Appealing an abatement notice. Subject to an exception in the case of certain statutory noise nuisances (in respect of which, see Practice Note: Noise nuisance offences), the abatement notice must be served on (EPA 1990, s 80(2): • the person responsible for the nuisance • the owner of the premises where the nuisance arises from any defect of the structural character of the premises, or • the owner or occupier of the premises where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred The ‘person responsible’ is defined by EPA

It is assumed that the other family member would not be entitled to apply for the grant under the usual order of priority set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 20, even if the executor son were to renounce probate. Therefore, it seems that an attorney grant pursuant to NCPR 1987, SI 1987/2024, r 31 may be the most appropriate, ie whereby the appointed executor appoints the other family member to act

This Q&A refers you to Practice Note: The type of grant needed which sets out: • a grant of administration de bonis non, sometimes called administration de bonis non administratis, is a grant concerning goods not administered. • a grant of administration de bonis non is necessary on the death of the sole or last surviving: ◦ executor, where the chain of representation is broken and part of the estate remains unadministered, or ◦ administrator, where there remains part of the estate unadministered Note: a grant de bonis non relates only to the unadministered

The question says that the deceased lived in the Philippines, but the first question is whether they died domiciled there, or here in England & Wales. If they died domiciled in the Philippines, then (a) there may be no need for a grant, as succession to their movable property will be governed by Philippines law, including the chose in action being their right to an inheritance from their late mother’s estate, and (b) the right to a grant, if needed,

This Q&A assumes that: • W survived H for at least 28 days • H left no surviving issue, such that W was entitled to the whole of H’s estate on intestacy A grant of letters of administration is required where the deceased died intestate. The order of priority of entitlement follows the entitlement to an intestate’s estate and is set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 22(1). The surviving spouse is first in the order of priority, provided they survive the deceased by 28 days. See Practice Note: Appointment of personal representatives, in particular section: ‘Letters

Applications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) are regulated by the provisions of CPR 57. CPR 57.16 states that a claim must be issued in accordance with CPR 8, as modified by sub-sections 3–5. Neither I(PFD)A 1975, nor CPR 8 nor CPR 57

The statement of costs must be signed by the party or the party’s legal representative, under CPR PD 44, para 9.5(3), see Practice Note: Summary assessment—statement of costs. A similar restriction applies to a person who can sign a costs budget under CPR PD 3E, in that costs budgets must be signed by a party’s ‘senior legal representative’. This was the subject of discussion in the Queen’s Bench Division of the High Court in the case of Americhem Europe Limited v Rakem Ltd. In this case, it was being argued that the person who had signed the costs budget was not a ‘senior legal representative’ of the defendant and that this rendered the Precedent H which had been signed by him a nullity. The court disagreed. Firstly, Stuart-Smith J found that there is no definition of ‘senior legal representative’ in the Practice Direction or in the CPR and remarked that neither the barristers appearing

It is the role of the personal representatives to administer the estate (see Practice Note: Personal representatives—powers, duties and remuneration). This includes bringing a potential claim for the benefit of the estate. As the following Q&A: What happens to a claimant’s claim, or standing to bring legal proceedings, when they die before the proceedings have been concluded, or brought? sets out: ‘A potential claim does not generally become extinguished by the death of the prospective claimant, it is open

It is ordinarily the case that where a tenant wishes to make alterations to demised premises, it is necessary to obtain the consent of the landlord. Regard should be had to the terms of the lease. The lease may contain an absolute covenant prohibiting alterations, in which case, the landlord would be required to agree to a variation of the lease; or a qualified covenant, which requires the consent of the landlord. In such circumstances, to carry out alterations without consent will be a breach of the lease and renders it vulnerable to forfeiture. Section 19(2) of the Landlord and Tenant Act 1927 implies into such qualified covenant

Section 67 of the Landlord and Tenant Act 1954 provides that: ‘Anything authorised or required by the provisions of this Act, other than subsection...(3) of section forty, to be done at any time by, to or with the landlord, or

This Checklist provides information on who should be served with the claim form. This will vary depending on the circumstances. Circumstance Who to serve on Guidance Personal service is required Defendant Service of the claim form—personal service (CPR 6.5) The defendant has not appointed solicitors Defendant —Service of the claim form—service on the defendant or their solicitor, specifically main section: The defendant at the address provided for service (CPR 6.8)—Service of the claim form—no service address has been provided (CPR 6.9) The defendant has appointed solicitors but has not instructed them to accept service Defendant —Service of the claim form—service on the defendant or their solicitor, specifically main section: The defendant at the address provided for service (CPR 6.8)—Service of the claim