Litigation Law Updates
Disability
QUESTION: My tenant is refusing to carry out works to his premises to make them compliant with the Disability Discrimination Act, because he believes that the act does not apply to listed buildings. Is he correct?
No the Discrimination Act ...
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Contamination
QUESTION: I am buying a former pharmaceutical works and am concerned solvent contamination may extend beyond the site boundary. How can I get cost certainty for remediation and protection against future potential liabilities?
You need to c ...
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Terminal Repairs
QUESTION: WE are thinking of exercising our break clause on our dilapidated offices. In what state of repair must we return it to the landlord?
It depends on the lease covenant on the break itself. Some leases state that the bank cannot be ...
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Rent And Forfeiture
QUESTION: My commercial tenant is in rent arrears and I wish to exercise my right of forfeiture and repossess the premises. As the tenant remains in occupation, can I continue to collect rent without prejudicing my right?
As you have now b ...
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Accepting Rent
QUESTION: My tenant’s lease, which was contracted out of the Landlord and Tenant Act 1954, ended two years ago but I have let the tenant remain. I have demanded and accepted rent. Can I now get rid of the tenant?
Yes, but you may have to p ...
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Challenging Service Charges
QUESTION: I do not think my landlord is spending service charge monies properly on my commercial building. What are my rights?
It depends on what the lease says. If costs are being improperly incurred on unnecessary works to an unnecessari ...
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Missing Landlord
QUESTION: My flat is on the ground floor of a house converted into two flats. The leases were granted many years ago, and the freeholder seems to have disappeared. The only address I have is that given in the lease, but the landlord does not reply to ...
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Administration And Possession
My tenant has gone into administration and will not pay any rent from now on. How can I go about recovering possession?
The starting point is to check the lease. Most modern commercial leases contain a right to forfeit the lease should the ...
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Adverse Possession Of Derelict Building
QUESTION: I have discovered that someone has been occupying part of a derelict property I own without my knowledge. He claims adverse possession against me and I cannot evict him. Is this correct?
This depends on whether the occupier meets ...
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Light Obstruction
QUESTION: I have heard that a light obstruction notice can help developers who want to build on sites where there may be rights-of-light issues. What is this notice?
A light obstruction notice is a way of preventing your neighbour from obt ...
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Disability
Question: One of my tenants has become disabled and has asked me to change the door handles in her flat and install a stair lift. Am I obliged to do this?
The answer is yes to the first request and no to the second. The key here is the Dis ...
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Sinking Funds
QUESTION: One of my outgoing tenants has asked for their unused service charge contributions to a sinking fund to be refunded. Is it an unusual request? Do I have to do this?
First, check the terms of the lease. Most leases will be silent ...
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Damp-Proof
QUESTION: The previous owner of my building did not connect the damp-proof membrane to the damp-proof course in the walls. My tenant says I am responsible for remedying the damp problem and is threatening court proceedings.
In standard lea ...
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Restrictive Covenants
Question: I am marketing a site, which I have learned is subject to a historic covenant restricting residential use. Does this rule out future residential development?
A historical covenant does not be necessarily restrict development and ...
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Negotiating Forfeitures
QUESTION: I want to forfeit my tenant’s lease. If I attempt to negotiate with it, will I lose my right to forfeit?
This will depend on what your negotiations are about and whether you are entitled to forfeit the lease. If the negotiations ...
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Misrepresentation At Auction
QUESTION: I bought a property at auction without being told the full story. Can I get out of the contract or sue the vendor?
The answer to that question is not as straightforward as one might think. Most auction particulars state that a pu ...
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Forfeiture
QUESTION: I am a tenant and I have been served with a notice threatening forfeiture of my lease if I do not rectify breaches of my covenants. What should I do?
You should check that the notice is valid. Before being able to forfeit a comme ...
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Dilapidations
QUESTION: My company’s 20-year lease has ended. I am facing a large claim for repairs on our old basic offices but the landlord’s new brochures show high-tech refurbished grade A space. Are we liable to pay?
No, you should not be liable fo ...
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Late Review Notice
QUESTION: My landlord has not served rental notice concerning an outstanding review from two years ago. Should I do anything?
Yes. Just because a tenant has not heard from its landlord well after a review date does not mean it should bury ...
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Keep Clean For Break Option
QUESTION: A tenant recently broke its lease that obliged it to leave the property with vacant possession, but left some rubbish lying around and took up the carpet. Does this effect the validity of its break?
It could do. The first thing t ...
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Information About Service Charges
QUESTION: My mother lives in a flat in a mansion block and pays a service charge for repairs and maintenance of the building and the lifts. All the leaseholders own a share of the freehold. Three years ago, the leaseholders decided to save money by s ...
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Reinstatement And Dilapidations
QUESTION: We have just moved offices and have been served with a schedule of dilapidations by our former landlord. The work relates to the reinstatement of alterations that we made. Do we have to pay towards the work?
Not necessarily. Nor ...
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Supercession
QUESTION: My 20-year lease is coming to an end in three months. The industrial property is now in poor condition. My landlord’s dilapidations are costed at £500,000, but I am told supercession will apply. What is supercession?
“Supercessio ...
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Landlords' Break Option
QUESTION: My tenant want to renew its tenancy. I want the new lease to contain a break option in case I redevelop. What will the court take into account when deciding whether or not to grant the landlord’s break option?
There are many fact ...
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Delayed Completion
QUESTION: My husband and I moved in April. At 2pm on the day of completion, we were outside our new house with our furniture in the removal van when we were told completion was going to be delayed: the seller had failed to do something and couldn’t h ...
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Holding On
QUESTION: My landlord has served a section 25 notice saying that he wishes to redevelop my premises. I agree that if the redevelopment goes ahead, I will have to vacate, but I want more time in the premises. What can I do?
You have several ...
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Leasehold Extension
QUESTION: I am the landlord of a block of flats. One of my tenants has applied to extend his long lease. Can I challenge this on the basis that I wish to redevelop?
Yes, so long as certain criteria are met. The court needs to be satisfied ...
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Repossession
QUESTION: I am a commercial landlord and I want to redevelop my property, but will need the property empty. How do I recover possession?
If the occupiers are licensees or have leases contracted out of the Landlord and Tenant Act 1954, serv ...
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Adverse Possession
QUESTION: I recently tried to register some land that was not mine, but has been used as part of my property since 1993. However, I find that it was recently sold and registered for the first time, to someone else. Do I have any right to the land?
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Access For Repairs
QUESTION: I have a right over a private road on my neighbour’s land. My neighbour has carried out expensive repairs to the road and wants me to pay. Do I have to?
Any right to use a private road on neighbouring land is likely to come with ...
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Redevelopment And Compensation
QUESTION: I am a protected tenant under a business lease. My landlord intends to redevelop the property. Can a landlord avoid payment of statutory compensation by offering me alternative accommodation?
A little-used statutory ground for po ...
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Rent Arrears
QUESTION: Mt tenant owes two quarters’ rent. It has paid an amount and asked me to set it against the late arrears. Can I instead apply the payment against the earlier arrears and forfeit for the most recent quarter?
No, this will almost c ...
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Employees Tenure
QUESTION: I have let a property to a firm for use by one of its employees. Can the company acquire security of tenure under rules relating to business tenancies and, if so how can I regain possession at the end of the tenancy?
A company ma ...
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Rent Arrears And Break Clauses
QUESTION: Our tenant has served a break notice to determine its lease on 5 October 2008. The tenant only intends to pay up to that date. Can I force it to pay September’s quarters in full?
Probably yes, subject to checking the wording of t ...
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Insolvent Tenant
QUESTION: One of my tenants has recently become insolvent, leaving me with an unexpected empty space and a shortfall in my rental payments. How can I avoid this happening in the future?
Before a tenant signs a lease the financial strength ...
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Renewal Of Protected Lease
QUESTION: My protected lease is close to expiry. I don’t want to renew it but I might need a few extra days to clear out. What should I do?
As your lease is protected by the Landlord and Tenant Act 1954, if you are still in occupation on t ...
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Removal Of Covenants
Question: My land is subject to a restrictive covenant imposed in 1947. Is there any way I can get it removed?
Possibly, yes, depending on the facts, it may be possible for you to apply to the Lands Tribunal, under section 84 of the amende ...
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Road Repairs
QUESTION: My property is served by an alleyway that is in a very poor condition. It is unregistered land and I want the owner to resurface and manage it properly. What are my options?
You should first approach your local highways authority ...
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Unauthorised Works
QUESTION: A Tenant of one of my property management company’s shops has made changes to the doorway without consent. I have served a formal notice requesting the work is undone. What can I do next?
You should first consider whether the out ...
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You don't need a lawyer for the small claims court
SAVE THE LEGAL FEES AND DO IT YOURSELF.
If you’re a landlord or in any other business, sooner or later someone will owe you money.
While one can sympathise with those in financial difficulty, it is often futile to prolong the a ...
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Service Charge Disputes
Question: Our landlord has suggested we refer our service charge dispute to the new RICS panel of independent experts. What is this and how does it work?
The new panel of independent experts and mediators has been set up by the RICS to det ...
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Net Contribution
Question: I am often involved on building projects as a subcontractor and have been asked to provide a warranty regarding the works but without a ‘net contribution clause’. I’ve never heard of this term before.
You may have been asked by t ...
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Can I Stay On?
Question: My lease has expired but the landlord has not taken any steps to remove me from the premises. I am not sure if I want to remain there or relocate, but what are my options?
Your lease may or may not be protected by the Landlord an ...
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Tenant In Liquidation
Question: My corporate tenant has gone into liquidation and I have received a notice of disclaimer from the liquidator. What should I do?
It largely depends upon what you are trying to achieve. It is difficult to challenge a disclaimer in ...
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Lease Renewal
Question: My landlord is opposing my lease renewal on the ground of redevelopment but has not obtained or applied for planning permission. Will he be able to prove the intention to redevelop?
It is a misconception that a landlord needs his ...
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