XXIV Old Buildings
4 Experts
3 Contributions by XXIV Old Buildings Experts
Q&As
It is quite usual, in many cases, for an intermediary landlord to sit between the occupational long-leasehold tenants of a block of flats and the freeholder. The term of the intermediate lease is longer, although often only a little longer, than the duration of the occupational long leases (flat leases) for the individual flats. The typical set-up is a freeholder at the top, then a head tenant, frequently a management company, for the whole block, and beneath that the individual flat leases...
Property
Q&As
It is assumed that the landlord has instituted proceedings to forfeit the lease due to non-payment of rent. Given the claim has succeeded, it is further assumed the lease contained a clause authorising re-entry upon non-payment of rent, and that either the arrears were duly demanded or section 210 of the Common Law Procedure Act 1852 applies, with at least six months’ rent outstanding and insufficient distress available on the premises to satisfy the arrears, in which situation any demand is dispensed with. There is likewise no requirement to serve a notice under section 146 of the Law of Property Act 1925 where the breach relied upon is non-payment of rent. In matters of forfeiture for non-payment of rent, as in this instance, relief is exercised under the equitable jurisdiction of the courts, and any relief is considered, granted or refused strictly within that
Property Disputes
Q&As
Joint ownership and severance
Whether the pair are married or merely cohabiting is not stated; what is clear is that the house is their home and that title is held jointly. It is possible that, on transfer, an express declaration of trust was included to the effect that they were to hold upon trust for themselves as beneficial joint tenants or, in the alternative, as tenants in common in agreed shares which need not be equal. If an express declaration of trust exists, it would be conclusive of the extent of their interests. Should it provide that they are to hold as beneficial joint tenants, that would mean neither owns a divided portion of the property; but if the joint tenancy were to be severed, they would, from that point, hold as tenants in common in equal shares. Section 36 of the Law of
Property
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