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Statutory demand procedure – when to use correctly and when not to use

It has long been accepted that the statutory demand procedure – a preliminary step towards bringing a petition in bankruptcy – is a simple and effective way of recovering debt.

However, what constitutes a debt in the context of insolvency, is not always as straightforward as you might think; particularly in relation to debts contained in recital provisions in consent orders made during divorce proceedings.

New Regulations for Assured Shorthold Tenancies come into force

On 30 September 2015, the Assured Shorthold Tenancy Notice and Prescribed Requirements (England) Regulations 2015 came into force.

Designed to resolve some of the difficulties faced when seeking vacant possession of a residential property, the Regulations place a number of requirements on landlords before a section 21 notice can be validly served (otherwise known as a Notice to Quit).

Don’t let the rogue traders get away with it!

If you’ve fallen victim to a rogue trader over the Christmas period particularly, it can be an extremely distressing experience.

Just think about it, how would you feel if you had given your hard earned cash to someone who then refused to do any work? Or, even worse, they completed part of the job, causing damage to your property in the process for example, before then demanding more money to finish the job which is sadly a common scenario?

Many unhappy returns this Christmas

Not to you of course! We hope you have a joyful festive season. However for Christmas shoppers, the experience isn’t always a pleasant one.

Setting aside the stress of battling the crowds to find that one awkward friend or relation a gift you know they won’t like (you know the one!), getting home to find it’s not quite what you expected is enough to turn anyone into Scrooge!

Consumer rights and #bendgate

You may have seen the above hashtag trending on twitter or come across it in the mainstream media. The moniker relates, of course, to claims made by several iPhone users that Apple’s latest release, the iPhone 6 Plus, had bent whilst in their pockets. Apple argues that such issues would be rare where the phones were only subject to normal use.

Initial reports of #bendgate were quickly followed by a torrent of social media reaction and viral videos of purchasers testing the integrity of their latest smartphone. No doubt if you step into an Apple store over the coming days, you will see a group of teenagers covertly attempting to test the ‘flexibility’ of the new models themselves.

Advice to Residential Landlords: How to remove problem tenants quickly and cost effectively

Residential assured shorthold tenancies are by far the most common type of residential tenancy in England and Wales. While such tenancies can be a great long-term investment, difficult tenants can make the process extremely stressful, not to mention financially detrimental. If you are a private landlord who is faced with a tenant you want to evict, it is vital to keep on the right side of the law.

Is your address for service at the Land Registry correct?

We specialise in the recovery of service charge arrears across the North West. One of the problems that we often come across is when the owner of the property does not live at the property address. After obtaining official copies of the register we have gone on to discover that the address for service is…

Boundary disputes

Having read the article in the Daily Mail dated 28 July 2011 regarding the growth in disputes between neighbours I can only stress my own experiences from a legal point of view. There has been a noticeable increase in enquiries regarding disputes between neighbours. It is also apparent that the disputes are becoming far more…

Cowboy builders and decorators – How to protect yourself

The recent article in the Daily Mail (4th August 2011) confirms many problems that consumers have when employing tradesmen in their homes. A lot of the issues are not always down to the tradesmen as many consumers leave themselves “wide open” to problems. It is astonishing how many people will seek to employ tradesmen without…

Service charges and the residential property tribunal service

This article deals with the relationship between the Tribunal (often known as the LVT or Local Valuation Tribunal) and Management Companies and tenants in respect of the service charge raised on the occupants of residential apartments. The 1985 Landlord and Tenant Act gives the Tribunal jurisdiction to resolve disputes concerning the reasonableness of service charge…

Increase in Small Claims Court limit

The current limit for bringing a claim in the Small Claims Court is £5000. However, the Government are now proposing that the limit be increased to £15,000. It is stated that this would enable more cases to be heard through the “simple” Small Claims process rather than a more costly complicated procedure in the higher…

Tax demand rebate fiasco

In early September the news broke that that the HMRC would be sending letters out between now and Christmas to almost 6 million people. These letters would either demand a payment of back tax or, as an early Christmas present, issue a tax rebate. The problem For the past two years many employees have been…

Eviction of gypsies and travellers by Local Authorities

This article concerns the eviction by a Local Authority of gypsies and travellers from an unauthorised site. A separate procedure applies for eviction by Local Authorities from official council sites or from private sites. The first point for a Local Authority to be aware of is that it has numerous obligations to people within its…

Residential property possession

There are many reasons why Landlords would want to take possession of residential properties from their tenants. There are circumstances where the Landlord is not in dispute with their tenant but simply wants to take possession, whether to rent it to somebody else, use it themselves or to sell the property. More commonly, a Landlord…

Insurance: don’t ask, don’t tell?

For around 100 years now, the law has required a person who wishes to take out a policy of insurance to volunteer any information to the insurers that a “prudent insurer” would consider relevant. This obligation can cause consumers to spend significant amounts of time disclosing detailed information about matters which might not even be…

The Supreme Court judgement on bank charges

In July 2009 we posted an article discussing the progression of a test case brought by the Office of Fair Trading (OFT) to establish whether or not bank charges imposed by banks upon customers who exceed their authorised overdraft limits were fairly imposed. The basis of the test case was whether or not the OFT…

Lease renewal: landlord in administration

Under the Insolvency Act 1986 (and other legislation) a company in administration is protected against legal action being issued against it by a Statutory Moratorium. The question in the recent case of Somerfield Stores Limited –v- Spring (Sutton Coldfield) Limited [2009] was whether a tenant’s application for a new lease is classed as a legal…

Unintentionally homeless: what it means

The recent House of Lords case of Moran –v- Manchester City Council [2009] looked at two questions in respect of housing: the first was the definition of “accommodation”; the second was the definition of “unintentionally homeless”. Whilst this may sound like an academic exercise, it has significant implications for landlords, tenants and Local Authorities. Under…