Contact Us
Archive | Commercial Litigation News
COVID-19: Frustration of Contracts

The impact of COVID-19/Coronavirus has shaken society all across the world, both personally and professionally.  For businesses, many may have engaged in contracts prior to the pandemic that has not been completed or fulfilled, or have been delayed or hindered due to the lockdown that followed the outbreak.  In these uncertain times would it be fair…

Ban on tenant evictions extended by two months

The coronavirus pandemic prompted the Government to pass emergency legislation to protect tenants from being evicted due to missed rent payments in England and Wales. Introduced in March 2020, the ban aimed to protect tenants during the pandemic, where job losses and reduced wages were anticipated to affect rent payments. Initially introduced for three months,…

Positive news for landlords experiencing trespassers during the Coronavirus pandemic

The Ministry of Justice has revised the Civil Procedure Rules concerning possession proceedings against trespassers during the pandemic. The Ministry of Justice has revised the Civil Procedure Rules concerning possession proceedings against trespassers during the pandemic. This change is effective from 18th April 2020 and clarifies that the stay of 90 days imposed from 27th…

Evicting tenants: a potential minefield for landlords

For many landlords, there is a common misconception that any tenant can be evicted from your property when they have done something wrong. Whether they have failed to pay rent or not complied with a term within their tenancy agreement, it seems obvious that as a landlord you should be able to simply remove the…

Fire Safety after Grenfell

In the aftermath of Grenfell there has been growing pressure from Local Authorities and enforcement measures taken by Fire Authorities on owners of large builds to ensure fire hazards attributable to inappropriate external cladding are addressed.

timeshare
Exit your Diamond Resorts (Europe) timeshare and avoid 2020 maintenance fees

Each year, thousands of Brits are cold called or approached in the street to be hailed as “competition” winners or presented with offers of “free holidays”. The catch being you have to attend a presentation in order to claim your “prize”.

The presentation is a high pressure sales pitch which can last several hours with many people finding it difficult to leave without signing up for a Timeshare, a decision they often later live to regret.

Can you recover costs in a small claims dispute?

The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions.

One of those exceptions is if the Court thinks a party has behaved unreasonably.

Residential tenancy deposits – are you protected?

Landlords and Tenants should take heed of the importance of complying with the legal requirements centring around the protection of tenancy deposits.

As most Landlords will be aware, any deposit paid in connection with an Assured Short-hold Tenancy since 6th April 2007 must be registered with an authorised Tenancy Deposit Scheme. The Tenant must be provided with prescribed information within 30 days of receipt of the deposit. Landlords are required to register the deposit within 30 days of receipt.

Timeshares – not all ‘fun in the sun’

Each year, thousands of Brits are cold called or approached in the street to be hailed as “competition” winners or presented with offers of “free holidays”. The catch being you have to attend a presentation in order to claim your “prize”.

The presentation is a high pressure sales pitch which can last several hours with many people finding it difficult to leave without signing up for a Timeshare, a decision they often later live to regret.

‘Rentagob’ Katie Hopkins successfully sued for defamation

Jack Monroe, a food writer and blogger, has been awarded £24,000 in damages in a libel action brought against Katie Hopkins, Mail online columnist and former The Apprentice contestant.

In May 2015, Mrs Hopkins implied that Ms Monroe had defaced or vandalised war memorials during a series of public tweets. Ms Monroe alleged that she received death threats and abuse from others as a result of these very public tweets and that serious damage had been caused to her reputation.

Advice for landlords on new EPC Minimum Energy Efficiency Standards

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 were made on the 26th March 2015. They introduced a change in the law whereby from the 1st April 2018, it will be unlawful to privately let residential and commercial properties with an EPC rating of ‘F’ or ‘G’, unless one of the exemptions detailed below applies.

It is important to note that the Regulations will not apply to properties that are not required to have an EPC or where a property is let for a period of less than six months or for a term of more than 99 years.

Flat lease extension under the Leasehold Reform Housing and Urban Development Act 1993

This is the right to extend your residential flat lease by 90 years on top of the unexpired term of your existing Lease. The new Lease will be at a peppercorn rent (e.g. no ground rent is payable) and will generally be on the same terms as the existing lease.

To qualify for this right, you must have been the registered owner of the flat at the Land Registry for at least two years and the original term of your lease must be in excess of 21 years.

There are a number of exclusions that will prevent you from exercising this right such as your Landlord being a charitable housing trust. You should therefore contact us to assess your own individual eligibility.

Property fraudsters – who is to blame?

It is commonplace for a legal professional to request proof of identification from their client at the beginning of any legal transaction. For a conveyancer, verifying their client’s identity is a particularly heavy burden to bear. Not only does a conveyancer owe a duty of care to their client, but also to their client’s lender…

Minimum energy changes on the horizon for landlords

As a Landlord of either a Commercial or Residential Property, from 1st April 2018, any properties rented in the private sector must have a minimum energy performance rating of E or above on their Energy Performance Certificate (EPC) under the Minimum Energy Efficiency Standards Regime (MEES).

Privacy and Cookies:

This site uses session cookies to understand how you use and interact with our website.

If you continue through the website, these cookies will be set. To find out more or to remove these cookies please visit our privacy policy. Learn more

Close this message