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Archive | Commercial Litigation News
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).

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.

Fee increases in insolvency proceedings

As of 16 November 2015, the costs of presenting a bankruptcy or winding-up petition will increase in most cases. This increase will apply to petitions made on or after this date. Whilst the increases are relatively small for both the deposit and Official Receiver’s fees (administration fees payable to affect the bankruptcy order or winding-up order), when considered alongside changes to statutory demands for individual debtors, the rises will make it more difficult for creditors seeking to recover money owed to them, especially from individual creditors.

Advice to ‘buy to let’ landlords on how to avoid costly mistakes – four essential steps

A ‘buy to let’ property can be a sound investment producing a profitable return. However, when a tenant can no longer afford to pay the rent and refuses to vacate the property, matters can go horribly wrong.

At that point, it is too late to put protective measures in place. As a landlord, the protected deposit brings little solace in circumstances where you are not covered against the tenant having the benefit of legal aid to embroil you in protracted and costly litigation.

With the benefit of public funding, a tenant wishing to stay at a property may defend an eviction claim on technical grounds. What’s more, they could also issue a counterclaim for compensation for disrepair, all while continuing to default on rent payments.

Landlords using shorthold tenancy agreements have to register tenants’ deposits or face hefty fines

Landlords in England and Wales who lease out their properties under assured shorthold tenancy agreements have until June 23rd to place their tenant(s)’ deposit(s) in a government backed scheme or face hefty fines.

Despite this legislation coming into effect as far back as 6th April 2007, it is estimated that approximately a third of the 1.5 million private landlords in England and Wales are still retaining tenants’ deposits at the risk of both diluting their legal rights in the event of a dispute with tenants and of being heavily fined for non-compliance.

Breaking bad or breaking even – how to turn break clauses into an advantage

Including break clauses in commercial property leases allows both tenants and landlords the flexibility to terminate a lease before the agreed fixed term has expired and both parties can turn break clauses into an advantage.

The economic downturn has resulted in an increased number of landlords agreeing to break clauses in a bid to make their properties more attractive to businesses. While this allows some flexibility for both parties, these can prove to be the danger that knocks however.

Linder Myers boosts its Lancashire team with new appointments

Linder Myers has boosted its team in Lancashire with the appointment of two new solicitors in its trusts & estates and commercial litigation departments.

Laura Hallett Lea joins as a commercial litigation solicitor from Marsden Rawsthorn. Laura specialises in all aspects of property litigation including commercial landlord and tenant disputes, commercial property disputes, residential tenant evictions and agricultural disputes. Mrs Lea is also a solicitor advocate.

Feature – Will common sense be applied to relief from sanctions and will fair play prevail in the litigation world?

The landmark decision by the Court of Appeal on the 4th July was met by a sigh of relief by many in the legal profession with the courts clarifying a new pragmatic approach to how the judiciary will deal with applications for relief from sanctions in the future.

The judgment, which was applied to three test cases, deemed the Mitchell guidance a ‘misunderstanding’ with greater clarity handed down providing a platform for a new culture to be borne within the litigation world.

Linder Myers to advise on mis-sold hedging products

Linder Myers solicitors has announced the launch of its new service advising SMEs and owner-managed businesses on mis-sold interest rate swaps following today’s FSA announcement. According to the industry regulator, as many as 40,000 of these financial products have been mis-sold in the UK. The big four High Street banks are now being forced to…

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