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Section 21 Notices: deposit protection pitfalls

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One of the more common mistakes is failing to comply with the tenancy deposit protection...

Adverse Possession: 10 years and trying to keep the faith

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What is meant by ‘adverse possession’? Adverse possession is a legal principle by...

Landlord's dispensation for major works: getting it right

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Many residential landlords will be familiar with the requirement to consult with tenants before...

Rights of way - 3 common trip hazards

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A right of way is, in its simplest form, a right to pass from point A to point B, and back again. ...

Nuisance next door

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Being mindful and considerate of your neighbours is all very well, but what if that approach is...

Rights of way and electronic gates: the legal powder keg

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Upgrading a manually-operated gate to a more sophisticated, key-coded or fob-operated electronic...

Travellers: Tackling unauthorised encampment

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The Police, Crime, Sentencing and Courts Act 2022 has introduced a new offence in England and...

Seller Beware!

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The principle of caveat emptor or ‘buyer beware’ is a principle that is familiar to...

Occupiers' liability: "The real risk lies in riskless living"

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In an increasingly litigious, compensation-focussed society, stories of people trying to apportion...

Debt Respite Scheme Regulations - another body blow for landlords

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Many tenants have fallen into significant arrears of rent during the Coronavirus pandemic....

What a relief!

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Forfeiture is a remedy that can allow a landlord to terminate a lease if the tenant does not make...

Rights of way: check the small print

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When a right of way is granted, conditions might be attached to the right which restrict how you...

Section 21 Notices and Gas Safety: better late than never

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Ensuring that all the boxes are ticked before serving a valid section 21 Notice has been something...

Rights of way: what is interference?

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A right of way is, in its simplest form, a right to pass across somebody else’s property....

Pursuing arrears: watch out for the 6 month time limit!

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The June quarter day is fast approaching and, with tenants struggling, protecting a rental income...

Landlords and tenants: new measures limiting enforcement

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Legislation has already been introduced preventing landlords from forfeiting leases due to...

Public footpaths - taking the law into your own hands

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The relationship between private land owners and members of the public exercising rights to...

The Coronavirus Act 2020: tenancy enforcement on hold?

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The Coronavirus Act 2020 came into force on 25 March 2020.  It implements a series of...

Rent reductions and suspensions: protect your position

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The COVID‑19 crisis has triggered a spate of urgent requests by tenants for rent...

Dare to presume

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The Court of Appeal has recently dismissed a mother’s claim to recover a loan which she made...

The Homes (Fitness for Human Habitation) Act 2018

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What is the Homes (Fitness for Human Habitation) Act 2018? The Homes (Fitness for Human...

Injunctions: a reassuring remedy?

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There are several options available to a landlord whose tenant is in breach of the lease, with...

Mistakes in Contracts: Will the Court intervene?

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The Court is often reluctant to interfere with the relationship between contracting parties. ...

The Tenant Fees Act: Landlords Take Note

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The Tenant Fees Act 2019 (“the Act”) came into effect on 1 June 2019. It applies to...

A frustrating lease - the Brexit effect

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Frustration of a contract occurs where an unforeseen event results in the contract (after it has...

Freefall: Landlords and the Defective Premises Act 1972

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Ms Rogerson (“Ms R”) lived in a Council property owned by Bolsover District Council....

Telephone masts - not in my back yard thanks

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As the saying goes, an Englishman’s home is his castle and there is nothing quite like a...

Rights of way and perpetual motion

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If you are granted a vehicular right of way over neighbouring land, and the right is described as...

Negligent contractors - should they be removed from the property?

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As spring is in full swing and summer stampedes towards us, many people look towards the garden...

Does silence amount to a breach of covenant?

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It is common for leases to contain a covenant requiring a tenant to provide the landlord with...

Paved with good intentions

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Does it really matter if your neighbour kindly assumes responsibility for the upkeep of part of...

Building Inspector dodges liability

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Imagine that you have just purchased a new-build flat. Shortly after moving in, you discover that...

Unopposed lease renewals - how does the Court decide terms?

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The recent County Court case of Dukeminster Limited v Westend Investments (Cowell Group) Limited ...

Think before 'Droning on'......

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With drones now selling for as little as £50, and both commercial and private use of drones...

To answer or not to answer? That is the question.

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  For those of you who have sold a property in the past, you will be aware of the reams of...

Housing benefit - curse or cure?

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A survey carried out by Shelter in 2017 found that 43% of private landlords applied a policy of...

Overage Agreements

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In the recent case of London and Ilford Limited v Sovereign Property Holdings Limited , the Court...

Dangerous cladding - who pays?

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Following the Grenfell tragedy last year, there has been panic amongst owners of blocks of flats...

Disability discrimination claim against lender dismissed

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In the recent case of Green v Southern Pacific Mortgage Limited , the Court of Appeal was asked...

When trespassers come to stay

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In a nutshell, a trespasser is someone who occupies property without the permission of the owner....

Ignorance of the rules is no defence

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The Supreme Court has recently handed down a judgement in a case involving an individual's...

Barking mad or fair enough?

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It is a restriction that you will find in many leases.  A ban on tenants keeping pets in the...

When innocence is no defence

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  Judges are only human.  They make mistakes and they get things wrong. This was...

I want my property back - is there a problem?

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There has been a lot of discussion in the media recently about revenge evictions and the...

Battle of the Beach Huts 2017

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A landowner allows an individual to erect a beach hut on his land. That individual then starts...

Shop or drop

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The Upper Tribunal has ruled that a landlord’s failure to shop around and obtain a...

Boundary disputes - nipping them in the bud

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Boundary disputes between neighbours are a perennial problem. They always have been and they...

Defective Premises - landlords treading a very fine line

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For the second time in twelve months, the court has excused a landlord from potential liability...

1954 Act comes under attack

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The High Court has ruled that a landlord’s development scheme, contrived for the sole...

Service charges - a chilling reminder for landlords

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Service charges are one of the principal areas of dispute between leaseholders and their...

Dreaded Japanese Knotweed

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There are many things a potential buyer should be aware of, but none more so than the dreaded...

Turkish Delight - You Get What You Pay For

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A note recently issued by the Turkish Government has confirmed that foreigners who buy property...

A Solicitor Cover Up

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A solicitor caught up in a fraudulent property transaction was cleared of dishonesty despite...

Business Rates and Common Sense

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The issue that arose in the case of Newbigin (Valuation Officer) v S J & J Monk was whether a...

Boundary disputes - stumbling through the red mist

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Understanding what has sparked off the dispute between the parties in the first place is...

Eviction of lodgers and licensees - what notice?

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It is important to firstly establish whether a lodger has a tenancy agreement or whether the...

It's just a boundary - get over it

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Identifying the real reason for a boundary dispute kicking off in the first place is an essential...

Proposals to ban dodgy landlords and agents

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The Government is considering new legislation to enable bans to be imposed on what are deemed to...

Pokemon Go - "A serious risk to landowners and players"

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By Thomas Airey, Trainee Solicitor The new mobile app Pokémon Go, launched in July...

Rights of Way: is a gate an obstruction?

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Gates and rights of way can be an unhappy mix. I often hear the cry "my neighbour has put a...

Space-sharing innovation, Airbnb, under threat

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Anyone, anywhere in the world, can list space for rent on the space-sharing website, Airbnb....

Nightmare on Elm Street

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  New legislation is aimed at helping residential landlords to recover possession ...