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The High Court has ruled that a landlord’s development scheme, contrived for the sole purpose of defeating a tenant’s security of tenure, allows a landlord to successfully oppose a tenant’s statutory request for a new lease....
It is very common these days for people to live together in committed relationships but without marrying or becoming civil partners. People in this situation are strongly advised to make Wills providing for each other because the law does not recognise this...
Data Protection law is relevant to every business. It should not be ignored under the current rules, but under the General Data Protection Regulations (GDPR), which come into force in May next year, businesses will be required to take another look at what...
An Advanced Decision to refuse medical treatment (An "Advanced Decision") is a statement made by a person who must have capacity to make it and be over 18, to refuse consent to medical treatment in anticipation that in future he or she may lack the...
An individual Savings Account (ISA) is a savings account within which up to a certain limit interest is earned and capital gains made are free of tax. One of the characteristics of an ISA is that it can only be held by an individual. An ISA account can...
If you are sending marketing e-mails to your customers and contacts, then you need their consent under the current rules, but many businesses will have sought that consent through pre-ticked boxes or as part of their terms and conditions – in other...
A recent case has provided a stark warning to potential defendants that they should pay close attention to court documents and act promptly ( Royal Brompton and Harefield NHS Trust v Shaikh). In this case, the claimant served a claim on the defendant,...
Many myths and misunderstandings surround the issue of without prejudice communications. What is a without prejudice communication? Without prejudice communications are commonly exchanged in relation to the settlement of disputes. When attempting to...
Problems can be caused when informal arrangements are made by family members concerning the ownership or occupation of property. Comments are often made such as, 'No, we don't need a legal document drawing up - we're family'. Two recent cases...
Are you thinking of buying a listed building? The following are some useful tips when considering purchasing a listed property. 1. What is a listed building? In simple terms "listing" means that the building is on a national register as a...
Service charges are one of the principal areas of dispute between leaseholders and their landlords. A recent case has again highlighted the importance of landlords being aware of the key regulation in this area and what they need to do to comply with the...
It is generally accepted that when you bring a claim in the Small Claims Court, you cannot recover your legal costs from the other side if you win. That works both ways. A defendant may happily defend an indefensible claim and make life a misery for a poor...
There are many things a potential buyer should be aware of, but none more so than the dreaded Japanese Knotweed. This invasive plant spreads like wildfire and is well-known to cause damage to buildings and hard structures. Not an attractive prospect for a...
The Court of Appeal has recently had a rare opportunity to consider the position in respect of defended divorce. A defended divorce is one in which the respondent either does not agree that the marriage is at an end or does not agree with the...
A note recently issued by the Turkish Government has confirmed that foreigners who buy property worth at least $1million can obtain Turkish citizenship. The note confirms that citizenship will also be offered to foreigners who deposit a minimum of $3million...
A debtor owes both me and another creditor, jointly, an unpaid debt. I have discussed taking court action against this debtor with my fellow creditor but he is unwilling to go down that particular route. Am I entitled to go it alone? The other creditor...
A solicitor caught up in a fraudulent property transaction was cleared of dishonesty despite breaching the Money Laundering Regulations 2007 and subsequently trying to cover the matter up. The case of Pemberton Greenish LLP v Henry [2017] concerned a claim...
The issue that arose in the case of Newbigin (Valuation Officer) v S J & J Monk was whether a property can be deleted from a rating list whilst significant building works are being carried out. In this case, an office building in Sunderland was...
We caught up with Jonathan Rathbone, Hughes Paddison’s new Director tasked with growing the Company and Commercial Department. Jon joins Hughes Paddison from international law firm, DAC Beachcroft, bringing with him more than 14 years’...
Understanding what has sparked off the dispute between the parties in the first place is essential. It is very rarely the case that a party has pulled out his title deeds and decided that there is a problem with the boundary. There is usually...
It is important to firstly establish whether a lodger has a tenancy agreement or whether the lodger simply has a licence to reside at the property. A tenancy agreement is going to put you within the realms of the Housing Act and two months' notice. A...
When you buy, own or sell a Leasehold property, many of your rights and obligations will be set out in your lease. One of your obligations will be to make certain payments to the person or the organisation responsible for administering and managing your...
During the course of a divorce, a tricky task is to unpick the family finances and then agree who should take what from the matrimonial pot. If agreement cannot be reached between the divorcing couple or in mediation, an application will need to be made to...
In a large number of cases that litigate, expert evidence is required. Expert evidence is evidence of technical or scientific matters, provided by an independent expert witness with expertise in his or her field. It is usually used to assist the court when...
If so then your property is at risk of property fraud... The City law firm Mischon de Reya has been ordered to pay one million pounds to their client who was tricked into buying a property in London from a rogue tenant who had posed as the owner. The...
Identifying the real reason for a boundary dispute kicking off in the first place is an essential part of working out the best way to resolve it. Contrary to what one might logically believe, it is rare for a boundary dispute to start as a result of...
When you first read the question that forms the title of this article, one might automatically think that the answer is obvious; 'the amount of time that has passed since your wedding day' . This is certainly how to work out which anniversary you...
The Government is considering new legislation to enable bans to be imposed on what are deemed to be “criminal landlords and agents” preventing them from operating in the private rented sector. The proposals have generally been welcomed....
It has been reported by the Solicitors' Regulation Authority (SRA) that cyber crime within the conveyancing sector is the highest in the profession, with a massive £7 million being lost by clients last year alone. The fraudsters target emails. By...
By Thomas Airey, Trainee Solicitor The new mobile app Pokémon Go, launched in July 2016, has quickly become a global sensation; an addictive and potentially beneficial pastime for a great many would-be trainers of cartoon monsters. The game...
Gates and rights of way can be an unhappy mix. I often hear the cry "my neighbour has put a gate across the lane. He can't do that. I've got a right to pass along that lane. I want to get an injunction against him" . Breaking it to the...
25% of buy-to-let investors are set to sell their rental properties as a result of impending Government changes to taxation rules. In a survey of over 1,000 experienced Landlords, 25% have already sold or are planing to. Those hardest hit will be the high...
Top 7 tips for Owner Managed Businesses One of the myths and legends about law is that the world of Wills and probate never changes: actually it is a field that has seen more legislative change over the past 10 years than just about any other. This...
Anyone, anywhere in the world, can list space for rent on the space-sharing website, Airbnb. ‘Space’ is the keyword – you don’t have to own a palace or a luxury annex to earn some extra cash. In fact, the founders of Airbnb literally...
Intellectual Property is a necessary evil in business and something every new, aspiring or existing business owner should be aware of. A classic example of trademark infringement would of course be opening up a burger restaurant and unveiling a logo...
New legislation is aimed at helping residential landlords to recover possession Consider the following scenario. You are a landlord of 21 Elm Street, a terraced property on a quiet residential street. Your tenant is 3 months into his...
