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It's December, hats and scarves are out, we are all thinking about how we will spend the festive holiday and who we can spend it with in light of the COVID-19 tiered restrictions. Recently we have had to put more thought into how to spend time safely...
Forfeiture is a remedy that can allow a landlord to terminate a lease if the tenant does not make payments of rent. In the case of commercial property, the lease can be forfeited by way of peaceable re-entry - ie changing the locks. But this robust action...
The extent of each party’s liability is a key part of a commercial contract and is likely to be subject to extensive negotiation. An indemnity is a promise usually made in a contract to pay money out on the occurrence of a specified event. It aims to...
Administering an estate can be a daunting task. Whilst there is no requirement to enlist the help of a solicitor, there are many reasons why it may be best to do so. Our team has many years’ experience and can help you to avoid common traps...
Whilst the latest announcement from the Government was not unexpected and will have wider ramifications on the various industries it affects as a whole, the good news from a property point of view is that it is "business as usual". Can I still...
The Stamp Duty Land Tax (‘SDLT’) holiday was announced on 8 th July 2020 to rejuvenate the property market. The holiday applies to residential property transactions by way of an increase in the first SDLT threshold from £125,000 to...
The Ministry of Justice (MoJ) has officially declared that Wills and Codicils witnessed remotely by video link will be deemed legal, as long as the quality of the sound and video is sufficient for the parties to see and hear what is happening at the time....
When a right of way is granted, conditions might be attached to the right which restrict how you are allowed to use the right of way. A typical example would be a condition that limits use of the right of way to pedestrian use only. Similarly, conditions...
In recent months it has become much clearer just how important online services are. With this in mind, the Office of the Public Guardian (“the OPG”) has been working behind the scenes to make using Lasting Powers of Attorney (“LPAs”)...
When separating couples reach agreement as to how to deal with their finances in divorce or dissolution proceedings, the best way for this to be recorded is for it to be set out in a consent order that is approved by the court. If there are ongoing court proceedings to resolve financial claims, the court will make a final financial order within those proceedings. The order made by the court is final and binding upon Decree Absolute and there are limited circumstances where final financial orders can be “reopened”.
Ensuring that all the boxes are ticked before serving a valid section 21 Notice has been something of a nightmare for landlords in recent years. Gas Safety Certificates, Energy Performance Certificates, How to Rent Checklists, and Prescribed Information....
A right of way is, in its simplest form, a right to pass across somebody else’s property. There might be conditions attached. For example, only pedestrian access may be allowed. Or the access might be limited to certain purposes only, such as for the...
On 17 th June 2020 the House of Commons overwhelmingly supported the Divorce, Dissolution and Separation Bill at its final stages in Parliament. After receiving Royal Assent, the new law will mean that spouses will be able to apply for a divorce, on the...
It is somewhat of an understatement to say that Covid-19 and the lockdown imposed by the Government on 24 th March 2020 has impacted all aspects of our lives over the last few months. Separated parents and their families have been one of the groups most...
We have advised several landlord and tenant clients over the past few weeks relating to the options available if tenants are unable to pay rents on time, proposing solutions for both parties. Tenants are rushing to landlords seeking a temporary rental...
The June quarter day is fast approaching and, with tenants struggling, protecting a rental income is becoming an increasingly challenging task for landlords. It is therefore essential that landlords do not miss the opportunity to pursue a claim against...
The Commercial Property Department at Hughes Paddison has achieved new heights over the previous 12 months in terms of deal value, new client wins, and service levels. Paul Engelbrecht (Head of Department) commented that “Our Team has worked extremely...
The Covid-19 pandemic has had a profound impact on the commercial property sector and there is now close scrutiny as to how the market will cope. Paul Engelbrecht at Hughes Paddison Solicitors has given his predictions for what life after lockdown in...
Legislation has already been introduced preventing landlords from forfeiting leases due to non-payment of rent. This is now to be followed by measures that will “temporarily void” statutory demands and winding up petitions that are issued...
The relationship between private land owners and members of the public exercising rights to traipse over private land is not always a relationship characterised by blissful harmony. It is a relationship that has been tested further by COVID-19. Tensions have...
Whether or not you are employed or self‑employed, if you are suffering from the impact of a salary decrease, you have been furloughed, made redundant or a contract ended, you will no doubt have concerns as to your obligations under the terms of a...
In this unprecedented time, the government has clarified its advice on moving home during the lockdown. The essence of this advice is where possible to delay moving. This applies to both homebuyers and renters. Transactions that have already...
The Government has offered unprecedented levels of financial support to businesses and individuals. Where that comes in the form of grants such as the Coronavirus Job Retention Scheme, business rate holidays and the Small Business Grants Scheme, businesses...
A few weeks ago, the Coronavirus was barely on people’s radars and the term “furloughing” unheard of. Every day we are faced with developments that are significantly impacting our businesses. The government have announced some support...
The Coronavirus Act 2020 came into force on 25 March 2020. It implements a series of measures to protect both landlords and tenants. Summarised below are some of the key measures affecting business tenancies and residential tenancies. Business...
As the impact of COVID-19 is rising daily, attention is turning to force majeure clauses. Can these clauses be relied upon to excuse parties from performing their contractual obligations? What are force majeure clauses? Force majeure clauses are...
In recent news which should be welcomed by directors of businesses who are grappling with the impact of COVID-19, it was announced that there would be changes to the insolvency regime. This includes a temporary suspension of wrongful trading provisions for...
There are many things to think and worry about at the moment, but something which may be causing you particular concern is whether your Will is up to date, or how you can put a Will in place if you do not already have one. It is definitely not too late, and...
We find ourselves in unprecedented times and the current public health crisis raises worries and concerns, not least from separated parents wondering how to manage the arrangements for their children at this time. The Government have clarified that the stay...
The COVID‑19 crisis has triggered a spate of urgent requests by tenants for rent suspensions. Given the unprecedented nature of the current operating environment, pushing a tenant into insolvency and/or recovering possession of premises and...
A few weeks ago, the Coronavirus was barely on people’s radars and it seemed a world away from the state of play today. Every day we are faced with developments that are significantly impacting our day to day lives, and our businesses. This article is...
Very few people need to be reminded that the UK and the world are facing a challenge not seen in over 100 years with the threat of Covid-19. Governments are understandably treating this with a considerable degree of seriousness and are encouraging...
For divorcing and separating parents, the future can look scary and daunting. Our clients are having to go through a huge life changing event with often very little guidance and support on how to handle the range of emotions they are feeling; bereft, angry,...
What is a Guarantee? A guarantee is a contractual promise to ensure that a third party fulfils its obligations. A guarantee is a secondary obligation because it only becomes enforceable if there is a breach of obligation by that third party. ...
Advisers and certain other entities are now required to report to Companies House if they think that you have not filed the correct details of the persons of significant control (“PSC”) in respect of your company. So now is the time to make sure...
The Court of Appeal has recently dismissed a mother’s claim to recover a loan which she made to her son to assist with the purchase of the son’s property. The claim was dismissed on the basis that there was no evidence that the payment...
One of the critical stages of litigation is the point at which the opposing parties are required to reveal to each other all of the documents they have in their possession which are relevant to the claim, and whether they help or hinder the disclosing...
What is the Homes (Fitness for Human Habitation) Act 2018? The Homes (Fitness for Human Habitation) Act 2018 ( the Act) considerably changes a landlord’s obligations to its tenants and so it is important for landlords to understand these changes....
The Divorce, Separation and Dissolution Bill, introduced in June 2019, presents provisions for no-fault divorce. Under the current law, one spouse has to make accusations about the other’s conduct whether that be ‘unreasonable behaviour’...
As time marches on, relationships evolve often reflecting outside influences that affect those associations. Business relationships, in particular, often change direction to suit fluctuating markets, new competitors and ever diversifying customer bases. To...
The New Year is often a catalyst for reflection and resolutions. For many this will be a new gym membership or other goal for self-improvement, but for others this will be a fresh start and breaking free of what can have become a toxic relationship. ...
The Court should be the last resort for separating parents or spouses in settling the arrangements for children following a relationship breakdown or resolving their financial settlement. In 2010, the Family Justice Review highlighted the importance of...
The recent case of Lonestar Communications Corp LLC v Kaye has served as a reminder that you cannot simply ignore a claim, however much you may wish it would go away. The Claimant made a claim for damages against a number of Defendants, one of which was...
There are several options available to a landlord whose tenant is in breach of the lease, with remedies including forfeiture and damages to protect the landlord and/or to ensure the landlord is compensated for any loss. In what circumstances might a breach...
When parties to a transaction involving the sale and purchase of a business agree the main terms on which they are going to contract, the next step is for the buyer to investigate a little further and carry out a due diligence exercise. During this exercise...
The Court is often reluctant to interfere with the relationship between contracting parties. If however there is a mistake in the drafting of a contract, a party can apply to the Court for rectification of that mistake. Rectification is typically...
Section 2 of the Civil Partnerships, Marriages and Deaths (Registration Etc) Act 2019 requires the government to make and bring into force regulations to extend civil partnerships to mixed sex couples by 31 December 2019. Other countries, including South...
The Tenant Fees Act 2019 (“the Act”) came into effect on 1 June 2019. It applies to all new contracts signed after this date and will also apply to any existing tenancies from 1 June 2020. The Act prohibits landlords and agents from...
Where one party to a marriage decides to send their divorce petition to the Court, formally starting those proceedings, this can be an emotionally difficult journey and one which may take some time. Why then would the Petitioner (as they then become known)...
Frustration of a contract occurs where an unforeseen event results in the contract (after it has been created) being physically or commercially impossible to fulfil. If a contract is ‘frustrated’, both parties to the contract are released from...