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Boundary disputes - nipping them in the bud

Victoria Raven
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Boundary disputes between neighbours are a perennial problem. They always have been and they probably always will be. They rarely end well. They cause a great deal of animosity and tension. And disputes can arise in relation to the smallest patch of land...

Defective Premises - landlords treading a very fine line

Victoria Raven
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For the second time in twelve months, the court has excused a landlord from potential liability under the Defective Premises Act 1972. The Defective Premises Act imposes a duty on a landlord to ensure that a property is maintained and repaired in such a way...

1954 Act comes under attack

Andrew Turner
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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....

Service charges - a chilling reminder for landlords

Victoria Raven
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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...

Dreaded Japanese Knotweed

Victoria Raven
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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...

A Solicitor Cover Up

Victoria Raven
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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...

Business Rates and Common Sense

Andrew Turner
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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...

Turkish Delight - You Get What You Pay For

Andrew Turner
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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...

Boundary disputes - stumbling through the red mist

Andrew Turner
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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...

Eviction of lodgers and licensees - what notice?

Zuzanne Garside
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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...

It's just a boundary - get over it

Andrew Turner
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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...

Proposals to ban dodgy landlords and agents

Andrew Turner
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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....

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 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...

Rights of Way: is a gate an obstruction?

Andrew Turner
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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...

Space-sharing innovation, Airbnb, under threat

Victoria Raven
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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...

Nightmare on Elm Street

Andrew Turner
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  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...