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12 August 2019 0 Comments Posted in Dispute Resolution

Property disputes: short term and hen party lets

Posted by , Partner

The Property Ombudsman Scheme received 16% more complaints last year than the previous year. Our Property Disputes team comment on the trends and highlight some scenarios that they have seen.

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Government introduces greater protection from rogue lettings agents

Posted by , Partner

The Government on 1 April 2018 announced that it is to introduce a mandatory scheme to protect tenants and landlords from rogue property and lettings agents.

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Landlords – does the Pre-Action Protocol for Debt Claims apply to your dealings with tenants?

Posted by , Partner

The Pre-Action Protocol for Debt Claims has been in force since 1 October 2017 and sets out rules to follow when any business is claiming payment of a debt from an individual. This covers a debt payable from a tenant to a landlord, whether in respect of rent or other sums due under the lease.

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15 July 2016 0 Comments Posted in Property Disputes

Costs Recovery in Property Disputes

Posted by , Partner

In Property Disputes, we are frequently asked whether it’s possible to recover legal costs from the other party to a dispute. The answer depends on whether the dispute is determined by the civil courts or the specialist property tribunals called the Property Chamber of the First Tier Tribunal (usually abbreviated to ‘FTT’).

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The AGA GAGA Saga

Posted by , Partner

Disclaimer: This story is not about the saga of Lady Gaga cooking on an Aga (unfortunately). Authorised guarantee agreements (AGAs) have been featured in a string of court cases dating back to 2005. These have included whether the performance of the AGA can be guaranteed by a guarantor (known as a GAGA) and now whether a lease can be assigned to the tenant’s guarantor.

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Ransom strips: the bank balance burdens brought on by boundary blunders

Posted by , Partner

When buying a property there are a many things to consider; the crime rates in the area, the surveyor’s report, the potential returns of investing in commercial property, the proximity of a river to name just a few.

In most cases, issues are resolved during a purchase, the purchaser moves in and lives happily ever after. However, as was the case recently with a professional gambler, a property owner may be shocked to later discover that their humble abode is surrounded by a strip of land they thought was theirs but is, in fact, owned by someone else.

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How can I make sure the building containing my flat is maintained properly?

Posted by , Partner

In Property Disputes, we come across a wide range of legal queries relating to landlord and tenant law, and this is a common question raised by residential flat owners.

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3 December 2015 0 Comments Posted in Opinion, Property Disputes, Real Estate

Banksy graffiti art – gifts to the people (and worth lots of money)

Posted by , Partner

Brick wall

The High Court has recently confirmed who owns a Banksy mural which appeared overnight on a building in Kent.

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20 October 2015 0 Comments Posted in Property Disputes, Real Estate

Leasehold enfranchisement of residential flats – in a nutshell

Posted by , Partner

Leasehold enfranchisement is the legal principle which empowers residential flat owners to preserve the value of their flats, to take over management of their building, and even ownership of the freehold. In the case of residential flats, the rights are granted by the Leasehold Reform (Housing & Urban Development) Act 1993 and the Commonhold and Leasehold Reform Act 2002.

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16 September 2015 0 Comments Posted in Real Estate

Can landlords recover their legal costs from tenants?

Posted by , Partner

Can landlords recover their legal costs from tenants if they win at court or a property tribunal?

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14 September 2015 0 Comments Posted in Real Estate

Why landlords and tenants need to know about forfeiture

Posted by , Partner

Forfeiture is the unilateral ending of a lease by a landlord following the non-performance of some obligation or condition.

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3 August 2015 0 Comments Posted in Real Estate

Rights of way – how rights can be acquired by visiting your favourite chippy

Posted by , Partner

Fish and chips sign

It’s well known that the owner of one piece of land can gain a right of way over another’s land by using it, whether on foot or in vehicles for over 20 years.

But a recent case extends the ways in which rights can be acquired.

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