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5 January 2015 2 Comments Posted in Opinion, Property Disputes

A fine line over quiet enjoyment – tenants rights and landlords obligations

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The courts have recently considered how best to balance the often conflicting needs of a landlord to look after its building and the tenant’s rights to ‘quiet enjoyment’. The right extends far wider than the ordinary meaning of the words ‘quiet enjoyment’ and would be more accurately described as the right to ‘uninterrupted use’ of the property.

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16 December 2014 0 Comments Posted in Opinion, Professional Negligence

Buyer Beware – what type of survey do you require?

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This blogs looks at a case study where the type of survey a buyer had carried out on her home had serious consequences when considering a claim for negligence against her surveyors.

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3 December 2014 0 Comments Posted in Opinion, Property Disputes

Rights of leasehold flat owners

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In a report out today the Competition and Markets Authority have noted that many of the five million leasehold flat owners in the UK suffer from poor service and excess charges from the property managers who look after their properties. The Authority have recommended changes to the law to help flat owners in changing or getting rid of poor managers by a simple majority vote.

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20 October 2014 0 Comments Posted in Opinion, Real Estate

Exploring the grounds for opposing new business leases

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For the first time in a number of years the Court of Appeal has considered some of the less used grounds for opposing the grant of a new protected tenancy under the Landlord & Tenant Act 1954. If you’re a landlord who wants to successfully reject your tenant’s application for lease renewal this article points out what must be proven and what evidence you may need.

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22 September 2014 0 Comments Posted in Professional Negligence

Negligent Solicitors Escape Liability!

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The case that I am reporting on today does not provide good news for potential Claimants. In the case of Xenakis & Corke v Birkett Long LLP, the Claimants (Mr Xenakis and Mr Corke) opened a restaurant together and formed a company called Blue & Ginger for the purpose. They also had another restaurant which they operated through Mr Xenakis’ family company which was called Pink & Lily.

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16 September 2014 2 Comments Posted in Opinion, Property Disputes

Are nuisance neighbours driving you crazy?

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According to the results of the latest “Which?” survey revealed today, 27% of UK adults have suffered some form of nuisance caused by their neighbours in the last year. The most common problem is noise caused by loud voices, music, pets or building work.

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Should I buy my freehold? Right to Manage or Enfranchisement

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If the flat owners think they can do a better job of managing the building, they have a few options open to them.

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19 August 2014 0 Comments Posted in Opinion, Professional Negligence

Surveyor negligence claims when the company’s gone bust

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Can you sue your surveyor if the company they worked for has become insolvent?

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10 tips to avoid tenant problems

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Insurance, home care and holiday provider Saga has reported that out of landlords aged 50 and over, 32% have had problems with tenants not paying their rent and 27% have had problems with tenants damaging the property. Our Property Disputes team offers top tips for avoiding problems like these.

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Were you warned about buying a flat with a short lease?

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If when you bought your flat, it had a short lease of 80 to 90 years remaining or less, you could be burdened with the unexpected costs of a lease extension.

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21 May 2014 0 Comments Posted in Property Disputes, Real Estate

Break clause in a commercial lease: you must comply

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The break clause is a useful tool, allowing flexibility to end your lease early if your plans change or things do not work out. However break clauses almost always have strings attached, many of which are onerous for tenants.

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8 May 2014 2 Comments Posted in Property Disputes

Dealing with squatters in your property

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Recent figures from the Metropolitan Police indicate that prosecutions for squatting in London have fallen dramatically in the eighteen months since the legislation making squatting illegal in residential properties came into force. In the first few months prosecutions hit a peak of 28 in a single month but are now steady at single figures. The legislation therefore appears to be effective in deterring squatters from entering peoples’ homes.

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