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Commercial Litigation

Senior Associate strengthening Residential Property Litigation

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We are thrilled to welcome Bukola Obadun-Craigs as a Senior Associate to the Residential Property Management team, underpinning our strategy to deliver excellence to our customer base within this growing sector.  Bukola brings with her a...

Beware! Guarantors ability to walk away

David Richards
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Landlords need to be aware that when they have a Surety Guaranteeing, for example, a tenants obligation in a Lease, that it is possible to undermine that protection by reaching further agreements with the Tenant.  If there is any variation to the terms...

Unusual Break Clause Pitfall

David Richards
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Break Option Pitfall It is an established legal principle that when a lease comes to an end any under lease will automatically terminate. Under The Act a tenancy created by an under lease will continue against the landlord due to security of tenure. In...

The Pre-Action Protocol for Debt Claims

Sioban Calcott
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The Pre-Action Protocol for Debt Claims – in Force from 1 October 2017 The Protocol for Debt Claims has now been approved and is due to come into effect as from the 1 October 2017. Below we set out the main points of the Protocol, how this will affect...

Moving rights of way

David Richards
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The case of Shaw –v – Grouby & Another [2017] EWCA CIV233 Among other issues this case considered what was “necessary” for access under a right of way. The article explores this issue. Background The (‘property’) is...

Brethertons Named as Top Choice for PRS!

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We are delighted to announce that the firm has been judged as the top legal services provider in the country for the Private Rented Sector (PRS). We fought off tough competition to be shortlisted, and was announced as the winner of the...

Break Clauses - Landlords and Tenants alike beware!

Sioban Calcott
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The recent High Court cases detailed below demonstrate some of the complexities associated not only with the rights to exercising break clauses but also in ensuring leases correctly identify the parties thereto.   The first case highlights the need...

Supreme Court holds that Tenant's Human Rights were not Breached

David Richards
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The case - McDonald v McDonald [2016] UKSC28. The Supreme Court was asked to reinterpret Section 21(4) of the Housing Act 1988, which provides that a Court shall make a Possession Order where proper Notice has been served, to be subject to a...

RICS Service Charge Residential Management Code, 3rd Edition

Sioban Calcott
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As all of you Residential Property Managers and Landlords will be aware, as of course will some lessees and/or occupiers of residential leasehold properties, the above came into effect on the 1 June 2016. Effective management is key to successful...

Commercial Landlords beware!

David Richards
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Relief from Forfeiture can be successful after 14 months delay Forfeiture of commercial properties can seem far more straightforward than those of residential. In particular, the ability to use peaceable re-entry means that landlords can evict...

Latest research raises fears about arrears

James Attew
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Recently-published research from the National Landlords Association shows an alarming increase in rent arrears for tenants in the private sector, with record levels of evictions carried out by landlords in England and Wales last year, demonstrating the...

Is Denton the Future?

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Author: Jade Reeve, Litigation Paralegal  In the judgment passed down this week The Honourable Mrs Justice McGowan's decision in British Gas Trading Limited and Oak Cash and Carry Limited [2014] EWHC 4058 (QB) was upheld.  Lord Justice...

Retaliatory eviction - striking out!

James Attew
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One of the more controversial provisions of the Deregulation Act 2015 that came into force in October 2015 may set a trap for unaware private landlords, and will potentially allow a tenant at least a further six months in the property without the landlord...

Where there's smoke there's legislation under fire

James Attew
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Legislation expected to come into force in October this year will require landlords to fit smoke alarms and, in certain cases, carbon monoxide alarms inside their properties.  The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 will apply...

Using shortcuts to cut short tenancies

James Attew
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A recent County Court decision provides a cautionary tale for any landlord or agent that might be tempted to take the law into their own hands and evict a tenant without obtaining a Court order for possession, as required by section 3 of the Protection from...

What must you do before you issue legal proceedings?

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By  Catherine Worrall Since the introduction of the Civil Procedure Rules in 1998, anyone hoping to resort to litigation must first consider settling out of Court (a process known as Alternative Dispute Resolution). However, in the wake of the Jackson...

Online Dispute Resolution - the future of Litigation?

Lorna Monks
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Resorting to the Courts to settle disputes is most people’s idea of a nightmare. The hassle, the expense, the stress… and all without any guarantee you’ll get the outcome you hope for. The news, then, that a special advisory group has...

Civil procedure post Mitchell - The frightening reality

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With all the upheaval that has resulted following Lord Justice Jackson’s Final Report in his Review of Civil Litigation Costs, Brethertons were pleased to provide a free Webinar in conjunction with Credit Today on the changes to CPR, r. 3.9 (which...