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Mark North re-joins the firm from 1st November 2023

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At Brethertons, we are delighted to announce that Mark North re-joins the firm from 1st November 2023 as Business Development Partner working alongside Debbie Phillips . Mark is well known and respected throughout the property management sector and the...

Brethertons' Partner, Roger Hardwick, wins Solicitor of the Year award at ERMA Awards 2023

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Brethertons are proud to announce Roger Hardwick, Partner in Residential Leasehold, has won the title of Solicitor of the Year at the ERMA Awards 2023. At a splendid event on 6 th July 2023 in London, the News on the Block ERMA Awards, Roger and our...

No Notice? No Dispute and No Act! Party Wall Act 1996

Abigail Laborero
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Power & Kyson v Shah [2023] EWCA Civ 239 In early March, the Court of Appeal handed down their decision in the case of Power & Kyson v Shah [2023] EWCA Civ 239. This is one of a handful of cases concerning the Party Wall Act 1996 (“the...

Limitation on preventing your neighbour using your drive

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There recently has been a case in which a Judge has given some very interesting guidance on a right of way dispute between neighbours. If your neighbour is restricting your right of way or even obstructing access completely, we would be happy to advise you...

What is the Renters' Reform Bill and how does it affect private landlords?

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What is the Renters' Reform Bill? You may recall that the Renters' Reform Bill was mentioned back in the Queen’s speech in May 2022, when it was announced that ‘no fault evictions’ would be abolished. Later in June 2022, the...

Aviva Investors Ground rent GP Ltd and another v Williams and others [2023] UKSC 6

Emma Bush
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Please Sir, Can I Have Some More? Oliver Case overturned by Supreme Court in Aviva Investors Ground rent GP Ltd and another v Williams and others [2023] UKSC 6… Given the rarity of Supreme Court decisions that radically alter the legal...

Property Disputes and the importance of expert legal advice

David Richards
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You may have seen the recent £200,000 legal battle that saw a dream home become a nightmare when Japanese Knotweed was discovered growing behind the garden shed. Mr Downing had purchased the south-west London home in 2018 for £700,000 with plans...

Brethertons Highly Commended at The Property Management Awards 2022

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Brethertons LLP was awarded the title of ‘Highly Commended,’ in the category of Legal Services Provider of the Year at The Property Management Awards 2022. News on the Block Property Management Awards recognise and celebrate excellence in the...

Love Thy Neighbour or Pay the Price?

Emma Bush
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Whilst February 14 th is memorable and amorous for some, Valentine's Day 2022 was a lesson in “loving thy neighbour” for the parties involved in Prime London Holdings 11 Limited v Thurloe Lodge Limited [2022] EWHC 303 (Ch) as the first...

There is No (Gala) Unity!

Roger Hardwick
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Landmark RTM Decision on the Extent to Which RTM Applies to External Communal Areas The right to manage was always going to be a difficult concept to translate into legislation. There are few, if any, statutory rights quite like it. Unlike its...

Brethertons' Senior Associate, Dani Green wins Young Professional of the Year award at NOTB Awards 2021

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Brethertons are so proud of our Senior Associate in Residential Leasehold and Enfranchisement, Dani Green, for winning the title of Young Professional of the Year. We are also delighted to be highly commended for Legal Services Provider of the Year...

Brethertons Renew ALEP Membership as Specialists in Leasehold Enfranchisement

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Brethertons renew ALEP membership as specialists in leasehold enfranchisement. Brethertons are pleased to confirm, that they have renewed their membership of the Association of Leasehold Enfranchisement Practitioners (ALEP), an organisation which exists to...

Gender Fluid And Non-Binary Persons Are Protected Under The Equality Act 2010

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Every so often a legal case is decided that brings the law up to date with changes that have been taking place in society for some time.  Roe v Wade (a woman’s right to abortion), Gillick v West Norfolk & Wisbech Area Health Authority ...

Brethertons' client's success in unanimous decision of the Employment Tribunal

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  Press Release 16 th September 2020 Brethertons’ client’s success in unanimous decision of the Employment Tribunal widening the protected characteristic of gender reassignment to include gender fluid and non-binary...

How do I get my goods back when a customer does not pay?

David Richards
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One of the ways in which sellers can protect their business against buyers that do not pay for goods, is to incorporate a Retention of Title (ROT) clause in their Terms and Conditions of sale. The purpose of this blog is to highlight some of the pitfalls of...

I need to recover a bad debt- how do I go about it?

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In this blog, our litigation Lawyer, gives an insight into their top tips for avoiding bad debts. As we inevitably head into what is likely to be one of the deepest economic recessions in our lifetimes, it is fair to say that many businesses are struggling...

Help! I want to sue my neighbour as we have a boundary dispute. What can I do?

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Boundary disputes between neighbours are unfortunately not rare. The lockdown during the Covid crisis has seen an increase in instructions from individuals approaching lawyers complaining that the people next door are “neighbours from...

How do I resolve a boundary dispute?

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Lawyers are often consulted by individuals who are very upset that they have become involved in the dispute with their neighbour. Some lawyers dislike acting in boundary dispute cases and give them a wide berth, while other lawyers enjoy picking through the...

Enfranchisement and Right to Manage Awards 2019

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Brethertons Solicitors Highly Commended at the Enfranchisement and Right to Manage Awards 2019 Brethertons are delighted to announce that we have been awarded highly commended Solicitor Firm of the Year – Outside London at the Enfranchisement and...

The success of the pre-action protocol for debt claims?

Ben Foley
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Are you a property manager looking to recover a debt from a tenant and/or guarantor (where the tenant/guarantor is an individual)? This blog reviews the pre-action protocol for debt claims and how successful it has been since its introduction. Background...

White Paper - Top 10 Legal Cases All Property Managers Should Know

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Leading Property Management, Legal Services provider Brethertons will release a new white paper focused on the ‘Top 10 Legal Cases All Property Managers Should Know’ . The white paper is the product of a research project with leading Barristers...

How much notice? The proposed changes for the "no-fault eviction" procedure

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For those that work within the Housing Sector it has become apparent that there is increasing pressure on Local Authorities and Housing Associations to provide housing for tenants that are no longer able to remain in privately rented accommodation. There...

Brethertons Expand Team of Legal Experts in Dispute Resolution

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Top 200 law firm Brethertons LLP expands its Dispute Resolution team with appointment of Susan Ellis as Associate Solicitor. Susan brings a wealth of expertise to the Dispute Resolution team, specialising in housing, leasehold management and residential...

The removal and replacement of the cladding on your building

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Who is going to pay for the removal and replacement of the cladding on your building? In the immediate aftermath of the Grenfell Tower tragedy, on 14 June 2017, the Department for Communities and Local Government (“DCLG”) issued initial written...

Starting an Apprenticeship

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Author: Charlotte Ogilvie This week we celebrate National Apprenticeship week by highlighting the stories of some of the apprentices who have started their careers at Brethertons and the different paths they have chosen following completion of their...

Abbie's Apprenticeship Journey

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This week we celebrate National Apprenticeship week by highlighting the stories of some of the apprentices who have started their careers at Brethertons and the different paths they choose following completion of their qualifications. We are proud of...

A day in the life of an Apprentice

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Author: Sophie Kite This week we celebrate National Apprenticeship week by highlighting the stories of some of the apprentices who have started their careers at Brethertons. We are proud of the investment we make into those starting their careers and...

The Homes Act 2018 - The Grenfell Effect?

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The Homes (Fitness for Human Habitation) Act 2018 (the “Act”) is a prime example of a piece of legislation which has been in the pipeline for some time however, it would appear that the tragic circumstances of the Grenfell Tower disaster has...

Proud platinum sponsor of the 2019 IRPM Annual Seminar

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Brethertons is the proud platinum sponsor of the 2019 IRPM Annual Seminar Brethertons is delighted to confirm it is the platinum sponsor of this year’s Institute of Residential Property Management (IRPM) Annual Seminar , taking place on Thursday 13...

Brethertons Highly Commended at Property Awards

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At a fabulous Christmas in New York themed ceremony on the 23rd November 2018 in Finsbury Square London, Brethertons were thrilled to receive ‘Highly Commended’ recognition in the Legal Services Provider of the Year award. The News on the...

News on the Block's Hot 100

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We are delighted to announce that three Brethertonians have again been named in the News on the Block Hot 100 list! News on the Block is a leading publication within the property management sector and its opinion holds great sway throughout the industry. ...

Arrears Recovery Company of the Year Award!

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At a glittering ceremony on the 30th November 2017 at the Supernova in London, we were delighted to fight off tough competition to win the Arrears Recovery Company of the Year award. The News on the Block Property Management Awards, which are now in their...

The Hot 100!

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We are delighted to announce that this year five Brethertonians have been named in the News on the Block Hot 100 list! News on the Block is a leading publication within the property management sector and its opinion holds great sway throughout the...

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...

The Pre-Action Protocol for Debt Claims

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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...

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

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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...

Attachment of Earnings and Charging Order Processes changes

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Author: Catherine Worrall Commercial Recoveries You might have heard that as of the 6th April the process for the Attachment of Earnings (AoE) and Charging Orders will be centralised, this being part of the 83rd update to the Civil Procedure Rules. ...

Cheques received in full and final settlement

Ben Foley
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This is an issue that recurs time and time again; your client owes you a sum of money and for any number of reasons they decide they do not want to make payment in full. They then send you a cheque for part of the balance together with a letter stating it is...

Tips to avoid bad debts - Tip 4

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In my last blog as part of a series of hints and tips   on how to minimise bad debts and improve your cash flow,  I discuss  ‘Unpaid Invoices’.  If a customer fails to pay and fails to keep you informed then...

3rd December! A night to remember!

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As a football fan there is no better place to go than your home country’s national stadium. The experience of going to Wembley is exciting enough but the prospect of bringing away a trophy is way beyond that. As a West Ham fan the closest we tend to...

Tips to avoid bad debts - Tip 3

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Following the first two tips, here is tip number 3 about the importance of invoices.  3     Invoices Particularly in small businesses invoicing is often seen as an administrative job frequently put off until the end of the month or...

Tips to avoid bad debts - Tip 2

Ben Foley
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The second tip I discuss as part of a series of hints and tips on how to minimise bad debts and improve your cash flow is ‘Terms and Conditions’: 2. Terms and conditions Make sure you have a set of terms and conditions that accurately...

Tips to avoid bad debts - Tip 1

Ben Foley
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Imagine a world where your invoices were paid immediately they became due and you never had to spend time chasing payment. A world where no customers had to be put on “stop” because their account was overdue. And where you never had to deal with...

Burn's Night

Alison McCormack
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Being a proud Scot, this weekend I’ll be celebrating Burn’s Night in the usual way, with the holy trinity of haggis, neeps and tatties and plenty of Single Malt! It’s a celebration which comes at just the right time: Christmas is long...