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News Category: Property disputes

  • 6 November 2015

    Sound the alarm!

    Following on from a previous article detailing Landlord's responsibilities in connection with health and safety, with effect from 1st October 2015, the Smoke and Carbon Monoxide Regulations 2015 are in force. Read more

  • 28 October 2015

    Residential Landlords take note: important changes to Section 21 notices from 1 October 2015

    A number of significant changes to the s.21 Housing Act 1988 regime for ending an assured shorthold tenancy (AST) will be coming into effect from the beginning of October. Read more

  • 14 July 2015

    Good Landlord Practice Series: Pre-action housing disrepair protocol

    As with all information pertaining to occupation of residential premises, the regulation of the standard of properties remains important, not only for the benefit of the tenant but also for the landlord. This article aims to take a brief look at the current position in relation to this protocol. Read more

  • 16 June 2014

    Break Clauses – “as you were”

    The recent Court of Appeal decision in Marks & Spencer plc -v- BNP Paribas Securities Services Trust Company (Jersey) Limited and Another [2014] EWCA C(iv) 603 is a blow to tenants. Read more

  • 16 June 2014

    Restrictions on User – Competition Law

    It is fair to say that competition law has been under the radar for many property lawyers, probably due to the fact that when the Competition Act 1998 (“Act”) was enacted, Land Agreements were excluded.  All that changed on 6 4pril 2011, and Land Agreements are now treated in the same way as any other Agreement for the purposes of competition law in the UK. Read more

  • 16 June 2014

    Break Clauses – “Form versus Content”

    Break clauses are a subject that will not go away.  A useful reminder of the need to take particular care when negotiating terms at the outset, and strictly complying with them when exercising a break, is provided by the case of Friends Life Limited -v- Siemens Hearing Instruments Limited [2014]. Read more

  • 25 July 2013

    Tenant’s refund for rent following the break date

    Comment on the recent case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company Ltd [2013] EWHC 1279 (Ch) on break clauses and rent refunds. Read more

  • 25 July 2013

    Commercial Rent Arrears Recovery: Guidance for Landlords

    An explanation of the new Commercial Rent Arrears Recovery provisions expected to come into force later this year. Read more

  • 30 May 2013

    Kenya Aid Programme v The Sheffield City Council

    Michael Fahy considers the recent decision of Kenya Aid Programme v Sheffield City Council [2013] EWHC 54(Admin) on the test for mandatory relief from business rates for charities. Read more

  • 30 May 2013

    Hunt & Others v Optima (Cambridge) Limited and Others

    Michael Fahy considers the recent case of Hunt & Others v Optima (Cambridge) Limited and Others [2013] EWHC 681 (TCC).  The Technology and Construction Court held that: a property developer; landlord; and architect were liable to long-leaseholder residents for defects in a block of flats. Read more