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Right to Rent Checks

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Legionella

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - The How to Rent Guide

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Fire Safety

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Smoke and Carbon Monoxide Alarms

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Who are you?

David Rogerson
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There has been a recent spate of cases revolving around fraudsters acquiring properties by using false ID documents and then selling them on to unsuspected buyers. They then disappear with the money before the fraud is discovered. So what can the true owner...

Spotlight on Regulations for Residential Landlords - Gas Safety

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

But Why?

David Rogerson
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We always hear our kids say this when they cannot comprehend the unfairness of a situation. This sometimes happens in Professional Negligence cases and a good example is the case of BPE Solicitors v Hughes-Holland [2017] which was decided by the Court of...

Spotlight on Regulations for Residential Landlords - Electrical Safety

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

SPOTLIGHT ON INFORMAL LETTINGS OF COMMERCIAL PROPERTY

Robert Clark
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Let us suppose that you are a landlord of a commercial property which is empty whilst you decide what you want to do with it.  Rather than letting it stand empty, you decide to grant a short tenancy and you find a tenant.  A rent is agreed but to...

Spotlight on Regulations for Residential Landlords - Health and Safety

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Adjudicate! Adjudicate!

David Rogerson
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(An Amendment to the Professional Negligence Pre Action Protocol) An amendment to ‘The Pre-Action Protocol for Professional Negligence came into force recently. The amendment to the protocol was made following a pilot to establish a scheme of...

Spotlight on Regulations for Residential Landlords - Condition

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Inventory

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Don't shoot the messenger

David Rogerson
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The Court of Appeal has recently confirmed the ruling of the High Court that a barrister and their instructing solicitors were not negligent in giving advice to a client to settle her claim for compensation during a trial following a road traffic accident. ...

Spotlight on Regulations for Residential Landlords - Discrimination Legislation - Disability

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Discrimination Legislation - General

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Houses in Multiple Occupation (HMOs)

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Legal Title

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Protecting your hard-earned assets

David Rogerson
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Businesses and private individuals all rely on the expertise of investment advisors to make sure they maximise their financial assets and minimise tax liabilities. However, investment advisors may rely on the professional expertise of a network of...

Spotlight on Regulations for Residential Landlords - Buildings Insurance

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Lender Consent

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Taxation

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

Spotlight on Regulations for Residential Landlords - Tenancy Deposit Protection

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

GO WITH THE CROWD

David Rogerson
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Funding any type of litigation can be a problem. If you are seeking  justice for a Professional Negligence claim, you may be daunted by the fact the other party is likely to be insured and have deep pockets with which to defend any claim you bring....

Spotlight on Regulations for Residential Landlords - Energy Performance Certificate (EPC)

Andrew Morley
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Landlords today face a bewildering array of regulations. Many are centred around tenant safety and might be thought matters of common sense or good practice, but any breach could lead variously to a fine, compensation claim, a Prohibition Notice requiring...

No time like the present - Bring professional negligence claims in a timely manner

David Rogerson
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Most claims have to be commenced within set time limits otherwise they become statute barred pursuant to the Limitation Act. For instance, breach of contract claims will need to be bought within 6 years of the date of the breach of contract. Professional...

A guide to rent increases for residential landlords

Andrew Morley
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For a residential landlord a good tenant is one who pays the rent (in full and on time) and looks after the property. And if they do that the landlord will probably want them to stay for a long time. The longer the landlord and tenant relationship continues...

Serve them a Writ and be damned!

David Rogerson
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This may have been the cry in the past but pursuing a Professional Negligence claim today is much more of a considered approach. As with many types of claim, there are Pre Action Protocols to follow which encourage parties to be more open with their...

Professional Negligence - Can I afford to make a claim?

David Rogerson
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Professional negligence claims can be complex and therefor the legal cost of pursuing them can be high. Chattertons offer a range of funding options and all these should be considered carefully at the beginning of any case: Standard Hourly Rate: This is...

Instructing a law firm for the first time - what to expect

Claire Matthews
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Legal issues can be complicated, daunting isolating and overwhelming, that is why you instruct a legal advisor to help you with whatever issue you may be facing, from conveyancing or wills through to employment disputes and litigation. Chattertons are a full...

From bad to worse - how periods of recession increase negligent claims

David Rogerson
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Professionals such as accountants and tax advisers are meant to provide trustworthy financial and taxation information and advice to a company and/or individual. Although a full review of any case is required to assess a potential claim, here are some...

What is Alternative Dispute Resolution (ADR)?

Andrew Morley
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Few would chose to become embroiled in a Civil Court case. These are cases to resolve disputes in such diverse areas as boundaries, landlord and tenant, professional negligence, challenging wills, contractual and consumer disputes. But surely, if you have...

Costly Conflict

David Rogerson
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Solicitors have an absolute duty to act in the best interest of their Clients. This is a cornerstone for the Legal Profession. Part of this duty is to ensure that you do not act where there is a conflict between your own or your clients’ interests. In...

Landlords have just months to meet energy performance targets or face big fines

Andrew Morley
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From 1 April 2018 Regulations under The Energy Act 2011 (EA 2011) will make it unlawful for a private Landlord to rent out a domestic property that does not have a minimum energy rating of E. This will apply to all new tenancies and renewals after that date....

No pot of gold at the end of the rainbow

David Rogerson
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Most people who take out a pension feel they have acted sensibly and secured their future financial security. Working for many years to save sufficient for a happy retirement. Unfortunately some are in for a shock when they get closer to retirement and find...

One day son, all this (hopefully) will be yours

David Rogerson
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You always hope that whatever property you buy will be worth what you paid for it but what if the valuation you relied on was wrong? If a surveyor is negligent when producing a property report, what loss can be recovered? The general rule is that a...

Death of the "7 day" letter? New Pre-Action Protocol "PAP" for Debt Claims from 1 October 2017

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The Ministry of Justice has published the final version of the new Pre-Action Protocol for Debt Claims. This comes into force on 1 October 2017. Who will this impact? The PAP applies to any business (including sole traders and public bodies) claiming...

Landlords hope to gain as new legislation aims to make local housing authorities act sooner on homelessness applications

Andrew Morley
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According to statistics released by the Department of Communities and Local Government, during the quarter January to March 2017 28,430 households in England made homelessness applications to local authorities and of those applications 29% were due to a...

When it goes wrong...it goes wrong

David Rogerson
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Have you bought a property only to find out sometime later that you have not got what you thought you had? You would expect your solicitors to pick up everything about the property and advise you accordingly. Unfortunately, things do sometimes get missed and...

Being let down

David Rogerson
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Every solicitor owes a duty of care to their clients to give professional and appropriate advice. Unfortunately, sometimes things can go wrong and the outcome of your claim may not be as you expected. This often the case in personal injury and/ or clinical...

SPOTLIGHT ON FORFEITURE OF COMMERCIAL LEASES

Robert Clark
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In the context of commercial leases, forfeiture simply means termination of the lease by the landlord for some default on the part of the tenant. With rare exceptions, the landlord needs to be able to rely upon an express forfeiture provision contained in...

SPOTLIGHT ON DILAPIDATIONS

Robert Clark
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Landlords and tenants of commercial property need to keep a close eye on repairing obligations under a lease. Claims for breach of a repairing obligation are known as “dilapidations claims”.  The subject of dilapidations claims never goes...

Going to see a man about a dog...

David Rogerson
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Should lawyers should fear the implications of a case where an architect was found liable for free professional advice to friends? Perhaps not but they must still exercise caution. The Court of Appeal will give judgment in coming weeks over a £265,000...

WHERE THERE'S A WILL THERE'S A WAR

Andrew Morley
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Your last will may not be the last word if someone decides to challenge this. Nothing is certain but death and taxes, so the proverb goes. And in death is the final chance to determine how your hard earned money is distributed. This is done by a will and in...

Just hold your horses... Pre Action steps in Professional Negligence Claims

David Rogerson
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Gone are the days when the first step in making a claim was to issue proceedings. “Just serve them with a Writ” was the mantra but now we are all encouraged to try and resolve matters before venturing through the Court’s doors. Indeed,...

Where does the responsibility lie when it comes to transactional losses?

David Rogerson
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Solicitors have hailed a Supreme Court decision in a professional negligence case as providing much needed clarity on their liability when they mistakenly give a client wrong information. In BPE Solicitors and Anor v Hughes-Holland (in substitution for...