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Dispute Resolution Blog

Getting to the root of the problem in boundary disputes

David Stapleton
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Householders spending more time at home and in their gardens during the Covid-19 pandemic is fuelling a rise in boundary disputes as infrequent niggles have translated into nagging complaints, with overhanging branches, encroaching tree roots and towering...

THE COUNTRY STARTS TO UNLOCK - HOUSING LAW CHANGES

Nigel Bescoby
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Those that have followed my blogs on Housing Law throughout the pandemic should be aware that there are changes on the way as to how Housing law works in practice as the Country starts to unlock. It would appear from the latest Government announcement that...

Aspiring property hosts must check the small print

Nigel Bescoby
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As the shutters lift on life, with shops and bars opening and holiday planning underway, property owners may be thinking of cashing in on the demand for UK trips by offering their home for short-term lets, but they may run into trouble if they don’t...

A NEW DAY - A NEW EXTENSION

Nigel Bescoby
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You may recall that I posted a blog in relation to evictions being halted again . Yesterday we learned from the Government that the ban in relation to bailiff led evictions is to be extended beyond the 31 March 2021. It appears from Government sources that...

Evictions Halted - again!

Nigel Bescoby
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It has been announced by the Ministry of Housing, Communities and Local Government that the ban in relation to bailiff evictions is to be extended until the 31 March 2021. Those that have been following these blogs and the news will be aware that the ban was...

NEWS FLASH - HOUSING LAW UPDATE

Nigel Bescoby
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The Housing Team at Chatterton's Solicitors continue to monitor changes to Housing Law. The team is today able to confirm that Practice Directions 55C – Coronavirus – temporary provisions in relation to possession matters has today been...

Box In Every Day

David Rogerson
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With the significant increase in shopping online, receiving boxes via one of hundreds of white vans up and down our streets seems common place. With Christmas approaching, most of these boxes will be eagerly awaited but what happens when you receive a box...

To cover or not to cover, that is the question?

David Rogerson
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In an unprecedented year, businesses who believed they have taken the sensible option of insuring against potential losses, have been left high and dry. Having policies that were supposed to cover business losses as a result of matters out of their control,...

Landlords must gear up for new safety checks

David Rogerson
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Residential landlords must get their houses in order with the arrival of further legislation to protect tenants through electrical and building safety requirements.   New electrical safety standards are rolling out for private sector tenancies and...

HOUSING LAW UPDATE - MORE TWISTS AND TURNS

Nigel Bescoby
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Throughout the course of this year I have issued a series of blogs relating to Housing Law matters. The current pandemic has had a significant impact on both Landlords and Tenants. Claims for possession are due to resume as of Monday 21 September 2020. You...

Bonfires and the law: What are the rules, and have they changed in light of COVID-19?

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With the dark nights coming in and summer drawing to a close, you may be considering having a bonfire. Either to dispose of waste that has accrued over the summer, to celebrate bonfire night, or simply to keep you warm in the garden as the evenings get...

LANDLORDS AND TENANTS - NEWS FLASH

Nigel Bescoby
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As reported in earlier blogs the stay in respect of possession proceedings was due to be lifted this weekend. At the last minute it appears that the stay has been extended until the 20 September 2020. The Housing Team at Chattertons are monitoring this...

Debt collection in the wake of the coronavirus pandemic - what are the options?

Andrew Morley
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In these uncertain times, no matter how big or small your business is, managing cash flow can be challenging. One particular difficulty for many firms is dealing with debt collection. Maximising debt collection should be a priority for your business to...

Landlords reminded to watch the small print

Andrew Morley
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Landlords are breathing a sigh of relief over the news that a court has allowed an eviction notice despite a copy of the gas safety certificate not being provided before the tenancy started.  But experts are warning that attention to the small print is...

Landlords - Prepare for Reactivation!

Nigel Bescoby
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Landlords and tenants will be acutely aware of the stay imposed on Possession Proceedings. The stay is scheduled to end on the 23 August 2020. The big question though is what happens next? In short the answer is the new temporary Practice Direction 55C...

THE NEW ELECTRICAL SAFETY STANDARDS

Nigel Bescoby
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The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. The above Regulations were mentioned in my earlier blog "New Standards on the Horizon". The regulations came into force on the 1 June 2020. As a short...

HOUSING RELATED MATTERS

Nigel Bescoby
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On the 5 June 2020, the Housing Secretary made an announcement that the suspension of evictions from Private or Social Landlords would be extended until 23 August 2020. As a result of this decision it is unlikely that the vast majority of possession...

Coronavirus Act 2020 and Protection from Eviction

Nigel Bescoby
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Since my earlier blog on Housing related matters there has been a further update to the extent that all Housing possession claims are to be suspended for a period of 90 days. There is provision for this time limit to be extended. The announcement appears...

COVID-19 Office Closure

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COVID-19 CLIENT NOTICE Chattertons are open and we are working hard to provide our usual high standard of service to our clients. We are now able to see clients for essential meetings, by appointment only.   Most of our advisors are working...

COVID-19 - Residential Tenancies

Nigel Bescoby
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WHERE DO I STAND? Residential Tenancies As our day to day life changes, it is inevitable that people start to wonder where they stand, what is the advice, who do they approach for assistance. The information below is intended to assist Landlords and...

Coronavirus (COVID-19) - Impact on the Courts

Nigel Bescoby
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The impact reaches far and wide The current situation impacting on our day to day lives is also affecting how the Courts operate. The Lord Chief Justice has issued a message to Judges that preside in the Civil and Family Courts. The underlying message is...

Coronavirus COVID-19 Chattertons Update

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Chattertons Solicitors  are open for business.  However we are following government recommendations and would encourage you not to visit any of our offices except by prior arrangement. We are closely monitoring the developments of COVID-19 and are...

New Model for resolving Housing Disputes

Nigel Bescoby
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Those that have an interest in Housing Law and its development may be interested to read the Justice working party report which has just been published. The report looks to propose what is known as a "Housing Dispute Service". The working party...

New Electrical Safety Standards on the Horizon

Nigel Bescoby
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The draft Electrical Safety Standards in the Private (Rented) Sector (England) Regulations 2020 have been laid before Parliament. If passed there will be changes ahead. ...

When your gift becomes a bribe...

David Rogerson
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Christmas brings a round of festive celebrations with drinks, dinners and bottles of wine shared between customers and suppliers, but whether giving or receiving, businesses need to keep up with the rules on corporate gifting.  Under the regime...

Commercial Landlord and Tenant : Full Quarters Rent?

Annette Wood
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A tenant’s opportunity to effectively operate a break clause can be thwarted by underpayment of rent. Commercial leases often include break clauses where the operative date does not fall on a quarter day.  Increasingly tenants are looking to...

Home is where the heart (ache) is

David Rogerson
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For the majority of people, a house is the most expensive thing they will buy. Not only will they invest significant sums in a deposit but also enter into long term debt. And that is ignoring the emotional attachment and stress created by the whole process. ...

Unbundling

David Rogerson
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Unbundling In the context of legal services, the term 'unbundling' is used to describe provision of discrete acts of legal assistance under a limited retainer, rather than a traditional full retainer where a solicitor typically deals with all...

THE TENANTS FEES ACT 2019: WHAT LANDLORDS NEED TO KNOW

Andrew Morley
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New laws now ban Landlords and Letting Agents from making some charges and cap the amount of other charges.  The Government has been striving for some time to put tenants in the private sector on a better footing with the aim of ensuring landlords...

The Homes (Fitness for Human Habitation) Act 2018

Andrew Morley
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The Homes (Fitness for Human Habitation) Act 2018: What Landlords Need to Know New legislation aimed at ensuring rental properties are healthy and safe adds to the bewildering array of regulations already faced by residential landlords. Responsible...

The End to the Lawyer?

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With new technologies, come new ways to deal with legal issues. Disputes and complaints are being dealt with by online resolution services, draft wills can be downloaded on the internet and strides are being made to introduce electronic signatures in...

Paying Peanuts for Monkeys

David Rogerson
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When looking at a claim against a professional for negligent work, otherwise known as " professional negligence " does the amount of the fees charged by that professional make a difference to what standard of service you should have expected? The...

The Impact of Brexit on UK Insolvency Legislation

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The Impact of Brexit on UK Insolvency Legislation and Cross-Border Insolvency Proceedings With 2019 fast approaching, one of the growing uncertainties of Brexit is the impact it will have on Insolvency Practitioners during pre-insolvency proceedings, as...

Does Crime Pay?

David Rogerson
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If you involve yourself in mortgage fraud and end up without your ill-gotten gains, can you really complain? Well the answer in the case of Stoffel & Co v Grondona is yes! The Court of Appeal was asked to consider a case where a client who made...

Watch This Space

David Rogerson
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The Supreme Court will shortly be considering a long-running dispute about the rights of a client to sue his former solicitors. The court will hear the appeal of defunct claimant firm Raleys Solicitors against the ruling of the Court of Appeal in 2017. ...

Spotlight on Regulations for Residential Landlords

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 commons 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 - Data 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...

Know your onions

David Rogerson
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The recent case of Barton v Wright Hassall [2018] UKSC 12 raised two interesting issues, namely could ineffective service of proceedings be validated under the Court rules and are litigants in person to be given extra leeway if they make a mistake, as they...

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...

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