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Dispute Resolution Blog

Renters (Reform) Bill

Nigel Bescoby
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The much anticipated and long awaited Bill has finally been published. The Bill in short is to look at changing the law about rented homes. The Bill introduces a number of changes and it remains to be seen what the final version will look like. Whilst the...

Rent-to-rent landlords cannot duck responsibilities

Andrew Morley
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The ‘rent-to-rent’ business model has seen a huge increase in recent years, reflecting the trend for businesses to take over utilisation of assets, like Uber and Airbnb.  But for landlords, it has given rise to confusion over the extent of...

What is contentious probate?

David Rogerson
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Contentious probate refers to any disputes about an individual's estate when they are no longer here. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many...

World Braille Day 2023

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Today (4 January) is World Braille Day. On the day of Louis Braille’s birth, this date is a reminder of the importance of not just braille but all accessibility of communication for people who are blind or visually impaired. Carrie Clewes, Equality...

WHERE THERE'S A WILL THERE'S A WAR

Andrew Morley
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Andrew Morley , Chartered Legal Executive and Partner at Chattertons has forty years' experience dealing with disputes and here he explains how a last will may not be the last word if someone decides to challenge this. Nothing is certain but death and...

Center Parcs settle discrimination claim after amputee denied use of activity slide

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CenterParcs UK has settled a discrimination claim following a case where a visitor to their Sherwood Forest Village was denied use of an activity slide due to having a prosthetic leg. The claim was submitted by Chattertons Solicitors on behalf of Andrew...

Discrimination in education - can you make a claim?

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In the UK, pupils and students are protected from being discriminated against by their schools, colleges and universities under the Equality Act 2010, but this doesn’t mean education is free from discrimination. It is important to be able to identify...

WORLD MENTAL HEALTH DAY 2022

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The World Health Organisation recognises World Mental Health Day on 10 October every year. The theme of 2022's World Mental Health Day, set by the World Federation for Mental Health , is 'Make mental health and wellbeing for all a global...

What is commercial litigation?

David Rogerson
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What is commercial litigation? Any legal action taken that involves a corporate party is commercial litigation. This includes anything from employment issues and contract disputes to major cases between large international companies. Commercial litigation...

Facial Recognition - What is the law?

David Rogerson
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In July this year, the Co-operative convenience store chain was found to be using facial recognition technology across stores in the south of England, leading to complaints being filed to the Information Commissioner's Office (ICO), who regulate the...

Garden predators invade the courts

David Rogerson
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Garden predators are taking root in the courts, as householders take action to fight off plant invaders that can be highly destructive and undermine property values.  One of the most common reasons for garden-related legal action is when Japanese...

Giving Evidence in the County Court: A Guide

Andrew Morley
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There is a County Court in every major town and city in England and Wales. These civil courts deal with a vast array of cases such as those involving breach of contract, negligence, accidents, consumer disputes, debt, land disputes, landlord and tenant...

County Court Video and Telephone Hearings: How to Prepare

Andrew Morley
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There is a County Court in every major town and city in England and Wales. These civil courts deal with a vast array of cases such as those involving breach of contract, negligence, accidents, consumer disputes, debt, land disputes, landlord and tenant...

How to make sure you get your deposit back as a student

Andrew Morley
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With the start of a new academic year fast approaching for many students, it is also the start of a new tenancy agreement. Although you’ve likely just paid your deposit, it is important to take steps from the start to ensure the full deposit will be...

What are you entitled to if your flight is delayed or cancelled?

David Rogerson
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Holidays abroad are back, but due to staff shortages, airports are struggling, and flights are being routinely cancelled and delayed across the country, including domestic and European routes often last minute. So with the school summer holidays fast...

Check the ground rules to avoid boundary disputes

David Rogerson
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Spring, warm weather and longer days sees a surge in interest in garden works each year, and where householders improve and replace, boundary disputes are sure to follow… One recent long-running case saw an Essex couple fighting over six inches of...

Start the new tax year with better debt recovery processes

David Rogerson
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The new tax year began on 6th April 2022, and while you may not have made any ‘new year, new you’ promises, perhaps it could be time to sort out your business finances. It can be easy to let things slip - a late invoice, a missed payment and even...

World Consumer Rights Day: Buy now, pay later and the law

David Rogerson
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World Consumer Rights Day will be on 15th March in 2022, with the theme of ‘Fairer Digital Finance’. This article looks at one of the most popular consumer credit schemes today - buy-now-pay-later. Buy-now-pay-later (BNPL) products have rapidly...

Chattertons welcome back David John as a partner to its Dispute Resolution Team

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Chattertons Solicitors & Wealth Management have welcomed back David John as a partner to its Dispute Resolution Team. The appointment further strengthens the firms Dispute Resolution presence in Boston as David brings with him a wealth of litigation...

Better Late Than Never: Review into the Treatment of LGBTQ Veterans

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The Government launches review into the treatment of LGBTQ veterans and the pre-2000 ban on LGBTQ+ Members of The Military. Prior to the year 2000, where four ex-servicemen and women who were dismissed for being gay, won their case in the European...

How to evict a commercial tenant

Nigel Bescoby
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If you are a landlord of a commercial property, you may find yourself in the circumstances where you need to evict a tenant and take back possession of your property. This area of the law can be complicated - your best route forward will depend on your...

A promising sign of a more inclusive world for the deaf community

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With Rose Ayling Ellis winning hearts and minds on Strictly Come Dancing , enquiries into British Sign Language (BSL) courses are soaring. One course provider reported a 2,844% increase in sign-ups for their free trial training programmes the day after...

Fireworks, bonfires and the law

David Rogerson
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If you are considering an at-home fireworks display or perhaps a bonfire, you need to be sure that you do not fall foul of the law. Rules concerning fireworks and bonfires are designed to keep us all safe and to prevent nuisance in the neighbourhood. In this...

Chattertons expands Team with appointment of Equality and Disability rights lawyer

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Chattertons Solicitors are delighted to announce the appointment of experienced lawyer, Carrie Clewes. Carrie specialises in assisting a wide range of clients who wish to bring claims for discrimination, harassment and victimisation. Claims can be...

Getting to the root of the problem in boundary disputes

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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...

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....

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

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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...