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Upper Tribunal ruling on student accommodation

Posted on 19/09/2017

Upper Tribunal rules that student accommodation that shares communal areas is not a dwelling for the purposes of section 27A of the Landlord and Tenant Act 1985. Section 27A of the Landlord and Tenant Act 1985 provides that an application may be made to the First Tier Tribunal for a determination as to whether a […]

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Can You Recover Costs in a Small Claims Dispute?

Posted on 25/08/2017

The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions. One of those exceptions is if the Court thinks a […]

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Right Of First Refusal – The Exceptions

Posted on 21/08/2017

As we have mentioned in a prior article (link below) it is essential that a Landlord making a “relevant disposal” of a building containing flats should comply with the requirement to offer the tenants the interest first (by serving a section 5 notice on them) as they have a right of first refusal under the […]

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Costs and Unreasonable Conduct in the First Tier Tribunal (Property Chamber)

Posted on 14/08/2017

In Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 290 (LC) the Upper Tribunal (Lands Chamber) (UT) gave guidance on Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013. In three conjoined appeals the UT considered, for the first time, how the Tribunal should exercise its discretion to award costs […]

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Our Plans for The New Debt Pre-Action Protocol

Posted on 08/08/2017

As you will now be aware the new PAP comes into effect on 1st October 2017 and applies to any business claiming payment of a debt from an individual. The PAP will require far more information to be provided to debtors in the initial Claim letter, together with an Information Sheet and Reply Form. The main […]

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Traditional markets and a new order

Posted on 01/08/2017

These are incredibly interesting and tumultuous times politically and economically but also within the property sector. Traditional markets such as those in the leasehold and ground rent world and also the residential sales and rental market seem to be about to go through some considerable changes from market pressures and also parliamentary scrutiny. It is […]

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EPC Minimum Energy Efficiency Standards 2018

Posted on 17/07/2017

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 were made on the 26th March 2015. They introduced a change in the law whereby from the 1st April 2018, it will be unlawful to privately let residential and commercial properties with an EPC rating of ‘F’ or ‘G’, unless one of the exemptions […]

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New Pre-Action Protocol For Debt Claims

Posted on 17/07/2017

On 1st October 2017, a Pre-Action Protocol for debt recovery claims will come into force. The Pre Action Protocol applies to any business, including sole traders and public bodies, claiming payment of a debt from an individual, including a sole trader. The Pre Action Protocol does not apply to business to business debts, that is unless […]

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Why Do You Need a Licence to Alter?

Posted on 10/07/2017

It is not uncommon for tenants to want to make changes to their property during their ownership perhaps to maximise the space available or to accommodate changes in family life.  The extent to which tenants can make those changes will depend on whether the lease contains absolute or qualified covenants; absolute covenants prohibit alterations completely […]

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Retention of Documents

Posted on 20/06/2017

We often get asked by clients “How long should we retain documents?” Obviously, no one wants the bother of keeping boxes and boxes of obsolete paperwork,  unless it is absolutely necessary. There is no hard and fast rule as to this. The general recommendation, where there could possibly be tax implications, is that documents should […]

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