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Craig Walker
 

Landlords beware: invalid section 21 Notice due to failure to serve gas safety certificate

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The recent case of Caridon Property Ltd v Monty Shooltz (2018) has held that landlords cannot obtain possession of residential premises from a tenant held under an Assured Shorthold Tenancy (“AST”) in reliance on a section 21 Notice if they did...

Prescriptive Rights of Way - an easing of the evidential burden?

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It is often the case that a landowner’s exercise of a right of way over a neighbour’s land is challenged and there is nothing in writing to evidence the right. This is not necessarily fatal to establishing a right of way as in certain...

Taking care of the (fresh) evidence

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This article first appeared in the Estates Gazette. The case of Clear Call Limited – v – Central London Investments Limited [2016] EWCA Civ 1231 [2017] provides further guidance of the application of the Ladd – v...

Proprietary estoppel: family feuds and farming fall out

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Proprietary estoppel is an equitable doctrine which allows the court to prevent a legal owner of property (usually land) from asserting their strict legal rights, when it would be unfair to allow them to do so. This doctrine often arises in cases of family...

Right to rent

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This article follows on from our earlier update in January of this year on the ‘right to rent’ checks introduced by the Immigration Act 2014 (see here for a recap of these). From 1 December 2016, a number of the provisions of the...

Update: Foreign companies who own UK property are to be subject to new transparency measures

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On 12 May 2016, ahead of the anti-corruption summit in London, David Cameron announced proposals for legislative reforms which will introduce a new public register revealing the “true owners” of UK property bought by foreign companies. This new...

Commercial Real Estate: What can a Landlord do if a Tenant fails to pay rent?

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There are a range of remedies available to landlords of commercial properties where the tenant has stopped paying rent. Below is a brief summary of options that may be appropriate in the circumstances. Rent Deposit Drawdown If...

Private residential landlords: do you need a licence?

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You are a private residential landlord renting out a property in a “selective licensing” area – did you know that you could face a fine of £20,000 and be ordered to pay back rent to your tenants if you don’t have a licence? ...

X Factor, animal sanctuaries and the Angel of the North - who said the law of involuntary bailment is dull?

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In the recent case of Campbell – v – Redstone Mortgages Limited [2014] EWHC 3081 (Ch), the High Court considered the duties of mortgagees, landlords and others who find themselves in the position of involuntary bailee of goods left behind at a...

Is the Tide Beginning to Turn in Favour of Tenants in Relation to Breaks in Leases?

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For the first time the High Court has in the recent decision of Morgan J in Marks & Spencer Plc – v – BNP Paribas Securities Services Trust Co. (Jersey) Limited [2013] EWHC 1279 held that where a full quarter’s rent had to...