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Property Litigation/Disputes

Covid19 and the rental market

David Feakins
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Emergency legislation is being implemented which will stop landlords from issuing proceedings to evict tenants. The Government announced radical measures yesterday. These measures ensure that no renter, in either social or private accommodation, will be...

The proposed end of "no-fault evictions"

Liz O'Mahony
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Under Section 21 of the Housing Act 1988, landlords can reclaim their property at the end of a fixed-term tenancy agreement without having to provide a reason. This is commonly called “no-fault eviction”. However, James Brokenshire, the previous...

More deregulation regulations coming!

Emma Jenkins
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For those familiar with residential tenancy disputes, you will no doubt be aware of the extensive rules in place to protect tenants, especially at the conclusion of their occupation. The legislation which introduced this enhanced protection is the...

Clear leases save significant costs

Daniel Sturman
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The High Court has recently reiterated the need for clarity in leases and of their terms in the case of Goldman Sachs International v Procession House Trustee 1 Ltd and Procession House Trustee 2 Ltd.   The case began with both parties agreeing on...

Inadequate commercial lease ruling

Daniel Sturman
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The Court of Appeal has recently ruled on the inadequacies of a commercial lease, which has sent a message to all landlords and tenants about the risks of an improperly drafted lease. In the case of J N Hipwell & Son v Szurek , Mrs Szurek, the tenant,...

2016 Legal 500 results are out!

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"A standout name in Essex" quoted by Legal 500 2016 for Birkett Long! This year has been a great success for Birkett Long, 3 of our partners have again been ranked as "Leading Individuals". These are Claire Read, Head of Wills, Trusts...

Eviction flaw alarm

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Residential landlords should be warned that crucial legal forms needed to evict tenants are flawed and could lead property owners to fall foul of the law. Most landlords know that if they do not protect deposits in an authorised tenancy deposit scheme,...

Commercial Real Estate - What to expect in 2015

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As January is already flying by, now seems a sensible time to consider what the next 12 months might have in store for those in the Commercial Real Estate Sector. It is hard to predict all of the potential developments, particularly with the Parliamentary...

Our Real Estate team is evolving

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It was great to see so many of our professional colleagues at our breakfast on 10 July to welcome our new Real Estate Department, which has been created to meet the challenges and demands of today’s property market. We look forward to seeing you at...

You can have common intentions as cohabitees - provided the court agrees with you

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This ever changing area of law has thrown up yet another controversial decision from the High Court. The facts of Aspden v Elvy are quite complicated, mainly because a different version of events is put forward by each party, below is a brief summary of the...

Dale Farm - where will they go?

Keith Songhurst
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It appears that the long running battle between residents of Dale Farm and Basildon District Council is finally nearing a conclusion of sorts with bailiffs poised to move in to evict the unlawful occupiers. With the eviction currently anticipated to...