Commercial Property Litigation

Know your rights

The Government has issued a new consultation paper which could indicate the end of Assured Shorthold Tenancies (“ASTs”). The paper asks for views on the impact of removing ASTs and whether they should be ended without tenant fault, whether the...

New solicitor joins the dispute resolution team

Birkett Long is pleased to welcome Laura Meers to our Dispute Resolution team. Laura will be based in the firm’s Basildon office. Laura will be working in the South Essex Dispute Resolution team, assisting with a wide range of commercial and other...

You're too noisy!

Are you concerned that your business is causing a nuisance which could lead to a complaint or action being taken against you? With considerable pressure for new housing in the region, several of our clients, and businesses in general, have raised...

The signs and procedures guide for landlords

With 16,502 companies becoming insolvent in 2016, it comes as no surprise that landlords want clarification on how to protect themselves, their property and what to do if their tenant becomes insolvent. What do I look out for if I have suspicions my tenant...

Property litigation sector update - May 2016

In the recent case of Timothy Taylor Limited –v- Mayfair House Corporation Limited the High Court considered the balance to be struck between the right of a tenant to ‘quiet enjoyment’ of leasehold premises and the right of the landlord to...

"Lawyers are expensive" and "litigation costs a fortune"

As a dispute resolution lawyer I am all too aware that people are often deterred from instructing lawyers to assist in recovering debts or pursuing claims, or in defending such claims, due to their perception of the high cost involved.   I’m not...

Employees and workers and paid holiday

At the end of the year, the Employment Appeal Tribunal (EAT) decided that employees and workers are entitled to be paid holiday pay which includes non-guaranteed overtime.   This is on the basis that such pay (like certain bonuses and commission from...

Lawyers pay the price for failing to get a survey

Ask any property lawyer and they will tell you never to buy a house without first getting a survey.  However, that is exactly what Mr and Mrs Griffiths, both experienced lawyers, did and they certainly paid the price in a recent High Court case! Mr...

Valuer not negligent where report used for purpose outside scope of instruction

In the recent case of Freemont (Denbigh) Ltd v Knight Frank LLP, the High Court has reinforced the proposition that a valuer instructed to produce a report to a lender for security purposes does not owe a duty of care to an investor who subsequently relies...

Dilapidations - tips for tenants when moving premises

The natural tendency when a business moves is to focus on the new premises.  However, when a lease comes to an end a tenant will usually face a claim from their landlord for the cost of repairs and redecoration necessary to put the property into the...

Collect your debts and maximise your price

If you are considering selling your business you will be keen to maximise its value and the sale price that it will ultimately achieve. One factor that can have a significant impact on the price that a purchaser is willing to pay for a business is the...

Does LIBOR affect your interest rate?

  In recent weeks, there have been further developments in the LIBOR scandal. RBS has become the latest bank to be fined for involvement in fixing the LIBOR rate - in addition to Barclays and UBS.  It seems likely that other banks may also be...

What do you do about a problem like regulation?

We have previously reported on the Red Tape Challenge, launched by the Prime Minister in April 2011, which is about using the experience and ideas of those affected by regulation on a day-to-day basis to help cut the level of red tape.  The Challenge...

Protection and exploitation of trade marks

In an over-crowded market place the use of trademarks and distinguishing brands is increasingly important in order to differentiate products from competitors. The registration of a trade mark brings exclusive rights to use that trade mark to distinguish...

Proprietary Estoppel

Succession planning is always an important consideration for any family. A recent court decision regarding inheritance planning, both on death and in relation to lifetime trusts, has put the cat among the pigeons; confirming that not only farming families,...

Landowners advised to secure their land against unlawful entry ahead of proposed Dale Farm eviction

After a decade-long battle the proposed eviction of Dale Farm in Essex is due to take place today [19 September] – sparking concern among the region’s farmers and landowners as to where those evicted will go. The residents of Dale Farm may...

Home is where the hay barn is!

A couple has recently lost the right to continue to live in a £500,000 luxury home, that was disguised as a hay barn. Having applied in 2001 for planning permission to build a hay barn in a Green Belt zone, they promptly built what appeared to be a...

Solar panel lease agreements

The sun shines on the righteous - or perhaps that should read 'on the well advised'! Many clients are seeking our advice on 'standard' leases from companies interested in placing solar panels on the roof of their house. The offer is attractive; the house...

Urgent action advised for riot-related insurance claims

Any business or homeowners whose homes or property was damaged in the riot related incidents this week are being urged to act quickly to be able to recover their losses through insurance policies. The immediate instinct for those who have been affected is...

Check small print to avoid flood misery

As businesses in Essex mop up after this week’s floods, a leading solicitor is urging landlords and tenants to check the small print of their lease as insurers prepare to withdraw flood damage as standard. Flood risk cover has come under the...

Businesses - Are you paying too much rent?

For many years landlords held the upper hand when it came to negotiating new terms with tenants for them to remain in occupation of commercial premises following the expiry of their leases. Rents steadily increased for many years and there was generally no...

Court ruling will protect busy landlords from severe penalties

Since the Tenancy Deposit Scheme was introduced in 2007, landlords have faced the risk of being taken to court and ordered to pay three times the amount of their tenants deposit if they failed to protect the deposit in time. But a recent Court of Appeal...

Leasehold Liability

Author: Tom Lawrence The Landlord and Tenant (Covenants) Act 1995 was introduced following the recession of the early 90s. The Act provides former tenants who have lawfully assigned their interest in a lease (the assignor) with a degree of protection...

Property Litigation Expertise Recognised at Birkett Long LLP

Keith Songhurst, a partner at Birkett Long LLP, has been accepted as a member of the Property Litigation Association (PLA). There are only three members of the PLA in Essex, with Mr Songhurst becoming the only member based in the county town of Chelmsford. ...