146 results
17 Dec 2018 14:56
Taking possession without an order: A recipe for an unfair relationshipLenders that have been granted security over a debtor’s property typically have two options when seeking to take possession: they can apply to the courts for a possession order; or they can exercise their common law right and take possession without a court order. Until recently, it seemed more...
13 Dec 2018 15:46
Law Commission consultation on leasehold enfranchisement reformThe Law Commission has undertaken a “root and branch review” of all aspects of enfranchisement law and is consulting on detailed and wide-ranging proposals for reform. Housing Management & Litigation experts Karl Anders and Zoe McLean-Wells summarise some of the headline proposals and urge more...
10 Dec 2018 09:38
Newsflash: Dedicated Housing Court? Have your sayHousing Management & Litigation expert Karl Anders explains the Government’s call for evidence on the case for a dedicated Housing Court. Have your say by 22 January 2019. Call for Evidence: the case for a Housing Court The UK Government has publicised its commitment to ensuring that everyone, more...
10 Dec 2018 09:31
Commercial lease renewal: the death of contrived developmentsAlexander Bastin discusses the Supreme Court’s decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 on whether a landlord can oppose the grant of a new tenancy by relying on section 30 (1)(f) of the Landlord and Tenant Act 1954, if the works which it says it intends to do have more...
30 Nov 2018 13:51
The Disclosure Pilot: time to get readyParties using the Business and Properties Courts need to familiarise themselves with a new Disclosure Pilot Scheme that is set to commence operation on 1 January 2019. In this article, co-authors of Electronic Disclosure: law and Practice (OUP, 2017) Michael Wheater and Charles Raffin run through an more...
30 Nov 2018 09:14
Duval v 11-13 Randolph Crescent Ltd and the contingent obligation principle; or ‘What do promises to marry have to do with leasehold covenants?’In Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 the Court of Appeal applied what might be called ‘the contingent obligation principle’ to solve a problem that had arisen between the landlord (11-13 Randolph Crescent Ltd) of two houses that had been converted into 18 flats and two of the more...
29 Nov 2018 16:28
Every dog in a manger has its day: landlord’s obligation to enforce tenants’ covenants at the request of other tenantsThe Court of Appeal’s decision in Duval v 11–13 Randolph Crescent Ltd [2018] EWCA Civ 2298 is a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants. 11–13 Randolph Crescent, Maida Vale, London comprises two more...
28 Nov 2018 11:00
Long residential leases: Statutory pitfalls and protectionsLandlords and tenants of long residential leases should note key provisions in the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) which can either represent pitfalls or important protections when it comes to the service of notices, recovery of arrears and forfeiture. Walker Morris’ Housing more...
28 Nov 2018 09:17
Market Matters: November 2018A slightly negative trend for national house prices is being fed by a recent softening in new buyer demand, according to the RICS UK Residential Market Survey for October 2018. Sales were reported to be flat or negative across 11 of the 12 UK regions/countries during October. Respondents to the more...
23 Nov 2018 09:23
Mortgage fraudster allowed to sue solicitorsThe Court of Appeal has allowed a claim against negligent solicitors, despite the fact that the claimant had committed mortgage fraud. In so doing, the Court of Appeal has provided important guidance on the application of the ‘illegality defence’. Sandip Singh, a Director in Walker Morris’ Banking more...
14 Nov 2018 16:51
Is this the end of witness statements?I don’t know if it has come across your desk (or pinged up on your email), but there is an important survey being undertaken right now concerning the future role (if any) for factual witness statements in the Business & Property Courts. The survey link is here and I strongly encourage you to respond more...
8 Nov 2018 09:18
Injunctions in Anticipation of the Inevitable – Illegal Raves, Flytipping and TravellersThere are increasing numbers of injunctions against incursions onto private and public land by “persons unknown”. The owners of development land know only too well that in the often long periods before construction starts their land is vulnerable to fly tipping, illegal raves and occupation by more...
2 Nov 2018 09:16
'Top notch' Ten Old Square recognised for its expertise by the independent legal directoriesTen Old Square are “acknowledged as one of the finest, full-service Chancery sets, containing many outstanding barristers” in this year’s Chambers and Partners UK Bar 2019 rankings. We are recognised as “… a set that employs the latest technology and know-how to deliver a modern and efficient client more...
1 Nov 2018 16:58
Newsflash: Residential landlords should take note of new Residents’ Association RegulationsResidential landlords will be aware that Residents’ Associations can be involved in and represent tenants on a wide range of property management issues if they are formally ‘recognised’ under section 29 of the Landlord and Tenant Act 1985. In particular, recognised Residents Associations: must be more...
1 Nov 2018 16:52
Hardwicke celebrates yet more excellent results in Chambers UK Bar Directory 2019Hardwicke is celebrating excellent results in the newly released Chambers UK Bar Directory 2019 with new recommendations in Commercial Dispute Resolution, Restructuring & Insolvency and Real Estate Litigation. Several members also moved up a band in the areas they were recommended. Hardwicke more...
30 Oct 2018 15:18
“Hardwicke is a first division operation with great strength in depth” – Hardwicke achieves excellent results in Legal 500 2018Hardwicke is delighted to report excellent results in the 2018 edition of Legal 500. A new recommendation as a leading set for Insurance and Reinsurance has been added to Hardwicke’s recommendations as a leading set for Construction, Personal Injury, Professional Negligence, Property Litigation and more...
29 Oct 2018 12:14
Inquest into the death of Leon HoyleDavid James represented a Property Management and Lettings Company at the Inquest into the death of a 12-year-old boy who had tragically fallen through the roof of a disused building. This case was reported in the BBC and the Independent. more...
23 Oct 2018 13:45
Residential Landlords – are your advisers committing a crime, which could also see your possession case thrown out of Court?Following a recent cautionary case for residential landlords, Walker Morris partner and specialist Housing Management and Litigation solicitor Karl Anders explains why possession claims should be handled by properly qualified legal professionals. Market context There has been a proliferation, in more...
19 Oct 2018 08:53
Trespass: obtaining injunctions against “persons unknown”In recent years there have been a spate of trespass cases involving so-called “urban explorers”. Broadly, a group of individuals, having breached security measures, gain access to particular (often iconic) sites or buildings and record their activities, which are then posted onto social media. The more...
15 Oct 2018 15:17
Big changes for HMO landlords take effectNew government regulations came into force in England on 1st October requiring all new and existing landlords of Houses in Multiple Occupation (“HMO’s”) to obtain licences for their properties. Government estimates suggest that the Licensing of Houses in Multiple Occupation (Prescribed Description) more...
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