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Opinion | 17:04:23
A guide to squatting and adverse possession claims
Adverse possession, sometimes referred to as squatting, is the occupation of land by a person who is not legally entitled to or authorised to be there.
Opinion | 16:06:22
The Leasehold Reform (Ground Rent) Act 2022 – legislation with unintended consequences?
With only a matter of weeks to go before the Leasehold Reform (Ground Rent) Act 2022 (“the Act”) comes into force, here is a quick reminder of what the legislation is all about and...
Opinion | 28:01:22
Purplebricks – It’s My Property and I Will Sell It To Who I Want
Was Purplebricks right to delist a property from its website when it discovered the vendors – a Christian couple – were opposed to two gay men buying it? The controversy has raged across newspapers, TV and...
Opinion | 24:01:22
Assessing rent in lease renewals under the Landlord and Tenant Act 1954
The last 18 months have undoubtedly been an unprecedented period of uncertainty for retail tenants. One of the conundrums facing landlord and tenant alike has focused on the question of how rent should be...
Opinion | 10:11:21
Further restrictions on Commercial Landlords relating to the pandemic
Throughout the pandemic and as a result of the Coronavirus Act 2020 (“the Act”), there have been certain restrictions imposed on commercial landlords in order to protect their tenants. However, until now these restrictions did not mean that commercial landlords could not pursue rent arrears through debt recovery proceedings in Court.
Opinion | 10:11:21
What parties can expect from the new laws and code to resolve remaining COVID-19 commercial rent debts
The Department for Business, Energy & Industrial Strategy Government has published a long awaited press release confirming that new laws, together with an updated code of practice, to resolve remaining COVID-19 commercial rent debts are to be introduced.
Opinion | 22:10:20
How to correctly exercise a break notice in your commercial lease
Commercial landlord and tenant relationships are under strain, with many office tenants looking to reduce office space and with many retail tenants moving online and reducing the number of stores from which they operate. It will come as no surprise that an increasing number of commercial tenants are looking to exercise their break right within the lease.
Opinion | 10:08:20
Landlords: more new changes to affect your possession claims
Jacqui Walton offers a further update on the latest Practice Direction for landlords, coming into effect later this month.
Opinion | 03:08:20
Q&A: The expiry of the stay on possession proceedings – what happens next?
During the COVID-19 pandemic almost all forms of possession proceedings and enforcement action have been stayed. This means that, for parties currently involved in such proceedings, they have no choice but to wait until the stay period is over before they can continue their Court action.
Opinion | 23:07:20
Landlords: new changes to affect your possession claims
Landlords have been able to make new possession claims during the lockdown but there has been a stay on the Court issuing new and progressing existing proceedings until 23 August 2020. Urgent changes have now been made by the Government dealing with how claims will be managed by the Court. Court Practice Direction 55C has been introduced and comes into force on the 23 August 2020. These temporary provisions will be in effect until 28 March 2021
Opinion | 28:04:20
Coronavirus Act 2020: good news for private sector tenants but perhaps less so for landlords
The Coronavirus Act 2020 came into force on 26 March 2020 in England and Wales and will be in place until 30 September 2020. The legislation covering assured shorthold tenancies, regulated tenancies and fully assured tenancies has made changes to the notice period for Section 21 notices and Section 8 notices.
Opinion | 03:04:20
Residential tenants – Is rent still payable during the COVID-19 pandemic?
While the government is supporting tenants by preventing them from being forced out of their homes during the pandemic there is no exemption from paying rent. Tenants are reminded that they do not have a right to pay a reduced rent or no rent. They remain under a legal obligation to pay rent in full.