Articles by ‘Dominic Whelan’

For the first time in a number of years the Court of Appeal has considered some of the less used grounds for opposing the grant of a new protected tenancy under the Landlord & Tenant Act 1954. If you’re a landlord who wants to successfully reject your tenant’s application for lease renewal this article points out what must be proven and what evidence you may need.

The case that I am reporting on today does not provide good news for potential Claimants. In the case of Xenakis & Corke v Birkett Long LLP, the Claimants (Mr Xenakis and Mr Corke) opened a restaurant together and formed a company called Blue & Ginger for the purpose. They also had another restaurant which they operated through Mr Xenakis’ family company which was called Pink & Lily.

According to the results of the latest “Which?” survey revealed today, 27% of UK adults have suffered some form of nuisance caused by their neighbours in the last year. The most common problem is noise caused by loud voices, music, pets or building work.

If the flat owners think they can do a better job of managing the building, they have a few options open to them.

Can you sue your surveyor if the company they worked for has become insolvent?

Insurance, home care and holiday provider Saga has reported that out of landlords aged 50 and over, 32% have had problems with tenants not paying their rent and 27% have had problems with tenants damaging the property. Our Property Disputes team offers top tips for avoiding problems like these.

If when you bought your flat, it had a short lease of 80 to 90 years remaining or less, you could be burdened with the unexpected costs of a lease extension.

The break clause is a useful tool, allowing flexibility to end your lease early if your plans change or things do not work out. However break clauses almost always have strings attached, many of which are onerous for tenants.

Recent figures from the Metropolitan Police indicate that prosecutions for squatting in London have fallen dramatically in the eighteen months since the legislation making squatting illegal in residential properties came into force. In the first few months prosecutions hit a peak of 28 in a single month but are now steady at single figures. The legislation therefore appears to be effective in deterring squatters from entering peoples’ homes.

The High Court has recently been dealing with a number of valuers negligence cases that arose out of the sharp fall in values at the start of the recession.

From today (6 April 2014), where a tenant of commercial property is behind in rent, the landlord can no longer enter and seize the tenant’s goods in payment, unless he first gives seven days’ warning.

Where a tenant of commercial property is behind in rent, Distress (or ‘Distraint’) entitles the landlord to send in a bailiff to seize the tenant’s goods, and then sell those goods to pay off the rent arrears. From 6 April 2014 this ancient remedy will be thoroughly overhauled.