Property litigation

5 February 2015

Gordon Ramsay’s court room nightmare

The Chancery Division Judge Mr Justice Morgan recently refused to grant Gordon Ramsay a declaration that a personal guarantee for rent was not binding because his signature had allegedly been unlawfully obtained.

1 December 2014

‘Right to rent’ checks must begin – more responsibilities for landlords

As of 1 December 2014, Landlords have greater obligations to vet their tenants when granting a tenancy.

19 September 2014

Let me in. Where there’s a tenancy, there are tenants’ rights

For any landlord, the cantankerous tenant can be a nagging unwelcome problem. There is a juxtaposition between complicity in a ‘quick fix’ and slaloming through landlord and tenant laws to solve what can quickly become a time consuming and stressful issue. Whether the property is commercial or residential, the procedure for ousting a tenant can be intricate and unforgiving if shortcutted. Written tenancy agreement or not, rent arrears, concerns of disrepair or in the event of more unusual tenant behaviour, landlords and their letting agents all too often get it wrong. Naturally, this results in financial consequences and like so many recurring legal issues, it all could have been avoided at an earlier stage. 

20 August 2014

“All clear” on Section 21 Notices to Quit

A 'Section 21 Notice to Quit', is a notice which operates under section 21 of the Housing Act 1988 (the 1988 Act). It is a notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST).

The Supreme Court has refused permission to appeal in the case of Spencer v Taylor [2013] EWCA Civ 1600. This case sought to clarify the position in respect of service of s.21 notices for fixed term tenancies but upset many.  Now the position has been affirmed and it looks set to stay. 

22 May 2014

Break clauses breaking the bank?

The anticipated appeal of the High Court’s decision in Marks and Spencer plc (“M&S”) v BNP Paribas Securities Services Trust Company (Jersey) Ltd (“BNP Paribas”) was heard by the Court of Appeal on 25 March 2014.

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