Real Estate Law Blog

14 May 2018

Break no Mistake

The importance of obtaining legal advice when exercising a break right in a lease cannot be overstated.  Despite the flurry of case law in this area in recent years, tenants are still getting their fingers burnt and finding themselves tied into leases, with all the associated commitments, having failed to comply strictly with the requirements of the lease.  It can prove to be a very costly mistake to make for the sake of perhaps trying to save what were considered to be unnecessary legal fees.

1 May 2018

Negligence claims against the NHS pose a property conundrum

We have heard lots about the perilous state of the NHS recently, including the fact that it is being crippled by rising clinical negligence claims, which cost it nearly £1.7bn last year.

Vanessa Rhodes

26 April 2018

Indexed Rent Reviews – are we getting them right?

In almost every aspect of life we all like to get a good deal.  It is no different with commercial rent.  Landlords and Tenants alike, both parties will be keen to maximise their profits and minimise their risks, which is why rent reviews are a particularly fundamental and heavily negotiated contract term.  Essentially both parties want entirely the opposite from the other. 

David Newnham

22 March 2018

Revisiting Res Judicata

When issuing proceedings to recover possession of property from a trespasser, a property owner will also often want to include a claim for mesne profits, these being the damages for use and occupation of the property. However, there may be circumstances where such a claim is not pursued at the same time and, instead, the priority is simply to obtain an order for possession as quickly as possible. 

13 February 2018

Tips for tenants on keeping pets and pawtential for change?

As a recent first time buyer one of the benefits I was looking forward to most about owning my own property was being able to head straight to Battersea Cats & Dogs Home (and that is exactly what I did –meet Cloud below ). According to the Dog’s Trust, who set up “Lets with Pets" almost half of UK residents own a pet. However, for pet-lovers one real disadvantage of renting or buying a flat in the UK is the common restriction on keeping pets.

 

Joanna Yates

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