Archived Legal Articles from 2021

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Business Dispute Resolution

August

Mandatory Grounds for Possession

23/08/21

Over the course of the next few weeks, we will be looking at the grounds on which a residential landlord can rely on to take possession of their property back. Where do the grounds come from? There are 2 types of possession: via s8 of the Housing Act 1988 and via s21 of the Housing Act 1988.…

Possession Hearings

17/08/21

You've issued possession proceedings and have received a possession hearing date. Now what? What should you expect? The possession hearing is listed for a short period of time, usually around 15 minutes if the tenant has not raised any defences. As the claimant, the landlord will be expected…

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July

Review Hearings in Possession Claims

29/07/21

What is a Review Hearing? The review hearing is a new stage in the eviction process. After proceedings have been issued, the Court will schedule a review hearing. The purpose of this is to give the Court the opportunity to make sure the paperwork is in order and to offer the tenant an opportunity…

Businesses beware - the importance of a written contract

26/07/21

One of the biggest misconceptions is that just because you do not have a document in writing means you do not have a contract. A contract does not have to be in writing. A contract simply requires: · an offer; · acceptance; · consideration (such as payment); &…

Landlord's Remedies for non-payment of rent - July 2021

23/07/21

We are expecting legislation to introduce Arbitration for Landlords and Tenants and for the ring fencing of 'COVID' arrears. The CIGB introduces a moratorium which will provide a breathing space for eligible companies to allow them to enter into negotiations with creditors and will…

Practice Direction 57AC - Trial Witness Statements and Admissibility

22/07/21

The new Practice Direction 57AC (" the PD ") came into force earlier this year in the Business and Property Courts. It applies to any trial witness statements signed on or after 6 April 2021, whether the proceedings are new or existing. The PD requires trial witness statements to…

Break condition requiring vacant possession

09/07/21

Capitol Park Leeds plc v Global Radio Services Ltd [2021] EWCA Civ 995 (5 July 2021) Background This case concerned a three-storey modern commercial unit. It had been leased on 4 March 2002 for a term expiring on 11 November 2025. Clause 10 of the Lease was a tenant's break clause.…

Ending Tenancy Notice Periods

09/07/21

The most common question asked by landlords at the moment is "what's the notice period again?" Covid-19 and wreaked havoc on landlords and tenants of residential properties- not to mention keeping property litigation Solicitors on their toes with the frequent, and often last minute,…

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June

Word of Mouth: The Law on Defamation

29/06/21

In the 21st century, with the advent of social media, it is now easier than ever for people to publicise their thoughts, feelings and opinions and make them largely available to the public. However, publicising thoughts or opinions may have disastrous consequences and may result in someone bringing…

Good Landlord Guide Part 2 - Gas Safety

22/06/21

What are the responsibilities of a landlord? A landlord is legally responsible for the safety of the tenant. The landlord is responsible for:- · Repairing and maintaining gas pipework, flues and appliances · Ensuring that an annual gas safety check is carried out on…

The ban on evicting commercial tenants to be extended

22/06/21

The ban on evicting commercial tenants was due to be lifted on 30th June 2021, however the government announced on 16th June 2021 that this will be extended to 25th March 2022 to help those worst affected by the pandemic and who are still suffering due to ongoing restrictions. The government is…

Good Landlord Guide Part 3 - Electricity

22/06/21

What are the responsibilities of a landlord? Landlords must make sure that their properties are safe. Landlords are required to have electrical installations inspected and tested by a qualified person. Landlords must obtain an Electrical Installation Condition Report (EICR). This is provided…

Lifting of Winding Up Petition Restrictions

17/06/21

Whilst the next stage of restrictions has been extended to get the country out of lockdown, the current moratorium in respect of winding up petitions against companies is still due to end on 30 June 2021. Since the moratorium came into effect in 2020 there has been significant restrictions in…

County Court Judgments

16/06/21

The Prime Minister's finances have been the subject of public focus surrounding the recent local Government elections. However, the most recent headlines have been focusing on a County Court Judgment in the Prime Minister's name in relation to a defamation case which was brought against him by a…

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May

Misrepresentation: What is it and what remedies are available?

14/05/21

As a result of the global pandemic, a significant number of UK companies have had no option but to substantially reduce their operations or completely cease trading and close their doors. Whilst certain companies have managed to continue to operate throughout the last year, Covid-19 has resulted in a…

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March

Extension number... we've lost count

17/03/21

The Government has announced yet another extension on the ban on evictions for both residential and commercial properties. Residential Property On 10 March 2021, the moratorium on residential evictions which had been due to end on 31 March 2021, was extended until at least 31st May 2021.…

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February

Housing Possession Mediation Pilot Scheme

17/02/21

The government has launched an independent Housing Mediation Pilot Scheme. This is on behalf of the Ministry of Justice (MOJ) and will be funded by the Government. The service is in response to COVID 19 and will be a service to run along side all possession claims as they progress though the Court…

Restrictions on residential evictions to continue until 31 March 2021

17/02/21

On the 14 February 2021, the Housing Secretary, Robert Jenrick, announced that the current restrictions on residential evictions would continue until the 31 March 2021. This means a writ or warrant of possession cannot be executed for certain scenarios including anti-social behaviour, domestic abuse…

National Apprenticeship Week

10/02/21

National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…

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January

Property Possession - Frequently Asked Questions

21/01/21

Covid-19 has had a significant impact on Landlords and their ability to re-gain possession of their properties. Extensions to notice periods, stay on proceedings, a winter truce, have all played their part. Where are we now? What can a Landlord do? Here are some FAQs to help you on your way to re-…

Winter Truce Extended

12/01/21

With the recent announcement of Lockdown Part 3, the Housing Secretary, Robert Jenrick, has announced that the so called "winter truce" will be extended to the 21 February 2021. This means that the restrictions on executing a writ or warrant of execution or restitution, or delivering a notice…

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