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Legal Article

Mandatory Grounds for Possession

23 Aug 2021

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.…

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Legal Article

Possession Hearings

17 Aug 2021

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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Legal Article

Review Hearings in Possession Claims

29 Jul 2021

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…

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Legal Article

Businesses beware - the importance of a written contract

26 Jul 2021

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); &…

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Legal Article

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

23 Jul 2021

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…

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Legal Article

Practice Direction 57AC - Trial Witness Statements and Admissibility

22 Jul 2021

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…

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Legal Article

Break condition requiring vacant possession

09 Jul 2021

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.…

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Legal Article

Ending Tenancy Notice Periods

09 Jul 2021

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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Legal Article

Word of Mouth: The Law on Defamation

29 Jun 2021

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…

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Legal Article

Good Landlord Guide Part 2 - Gas Safety

22 Jun 2021

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…

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