Articles

Employment Disputes and Settlement Agreements

This is a document that for many years used to be referred to as a Compromise Agreement.  Under the current legislation it is now referred to as a Settlement Agreement and is a legally binding Contract between an employer and an employee whereby the employee agrees to leave the Firm/Organisation normally in return for a largely tax free compensation sum.

New HMO Rules 2018 – The Government gets tough on HMO owners

This Government has for a long time now had a stated intention of getting tougher on Landlords who rent out unsuitable accommodation to large numbers of people.  Until now HMOs were largely defined as properties of three storeys or more with five or more people making up two or more separate households residing within them.  These were largely used by students, migrants and young professionals on low incomes.

By Russell Conway, 25th June 2018

Defective S.21 Notice- Gas Safety Certificates & Caridon Property Limited -v- Monty Shooltz

Welcomed by tenants and housing practitioners but perhaps a current landlord’s worst nightmare, HHJ Jan Luba QC has provided much needed clarification on the application of the Gas Safety (Installation and Use) Regulations 1998.

By Arman Khosravi, 13th February 2018

Estate Administration / Probate and Digital Assets

In the past couple of months, it is likely that you may have come across the ubiquitous success of Bitcoin in the news. Launched in the US around 2009, the cryptocurrency peaked in value in the tune of just under $20,000 in December 2017.

By Samina Aslam, 26th January 2018

What happened to marriage? Today’s popular trend is couples just living together. But what are the legal risks of this increasing trend?

It has recently been reported that the number of unmarried couples living together has more than doubled in the past 5 years. Unfortunately, the law has not caught up with the consequences / risks that cohabitees may face if they fall out or one passes away.

By Arman Khosravi, 17th January 2018

Property alterations, consent not to be unreasonably withheld and retrospective consent

If you are considering making alterations to your flat or apartment, you must check what consents you need from  the Freeholder to avoid breaching your lease.

By Arman Khosravi, 10th January 2018

Divorce and the Family House

When marriages break down it is inevitable that couples will ultimately separate and live apart.

By Jim Richards, 23rd May 2017

Divorce? The dangers of not using a Solicitor 

Many people use online services when divorcing now. At this time, many of us feel we need to save money, we may be looking at a situation where we will be financially much worse off in the future. There is therefore often a wish to try to reign in outgoings and try to agree an arrangement with an ex-partner, when we are not truly aware of what we may be entitled to on divorce.

By Jo Shortland, 8th May 2017.

The Dangers of DIY  Wills

We have all seen the DIY Will packs on sale at WH Smith and other high street retailers and on the face of it, these may seem like a good idea. But beware of the many pitfalls which will inevitably occur when making a Will without the advice of a legal professional!

By Lisa Bilham, 20th April 2017.

Housing Disrepair Explained 

Disrepair is not a straightforward word to interpret and, as with most legal definitions, it will depend on each individual situation and will be open to interpretation.

By Sharenjit Kaur, 12th April 2017.

Co-Parenting after Separation

The process of divorce or separation may cause a harmful impact on children. It is important to minimise conflict to the furthest extent possible. When parents are able to work together in a co-operative manner, the risk of negative emotions may be reduced and both parties will be able to play an active role in their child’s life.

By Kimya Asadi, 14th February 2017.

Wake-up! – I.D. Fraud costs Mishcon de Reya £1m, it’s time to take Cyber Crime seriously!

Mishcon’s was recently found liable to its client Dreamvar (purchaser) for breach of trust having failed to seek an undertaking from the seller’s solicitors that reasonable steps to establish their client’s identity was carried out.

 By Arman Khosravi, 7th February 2017.

The Extent of a Tenants Repairing Obligation in a Commercial Lease

There are generally two issues associated with the extent of the repairing obligation of a tenant in a commercial lease. These are (a) the extent of the repair and (b) the standard of the repair.

 By Alireza Nurbakhsh, 2nd February 2017.

The Supreme Court and Disinherited Adult Child Claims

An increasing number of legal challenges are being brought under the 1975 Inheritance Act, which stipulates that “reasonable financial provision” must be made in a parent’s will for the “maintenance” of a child — a definition now increasingly being applied to adult children.

By Arman Khosravi, 5th January 2017.

What will the effect of Brexit be on the Private Rented Sector?

This question has been pushed around by many who can only at best express a speculative view. However, with Theresa May having confirmed that Article 50 of the Lisbon Treaty will be invoked before the end of March 2017 the question demands constant review.

By Arman Khosravi, 30th December 2016.

Transfer of Equity

Transfer of Equity is a legal term referring to the transfer of the legal ownership of a property. It is different from buying and selling a property (in which also the legal ownership is transferred) in that there is usually no money changed hands by the parties involved.

 By Alireza Nurbakhsh, 15th December 2016.

Rogue Landlords Beware!

Local Authorities are now able to make an Application for a “Banning Order” to stop a rogue Landlord or indeed a Landlord’s Managing Agent from continuing to let properties where they have committed certain offences. Read more.

By Russell Conway, 9th December 2016.

Japanese Knotweed – A Pesky Problem!

Any conveyancer, estate agent, buyer or seller who has encountered Japanese knotweed will know that it’s presence can significantly impede the conveyancing process. Indeed there are no conveyancing or environmental searches that detect the presence of Japanese Knotweed. Read More.

By Deborah Mantell, 9th December 2016.

The Repairing Covenant for Latent and Inherent Defects in Commercial Leases

A tenant of a commercial property –especially in a newly built commercial centre— must take special care when reviewing service charge and service costs provisions. It is customary that the landlord passes on the liability for the maintenance and the repair of the building to the tenants.

 By Alireza Nurbakhsh, 1st December 2016.

Renewal of Business Tenancies by the Landlord under S.25 of LTA 1954

A business tenancy protected by the LTA 1954 will not come to an end automatically at the end of the contractual term. It will continue under the same terms until it is terminated by either the landlord or the tenant in a specified manner under the Act.

 By Alireza Nurbakhsh, 22nd November 2016.

AirBnB and Unlawful Subletting

It is now more common than ever that a prospective tenant will procure a tenancy with the intention of subletting without permission. This is known as ‘unlawful subletting’.

By Arman Khosravi, 21st November 2016.

Lease Extension

One of the most important questions a purchaser of leasehold property should ask is: “How long is the lease?” The length of a lease is important because…

By Alireza Nurbakhsh, 18th November 2016.

Restrictive and Positive Covenants

One of the first thing anyone who buys a property has to come to grips with is the nature of covenants governing his or her land. A covenant is a legal obligation to perform or not to perform certain acts with respect to property.

By Alireza Nurbakhsh, 4th November 2016.

Exercising the Break Clause in Commercial Leases and Tenant’s entitlement to Refund

In commercial leases –especially if the term is longer than 5 years—there may be a break clause which enables the Tenant to break the lease before the end of the term. This provides comfort for the tenant to end the lease in circumstances where the business is not doing well or the tenant is unable to pay rent.

 By Alireza Nurbakhsh, 21st October 2016.

How to Avoid Gazumping

Gazumping is a controversial practice which means when a seller accepts a higher offer on the property from a second buyer while in the process of selling the property to someone else.

By Alireza Nurbakhsh, 14th October 2016.

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