This is one of those very sad cases which arises out of the position of leasehold law in this country. Many things have been said about it in the past and I am afraid that this is a classic example of how difficulties can arise, regardless of whose fault the situation is, but it puts those who are thrust into that particular environment into an almost impossible situation once a relationship has broken down.
By Arman Khosravi, 8th July 2020
On 29 January 2020 the long-awaited appeal concerning the impact of service of a Gas Safety Record on a section 21 notice was heard by the Court of Appeal, which consisted of a panel of Lord Justice Patten, Lady Justice King and Lord Justice Moylan.
That was the question Mr Justice Mostyn had to decide in the recent cases of A Local Authority v AG  EWFC 18 & A Local Authority v AG (No.2)  EWHC 1346 (Fam)
By Oliver Conway, 8th June 2020
By Ron Gilfillan and Keshia Bushay-Ellis , 1st April 2020
Mediation is typically done face to face, with all parties in the same room for the majority of the time. If you are living separately under the same roof, there is no reason why mediation can’t be done via Skype or Zoom provided that both participants feel safe to mediate like this.
By Glynne Davies, 26th March 2020
By Russell Conway, 26th March 2020
The decision to get divorced is never easy. Ending a marriage doesn’t always mean ending a relationship. For many, especially when there are children involved, the other party will remain a part of their life, well after a decree absolute is pronounced.
By Barbara Marques, 20th February 2020
Oliver Fisher instructed on Court of Appeal case.
By Billy Clerkin, 27th August 2019
By Arman Khosravi, 2nd August 2019
A failure to comply with the Gas Safety Regulations could result in a section 21 notice being invalid.
By Billy Clerkin, 1st August 2019
Forfeiture of a Lease when there has been a breach
A failure to comply with a lease covenant could be: a failure to pay service charge, ground rent, unauthorised alterations, unreasonable noise nuisance, allowing damage / waste to property, illegal subletting, unlawful Airbnb, change of user, failure to provide access and even possibly any act that causes the insurance policy for the building to become invalid.
By Arman Khosravi, 30th July 2019
By Samina Aslam, 2nd July 2019
All non-domestic The distinction between fixtures and chattels is important for the calculation of Stamp Duty Land Tax in all land transactions. The reason is whereas Fixtures attract stamp duty, Chattels do not.
By Alireza Nurbakhsh, 6th June 2019
All non-domestic properties such as shops, offices, pubs, warehouses, factories and holiday rental homes, guest houses and even stables (unless you use the horses for farming) have to pay Business Rates.
By Alireza Nurbakhsh, 5th June 2019
Are you worried about leaving a gift to someone in your will? Whether it’s a family member, friend or someone else in your life, you might be worried about how that person will spend the money. Perhaps they have never been good with finances or your relationship with them has not always been easy.
By Lisa Bilham, 21st January 2019
Whether tenant or landlord you must scrutinise the wording of a lease to determine whether the roof and airspace could be developed, your prevented from development or the rights let to and/ or developed by a third party.
By Arman Khosravi, 27th November 2018
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.
By Russell Conway, 25th August 2018
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
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
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
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
By Arman Khosravi, 10th January 2018
By Jim Richards, 23rd May 2017
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.
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.
By Sharenjit Kaur, 12th April 2017.
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.
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.
By Alireza Nurbakhsh, 2nd February 2017.
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.
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 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.
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.
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.
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.
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.
By Arman Khosravi, 21st November 2016.
By Alireza Nurbakhsh, 18th November 2016.
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.
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.
By Alireza Nurbakhsh, 14th October 2016.