In response to "public concern about the harm that trespassers can cause", a new offence of squatting in a residential building has been introduced by section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The law has been in effect since 1 September throughout England and Wales. Put simply, its aim […]
As owners of residential properties will be aware, the Landlord and Tenant Act 1987 states that any written demands for service charge must contain “the name and address of the landlord”. A recent decision of the Upper Tribunal (Lands Chamber) may well be important to them. In that case the service charge demand contained the […]
Following our recent seminar on property management in the recession, this article outlines some of the key points as a reminder to landlords that proactive management can be very beneficial. The seminar highlighted many issues that Alison Mould and Jonathan Hibberts, partners in the firm’s property litigation department, have experienced on a day to day […]
The pre-action protocol for terminal schedules of dilapidation was formulated ten years ago by the Property Litigation Association. It sets out a procedure for both landlords and tenants to deal with the issue of terminal dilapidations in an open manner, with the aim of facilitating a prompt settlement of claims and, where possible, to avoid […]
A Company Voluntary Agreement (CVA) provides a company (Debtor) experiencing financial difficulties with a quick and flexible way of essentially restructuring its debts with unsecured creditors with a view to continuing its business. Such debts would include rent owed to a landlord and may even permit a compromise of obligations owed by third party guarantors […]
Following the changes made to insolvency legislation a few years ago, the main type of insolvency with which we now deal is that of Administration. Law of Property Act Receivers tend to be appointed in relation only to foreign companies, Administrative Receivers are effectively being phased out and Company Voluntary Arrangements (CVAs) are less fashionable. […]