Category: Property Litigation | LEXLAW Solicitors & Barristers

Section 8 Notices

Section 8 of the Housing Act 1988 allows a landlord to gain possession of a property under certain circumstances.

Post date 9 November 2021
Post author By LEXLAW Solicitors & Barristers
Post categories In Coronavirus, COVID-19, Landlord, Litigation, Property Litigation, Tenant, Uncategorized
Tags COVID-19, Eviction, Landlord and Tenant, Litigation, Property Disputes, Property Litigation

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How are the Courts dealing with COVID-related rental arrears?

The pandemic has resulted in revenue shortages and subsequent problems in meeting obligations, including the payment of rents and ancillary costs. We answer what options are available to tenants who are unable to meet rental payments.

Post date 28 September 2021
Post author By LEXLAW Solicitors & Barristers
Post categories In Arbitration, COVID-19, Landlord, Litigation, News, Property Litigation, Tenant
Tags commercial tenant, COVID-19, Debt recovery, Landlord and Tenant, Litigation, Second Opinion, Statutory demands, Unpaid rent, Winding-up Petitions

Government announces 15 year limitation period for “shoddy workmanship” claims

Extension of limitation period for claims against property developers for unsafe cladding will lead to further breach of building regulation claims.

Post date 6 July 2021
Post author By Shrey Bahl
Post categories In Civil Litigation, CPR, High Court, Litigation, Professional Negligence, Property Litigation
Tags grenfell, housing secretary, labour, legislation, Property Disputes, Property Litigation

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Commercial leases not frustrated by COVID-19 restrictions, High Court rules

The High Court has ruled that commercial leases were not “temporarily frustrated” by the coronavirus (COVID-19) pandemic and therefore the tenants were still obliged to pay rents to…

Post date 26 May 2021
Post author By Sivakumaran Sivathillainathan
Post categories In Breach of Contract, Business and Property Courts, Chancery Division, Civil Litigation, Contractual duties, COVID-19, High Court, HMCTS, Landlord, Litigation, News, Property Litigation, Summary judgment, Tenant, Uncategorized
Tags Breach of contract, Civil Litigation, commercial lease, Frustration, High Court, Judgments, Landlord and Tenant

Court of Appeal holds negligent surveyor liable for house’s full diminution of value

In Large v. Hart, the Court of Appeal held a negligent surveyor liable for a house’s full diminution of value as a result of his failure to draw the purchasers’ attention to the property’s defects prior to completion.

Post date 19 February 2021
Post author By Sivakumaran Sivathillainathan
Post categories In Court of Appeal, High Court, Litigation, Negligent Conveyancer, Negligent Solicitors, News, Professional Negligence, Property Litigation

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Professional Negligence: Solicitors duty to warn of obvious risks

In the Solicitors Disciplinary Tribunal case of SRA v David Hayhurst, the issue of whether a solicitor is under an implied duty to carry out work that is reasonably incidental to the retainer was examined.

Post date 22 September 2020
Post author By Jaron Dosanjh
Post categories In Civil Litigation, Legal Negligence, Litigation, Negligent Conveyancer, Negligent Solicitors, News, Professional Indemnity, Professional Negligence, Property Litigation, Solicitors Act 1974
Tags Advice on Risks, Claims against Solicitors, Negligent Lawyer, SDT, Second Opinion, SRA

Residential Possession cases resume on 20 September 2020

The moratorium on residential evictions comes to an end next week. New guidance is out on how landlords can issue County Court possession proceedings on tenants who have unpaid rent. However commercial tenants are protected from eviction until the end of 2020.

Post date 18 September 2020
Post author By Jaron Dosanjh
Post categories In Civil Litigation, County Court, COVID-19, Insolvency, Landlord, Litigation, News, Property Litigation, Tenant
Tags commercial tenant, county court, COVID-19, Eviction, Landlord and Tenant, Possession Hearings, Possession proceedings stay, Residential Landlord, Residential Property Disputes, Unpaid rent

Practice Direction 51Z: Automatic stay of possession hearings and appeals

The Court of Appeal has held that the automatic stay on possession proceedings imposed by Practice Direction 51Z also applies to appeals against possession orders.

Post date 28 May 2020
Post author By Sophia Hanif
Post categories In Coronavirus, Court of Appeal, COVID-19, CPR, Landlord, Property Litigation, Tenant
Tags possession

COVID-19: Protection for Commercial Tenants

The Government has announced measures to protect commercial tenants who cannot pay rent because of COVID-19, from eviction. If you need help with renewals, evictions or breach of tenancy, our expert business tenancy solicitors are ready to help you.

Post date 16 April 2020
Post author By Sophia Hanif
Post categories In Breach of Contract, Coronavirus, COVID-19, Property Litigation
Tags commercial lease, commercial tenant, COVID-19, landlord, Property Disputes, Property Litigation

Business tenancies under the Coronavirus Act 2020

In light of the current circumstances surrounding COVID-19 which are affecting many small businesses and individuals including commercial landlords, new legislation has been issued to assist these individuals.…

Post date 16 April 2020
Post author By Sophia Hanif
Post categories In Breach of Contract, Contractual duties, Coronavirus, COVID-19, Property Litigation, Uncategorized
Tags business tenancy, COVID-19, landlord, lease, Property Disputes, Property Litigation, tenant