The new era of housebuilding needs new property laws – The Guardian

Posted December 5th, 2016 in enfranchisement, leases, news, rent by sally

‘Leasehold houses aren’t the only problem area – apartment buyers need help too.’

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The Guardian, 3rd December 2016

Source: www.guardian.co.uk

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Not just any contract… – New Law Journal

Posted November 29th, 2016 in appeals, contracts, drafting, news, rent, Supreme Court by sally

‘Andrew Burns QC & Ishaani Shrivastava examine the implication & construction of contract terms following Marks & Spencer.’

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New Law Journal, 25th November 2016

Source: www.newlawjournal.co.uk

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In residence – New Law Journal

Posted November 22nd, 2016 in covenants, hotels, housing, leases, news, rent, tribunals by sally

‘Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb.’

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New Law Journal, 18th November 2016

Source: www.newlawjournal.co.uk

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New-build ground rent scandal could spark legal battles – The Guardian

Posted November 21st, 2016 in conveyancing, negligence, news, rent, solicitors by sally

‘With thousands of homebuyers caught out by rapidly rising rents, the solicitors they used may face claims of professional negligence.’

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The Guardian, 19th November 2016

Source: www.guardian.co.uk

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If it ain’t broke – Hardwicke Chambers

Posted November 9th, 2016 in landlord & tenant, leases, news, rent by sally

‘The interplay between tenants’ rent obligations and their ability to break the term of their leases has for a number of years been a topic which has been of considerable interest to practitioners advising both either landlords or tenants. Two cases in particular will have been high on the radar in advising clients both before and after the exercise of a break clause.’

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Hardwicke Chambers, 12th October 2016

Source: www.hardwicke.co.uk

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In the Tribunals… – Nearly Legal

Posted October 10th, 2016 in costs, landlord & tenant, news, rent, service charges by sally

‘Ms K had a weekly tenancy of a flat (initially her daughter’s flat but assigned to her in 2014 by mutual exchange). The tenancy agreement provided for the payment of rent and also a weekly payment for service charge, originally £14.60. In 2015 the service charge was raised to £16.22. The tenancy agreement specified payment of the service charge but the space for the services to be provided was left blank.’

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Nearly Legal, 10th October 2016

Source: www.nearlylegal.co.uk

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Men sentenced over illegal supply of migrant workers in East Anglia – The Guardian

‘Two brothers who acted as illegal gangmasters in Wisbech have been given two-year prison sentences suspended for two years at Cambridge crown court.’

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The Guardian, 13th September 2016

Source: www.guardian.co.uk

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Councils warned to expect large number of appeals over “pay to stay” – Local Government Lawyer

Posted August 31st, 2016 in appeals, housing, local government, news, rent by sally

‘Councils can expect costly challenges and appeals as more than 70,000 social housing tenants face £1,000 a year average rent rises under the ‘pay to stay’ regime.’

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Local Government Lawyer, 30th August 2016

Source: www.localgovernmentlawyer.co.uk

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Barristers still face flexible working penalty – The Bar Council

Posted August 2nd, 2016 in barristers, equality, flexible working, press releases, rent, women by tracey

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

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The Bar Council, 1st August 2016

Source: www.barcouncil.org.uk

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Barristers still face flexible working penalty – The Bar Council

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

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The Bar Council, 19th July 2016

Source: www.barcouncil.org.uk

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Wrong warrants? Issues in N325 compliance – Nearly Legal

‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’

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Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

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McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers

‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’

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Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

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Rent increases and rent lawfully due – Nearly Legal

Posted June 23rd, 2016 in landlord & tenant, news, rent by sally

‘A few years ago now, I was instructed by Luton Law Centre in a series of possession cases brought by BPHA (a housing association) in Luton and Bedford County Courts. The claims were all for rent arrears, brought variously on Housing Act (HA) 1988 Sch 2 Grounds 8, 10 and 11. Their common feature was that, in all of them, BPHA had (apparently unwittingly) been raising the rent in breach of the terms.’

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Nearly Legal, 22nd June 2016

Source: www.nearlylegal.co.uk

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From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

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Is there a human right to the city? Rethinking the politics of rights – OUP Blog

Posted June 9th, 2016 in housing, human rights, local government, news, rent by sally

‘What gives you the right? We are familiar with rights claiming, it comes easily to our lips when we believe we are entitled to something—to respect, to our fair share. Rights are fighting words. We invoke them when we have been wronged, when a situation has become intolerable. Rights claims are a way of fighting for control.’

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OUP Blog, 9th June 2016

Source: www.blog.oup.com

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The Bar and shared parental leave – Cloisters

‘Since Shared Parental Leave (SPL) came into force a year ago on 5 April 2015, I have written, lectured and advised widely about this new legal entitlement. The people I have not engaged with much about SPL are barristers – for the key reason that as self-employed professionals rather than employees, they are excluded from this legal entitlement.’

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Cloisters, 7th April 2016

Source: www.cloisters.com

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Commercial Landlord & Tenant Law – New Square Chambers

‘In 2011, Marks and Spencer plc (“M&S”) operated a “break clause” in commercial leases of office premises. Following determination, M&S sought to recover from the landlord advance quarterly rent that it had paid for the period after the successful break. M&S relied, in part, on an implied term claim that post-break rent should be returned to it. The landlord denied the claim and litigation ensued. Morgan J in the High Court gave judgment for M&S on the claim. The Court of Appeal unanimously reversed the judgment. The Supreme Court unanimously dismissed M&S’ appeal and re-stated the principles for the implication of contract terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd[2015] UKSC 72, [2015] 3 WLR 1843.’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

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Call for chambers rent rebates so male barristers can share parental leave – Legal Futures

Posted April 12th, 2016 in barristers, equality, news, paternity leave, rent by sally

‘The Bar Standards Board is to investigate whether male barristers with new-born children should be entitled to a form of shared parental leave (SPL), with the Bar Council calling for provisions which would give them a rent rebate from their chambers while not working.’

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Legal Futures, 12th April 2016

Source: www.legalfutures.co.uk

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Ten new laws that come into force in April 2016 – and how they affect you – The Independent

‘April 2016 is a month of big changes for people living and working in the UK. A number of new laws and policies are coming into force, affecting just about everyone from public sector workers to dog owners. Here’s what the new laws could mean for you.’

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The Independent, 3rd April 2016

Source: www.independent.co.uk

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Nor any drop to drink – Nearly Legal

‘Jones v London Borough of Southwark [2016] EWHC 457 (Ch). Quite a lot of councils have agreements with water suppliers under which the council will collect water charges from their tenants, effectively as an addition to the rent. This case concerned a challenge to the nature and validity of Southwark’s agreement, at least before 2013.’

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Nearly Legal, 5th March 2016

Source: www.nearlylegal.co.uk/blog/

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