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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Without prejudice privilege – Law Society’s Gazette

‘The ‘without prejudice’ privilege refers to the inadmissibility of any party communications targeted toward settlement. The objective of this privilege is to encourage parties engaging in settlement consideration, by ensuring any information disclosed in the pursuit of settlement cannot be submitted in litigation proceedings (see Lord Griffiths in Rush & Tomkins v GLC [1989] 1 AC 1280).’

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Law Society’s Gazette, 15th February 2016

Source: www.lawgazette.co.uk

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Court of Appeal : LiPs can benefit from ‘without prejudice’ rule without knowing what it means – Litigation Futures

‘Litigants in person (LiPs) can benefit from the ‘without prejudice’ rule even if they do not know what it means, the Court of Appeal has made clear.’

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Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

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Landlords in England get ready for right to rent – Home Office

‘Landlords in England are being reminded that there is less than a month to go before “right to rent” rules go live.’

Full press release

Home Office, 8th January 2016

Source: www.gov.uk/home-office

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Radical thinking on enfranchisement – Tanfield Chambers

Posted December 9th, 2015 in enfranchisement, housing, landlord & tenant, leases, news, rent by sally

‘The law of enfranchisement is very complicated. A whole industry has evolved to try to interpret the provisions of the Leasehold Reform Act 1967 (“the 1967 Act”) and the Leasehold Reform Housing and Urban Development Act 1993 (“the 1993 Act”) and put them into practice. The cost and frustration to leaseholders of such a convoluted process is considerable.’

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Tanfield Chambers, 3rd December 2015

Source: www.tanfieldchambers.co.uk

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Interim Rent under the Landlord and Tenant Act 1954 – Hardwicke Chambers

Posted December 9th, 2015 in housing, landlord & tenant, leases, news, rent by sally

‘While many practitioners are familiar with the general workings of lease renewals under the ’54 Act, there is one aspect of the law that is often overlooked: interim rent under sections 24A to D. Andy Creer takes a look at the law.’

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Hardwicke Chambers, 20th November 2015

Source: www.hardwicke.co.uk

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Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another – WLR Daily

Posted December 4th, 2015 in apportionment, interpretation, landlord & tenant, law reports, leases, rent by tracey

Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another: [2015] UKSC 72; [2015] WLR (D) 501

‘A term would only be implied into a detailed commercial contract if its implication were necessary to give business efficacy to the contract or so obvious that went without saying.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

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Over egging it – Nearly Legal

‘This was a Court of Appeal hearing on an appeal on costs. The original case was the landlord’s claim for rent arrears of some £6,000 and interest. The landlord also claimed for physical damage to the property by the tenant amounting to some £20,000 and consequential loss of rent. The tenant agreed some £6,000 in rent arrears, but denied the property damage. The tenant counterclaimed for failure to repair the property and breach of quiet enjoyment. The tenant also challenged the landlord’s identity as landlord and the interest rate claimed.’

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Nearly Legal, 9th November 2015

Source: www.nearlylegal.co.uk

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Affordability and intentionality – adding it up – Nearly Legal

‘A second appeal from a s.204 County Court appeal that addressed the council’s decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was intentionally homeless for failing to pay the full rent).’

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Nearly Legal, 8th November 2015

Source: www.nearlylegal.co.uk

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Watford landlord fined £30,000 for housing 12 tenants in five-person flat – The Guardian

‘A landlord who made almost £27,000 a year by cramming 12 tenants into a property meant for five – with some sleeping in storerooms – has been fined £30,000 after pleading guilty to overcrowding.’

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The Guardian, 4th November 2015

Source: www.guardian.co.uk

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Landlord must hand back £70,000 in rent for letting substandard flat – The Guardian

Posted October 23rd, 2015 in landlord & tenant, news, proceeds of crime, rent, repayment by sally

‘A landlord who rented out a storage basement as self-contained accommodation for £975 a month after it was declared substandard has been ordered to pay back £70,000 in rent under the Proceeds of Crime Act.’

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The Guardian, 22nd October 2015

Source: www.guardian.co.uk

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Right to rent checks introduced for landlords in England – Home Office

Posted October 21st, 2015 in bills, documents, human rights, immigration, landlord & tenant, news, passports, penalties, rent by sally

‘The government has announced today that from 1 February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.’

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Home Office, 20th October 2015

Source: www.gov.uk/home-office

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Austerity and Public Law: Jed Meers: The Localism-and-Austerity Hybrid: The Case of Discretionary Housing Payments – UK Constitutional Law Association

Posted October 21st, 2015 in benefits, bills, budgets, housing, local government, news, rent by sally

‘In 2001, a small scale form of discretionary support was introduced to assist those on housing benefit who were unable to afford their rent: discretionary housing payments (DHPs). The numbers of awards were modest, reaching approximately 2,000 in 2002/3, and representing just £21million of expenditure per annum as recently as 2008/9 (source). This same scheme – administered by Local Authorities – now makes more than 390,000 awards per annum and the July budget of 2015 has allocated £800million for their use across the course of this Parliament.’

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UK Constitutional Law Association, 21st October 2015

Source: www.ukconstitutionallaw.org

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Listen very carefully, I shall do this only once – Nearly Legal

‘The Claimant in R (on the application of Brooks) v LB Islington [2015] EWHC 2657 (Admin) was the mother of 3 children, who applied to the local authority as homeless following her eviction from a housing association property for rent arrears on 24/3/2015. Sadly, Ms B’s adult, terminally ill, son died two days after the offer of interim accommodation that was the subject of this judicial review.’

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Nearly Legal, 27th September 2015

Source: www.nearlylegal.co.uk

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‘It did seem to be expensive’ – Nearly Legal

Posted August 14th, 2015 in landlord & tenant, leases, news, rent, service charges by tracey

‘Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC). If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?’

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Nearly Legal, 8th August 2015

Source: www.nearlylegal.co.uk

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‘It did seem to be expensive’ – Nearly Legal

Posted August 11th, 2015 in appeals, costs, landlord & tenant, leases, news, rent, service charges, tribunals by sally

If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?

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Nearly Legal, 9th August 2015

Source: www.nearlylegal.co.uk

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