Category Archives: Landlord and Tenancy Disputes
According to the latest statistics published by the Ministry of Justice 1,040,589 money claims were issued in England and Wales during 2010. It is believed that the 2011 figures (once published) will be even higher. With over a million claims …
Following the Court of Appeal’s judgment in Tiensia v Universal Estate, when it was found that the mandatory penalty to be imposed upon landlords in the event that they did not comply with the Housing Act 2004 would not be …
The Court of Appeal has held that a tenant failed to give vacant possession in accordance with the terms of the break clause in its lease. The tenant did not have to carry out repairs as a condition of the …
If you’re lucky enough to have negotiated a break option, it may be worth checking your lease and carefully considering the terms of the break clause. Firstly, if you’re looking to move, you need to be sure the moving costs, …
The Court of Appeal in the case of Grand v Gill [2011] was asked to determine the extent of a landlord’s repairing obligation in relation to damaged plaster finishings on the walls and ceilings of a flat. Under Section 11 …
Landlords since April 2007, must protect a Tenant’s deposit within a Tenancy Deposit Scheme (TDS) in order to avoid a claim by the Tenant for non-protection, as the like seen in recent cases Potts -v- Densley and Gladehurst Properties Limited …
Where a landlord lets residential premises under an assured shorthold tenancy and takes a deposit as part of the tenancy agreement, by virtue of section 213 Housing Act 2004 (the HA 2004) that landlord is required to do the following: …
A lease between a landlord and a tenant is a form a contract between two parties. The courts have been at pains in recent times to emphasise that position and apply ordinary principles of contract law to commercial leases. However, …
Catherine Brealey comments on the recent case of MW Trustees (and Others) v Telular Corporation. In a commercial landlord and tenant relationship it may frequently be necessary for one party to serve a notice on the other. For example, a …
Stephens Scown has retained its position as a leading law firm in the South West with the publication of the annual guide to the legal profession – the Legal 500. The firm, which has offices in Exeter, Truro and St …
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