Those studying land law always mention modifying a covenant under s84 LPA 1925 in essay answers on tricky covenants – but property practitioners do not come across such applications that often. So, an article on a recent case will come as a useful illustration of the way the Lands Tribunal will consider and apply the …
Continue reading “Restrictive covenants – modification”
The ET has heard another case where a law firm seems to have failed in the basics. All law firms should take heed. The claimant worked in the conveyancing department of the law firm and was put on furlough but was dismissed in July 2020, having been given four weeks’ notice. She brought claims for …
Continue reading “Extension of time – Covid not enough”
We reported in our March 2021 edition (p31) on the whiplash reforms that will come into force on 31 May 2021 under which the small claims track limit for PI claims arising from an RTA will increase to £5,000. The government had intended to increase the small claims limit for non-RTA cases but has shelved …
Continue reading “Non-RTA limit – changing”
Rather like buses, it seems that one can wait a long time for cases relating to fundamental dishonesty, and then a number of them come along at the same time. We reported in our March 2021 edition (p29) on a case in which the HC found that although unreliable, evidence put forward by the claimant …
Continue reading “Claimant – fundamental dishonesty”
We reported in our March 2021 edition (p28) on the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 which provide that Ls of privately rented accommodation in England must comply with duties in relation to electrical installations. The regulations came into force on 1 June 2020 and apply to all new tenancies …
Continue reading “Electrical safety regulations – enforcement”
Prior to letting out a property, L or their agent must check that a T or lodger can legally rent a residential property in England. These are known as the ‘right to rent’ checks. There are exceptions for certain classes of people (for example, Commonwealth citizens) but in general terms, before the start of a …
Continue reading “Right to rent checks – changes”
We reported on the use of CVAs in the pre-Covid world in our November 2019 (p20) and Dec/Jan 2020 (p22) editions. A useful article brings us right up to date by discussing the use of CVAs by commercial Ts. CVAs have become a prevalent choice for Ts in financial difficulties, especially in the retail and …
Continue reading “CVAs – increased use”
The first case involving T’s liability to pay rent during Covid-19 has been heard. It will no doubt cause concern to commercial Ts faced with the devastating impact that the Covid-19 situation has had on the commercial property sector, particularly in retail. The almost overnight closure of thousands of retail outlets led to a catastrophic …
Continue reading “Commercial rent arrears – successful claim”