Another unmarried couple in the Court of Appeal

June 21st, 2015

O’Kelly v Davies (2014) EVCA Civ 1606 This case concerned a property in Sketty Swansea owned in the sole name of Ms O’Kelly. Her former partner, Mr Davies, applied to the court for a declaration that he had an equal share in the property. He did not ask for the sale of the property because […]

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Tenancy Deposit Scheme: what are the penalties for the landlord if things go wrong?

June 8th, 2015

Okadigbo v Chan (2014) EWHC 4729 (QB) It is common for the landlord to take a dilapidations deposit at the start of a tenancy as a safeguard in case the tenant causes any damage to the property. The Housing Act 2004 introduced regulations which have, since April 2007, required deposits to be placed in approved […]

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The Right to Manage – can an RTM Company manage more than one building?

April 23rd, 2015

The right to manage was introduced by the Commonhold and leaseholder Reform Act 2002, which created the ability for a “right to manage” company (‘RTM company’) to be formed and exercise the management functions contained in the leases, such as insuring the block and collecting service charges. This right is exercisable in respect of a […]

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The Bats of Law: Unmarried couples and property ownership

April 17th, 2015

Unmarried couples who own their own home and split up face real difficulty in determining their shares in their property where they do not agree. The couple do not have the same legal statutory rights as a divorcing couple. It is important to remember that there is no legal concept of common law wife or, […]

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Leave thy lascivious wassails

April 8th, 2015

Anthony & Cleopatra Act I, sc4 Add-backs and the case of MAP v MFP (2015) EWHC 627 (Fam) In February 2015 the High Court heard the wife’s financial remedy claim, the wife having the initials MAP. She was aged 60. Her husband, MFP, was 62. It was a long marriage of forty years until separation […]

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New wind in old sails

March 28th, 2015

Wyatt v Vince [2015] UKSC 14 On 11 March 2015, the Supreme Court published its decision in the case of Wyatt v Vince, which has received very wide publicity. This interest was sparked partly because this couple divorced more than 22 years ago – the final divorce decree was granted on 26.10.92 – and partly […]

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Employment settlement agreements

March 19th, 2015

Settlement Agreements are written agreements entered into by employers and employees at the end of an employment relationship. Until recently they were known as compromise agreements. They are governed by employment legislation, which has established certain safeguards that must be met for these agreements to be binding. Rights As well as contractual rights relating to […]

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New home warranties

March 17th, 2015

When a new home is sold by the builder, the buyer needs a warranty that it has been built in a good and workmanlike manner and that he has recourse in the event of any defect. The builder provides the initial warranty under the contract for sale. Alas the building industry is no more resilient […]

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Trees on the line

March 2nd, 2015

There was an old lady of Staines Who’s ash tree fell on some trains The train company sued her But the judge said “that’s nature” And we think the court’s lost its brains Next time you are wondering why your season ticket price has gone up, or why you are sat in a darkened railway […]

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More good news for landlords?

February 19th, 2015

In the recent case of R (Tummond) v Reading County Court [2014] EWHC 1039, an application for judicial review was refused by the High Court. The tenant of a property initially defended possession proceedings brought under section 21 of the Housing Act 1988 and his defence had been dismissed. The tenant appealed but was not […]

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