News & Publications

Renewal commissions in letting agreements

September 17th, 2015

A recap on the decision in OFT v Foxtons Ltd. Back in 2009, the Office of Fair Trading brought an action against Foxtons in respect of various provisions in the terms and conditions for their letting-only service relating to the payment of commissions. Specifically, the OFT sought a declaration that these terms (payment of renewal […]

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Good news for landlords

September 12th, 2015

A comment on the decision in Chaplair v Kumrai [2015] EWCA Civ 798. In the last article that was posted on the subject of collection of service charge arrears, it was suggested that it is becoming somewhat difficult to recover the costs of proceedings instigated to recover service charge arrears when a claim is allocated […]

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Collection of Service Charge arrears

September 5th, 2015

Recovery of costs in the Small Claims Court. A very popular method of collecting service charge arrears is for a landlord to issue a claim in the County Court for damages. On many occasions, the leaseholder will not respond and so a judgment in default is obtained. This can be relied on as a determination […]

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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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