News & Publications

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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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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