News & Publications: Ranjeet Johal

Tough times for landlords

September 25th, 2017

Landlords have come under increasing pressure, and this pressure has been ramping up over the last few months with no end in sight. These truly has been a couple of years to forget for landlords and in this article, we consider some of the burdens being placed on landlords and the possible effects of these. […]

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New Pre-Action Protocol for Debt Claims

September 24th, 2017

On 1 October 2017, the Pre-Action Protocol for Debt Claims (‘the Protocol’) comes into force. The Protocol has the potential to have a large impact on businesses when it comes to recovering debts and will substantially increase the administrative steps and costs a business will have to go through when recovering debts from individuals. What […]

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The recovery of costs in small claims cases

April 21st, 2017

CPR rule 27.14 deals with the recovery of costs on the small claims track. The starting point is that the court may not make an order for costs, except for fixed costs and court fees, unless the opposing party has behaved unreasonably. The question of what constitutes unreasonableness, therefore, arises fairly often in small claims […]

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What is unreasonableness and how can I recover costs in the Tribunal

November 4th, 2016

A commentary on Willow Court Management Company (1985) Limited v Alexander [2016] UKUT 0290 (LC) and the recovery of costs in the First-tier Tribunal (Property Chamber) The power of a Tribunal to award costs is governed by the Tribunals, Courts and Enforcement Act 2007 (‘the Act’), which provides at section 29 that the costs of […]

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Long leases and Air BnB

November 2nd, 2016

Given the rise of short-term lets, particularly as a result of the growing popularity of platforms such as AirBnB, the judgment of HHJ Stuart Brigg in Nemcova v Fairfield Rents Limited [2016] UKUT 303 (LC) is one of some interest. The facts of this dispute were fairly straightforward. The tenant had admitted to letting her […]

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To whom does art belong?

January 13th, 2016

There is an age old question that remains unanswered: does art belong to the artist who created it; to the person who has bought it; or to everyone? In the matter of The Creative Foundation v Dreamland Leisure Limited and others [2015], the High Court had to answer a similar – although not quite as […]

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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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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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