Background If a landlord does not protect a residential tenant’s deposit, there are repercussions. The Housing Act 2004 (“HA 2004”) imposes sanctions for non-compliance with the initial requirements to protect a deposit such that the court must order the landlord to pay a penalty award to the tenant (HA 2004, s214 (4)).  The level of … Continue reading →

Introduction Estoppel is a murky legal topic, encompassing a number of concepts that are easily confused.  This short note aims to momentarily clear the fog and allow a glimpse into some of those concepts. The doctrine of estoppel goes back to at least the 1600s.  There are many forms including Proprietary, Promissory, Contractual, Estoppel by … Continue reading →

Residential Possession Claims   It is already well known that the Coronavirus Act 2020 (“CVA 2020”) has created a series of issues for both landlords and tenants.  Colleagues Paul Tapsell and Nicole Jennings have both written about the implications for possession proceedings when the first lockdown was initiated. The ability of a landlord in either … Continue reading →

Introduction As we start to consider the possibility of lockdown lifting and our thoughts recklessly stray to the idea of getting away from it all, I thought I would dampen the exuberance by reminding us all of the perils of using leasehold property for holiday lets (Airbnb or otherwise). On the face of it, generating … Continue reading →

Introduction A break clause allows a party to a lease to terminate the agreement before the end of the term. Tenants of all shapes and sizes are often woefully unaware of the legal pitfalls that exist in any attempt they may make to deploy a break clause. If you have a preconception of some fresh-faced … Continue reading →

Parental alienation is no longer a fringe concept in family courts. It has been the subject of recent press coverage and is now used frequently in court. It is also a term that should be used with caution and is easy to jump to as a parent who feels treated unfairly. Many relationship breakdowns involve … Continue reading →

As an ex dairy farmer turned Barrister, I am frequently asked two things: 1. Is it true that cows know when it is going to rain and sit down to keep the grass dry? 2. Can I pick up a dead pheasant (or other game bird) on the road? The first question is perhaps better … Continue reading →

This month sees the end of a unique first six for our pupil Christian Fox. Christian has spent the entirety of the non-practising part of his pupillage either in lockdown, or under the restrictions imposed as a result of the current Covid-19 pandemic. He has not physically been into our premises at all during that … Continue reading →

The question of varying a Rose order has had new light shed on it by Mr. Recorder Allen QC in G v C [2020] EWFC B35 (OJ). For those of you who are not family practitioners, there follows a brief fly-past of what constitutes a Rose order. Matrimonial finance specialists may wish to move straight … Continue reading →

I have recently been asked by a commercial tenant, and not for the first time, do I have a lease or a licence? One might imagine that the document in which the details are set out would be very explicit. It is not always that simple. Just because the office, workshop, car park or sheep … Continue reading →

Background As a result of the current Covid-19 crisis, the backlog of cases is mounting, despite HMCTS’ commendable efforts to re-open courts and implement access to video, hybrid and telephone hearings. There are also reports of the crisis precipitating more cases than normal. Property possession claims wait in the wings, family and domestic abuse enquiries … Continue reading →

When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting … Continue reading →

Introduction On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That … Continue reading →