The Supreme Court has handed down its decision in the case of Duval v 11-13 Randolph Crescent Limited this month (May 2020), which will have far reaching practical implications for landlords when dealing with requests for consent by leaseholders. By way of background, Dr Duval is a leaseholder in a block of residential flats of […]
Mental capacity regarding financial affairs relates to the ability to make a decision that may have a financial consequence. This could include, for example, buying or selling property, seeking a divorce, obtaining a loan, entering into a contract, or entering into legal proceedings. Capacity is decision-specific so, whilst someone may have the capacity to make […]
Lord Templeman was a renowned former High Court Judge and Law Lord, who is known for his significant contribution to English Law, but perhaps most notably for his judgment in the landmark case of Kenwood v Adams (1975) where he established the ‘Golden Rule’: “In the case of an aged testator or a testator who […]
The Secretary of State for Housing has announced a ‘restart’ of the housing market and has provided detailed guidance not only to support the industry, but boost the economy as whole. What does this mean for those wanting to move home… can it be done? In a word… yes! The revised guidance provides advice and […]
From 1 April 2020, all occupiers of retail, leisure and hospitality properties are automatically exempt from paying business rates for 12 months as a result of closures in response to the Covid-19 global pandemic. Generally, business rates are charged on most non-domestic properties like shops, offices, pubs, warehouses, factories, holiday rental homes, guesthouses etc. Your […]
The Covid-19 pandemic has resulted in the property market stalling and there is a sense of resignation amongst clients and stakeholders that transactions are not going to proceed, at least in the short term. However, with many of us trying to find ways to keep busy, could we be making better use of our ‘downtime’ […]
Once the court has granted a monetary order of judgement in your favour, it would of course be preferable if your opponent were simply to accept this and comply by paying what you are owed; however, this is sadly not always the case. Whether you are seeking to recover money or property from your opponent, […]
As the coronavirus continues to impact us, so too does the uncertainty underpinning every aspect of our daily lives – professional, personal and everything in between. As a consequence, the pause button has been firmly pressed on a number of institutions ordinarily so fundamental to us. Courts and tribunals have closed their doors, religious gatherings […]
The press has been awash with many stories about the increase in demand for Wills since the onset of COVID-19. This note addresses the following: The logistics of executing (or signing) your Will where you are avoiding contact with others; Whether you actually need a Will (and examples of common misconceptions about what happens if […]
Property is likely to be the single most valuable asset that people will acquire in their lifetime. You want to be sure that there are no surprises once you have bought your property. If your solicitor has missed something that they should have picked up on, and this has resulted in a financial loss to […]
As the world is grappling with one of the most serious viral diseases in the form of Covid-19, Will drafting practitioners have seen Will instructions increase by 70% and are having to think on their feet to come up with innovative ways to comply with the strict rules relating to the preparation and execution of […]
Last week, the government made changes to the way in which its Coronavirus Business Interruption Loan Scheme (CBILS) will be administered for smaller businesses. In particular, loans of less than £250,000 will no longer need to be backed by a personal guarantee. However, it’s likely that personal guarantees will still be required for larger loans […]
Coronavirus Act 2020 The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020 which, amongst other significant measures, has given some security to tenants of commercial units who are unable to pay their rent over the coming months because of COVID-19. Landlords cannot take immediate possession action, thereby affording tenants some protection […]
I spoke to an agent yesterday and informed him that my clients were going to delay ‘until we were over the worst’. My heart sank when he said ‘the worst of what’ – it was clear then that guidance for the property sector was needed… and fast. The government issued guidance yesterday evening for real […]
Having somewhere safe and secure to live and now to self isolate is a basic human need. It seems inevitable that the virus and the necessary central government responses to it will impact negatively on the economy and people’s income. This of course could impact upon people’s ability to pay rent and mortgages, potentially putting […]
Following the tragedy at Grenfell in 2017, Wednesday’s budget announced that a fund would be set up to remove dangerous cladding, of all forms, from high-rise buildings over 18 metres (six storeys). The Government had previously announced £400M for social housing tower blocks with aluminium composite material (ACM) in 2018 and £200M for the private […]
With coronavirus continuing to become a more pressing issue, many will now be attempting to escape contractual obligations or seeking compensation/repayment of monies paid. As such, it is especially important that individuals and businesses alike should now be carefully considering their contractual rights. A clause commonly found in contracts is “Force Majeure”, which can excuse […]
The High Court has granted a stay of proceedings brought in England to determine the validity of a Will made in Pakistan and ruled that Pakistan was the natural forum to determine the issue. Our contentious probate team recently achieved success by persuading the High Court to stay English proceedings relating to the determination of […]
ACAS published guidance last week on dealing with coronavirus in the workplace which provides useful advice for both employers and employees alike. So how should employers and employees deal with the issues that may arise in dealing with the coronavirus? What if someone becomes unwell at work? If someone becomes unwell in the workplace and […]
The recent case of Vedanta Resources PLC and another (Appellants) v Lungowe and others (Respondents) [2019] UKSC 20 involved an action by a group of Zambian citizens against both a parent company and its foreign subsidiary; it was decided for the first time that a parent company can owe a duty of care to the […]
A recent case considered this thorny issue in the context of commercial rent deposits. The order of priority for distribution of a company’s assets on liquidation or administration is as follows: Fixed charge creditors; Expenses of the insolvency proceedings; Preferential creditors; Floating charge creditors; Unsecured provable debts; Statutory interest; Non-provable liabilities; and Shareholders. The higher […]
As the team here at Bolt Burdon prepare for MIPIM 2020, titled “2020 – the future is human”, I have taken time to reflect upon an exciting ‘space age’ development coming to the housing market in 2020. MIPIM is a major global real estate event that is hosted next month over the course of a […]
Personal liability for life threatening illnesses, fines and a hefty bill for remedial works are the potential risks if you purchase a property built on contaminated land. Because of the ancient rule of “buyer beware”, when buying a property, the onus is on the buyer to raise relevant enquiries with the seller. The seller is […]
From 6 February 2020 the law changes so that when someone dies without a Will (Intestate) and has children, the amount which will pass outright to the spouse or civil partner (or legal partner) will increase to £270k from £250k. What will your legal partner now inherit if you were to die Intestate? A reason […]
Bang! Straight after the New Year fireworks, an Employment Tribunal held that ethical veganism is a philosophical belief under the Equality Act 2010. By New Year’s Eve this year we should have finished the Brexit transition period, reached a comprehensive trade agreement with the EU and all moved on. Hmm … let’s see. What is […]
In April 2019 the Government announced a proposal to scrap Section 21 Notices, which if implemented would represent a potential large scale change in the private rental sector. The reason behind the proposal is to provide greater protection for residential tenants and longer term stability. The current procedure allows landlords to recover their properties without […]
As we start a new year and decade, it is a pertinent time to reflect on the year gone by and the one ahead. It is a common time to make resolutions, many of which relate to giving up bad habits. But how about making some positive resolutions instead – to protect yourself, improve your […]
If you continue to hold off selling a rental property which you have previously lived in due to concerns about uncertainty on Brexit, you may want to think again and put the property on the market as soon as you can in the new year. If you don’t sell soon, proposed changes to the law […]
Executor stole from dead woman’s estate to buy house A very recent financial abuse case concerning the defrauding of a charity by the executor of a Will, who incidentally was also a solicitor, brings sharp focus on how easily cases of financial abuse can go under the radar and serves as a warning to beneficiaries […]
As many people and businesses break for the festive period and, dare we say it, from today’s election result and the political fallout, we have taken a look back at the most common commercial issues and problems which led to litigation for our clients in 2019. With this in mind, and personal New Year’s resolutions […]