Dispute Resolution
Landlord/tenant law in practice: how courts interpret the Landlord and Tenant Act 1954
The Landlord and Tenant Act 1954 (LTA 1954) provides business tenants in England and Wales with what is called ‘Security of Tenure’. Unless the parties to a tenancy/lease contract out of these ‘Security of Tenure’ provisions, tenants have the right to renew their lease on substantially the ....
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Renters Rights Bill will be in place “around summer next year”
It is the government’s hope that the Renters Rights Bill, a landmark piece of legislation designed to outlaw no-fault evictions, will be in place by summer next year. This is according to Housing Minister Matthew Pennycook, who said to BBC Breakfast: “We hope [the legislation] will make very qu....
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Dryden vs Young – why you should take care when making charitable bequests in your Will
When Marjorie Thompson passed away in 2020, she left behind a Will making bequests to a number of charities. However, it was found that seven of the charities were incorrectly or ambiguously named. For example, Ms Thompson named the ‘Animal Defence Society 52 – 53 Dean Street London W1V 5HJ....
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Brother wins battle in £10m strawberry farm case
The son of a fruit farmer who abandoned his dream of becoming a Royal Marine to work in the family strawberry business has won a court battle against his brother over their father’s £10m business. Richard Winter gave up his dream of military stardom to grow strawberries after his father promi....
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The Renters’ Rights Bill – Labour’s plans to end no-fault eviction
As many of our readers will know, we have been following with interest the previous Conservative government’s pledges to introduce landmark protections for renters. Unfortunately, the advancement of the Renters’ (Reform) Bill through parliament came to a screeching halt after former Prime Minis....
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Donationes mortis causa – what is a ‘deathbed gift’?
During the Covid-19 pandemic, the validation of legal documents became a significant challenge due to the need for witnesses to be physically present. Although temporary legislation was passed on 31 January 2020 to enable the signing of Wills to be witnessed using video conferencing technology, thi....
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Update: ban on no-fault evictions will be law ahead of general election
Since the Conservative Party pledged to outlaw Section 21 Notices (otherwise known as no-fault eviction) in its 2019 election manifesto, the new legislation has been the subject of much discussion and debate. Charities and bodies acting for tenants have accused the government of not going far enoug....
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Renters Reform Bill enters parliament
Since our previous update on imminent reforms to the private rented sector, events have moved apace. The Renters Reform Bill – touted by the government as the biggest shakeup of renters’ rights in a generation – has now been introduced to parliament. It has now been through its first reading ....
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Assured shorthold tenancies – what’s changing?
In June 2022, the government announced the introduction of the Renters Reform Bill, which would result in sweeping changes across the private rented sector to level the long-perceived power imbalance between landlords and tenants. The bill is finally due to be published and introduced into Parli....
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How to win (or even avoid litigation) – Part 3
The story so far We saw in Parts 1 and 2 how you can win any trial that you have to go through by having the systems in place within your business to make sure all the evidence you might later need is generated and gathered on an ongoing basis. When you get in front of a judge, it’s all ab....
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How to win litigation, how to win it quickly- and how to avoid it altogether – Part 2
Introduction In Part 1 of our series, we showed you the steps you could take that’d help you win any court trial that your business had to go through. In this Part 2 we show how, if you do those things, you might never get to trial. Ending the case early When a dispute “goes....
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How to win litigation, how to win it quickly- and how to avoid it altogether – Part 1
Introduction If you have never been involved in a court case, well done! If you have, you’ll know of the cost in terms of time and money, and you’ll be familiar with the uncertainty and worry it brings. You’ll also know how long it can take to reach a conclusion – often years. ....
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Calling all landlords – Renters Reform Bill to be introduced in 2023
In the final months of 2022, the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, announced that the highly anticipated Renters Reform Bill (RRB) would be introduced in 2023. This means that landlords in the private rented sector should be acting now to prepare themselves....
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Answering your Dispute Resolution questions
When it comes to our Family Law or Wills & Probate departments, what we do is fairly self-explanatory, and our clients will usually understand the types of services we provide. Dispute Resolution, however, can be a different matter. There are many types of legal disputes that can require the ex....
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Building Safety Bill receives Royal Assent to become the Building Safety Act
The team at Attwaters were very pleased to hear that the Building Safety Bill has now received Royal Assent to become the Building Safety Act. Safety and Health Practitioner (SHP) have reported that following the draft bill first announced in July 2020, on the 28th of Ap....
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A day in the life of… a Dispute Resolution lawyer
Our Partner and Head of Dispute Resolution, Leanne Philp, is a highly experienced and skilled lawyer specialising in contentious probate, breach of contract claims and building disputes – not to mention a busy mum! In her years as a lawyer, she has found that many people struggle to understand wh....
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A useful guide for employees and employers on the changes to PPE regulations at work
Here at Attwaters Jameson Hill we want to help employers and employees to remain safe and compliant, when it comes to PPE regulations. AND with World Day for Safety and Health at Work being celebrated on 28 April, the recent changes to PPE regulations are particularly pertinent. It’s so import....
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Commercial Rent (Coronavirus) Bill announced
The government has published a press release announcing the next stage of its moratorium on commercial evictions due to rent arrears: the Commercial Rent (Coronavirus) Bill, which was introduced to Parliament on 9 November. Commercial landlords have been barred from evicting tenants unable to pa....
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The eviction ban has ended but landlords should still proceed with caution
In March 2020, the government introduced a series of emergency measures to protect residential tenants from the financial impact of the coronavirus pandemic. One of these measures was a ban on residential possession proceedings and eviction, with the aim that “no renter in either social or privat....
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Enforcement of possession orders in the post-COVID era
On 1 June 2021, the ban on residential evictions was lifted in response to the gradual easing of lockdown restrictions. The enforcement process The first stage of an eviction is for a court to issue an order for possession telling your tenant to leave, or a suspended order for possession,....
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