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Blog
leasehold-disputes
How does a rent suspension clause work?
A lease or tenancy agreement may contain a clause which suspends the rent in the event that the property becomes uninhabitable. The clause may state that there should be a...
March 26, 2020
Opinion
Self-isolation without a home – an impossible task
Whilst the Government continues to announce ever stricter measures for the UK’s population to help stop the catastrophic spread of the virus sweeping the globe, the consistent message to all...
March 26, 2020
Blog
Coronavirus and children moving between separated parents’ homes
As much of the country finds itself under “lockdown”, after the Prime Minister announced strict measures for leaving home on 23 March 2020, what is the position with children from...
March 25, 2020
Blog
Client update for COVID-19
We are all facing an unprecedented challenge with the spread of COVID-19 and its impact on our everyday life. The COVID-19 situation is changing on a daily basis and therefore...
March 25, 2020
Opinion
court
Contempt of court for witness statements
In court proceedings or in contemplation of court proceedings, parties have to prepare certain documents which are filed at court and served on the other side. These documents will normally...
Changes to Section 21 (Housing Act 1988) Notice from 1 June 2019 – Updated March 2020
A Section 21 (Housing Act 1988) Notice is the first step a landlord would take to gain back possession of a property. It is a written notice to terminate an...
Domestic abuse and homelessness: the case for automatic priority need
Domestic abuse is sadly one of the leading causes of homelessness. Government statistics demonstrate that between June 2018 and June 2019, 23,960 people were made homeless in England as a...
March 19, 2020
Opinion
Increased pressure on family life and relationships
We are living in a situation caused by the Coronavirus which for the vast majority of the population is unprecedented. Most of us will never have experienced anything in our...
March 18, 2020
Blog
defamation-and-reputation
What are the Defences available in defamation claims?
This article discusses some common defences available in defamation claims relating to libel (written statements). It outlines the protection these defences can afford to parties who are wrongfully accused of...
March 17, 2020
Opinion
How long is too long? Unsuitable accommodation put on trial in the high court
Case Note: R(M) v The London Borough of Newham In the Hodge Jones & Allen’s social housing team we hear daily about the pressures on local authorities to find housing…
March 17, 2020
Opinion
The Arkin cap and liability for costs
The case of Arkin v Borchard Lines Ltd (Nos 2 and 3) [2005] EWCA Civ 655, [2005] 1 WLR 3055 (“Arkin”) and the notion that the courts were bound to...
March 16, 2020
Opinion
The introduction of the Reasonable Recipient test in Possession Proceedings
The Court of Appeal has recently held in the case of Pease v Carter & Anor [2020] EWCA Civ 175 that the ‘reasonable recipient’ test applies to notices served under...
March 16, 2020
Opinion
Drawing a line – the extent and basis of non-party costs liability
All parties to litigation should be concerned with – besides winning the litigation – the other side being good for any damages and / or costs they may be awarded....
March 16, 2020
Blog
financial-provision
What is the current status of Islamic marriages (Nikah) in the UK?
Akhter v Khan and another [2020] EWCA Civ 122 - Summary of the facts The Petitioner and the Respondent had an Islamic marriage ceremony (a Nikah) on 13 December 1998 at...
March 13, 2020
Opinion
Against the odds…Friday the 13th is not as unlucky as you might think
Even before the beginning of the popular film franchise from the 1980s, Friday the 13th has been embedded in our cultural consciousness as an unlucky date. Many people will consider...
March 13, 2020
Opinion
The Proposal: Inheritance Tax Exemptions For Transfers Between Siblings
Lord Lexden, a Conservative peer in the House of Lords has sponsored a Bill (cited as the Inheritance Tax Act 1984 (Amendment) (Siblings) Act 2020) that amends existing legislation to…
March 13, 2020
Blog
The Fitness For Human Habitation Act 2018 – what does this mean for you?
From March 2020, there is a promising new development on the horizon for tenants living in poor housing conditions. The Homes (Fitness for Human Habitation) Act 2018 is already in...
March 12, 2020
Blog
housing-and-property
What happens if a lease is forfeited?
Invariably, a lease will contain a provision that in the event the rent is not paid, or some other covenant is breached, then the lease can be brought to an...
March 12, 2020
Opinion
Product liability and the benefits of joining a group (multi-party) action
When an individual has been injured as a result of a faulty product, it may possible to bring a claim for compensation against the manufacturer, suppliers, distributors or retailers of...
March 12, 2020
Blog
defamation-and-reputation
What are the time limits in defamation claims?
This article discusses time limit issues in defamation claims for libel (written) disputes. It outlines some practical considerations and potential remedies to help if the time limit is missed and…