Category: Top Solicitors

Commercial Landlord and Tenant Law: When Issues Become Contentious

Commercial Landlord and Tenant Law: When Issues Become Contentious


Jon Mowbray, partner and solicitor in the real estate disputes team at IBB Solicitors, discusses the assistance you can provide to a client in relation to their occupation of properties and commercial lease disputes. For information on commercial landlord and tenant law or litigation please visit :
http://www.ibblaw.co.uk/service/real-estate-dispute-resolution/commercial-property-disputes

Q: What Assistance Can You Provide to Clients in Relation to Their Occupational Properties?

A: If we are instructed to act for a client on the grant of a new lease or the renewal of an existing lease, we will look to agree the form of lease so as to limit the risk to the client – whether that would be relation to their ability to exercise a break option in the lease, their ability to dispose of the property if it becomes surplus to requirements, limiting service charges and in relation to their repairing obligations both during and at the expiry of the lease.

However it is not possible to exclude all potential areas of a dispute. eg a client may have acquired a lease (eg from a coporate transaction) whose terms are far from ideal.

Q: What Issues Are Likely to Become Contentious?

A: Generally landlords are looking to get as much out of their properties as possible and against this tenants are under real pressure to reduce their occupational costs. In particular this manifests its self at the end of a lease in relation to a tenants repairing obligations.

While their is a court protocol, which deals with how such disputes should be dealt with, prior to court proceedings being issued, and while that protocol encourages landlord to focus on what their true loss is, we are seeing a number of inflated claims.

Q: How Can You Look to Reduce Such Dilapidation Claims?

A: Ideally we would look to work closely with the client’s other advisers, to come up with a strategy to challenge the claim. This will include reviewing what the client’s actual obligations are, considering what whether the landlords proposals are going beyond the tenants obligations, considering what the landlords intentions are in relation to the property eg, does he intend to carry out substantial refurbishments works which would render many of the repair works superfluous, also a consideration of what the hypothetical purchaser would consider important.

Q: Do Similar Issues Come Up When a Landlord is looking to carry out works and put the cost through the service charge?

Matters can become particularly contentious when a landlord is looking to major works through the service charge towards the end of the term. Understandably a tenant will be reluctant to fund these.

It is also important to look at whether they have strictly complied with the service charge machinery.

Q: Is the exercise of a tenant’s break option still proving contentious?

Regrettably yes as landlords are undoubtedly keen to keep tenants locked in to their leases and would take advantage of any failure to properly comply with the service requirements for the notice, the form of the notice, and any conditions which need to be satisfied in order to effectively exercise it.

For further information on these matters please contact one of real estate dispute solicitors at IBB on http://www.ibblaw.co.uk/service/real-estate-dispute-resolution.

For information on related matters please visit the respective pages below:

Commercial property disputes
http://www.ibblaw.co.uk/service/real-estate-dispute-resolution/commercial-property-disputes

Commercial rent and service charge arrears
http://www.ibblaw.co.uk/service/real-estate-dispute-resolution/commercial-rent-and-service-charge-arrears

Dilapidations Claims and Disputes
http://www.ibblaw.co.uk/service/real-estate-dispute-resolution/dilapidations

Adverse Possession Claims
http://www.ibblaw.co.uk/service/real-estate-dispute-resolution/adverse-possession

Commercial Development Disputes / Commercial property litigation
http://www.ibblaw.co.uk/service/real-estate-dispute-resolution/commercial-development-disputes

Immigration Act 2014, Right to Rent, British Citizenship – Immigration Solicitors

Immigration Act 2014, Right to Rent, British Citizenship – Immigration Solicitors


Legal Peppersoup Episode 5

Yes, it’s a new look episode 5, as it has been recorded with visuals for the first time.

In Matters Arising, we discuss the Right to Rent and the Derivation of citizenship provisions of the Immigration Act 2014 and 2016.

In Case Corner, we discuss the case of Paposhvili v Belgium [2016] (Applcn No. 41738/10) and its importance in relation to Article 3 of the ECHR.

We hope you like it.

For specific enquires contact us:

https://www.ojnsolicitors.com
https://www.legalpeppersoup.com
Tel: 0203 232 2135
Mobile: 07587132604
Email: info@ojnsolicitors.com

DISCLAIMER:

You must not rely on the information on this website as an alternative to legal advice from your solicitor or other professional legal services provider.

If you have any specific questions about any legal matter you should consult your solicitor or other professional legal services provider.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

Liability

Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

The ‘7 year rule’ Overstayers families with children – Immigration Solicitors

The ‘7 year rule’ Overstayers families with children   –     Immigration Solicitors


Legal Peppersoup Episode 3

In this episode we are joined by Barrister Amaka Nnamani, an immigration and human rights specialist.

She sheds light on the current position regarding the so called ‘7 – year rule’, explains how it applies and the refers to the leading cases of MA (Pakistan) and others [2016] EWCA Civ 705 and PD and others (Article 8-conjoined family claims) Sri Lanka [2016] UKUT 00108 (IAC)].

For specific enquires contact us:

https://www.ojnsolicitors.com
https://www.legalpeppersoup.com
Tel: 0203 232 2135
Mobile: 07587132604
Email: info@ojnsolicitors.com

DISCLAIMER:

You must not rely on the information on this website as an alternative to legal advice from your solicitor or other professional legal services provider.

If you have any specific questions about any legal matter you should consult your solicitor or other professional legal services provider.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

Liability

Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

LEXVISA Immigration & Visa Solicitor interviewed on RT News (London)

LEXVISA Immigration & Visa Solicitor interviewed on RT News (London)


“Darren Harrety, who was moved to the UK from Belize when he was just 6 months old, faces deportation even though he’s lived and worked in the UK all his life.” | LEXVISA UK Immigration & Visa Solicitor interviewed on RT (Russia Today) News Channel by Laura Smith | More info on this story:

LEXVISA Immigration Solicitors & Barristers were featured on international television channel RT News in a news item discussing UK Immigration. Our lawyer discussed the immigration applications backlog at the Home Office.

For more info on LEXLAW, Immgration Lawyers in London UK:

http://lexvisa.co.uk/
http://immigrationandvisasolicitors.co.uk/ www.twitter.com/UKVisaSolicitor
http://lexlaw.co.uk/
www.twitter.com/LEXLAWuk

For more from RT News channel:

http://rt.com/
http://youtube.com/RTUKnews
http://twitter.com/RTUKnews
http://fb.com/RTUKnews
http://rt.com/uk/
http://rt.com/on-air/rt-uk-air/
Man who’s lived here for 34 years faces deportation: http://www.itv.com/news/granada/2016-05-25/man-whos-lived-here-for-34-years-faces-deportation/

More on Darren Harrety:

Petitioning home office – SUPPORT DARREN HARRETY:
https://www.change.org/p/home-office-support-darren-harrety

Dad-of-six who bought a house, got married, worked and even VOTED in the UK since moving here at six months old ‘to face deportation’: http://www.thesun.co.uk/sol/homepage/news/7158780/Dad-of-Brit-soldier-who-has-bought-a-house-got-married-worked-and-even-VOTED-in-the-UK-since-moving-here-at-six-months-old-to-face-deportation.html

‘I want my life back’ – father-of-six facing deportation despite living in UK for 34 years, getting married, working and even voting: http://www.lancashiretelegraph.co.uk/news/14505353._I_want_my_life_back____father_of_six_facing_deportation_despite_living_in_UK_for_34_years__getting_married__working_and_even_voting/

Father of six who moved to the UK from Belize when he was six months old is banned from working and faces DEPORTATION – because the Home Office ‘cannot find his records’

-Darren Harrety was born in Belize six months after it became independent
-Moved to the UK after his mother’s husband was shot dead in Belize
-He came on his mother’s Belize passport which was stamped with indefinite leave to stay in the UK
-But that was lost and he has never had his own passport or driving licence
-Has used his birth certificate to vote, get married and hold bank accounts
-Now been told he could be deported as Home Office has no records of his arrival into UK

http://www.dailymail.co.uk/news/article-3596762/Father-six-moved-UK-Belize-six-months-old-banned-working-faces-DEPORTATION-Home-Office-records.html