Archive for the ‘Property’ Category

A ‘change of mind’ is not an option

When the gavel falls, the parties have exchanged contracts. In other words, the successful bidder has automatically entered into a binding contract for the purchase of the property from the seller (the auctioneer is authorised to complete the paperwork (Memorandum of Sale) on behalf of the seller. Properties are not sold ‘subject to contract’, ‘subject [...]

Free Seminar: Evidence in Possession Claims: “The Readiness is All!”

Date: 26th June 2013 Venue: The British Library, St Pancras, London Time: 3:30pm registration Partners Anthony Best and Jeremy Teall, together with solicitors Sharon Porter-Gayle and Aisha Akhtar of Prince Evans Solicitors will share their knowledge and experience on preparing evidence in possession claims and practical issues when a tenant terminates a joint tenancy. When [...]

Cohabiting couples – the law remains unfair

The large number of people choosing to cohabit without getting married, has led to a rise in complex and quite often costly legal disputes between unmarried couples following separation in the absence of a Cohabitation Agreement. The legal rights of cohabiting couples comes to the forefront once again with the case of Pamela Curran –v- [...]

Does a landlord have a right of entry to commercial premises to carry out repairs, where a tenant in breach has failed to do so?

The answer is surely a simple one! Unfortunately not; this area of law is uncertain. The first point to make is that faced with uncertainty, it is extremely important for a landlord to reserve such a right of entry in the written lease. If no such right is reserved and the landlord or its workman [...]

Prince Evans Takes “Spouse” Succession Claim To Court Of Appeal

Prince Evans Solicitors LLP has successfully obtained permission for the Court of Appeal to consider the definition of “spouse” under the Rent Act 1977 potentially entitling a widow to succeed to her late husband’s tenancy. Prince Evans is representing a private tenant married under Moroccan law who is claiming to succeed to a Rent Act [...]

Partner, Elaine Allen, Of Prince Evans Solicitors LLP – Lawyer Of The Year!

Elaine Allen was named Lawyer of the Year (2013) at the 7th annual Women in Construction Awards on 27 February 2013. All of us here at Prince Evans are proud of Elaine’s fabulous achievement. This year’s recognition is well earned. Elaine is Partner and Head of Social Housing Development with Prince Evans. Elaine has over [...]

Landlord’s Beware!

It has long been established law that a Landlord owes no duty of care at common law in relation to damp and mould caused by a poorly designed property. The ability of a Landlord to identify the required works as an improvement will defeat a tenant’s claim for disrepair.  A recent case is the Magistrates [...]

Property Seminar – End of Tenancy Notices: Avoiding the Traps

Court Of Appeal Finds That Article 8 European Convention On Human Rights 1950 Does Not Support Occupier’s Right To A Tenancy Where He Did Not Succeed To A Secure Tenancy

In Thurrock Borough Council -v- Aaron West the Court of Appeal have decided that the grandson of a woman who succeeded to a secure tenancy herself could not rely on human rights grounds to oppose a Possession Order being made against him. On the death of the grandmother the tenancy she held was terminated by [...]

Paying The Cost of Illegal Eviction

Every landlord has wished at some time that he or she could evict a tenant without the time cost and frustration of Court proceedings.  Every practitioner is repeatedly asked “Why can’t I just change the locks?” The Protection from Eviction Act 1977 is clear.  With a residential property a landlord must get possession by enforcing [...]