Sebastian Jakubowski, Author at Bowling & Co Solicitors

Rent forfeitures and Commercial Rent Arrears Recovery

Eviction protection extended for businesses most in need On the 16th June 2021, the Government announced its intention to further extend the Moratorium in relation to commercial evictions in light of the COVID-19 Pandemic. This will now run until March 2022. As far as Commercial Rent Arrears Recovery (CRAR) is concerned, only rent that is more than 554 days in arrears can be collected, this meaning that the rent arrears from March 2020 quarters onwards cannot be recovered as of yet. The Government is preparing a full release on the…

Property evictions to resume

May 14, 2021
Sebastian Jakubowski
Property Market News, Property Law, Residential

Property evictions are to resume but residential tenants will continue to be assisted during the Covid-19 restrictions with longer notice periods remaining in place until at least October 2021. This was announced by The Housing Minister, Christopher Pincher, on the 12th of May. During the initial lockdown in 2020, the Government reformatted the notice periods for residential tenancies, affording tenants extra protection during the pandemic. As part of these temporary changes, a Section 21 Notice (which normally provides a tenant a 2-month notice to vacate a property) was extended to…

Future-proofing rent suspension clauses

The fallout of the Covid-19 pandemic has meant that landlords and tenants must consider future-proofing rent suspension clauses. Following the initial lockdown in March 2020 and subsequent disruption for many businesses, commercial landlords and tenants now must face a reality that a balance has to be struck when negotiating new leases to allow future-proofing to account for events like those imposed by the pandemic. Ideally, each side would want to achieve maximum protection for themselves, but a balance probably lies somewhere in the middle. A recent case involved a commercial…

Blog: Five tips for businesses dealing with unpaid invoices

In this blog we suggest 5 tips for businesses dealing with unpaid invoices The coronavirus pandemic has caused financial difficulties for many and could be making the problem of late payments worse for both small businesses, the self-employed and freelancers. Carrying the weight of unpaid invoices really can make doing business challenging. The Forum of Private Business indicates that 1 in 4 businesses fall into insolvency as a result of late payment of invoices. While business owners need to worry about paying suppliers, staff members, rent and bills, unpaid invoices…

News: Housing Secretary – extended support for renters during the pandemic

On 14 February 2021, the Housing Secretary, Robert Jenrick, published a press release announcing extended support for renters during the pandemic. The measures that currently protect residential tenants from eviction in England, subject to certain exemptions, will continue until 31 March 2021. Renters will continue to be supported during the ongoing national lockdown restrictions, with an extension to the ban on bailiff evictions. The Current Regulations prevent attendance at a house in England for the purpose of executing a writ or warrant of possession or delivering a notice of eviction,…

Have a pet and need to rent?

If you have a pet and need to rent, you will no longer struggle to find properties Under the new Model Tenancy Agreement, announced by Housing Minister Rt Hon Christopher Pincher MP, on the 28th January 2021, landlords will no longer be able to issue blanket bans on tenants with pets. Instead, consent for pets will be the default position, and landlords will have to object in writing within 28 days of a written pet request from a tenant and provide a good reason. The pandemic has led to an…

COVID-19: notice periods for seeking possession

The Coronavirus Act 2020 (CVA 2020), which came into force on 26 March 2020, extended the notice periods in relation to possession proceedings for certain residential tenancies. The provisions contained in Schedule 29 were originally due to end on 30 September 2020. COVID-19 notice periods for seeking possession have now been extended until 31 March 2021. The notice period that must be given in most types of notice seeking possession of residential properties in England or Wales between 29 August 2020 and 31 March 2021 is increased from three to…

How to repossess your property from squatters

December 11, 2020
Sebastian Jakubowski
Property Law, Litigation, Residential, Commercial

Squatters have been an inconvenience for landlords, both residential and commercial, for many years. Of course, in residential situations, a person trespassing, or squatting in a house is a criminal offence, and assistance from the police is common. In a commercial scenario, the situation is far more complex and time-consuming, with a squatter having to be evicted with assistance from the courts and with possession being enforced by County or High Court Enforcement Officers. Our Litigation department at Bowling & Co recently assisted a client to recover possession of their…

Landlords must gear up for new safety checks

December 10, 2020
Sebastian Jakubowski
Property Market News, Property Law, Residential

Residential landlords must get their house in order with the arrival of further legislation to protect tenants through electrical and building safety requirements. New electrical safety standards are rolling out for private sector tenancies and the other upcoming challenge for residential landlords is fire safety compliance for building structures. Both safety aspects have been accelerated following tragic outcomes. Electricity causes about half of the UK’s 37,000 house fires a year, according to the charity Electrical Safety First, and faulty electrics cause some 70 deaths and 350,000 injuries each year in…

Applying for relief from forfeiture? Act without delay

A recent high court case shows the importance of acting on time when applying for relief from forfeiture. The basics of the case were as follows: The tenants (being the Claimants in this matter) had the benefit of a 21-year lease for a property in Leicester (which was entered into in 2008). The Property, which was a ground floor shop with a residential flat above it, attracted a £2,000 quarterly rent instalment. In June 2018 the Claimants had, by way of a mistake, paid 1,500 of the rent thereby going…