Litigation

How to repossess your property from squatters

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…

Bonfires and the law: What are the rules, and have they changed in light of COVID-19?

With the dark nights coming in and summer drawing to a close, you may be considering having a bonfire. Either to dispose of waste that has accrued over the summer, to celebrate bonfire night, or simply to keep you warm in the garden as the evenings get chillier, a controlled fire in your garden may seem like the perfect solution. Specifically, there are no laws against having a bonfire in your garden. However, there are laws to protect the rights of those around you from the nuisance a bonfire may…

Debt collection in the wake of the coronavirus pandemic – what are the options?

In this article, we look at debt collection during the coronavirus pandemic, to help you understand what options are available to you. In these uncertain times, no matter how big or small your business is, managing cash flow can be challenging. One particular difficulty for many firms is dealing with debt collection. Maximising debt collection should be a priority for your business to secure your financial future, but it may be tough to navigate during the pandemic. At present, many of your debtors may be struggling financially, or claim they…

New protection for innovators with launch of digital asset fingerprinting

A new online digital fingerprinting service has been launched to help protect designs and innovations from copycat misuse. The World Intellectual Property Organisation’s new online business platform – known as WIPO PROOF – is designed to safeguard intellectual assets by creating date and time-stamped digital fingerprints when information is uploaded. Owners of the assets receive tamper-proof evidence to safeguard every stage of the development cycle through to commercialisation.  The aim is to speed up any subsequent litigation over copyright, design or patent, by recording and confirming each stage.   The platform…

Government to crack down on Rogue Landlords

The Housing Secretary Robert Jenrick MP has made an announcement, that over 100 councils will now be provided access to funds in order to stop rogue landlords and/or letting agents. We understand that the majority of Landlords provide and want to provide decent homes for their tenants and their tenants’ families. However there is always a small element that is seeking to maximise their profit at the expense and hardship of those tenants.  This minority of bad Landlords, who do break the law, and provide properties which are unfit for…

Landlord and Tenant – The new Tenant Fees Act

A new act came into force recently that has a profound effect on the rental market. It’s relevant not just for landlords and tenants, but for agencies that, to date, have made a very nice little living out of charging tenancy fees and administration costs for rentals. These fees have affected both tenants and landlords, who have had to fork out hundreds if not thousands of pounds in fees and agency costs. Now, under the Tenant Fees Act 2019, all tenant payments are banned by default unless the Act specifically makes allowances…

Landlord & Tenant: A mouldy problem – who is responsible for getting rid of mould in rented accommodation?

By the end of 2021, a quarter of UK households will rent privately. That’s approximately 5.8 million households renting, due to the combination of soaring house prices and salaries remaining relatively static.  Anyone who has been a serial renter will know that the state of privately rented housing can vary hugely.  Some landlords take pride in their work, furnishing and finishing their properties to a high standard; whereas others complete the job as quickly and cheaply as possible.  For the latter category, neglecting standards can cause all sorts of issues…

Easements, covenants and other third party rights

Successful land owner in Electronic Communications Code 2017 application awarded only a fraction of its costs (Upper Tribunal) The Upper Tribunal (Lands Chamber) has decided that a freeholder and tenant who were successful in relation to a telecommunications operator's application under the Electronic Communications Code 2017 would only receive £5,000 each from the operator towards their costs. The underlying dispute related to the operator (C) seeking to exercise its right to access a property to carry out a survey as to its suitability as a replacement site for communications equipment.…

Debt collection: How can you protect your business when customers call in the bailiffs?

Disputes between businesses and customers are common. If you can’t agree a settlement, your business may be called to the Small Claims Court or a higher court. If the judge rules against you, and your ex-customer wins either their money back, damages, or both, you’ll need to pay up. If you can’t pay, or won’t pay, it’s likely that the bailiffs will come knocking. So what can you do to help protect your business when this happens? Stopping bailiffs at the door Bailiffs cannot attempt to take control of goods…

New Debt Claim procedure

A pre-action protocol relating to debt claims has for the first time been introduced as of 1 October 2017. The protocol requires certain steps to be taken and certain information to be provided to the debtor before legal proceedings can be started. However, the protocol only applies to debts owed to a business by an individual or sole trader, not business to business debts. The aim of the protocol is to encourage early engagement and communication between the parties and help them to resolve the matter- including agreeing a payment…

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