Disputes between neighbours

It’s an unfortunate reality when you own or rent property, disputes between neighbours can often arise. Wherever possible it is best to try and resolve a dispute before ending up in court. Reasons for disputes We are seeing an increase in clients contacting us about property disputes between…


Property alterations without consent

As a property owner, there will be times when you want to carry out alterations to your property. You will usually be free to do more minor works as you see fit. However, for more major alterations you will need to seek permission from various sources. We will look at who might need to give you…


Dilapidations considerations for commercial landlords

As tenancies draw to an end, it is rare that a property will be in the same physical state that it was in before the tenant moved in.  In such situations, the landlord will usually be entitled to ask the tenant to reinstate the property before it is handed back. This article sets out what landlords…


Will the court allow a change of expert before trial?

Expert evidence is used in many disputes (from personal injury to commercial disputes, property to professional negligence). Experts are there to give their opinion to the parties, and to assist the court when the case involves matters on which it does not have the right technical or specialist…


Case update: Did the landlord unreasonably withhold consent?

One of our previous articles explored whether a landlord was entitled to withhold consent for a tenant assigning or underletting a lease. Since this, case law has developed which may be a welcome decision for landlords. This article will explore a recent case that determines when a Landlord can…


Litigants in Person – No Special Treatment

The withdrawal of legal aid for most areas of civil law, combined with tightening of the rules concerning no win no fee agreements has caused a perfect storm curtailing access to justice. Litigation is an expensive process and many people simply cannot afford to instruct solicitors without some…


I'm ill. Will the court adjourn the hearing?

The courts are regularly faced with requests to adjourn of hearings, deadlines and trials of matters. Those who write to the court asking for an adjournment tend (regardless of whether a reply is received from the court/the other side or not) to not attend the hearing and the decision is left with…


New Boundary Disputes Protocol: cheaper, quicker, easier?

Unfortunately, disputes between neighbours over the location of the boundary can be hard-fought and difficult to resolve. Boundary disputes relating to people’s homes can be particularly tough to settle; neither party wanting to be seen to “give up” part of their garden or land. Unfortunately, in…


Quiet enjoyment

Almost every tenant has a right to quiet enjoyment of their property. But what happens where the landlord interferes with this right? We look at the right to quiet enjoyment, and an example from last year. Right to quiet enjoyment Landlords are under an implied obligation to give the tenant quiet…


Have a break: Break clauses in commercial leases

It is common for commercial leases, particularly when a lease is for a longer term, to include a break clause. This is also known as an option to determine and is usually agreed between the landlord and tenant prior to entering into the lease. So, what exactly is a break clause? And how can you…