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Earlier this year, Sir Geoffrey Vos, Master of the Rolls, said “Alternative Dispute Resolution (ADR) should really be renamed as “Dispute Resolution” since it is not alternative at all.”
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October will see a major milestone in notice periods for residential tenancies where landlords are seeking possession, as they revert to pre-pandemic requirements. But with fears of a tough winter, as gas prices soar and furlough support ends, landlords are being warned to check the latest guidance before taking action, as additional protections for tenants may...
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When it comes to starting a business, one of the most challenging but interesting tasks you must carry out is finding the right name. However, many people do not realise that there are restrictions on what you can name your business.
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As a business, having to deal with unpaid invoices can make doing business challenging. The COVID-19 pandemic has caused financial difficulties for many and could be making the problem of late payments worse for small businesses, the self-employed and freelancers, especially with the new Breathing Space Scheme implemented by the Government.
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NHS workers fighting Covid-19 on the front line, together with the elderly and vulnerable, lie behind a huge spike in demand for will writing over recent weeks, according to the professional body for solicitors.
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We continue to be available to support you during these challenging times. Please find below our latest posts and articles relating to the Coronavirus and business and personal issues.
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As noted in our article concerning a tenant’s entitlement to suspend or withhold payments without the landlord’s agreement, a failure to comply with the covenant to pay rents will usually entitle a landlord to peaceably re-enter the property and immediately bring the lease to an end. This is known as ‘forfeiture’. Most commercial leases will...
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The TSP Employment Law team answer the questions that many employers may have as they adapt to the evolving Coronavirus situation.
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The Government, during their weekend briefing on 28 March 2020, confirmed they would be relaxing the rules on wrongful trading for directors and making other changes to insolvency law to enable companies to continue trading in the current climate.
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We are in unprecedented times given the COVID-19 pandemic and the Court and Court system has had to adapt accordingly in order to deal with the balancing of both landlords’ and tenants’ rights.
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From April the statutory requirements around statements of particulars are changing and being extended to include all workers, not just employees.
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The exceptional circumstances we all find ourselves in arising from the Covid-19 outbreak are already bringing considerable operational pressures for the businesses of landlords and tenants. The full economic impact will not be known for some time. But it seems clear that landlords and tenants will need to work as co-operatively and flexibility as they...
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There is no easy yes or no answer to this. The risk for the landlord is that by doing so, this breaches a general obligation of quiet enjoyment the landlord owes to the tenant under the lease or tenancy and could be argued as having derogated from grant. In effect, denying the tenant the use...
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Generally, a tenant is not prevented from temporarily closing his trading premises unless there is a specific covenant in the lease or tenancy which requires him to stay open for trading. The tenant will not, therefore, usually be in breach of the lease or tenancy as long as the rent continues to be paid.
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No, unless the break provision itself specifies that it can be exercised in such cases, which is very unlikely. Where a rolling break provision has been included within the lease (i.e.one that can be exercised at any time on notice rather than by reference to fixed dates) then landlords may well find that tenants take...
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The short answer is no, unless the lease specifically allows for termination in such cases via a force majeure provision or it can be established that the lease has ended in accordance with the common law doctrine of frustration.
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