Commercial Rent Arrears Recovery ("CRAR")

Wake Smith Solicitors 17 March 2014
Commercial Rent Arrears Recovery ("CRAR")

CRAR comes into force on 6th April 2014. Until then, the common law remedy of distress should be exercised. Distress is replaced by CRAR in relation to recovery of rent arrears for commercial property. CRAR allows…


Civil Partnerships and Pensions

Wake Smith Solicitors 17 February 2014
Civil Partnerships and Pensions

An important Judgment was handed down this week by the EAT. Despite the Equality Act protection against discrimination on the grounds of sexual orientation, because pensions are treated as deferred pay, then changes…


Bankruptcy and Cross-Claims

Wake Smith Solicitors 03 May 2013
Bankruptcy and Cross-Claims

In a very recent case, the High Court has dismissed a Bankruptcy Order made against a debtor on the grounds that the debtor had cross-claims against the creditor that had a real prospect of success and that the…


Is Rent Paid in Advance the Same as a Deposit?

Wake Smith Solicitors 03 May 2013
Is Rent Paid in Advance the Same as a Deposit?

In the context of assured shorthold tenancies this question is important because if a payment made by a tenant is a deposit then it must be protected in accordance with the Deposit Protection Rules. If alternatively…


A Lifeline for Landlords of Blocks of Flats

Wake Smith Solicitors 22 April 2013
A Lifeline for Landlords of Blocks of Flats

In a landmark decision, the Supreme Court has recently made life much easier for landlords of blocks of flats let on long leases who fail to comply with service charge consultation requirements. A landlord has to…


Further Guidance For Non-executive Directors

Wake Smith Solicitors 13 January 2013
Further Guidance For Non-executive Directors

A timely reminder from the Institute of Chartered Secretaries and Administrators has been published, giving guidance to non-executive directors


Residential Landlords and Gas - Part Two

Wake Smith Solicitors 07 January 2013
Residential Landlords and Gas - Part Two

The need for residential landlords to comply with the Gas Safety (Installation and Use) Regulations 1998 has been brought into sharp focus by a recent prosecution of a landlord in Bradford by the Health and Safety…


Residential Landlords and Gas

Wake Smith Solicitors 03 December 2012
Residential Landlords and Gas

Landlords of residential premises have duties under the Gas Safety (Installation and Use) Regulations 1998 to arrange maintenance by a Gas Safe registered engineer for all pipe work, appliances and flues, which…


Squatting - A Crime

Wake Smith Solicitors 06 August 2012
Squatting - A Crime

From 1 September 2012 there will be a new criminal offence of squatting in a residential building. The new offence will be committed where a person does all of the following:- • Is in a residential building…


Joint Bank Accounts - Record Your Intentions

Wake Smith Solicitors 25 July 2012
Joint Bank Accounts - Record Your Intentions

What happens to a joint bank account when one of the joint holders dies? If there is no evidence of what the parties intend then the presumption is that neither joint holder intended to make a gift or a loan…


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