Leaseholders not liable for cost of repairing structural defects
May 17th 2021The Court of Appeal has ruled that a group of leaseholders were not responsible for the cost of repairs if those repairs also made good fundamental structural defects in their properties. Natalie Tatton Solicitor reports on this recent case. The leases related to flats situated in a large block constructed in 1957. They were for 125-year terms and were originally granted under the right to buy provisions in the Housing…
Landlord entitled to unpaid rent despite tenant’s Covid defence
May 4th 2021A commercial landlord has won a dispute over unpaid rent of more than £166,000 despite the tenant citing Covid-19 as the reason for its failure to pay. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The case involved Commerz Real Investmentgesellschaft MBH and TFS Stores Ltd. Commerz was the leasehold owner of the Westfield Shopping Centre. TFS was the tenant of one of the units in the centre…
Cleaner accused of ‘throwing a sicky’ was unfairly dismissed
April 28th 2021The Employment Tribunal has ruled that a cleaner was unfairly dismissed after she resigned because her employer accusing her of lying about her illness. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Pamela Wynn Newcombe, who was employed by Machynlleth Town Council from 2013 to 2019. In 2017, she became involved in a dispute over plans to alter her working hours.…
Removing Children from their ‘habitual residence’
April 26th 2021Many clients don’t realise that children cannot be removed from the country they habitually reside in without both parents’ consent. Not only can it amount to child abduction (a crime) but the child is most likely to be returned to the home country. Taylor Chanter Solicitor reports on this recent case. Yet another case highlights that children should not be removed without consent or a court order. The wishes of…
Engineer too late to claim holiday pay from Pimlico Plumbers
April 21st 2021An engineer who won a landmark case that he should be classed as a worker at Pimlico Plumbers has lost his claim for backdated holiday pay. Joanne Stronach Director & Head of Employment and HR reports on this recent case. Gary Smith had worked for Pimlico as a heating engineer from 2005 to 2011. Throughout that period Pimlico regarded him as a self-employed independent contractor, without entitlement to paid annual…
Builders told to remove leasehold terms that trap homeowners
April 19th 2021Two major home builders have been told to remove contract terms that mean leaseholders have to pay ground rents that double every 10 or 15 years. Elizabeth Crouch Associate Solicitor & Head of Residential provides an update. The Competition and Markets Authority (CMA) launched enforcement action against 4 housing developers in September 2020. These included Countryside Properties and Taylor Wimpey, for using possibly unfair contract terms, and Barratt Developments and Persimmon…
Driver’s dismissal for not wearing a facemask ‘was not unfair’
April 15th 2021A delivery driver has lost a claim of unfair dismissal after he was fired for refusing to wear a facemask while on duty during lockdown. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Deimantas Kubilius who had worked as a driver for Kent Foods Limited for four years. Most of his work involved driving to and from their supplier Tate &…
Divorcing wife ‘wrong to access husband’s private information’
April 12th 2021Many clients don’t realise that there are significant restrictions on what information they should be accessing in relation to their spouse’s finances. Indeed, some anticipate that you will want them to have done some ‘digging’. In fact, the opposite is true. A recent case highlights the difficulties which develop if one party takes the search for financial information into their own hands. Amy Fallows Senior Associate Solicitor & Head of…
Inheritance tax ‘too complex and needs to be simplified’
April 6th 2021The Treasury has agreed to make changes to the administration of Inheritance Tax following complaints from the public that it is too complex, old fashioned and needs to be simplified. Sarah Heal Private Client Executive provides an update. The announcement comes after more than 3,500 people responded to a public consultation carried out by the Office of Tax Simplification (OTS) on behalf of the government. Many of those who responded…
Government extends support for commercial and residential tenants
March 29th 2021The government has extended the ban on evicting commercial tenants until 30th June 2021. Natalie Tatton Solicitor in our Dispute Resolution team provides an update. The move is designed to help those worst affected by the pandemic, such as bars and restaurants, get back to business when doors fully reopen for hospitality no earlier than 17th May. Residential tenants will also be supported as the ban on bailiff-enforced evictions in…
