In this article, Dispute Resolution specialist Anthony Eaton outlines how property misrepresentation works and whether you have a claim.
Litigation
In this article, Landlord and Tenant Specialist Michelle Hayter summarises exactly what the Government said regarding Section 21 evictions, and answers some questions from landlords.
In his latest article, Landlord & Tenant Specialist Jason Grimster outlines how deposit protection works and your obligations.
In his latest article, Jason Grimster outlines what the new How to Rent Guide includes and what it means for you.
In his first article for the firm, Dispute Resolution Solicitor Anthony Eaton outlines what professional negligence is, the grounds to claim and how it works.
In his latest article, Dispute Resolution lawyer, Jason Hayter, outlines when the Renters Reform Bill is set to come into force, the changes it will bring and what it means for landlords and tenants alike.
With Section 21 evictions set to be abolished in the near future, Jason Hayter, Dispute Resolution Solicitor, takes a look at the alternative: Section 8 evictions. He outlines what they are, how they work and the grounds that landlords need to rely on.
In her latest article, Dispute Resolution Solicitor Olivia Parkinson outlines what dilapidations are in commercial property and how landlords can make a claim.
In this article, Jason Hayter, of our Dispute Resolution Team, outlines the basics for dealing with defamatory statements and how you may be able make a claim.
In her latest article, Dispute Resolution Associate Anna Curtis looks at what happens to outstanding debts when someone dies and outlines how you can make a claim.
Once you’ve found a suitable tenant for your property, and gone through the ‘screening process’ to ensure that they’re the right fit, you’ll need to prepare your property for their arrival.
In this article, Landlord & Tenant Specialist Olivia Parkinson outlines how to get ready for your new tenant and what documents you’ll need to provide.
Restrictive covenants, as you may well know, can be a real nuisance for landlords.But what exactly are they, what effect do they have, and how can you remove them. In his latest article, Landlord and Tenant Specialist Olivia Parkinson answers these questions and more.
In this article, Landlord & Tenant specialist Olivia Parkinson provides advice for people who are looking to become a landlord.
He goes on to outline the responsibilities of a landlord, the costs involved and the benefits.
If you’re a landlord who’s waiting for a new tenant to move in, you may be wondering what you can do to make sure that you’re prepared for their arrival.
In his latest video, Landlord and Tenant Specialist Will Bartley recommends three actions to take to get ready for new tenants.
If you’re looking to rent out property, you need to be aware of the responsibilities that you will take on as a landlord.
So, in this video, Landlord and Tenant Specialist Will Bartley outlines the 5 most important duties that you will have.
Are you looking to rent out a property, but unsure where to start? If so, this video might help. Here, Landlord and Tenant Specialist Will Bartley outlines the first steps that you should take.
Leaseholders will often want to renovate and modernise their property. Minor interior makeovers will not typically require consent from the Freeholder, however what about more substantial works?
In this article, Property Litigation Associate Michelle Hayter provides advice on Licences to Alter in residential leasehold properties.
In this article, specialist Disputed Wills solicitor Anna Curtis looks at whether an ex wife can make a claim for inheritance, or against an estate, and what rights an ex wife has after death.
In this article, Property Litigation specialist Michelle Hayter outlines how landlords can go about the eviction process
Property Litigation specialist Jason Hayter looks at the recently publishers renters reform White Paper. Will looks at the takeaways for both landlords and tenants, including an update on Section 21 evictions, the private renters ombudsman, decent homes standard and property portal.
In this article, Dispute Resolution Trainee Solicitor Olivia Parkinson explores one form of contested probate disputed wills, undue influence.
Olivia goes on to look at how you can prove undue influence in law
In the recent Queen’s Speech, plans were outlined for the Renters Reform Bill. This included an update on the abolition of Section 21 evictions and when we might see it. Michelle Hayter summarises the Queen’s Speech; outlining the key takeaways for landlords.
In this article, Dispute Resolution Paralegal Jason Hayter discusses your options and what you can do when a loanee defaults.
Frettens' own Property Litigation specialist Will Bartley sat down with the people over at Christopher Shaw Estate Agents to give some guidance to first time landlords.
Will Bartley sat down with the people over at Christopher Shaw Estate Agents and shared some of the horror stories he's come across as a Property Litigation lawyer.
Frettens’ own ‘Insolvency Guru’ Malcolm Niekirk recently provided his update on understanding rent arbitrations for insolvency practitioners.
In this article, Property Litigation specialist Michelle Hayter provides advice on the impact of the Commercial Rent (Coronavirus) Act 2022 to landlords and tenants.
Will Bartley sat down with the people over at Christopher Shaw Estate Agents to discuss and provide advice on holiday lettings.
Property Litigation specialist lawyer, Michelle Hayter, provides advice on what happens when joint home-owners cannot agree on what to do with their Property.
In this article, Dispute Resolution Partner Michelle Hayter discusses your liability for storm damage to both your property and neighbouring property.
And, Commercial Associate Sarah Sillar looks at business disruption as a result of storms, and how businesses can protect themselves against legal action.
Housing Secretary Michael Gove announced the ‘Levelling Up’ White Paper yesterday, which will attempt to “change the economic model of this country”.
Landlord & Tenant specialist Anna Curtis details what will be included in the White Paper and discusses the key takeaways for landlords below.
Property Litigation specialist lawyer, Anna Curtis, provides advice on residential construction disputes, why they arise, and what to do about them.
Property Litigation specialist lawyer, Anna Curtis , provides advice on residential neighbour boundary disputes, why they arise, and what to do about them.
Property Litigation specialist lawyer, Anna Curtis, provides advice on Section 25 and Section 26 Notices – what they mean, and how to use them.
Our lawyers give their reaction to the recent budget announcements, and touch on what they mean for Dorset’s businesses and wider economy.
Property Litigation specialist lawyer, Anna Curtis, provides advice on why a suitable AST is required to be provided by the landlord at the start of the tenancy; discussing what this has meant for landlords and tenants.
Property Litigation specialist lawyer, Anna Curtis, provides an update on how residential lettings have been impacted by the pandemic; what this has meant for landlords and tenants; and how this will evolve over the next few months.
In this Q&A: Property Litigation specialist lawyer, Olivia Parkinson, provides an update on how Airbnb style lettings of residential flats can be problematic for leaseholders, who could be in breach of their lease without knowing it.
Anna Curtis, a solicitor in our specialist dispute resolution team, outlines CCJs for unpaid parking fines and how to remove them.
If you incur a parking fine and move from your current address before a court claim is issued, you may not receive the court paperwork and the Claimant may apply for a Default Judgment against you.
People often only become aware of a CCJ when they apply for some sort of credit like a mortgage and the credit is refused due to the applicant having a poor credit rating.
Employment & HR law specialist, Chris Dobbs looks at whether Long Covid should be treated as a disability in the workplace, and advises how employers should handle it.
Anna Curtis discusses what happens when a CCJ is sent to the wrong address, detailing what to do in that situation. Anna describes how to go about the process of setting aside a CCJ that you didn't know about.
Uber have lost their appeal in the Supreme Court. The Supreme court unanimously dismissed the appeal. It now means that drivers are now considered workers for employment law purposes.
Insolvency guru, Malcolm Niekirk looks at the relative merits of misfeasance and wrongful trading claims against directors.
Specialist solicitor, Chris Dobbs looks at vaccination in the workplace. Can an employer force staff to be vaccinated? Can an employee be dismissed if they refuse the COVID vaccine? What is vaccine discrimination? Is anti-vax a philosophical belief?
Chris Dobbs provides the latest on Heskett v Secretary of State for Justice, and discusses Indirect Discrimination.
Malcolm Niekirk, Frettens' resident Insolvency Guru, looks at a technical aspect of insolvency law, and one that is sure to become more prevalent in the coming months.
The recent return of Crown Preference has implications for insolvency set off, which he addresses in this article.
Insolvency Guru, Malcolm Niekirk, looks at the lightweight insolvency protocols, examining the pros, cons, and alternatives. What is different about a light touch administration? When can you use one?
The governing law, the Cathedrals Measure, is being replaced, probably early next year.
For every cathedral, the existing trinity-like body corporate will change. All assets, engagements and liabilities will belong to a single body corporate, the Chapter. That won’t happen immediately. Each cathedral will need time to reconstitute its Chapter.
Earlier this month, Frettens' resident insolvency guru, Malcolm Niekirk, gave one of his monthly Coffee Break Briefings on Directors’ and Shareholders’ liability for corporate taxes and penalties.
Frettens' resident insolvency guru, Malcolm Niekirk, takes a look at an emerging hot topic in insolvency and commercial property - the move to turnover rents.
Frettens' resident Insolvency Guru, Malcolm Niekirk, looks at whether CVAs are still viable now that crown preference has been reinstated.
Michelle Hayter is a partner and head of Frettens' specialist dispute resolution team . A specialist in dealing with contentious wills and probate , she is recommended in the Legal 500 , an independent guide to the legal sector, for her work...
Our insolvency Guru, Malcolm Niekirk looks at the return of HMRC Crown Preference to insolvency proceedings and the implications for insolvency practitioners.
Our resident insolvency guru, Malcolm Niekirk, looks at one of the potential consequences of the return of crown preference.
Sometimes referred to as a ‘romalpa clause’ or a ‘reservation of title clause’, a retention of title clause is a clause within a contract that allows a seller to retain the legal title to goods that have been sold and delivered to a buyer
Are company directors are always automatically banned from running another business with the same name? And is there a legal way to sidestep a section 216 ban?
Section 216 Insolvency Act 1986
Anna Curtis answers your FAQs on coronavirus holiday cancellations, quarantine and how to get your holiday refund.
With the increase in Airbnb hosting in seaside towns like Bournemouth, Poole and Christchurch, Anna Curtis answers your most frequently-asked questions, including planning, restrictive covenants and mortgages.
Can I be evicted during the coronavirus lockdown? Is there a ban on evictions during COVID 19 outbreak?
Michelle Hayter looks at the effects of the coronavirus lockdown on landlords and tenants, and explores the ban on evictions and rental arrears.
Is your rented accommodation fit for purpose? What is the Homes (Fitness for Human Habitation) Act 2018? Michelle Hayter outlines the new legislation on standards of rented accommodation.
Anna Curtis, a solicitor in our specialist dispute resolution team, outlines how a CCJ can be removed or set aside.
A Default Judgment, also known as a CCJ, is entered by the court when a county court claim is issued and the Defendant does not respond to the claim.
There may be a number of reasons why a Defendant does not respond to a claim. For example they may think that by ignoring it, it will go away (it will not!). However, sometimes a Defendant may be completely unaware that a claim has been issued against them, particularly if they have moved address.
The proposals for the UK Renters Reform Bill were announced during the Queens Speech in December 2019. Proposals included scrapping section 21 and a lifetime deposit scheme for tenants. Anna Curtis explains all about it.
We understand that for the vast majority of residential lettings there are no problems when it comes to ending the tenancy agreement. It is common across the UK for landlords and tenants to agree to a termination date and for the tenant to move out without...
Can you contest a will? Michelle Hayter talks about grounds for contesting a will, how long you have to contest a will, and who pays for contesting a will? Also whether you can contest a will after probate, and recommended solicitors for contesting a will in Bournemouth, Poole and Christchurch.
An increasing number of people have been getting in touch with us about personal guarantees. In the following article, Anna Curtis provides an overview of what personal guarantees are and how they work. What is a personal guarantee? A personal guarantee...
Launched in February, the Frettens Client Portal has already received praise from a number of clients, who particularly like the user-friendly interface, as well as the security and simplicity of the software.
A short video article featuring Sarah Nineham, Dispute Resolution Associate, explaining what types of disputes a solicitor can help to resolve. ...
Buy-to-let landlords need to prepare themselves for changes to the Section 21 Notice coming into force next week. On 1st October 2018, all Assured Shorthold Tenancies (ASTs), regardless of their start date, will need to comply with guidelines as to when and...
Tenants could be given minimum three-year letting agreements to increase security for those who rent a home. Three year tenancy terms The Government is proposing to allow people who rent in the private sector to opt for three-year tenancy terms as this...
The Partners at Frettens Solicitors were delighted last week to announce the opening of a second office in Ringwood in July 2018. Who will be based at Ringwood? The Ringwood team...
The Partners of Frettens Solicitors are excited to announce that they will be opening a brand new office in the heart of Ringwood in July 2018, making Ringwood a second home for the ever-growing Frettens family. A full service law firm for Ringwood ...
Michelle Hayter, dispute resolution partner, looks at ToLATA and the powers it gives courts when resolving disputes over ownership of land/property. Michelle looks at ToLATA in the context of unmarried couples who have seperated.
Jason describes a common mistake that landlords make with section 21, form 6a. He discusses how the form is used and how to avoid making a mistake when filling it out.
2018 is likely to be a difficult year for lettings professionals in terms of keeping up with the legislation that is due to be finalised and passed. As well as new energy efficiency standards, GDPR, there is a Fitness for Human Habitation Bill, which...
From the 1st April 2018, there will be a requirement for any properties rented out in the private rented sector to normally have a minimum energy performance rating of E on an Energy Performance Certificate (EPC). New tenancies and renewals The regulations...
Protecting cash flow is vital for the survival of any business and pursuing unpaid debts to your company is frustrating and time consuming. You have up to six years to recover an unpaid invoice or outstanding debt, but ideally you would act quickly to resolve the issue where possible. Jason Hayter looks at the process of recovering unpaid debt.
Frettens Solicitors is delighted to report that it has been recognised in specialist areas of 'The Legal 500' again for 2017-18. This marks the eighth year in a row that the firm has been recognised by the independently researched guide to law firms...
This is a difficult subject for everyone, especially when it concerns family or close friends. Challenging a will is emotionally charged but you may realise after a loved one has died that they either changed, or wrote their will whilst suffering from...
A buy-to-let landlord has been ordered to pay just under £3,000 after pleading guilty to a charge of ‘harassing an occupier to give up the occupation of their premises’. The tenant had not paid their rent, so the landlord changed the...
Rent arrears are a real concern for UK landlords as it can have a significant impact on their ability to pay their mortgage. Fresh research by the Residential Landlords Association shows that 28% of landlords have experienced rent arrears in the past 12...
Frettens Solicitors are delighted to announce that Carl Geary has been promoted to become a Partner at the firm. Carl has been at Frettens since 2007, initially as a paralegal and then beginning a training contract, the final stage of qualification as a...
It is being reported in the property market that the number of people investing in the buy-to-let sector is falling at a rapid rate and many existing landlords are selling their properties. This is likely to be due to changes to tax relief that landlords...
It is fairly common for people to write their will so that they leave their estate (the sum total of their assets) to be inherited by their children when they die. Leaving everything to the grandchildren If that person has grandchildren, they might not...
When somebody dies unexpectedly, it is an awful and tragic shock for all those that care about them. Sadly, if that person did not make a will, dealing with the aftermath can be even more complicated, upsetting and expensive for their relatives and loved...
The Deregulation Act came in on 1st October 2015 and made changes which affect whether a landlord can serve a valid Section 21. All tenancies that began on or after that date, including renewals are affected. Statutory periodic tenancies are not if the fixed...
No business, large or small can survive without sufficient cash flow. Constant vigilance is necessary – below is a checklist to make sure you keep up to date with what your business is owed: As soon as an invoice becomes due for payment start chasing...
This is a brief guide to the process of making a claim against a professional – maybe a surveyor, architect, financial adviser, accountant or solicitor etc. "People rely more and more on professional advice and have an increased awareness of their...
Ministry of Justice figures show that there has been a significant rise in the number of Wills being contested in Court. This is thought to be as a result of more family breakdowns and an increase in re-marriages, co-habitation and step-families. Under The...
Squatters. How do you prevent this happening? How do you remove them if it does? Don’t despair it is possible to evict squatters and regain your property. Squatters are people who do not have a right to be in your property. There is no legal definition...
It’s been a boom time for the rental sector, 40% more people now live in rented accommodation than in 2006. Michelle Hayter , Dispute Resolution Partner says, "Arguably there has never been a better time to be a landlord but problems can...
Dentist, Norman Martin, failed to divorce his estranged wife despite having lived with his new partner, Joy Williams, in Dorchester of 18 years. On his death there was no provision for Joy, as Martin had failed to update his will to reflect his relationship...
If you are a residential landlord you will be obliged to check that a tenant or lodger can legally rent your property from you for any new tenancy granted from 1st February 2016.. This will be done by inspecting original documents which entitle the tenant to...
Buy to let landlords were hit by the Chancellor’s plans to change mortgage tax relief in the summer Budget. George Osborne announced that the relief would be cut to 20% from 40/45%, which will be phased in over four years from April 2017. This fuels...
The new Consumer Rights Act came into force on 1st October bringing a raft of changes and making it easier for shoppers who receive faulty goods or bad service to get satisfaction. It also gives on-line customers new legal rights. The Act covers: what...
The 1st of October brings important changes for landlords and agents to be aware of. We have outlined the basics below to keep you up to date with the new requirements. If this raises further questions for you, please get in touch with Michelle Hayter , who...
Rules on sub-letting in the Private Rented Sector (PRS) are clear – as a landlord you can simply refuse your tenant permission to sub-let. Most residential landords have a clause written into their rental agreement to this effect. An important reason...
The Government have issued an amnesty for landlords who have not registered their tenants deposits in one of the official schemes, but this will expire on June 23rd and they may then face a hefty fine of £3,600 (based on an average deposit of...
The Court of Appeal has held in this case that it is not a reasonable adjustment under the Equality Act 2010 to require a bus company to have a policy requiring non-wheelchair using passengers to move if occupying a space required by a wheelchair user. Mr...
A new mandatory ground enabling a landlord to recover possession of their property from a tenant came into force in October last year. “The new legislation allows a landlord to obtain possession if the tenant, a member of the tenant’s household...
The European Union Court of Justice in May of this year ruled that members of the public who are worried about their privacy on line can ask Google and other search engines to remove sensitive links from their search results. However, search engines can...
Under the new legislation contained in the Government’s Immigration Act 2014, private sector landlords are set to face hefty financial penalties if they do not carry out checks to ensure potential new tenants have a right to remain in the UK....
Most landlords and agents are aware of the provisions relating to tenancy deposit protection under the Housing Act 2004. The Localism Act which came into force in April this year has sought to rectify some of the underlying problems with tenancy deposit...