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Proportionality in possession cases – another update

Proportionality in possession cases – another update

Avid followers of the Emsleys Housing Law Blog are only too well aware of the ability of a tenant of social housing to raise a defence to a possession claim under Article 8 of the European Convention of Human Rights – is the decision of the housing provider proportionate? I.e. is the means legitimate for [...]

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The Court’s Discretion in Tenancy Deposit Claims – a Judge’s view

The Court’s Discretion in Tenancy Deposit Claims – a Judge’s view

Our recent article explained how the existing law in relation to tenants’ deposits changed as of 6 April 2012. One of those changes was that, if a Landlord fails to register a tenant’s deposit, or provide the tenant with prescribed information about their deposit, within 30 days of receipt, a Court may order the Landlord [...]

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Changes to the Tenancy Deposit Procedure – The Localism Act 2011

Changes to the Tenancy Deposit Procedure – The Localism Act 2011

The Localism Act 2011 has introduced changes to the tenancy deposit procedure that all Landlords need to be aware of in respect of taking deposits from their tenants. Under the old procedure, Landlords had a period of 14 days to protect a tenant’s deposit via an approved Tenancy Deposit Scheme and then provide the tenant [...]

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Break Clauses in Commercial Leases – Tenants Beware!

Break Clauses in Commercial Leases – Tenants Beware!

In today’s challenging economic climate, tenants who agreed conditional break clauses in a lease of their business premises a few years ago and who are now reliant on successfully exercising the break clause to protect their future business interests may be alarmed to discover just how difficult it can be. A break clause is a [...]

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