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Smooth Law
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Landlord, Tenant and Property

  • Compensation for Loss of Light Following a recent case in which a dispute regarding a property owner’s right to light was unexpectedly dealt with by the granting of an injunction against a developer, a more recent case has offered guidance on how much compensation might be payable...
  • Construction Industry VAT Changes Ahead Businesses in the construction industry are reminded that on 1 October 2020 the new VAT domestic reverse charge will come into force. This is being introduced as an anti-fraud measure and will see a major change in accounting for VAT on some construction...
  • Landlords - Dealing With Pre-Pack Tenants Businesses in financial difficulties are increasingly seeking ways of ridding themselves of extra costs and, in many cases, premises let in more promising economic times are viewed as a substantial and avoidable liability, especially for businesses which...
  • Mixed Premises - Legal Status Living ‘above the shop’ is quite common in the small business sector and where the premises are rented, the lease will cover both the business and residential parts of the property. However, the statutory basis for repossession is quite different...
  • Options and Pre-emption Rights Prospective purchasers and vendors of land frequently wish to ‘lock in’ the other party to the deal and the means by which this is done will normally involve the prospective vendor either giving the prospective purchaser an option to purchase the...
  • Removing or Modifying Covenants Over Land   Covenants over property are a potential nightmare for developers but fortunately there are circumstances in which a covenant can be removed. If the beneficiaries of the covenant for which removal is sought cannot be persuaded by...
  • Stamp Duty Land Tax: Beginner's Guide Stamp Duty Land Tax (SDLT) is a self-assessed tax. The onus is on the taxpayer to make the necessary land transaction return, calculate the tax and pay it across. This is a fundamental change. The old Stamp Duty regime taxed documents, so it was...
  • Tenancy Deposit Protection Schemes - Rules If you are a landlord it is vital that you are aware of the requirement that all deposits taken by landlords and letting agents for Assured Shorthold Tenancies (AST) in England and Wales must be protected by a tenancy deposit protection scheme. There are...
  • Termination of Leases - Tips for Landlords When tenants seek to vacate premises, reduce the size of their premises or renegotiate their leases, problems can be created for landlords. Here are some tips for landlords to help deal with tenants when a break clause in a lease is looming: Be ready....
  • Termination of Leases - Tips for Tenants Disputes over break clauses in commercial leases are a continuing source of work for the courts. For tenants seeking to break their leases, here are some pointers: Make sure any notice to break the lease is issued by the right person. This may strike...
  • The Duty to Manage Asbestos - HSE Guidance According to statistics provided by the Health and Safety Executive (HSE), asbestos is the single greatest cause of work-related deaths in the UK. Every year 1,000 people who have been involved in carrying out building maintenance and repair work die as a...
  • Understanding Options People who want to buy a property but do not currently have the means to do so, or who simply want to be guaranteed the opportunity to buy it during a specified period or at some future date, will often undertake an option agreement with the owner. Under...
  • When is an Environmental Impact Assessment Necessary? The The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 apply to any development likely to have significant effects on the environment by virtue of its size, nature or location. If a Local Authority fails...
  • Who Pays the Rates? When a company that is the tenant of a property goes into liquidation, it is normal for the liquidator to disclaim the lease on the premises. Business rates must be paid by the 'person entitled to possession of the property' ( Local Government Finance Act...

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Articles

  • Legal News
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  • Landlord, Tenant and Property
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Latest News

HS2 Compulsory Land Acquisition - Court of Appeal Cautionary Tale

2020-03-23 00:00
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Commercial Landlords Not Liable for Carbon Monoxide Poisoning Outbreak

2020-03-10 00:00
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Forfeiture of Commercial Leases - Court of Appeal Test Case

2020-02-26 00:00
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Scaffolding Triggers Commercial Tenant's 'Peaceful Enjoyment' Complaint

2020-02-10 00:00
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High Court Orders Restaurant Chain to Complete Commercial Lease

2020-01-28 00:00
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Landlord Fends Off Leasehold Enfranchisement Risk - Supreme Court Ruling

2020-01-10 00:00
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Neighbourhood Plans - Court Postpones Local Referendum in Legal First

2019-12-23 00:00
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Email Footer Counts as Signature, High Court Rules

2019-12-05 00:00
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Upper Tribunal Paves Way for Former Corporate HQ's Conversion Into 114 Flats

2019-11-21 00:00
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Legal Landscape is Complex When Tenants Seek to Buy Freehold of Flats

2019-11-08 00:00
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High Court Overturns Planning Decision for Bungalows Development

2019-10-25 00:00
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Agricultural Tenancies Are Complex - Always Seek Professional Advice

2019-10-10 00:00
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Refused Planning Permission? You Are Entitled to Know the Reason Why

2019-09-25 00:00
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Reasonable Endeavours Clauses Can Have Teeth

2019-09-10 00:00
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Contract Adjudications are an Alternative to Litigation, Not an Addition

2019-08-27 00:00
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High Court Scotches Plans for £1.8 Million Holiday Park Expansion

2019-08-08 00:00
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No-Fault Eviction to End: Landlord and Tenant Law Revisions Likely

2019-07-22 00:00
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Missed Deadlines Mean Missed Opportunities

2019-07-09 00:00
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Possession Granted When Tenant Claims Argument is Over Same Facts

2019-06-21 00:00
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What Exactly Is the 'Curtilage' of a Building?

2019-06-10 00:00
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  • I have worked with Scott Birchall for some years for all our business related legal needs. Unlike other Solicitors we have found that Scott takes a pragmatic and commercial approach when dealing with disputes. He is extremely professional, conscientious and always willing to go that extra mile for our business. I cannot recommend Scott enough.

    Director of Care Concern NW Ltd, Birkdale and Southport

  • I have worked with Scott for many years and have complete confidence that Smooth Commercial Law will continue to deliver excellent results for me and my clients’ when specialist legal advice is required.

    Doug McCance, Investment Director, Close Brothers Asset Management, Manchester.

  • I have instructed Scott Birchall on a number of legal matters over the years. I have found Scott approachable yet professional and an excellent Solicitor. He is always happy to help, no matter how small or large the legal issue. He tailors his service to meet my legal needs and is extremely flexible when it comes to funding. I have recommended Scott to a number of my business contacts and they only have good words to say about him and the services that he provides.

    Leon Bellis, ELB Fireplaces, Leigh.

  • Scott, over many years, has always provided me with a fantastic and professional service. He has approached every case with great enthusiasm and maintains an excellent level of communication, explaining everything with great clarity. I’ve recommended Scott and Smooth to others and will continue to do so. Keep up the great work!

    Thomas Illingworth Chartered FCSI, CeMAP, Client Manager, Brown Shipley

  • I would like to thank Scott Birchall for the efficient and proactive way with which my matter has been dealt with. Scott kept us informed at all times and was always helpful (no matter what time of the day or night) and polite. I received a thoroughly professional service and would strongly recommend Scott and the team at Smooth Commercial Law

    Mr and Mrs Grundy, Appleton, Warrington

Latest News

Rightmove Fails in 'Confusingly Similar' Website Complaint

2021-01-27 00:00
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The Law Cracks Down on £35 Million 'Mafia-type' VAT/Duty Evasion Fraud

2021-01-22 00:00
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Smooth Commercial Law

Authorised and regulated by the Solicitors Regulation Authority. Details can be found at www.sra.org.uk. SRA number: 643046

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