GOODBYE DISTRESS. HELLO CONTROL

Commercial Landlords need to be aware of the Tribunals, Courts and Enforcement Act 2007 (relevant provisions not yet in force) which will introduce commercial rent arrears recovery (CRAR) in place of the old remedy of distress.

This will involve a Warrant of Control, which will only be available for the recovery of the rental element of any arrears. It will not include service charge or insurance charges.

Any attempt to get round the Act through a provision in the Lease or a separate contract will be unenforceable.

These changes will have some detrimental impact on Landlords in certain cases. In most cases they will not affect a Landlord’s rights provided that the pitfalls are noticed and avoided!

These changes are not yet in place but are likely to be imminent. Further details will follow in a future issue.

BOUNCY CASTLE CASE… Revisited…

Our last issue summarised the decision of Harris –v- Perry, Perry and Harris where the High Court held the Perrys liable for an injury to a child when he received a kick to the head by another child on a bouncy castle.

However, the Court of Appeal have overturned that decision by holding that the Judge had imposed an unreasonably high standard of care on the supervising parent. The accident was a freak and tragic accident. It occurred without fault.

Comment: The decision is a good illustration of the Court reaching a reasoned decision demonstrating commonsense. The key to liability-free fun activities such as these lies in exercising reasonable parental control, supervision and discipline.

For full article click here

RETENTION OF TITLE : ARE YOU TOO LATE?

What you need – and where you need to put it!

You have a “retention of title” clause on your invoices:-

“All goods remain the property of the Seller until paid for in full”.

Can you rely on it if your customer becomes insolvent?

The answer to the question, if you have nothing more, is almost certainly “No”.

Nevertheless we often see this type of clause without anything else to back it up.

For full article click here

If you don’t want HASSLE
you need SALEHS!

If you would like to discuss any matter arising from this Newsletter with a member of our litigation team, please do not hesitate to contact our Head of Litigation, Andrew Koffman, or one of the other Solicitors in the Department, Mark Hilton and Nicola Stratton, on 0161-434-9991 or at the following email addresses:- ark@salehs.co.uk; mjh@salehs.co.uk; nss@salehs.co.uk

Note: The contents of this Newsletter are for information purposes only and are not intended in any way to amount to legal advice on any specific set of facts. Whilst the contents of this newsletter are correct at the date of publication to the best of our knowledge and belief, neither Salehs LLP, nor its Partners or Employees, make any representation regarding the completeness or accuracy of the contents or any action taken in reliance thereon.