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UK Common law tenancies threshold increases 2010

From 1 October 2010, legislation will come into force in England that increases the annual rent threshold for an assured tenancy to £100,000. At the moment, a tenancy cannot be an assured tenancy if the rent is more than £25,000 a year. These tenancies are known as “common law tenancies”. Mark Sadler, Partner with Essex based lawfirm and LAWorld member, Kenneth Elliott & Rowe answers some of the most typical questions from landlords:

Q: Will the increase apply to an assured shorthold tenancy?

A: Yes. An assured shorthold tenancy (AST) is a type of assured tenancy so the change will apply to an AST. ASTs are the most commonly used form of assured tenancy.

Q: Is the change retrospective?

A: Common law tenancies that were granted before 1 October 2010 with annual rents between £25,000 and £100,000 that would otherwise have been ASTs (that is, tenancies that meet all the other requirements for being an AST, for example, not a business tenancy or a holiday let) will become ASTs on 1 October 2010.

Q: What are the practical implications of the change?

A: Landlords will need to comply with special rules that apply to ASTs, in particular: • The duty to protect rent deposits. • The procedures for gaining possession of the property.

Q: Is there any protection of deposits?

A: A landlord under an AST must protect the tenant’s deposit by using an authorised tenancy deposit scheme (TDS) operated by an approved scheme administrator. There are significant penalties for failing to follow the correct procedures, including fines and limitations on how the landlord can recover possession of the property. Landlords of existing tenancies that will become ASTs on 1 October 2010 should consider protecting any rent deposits taken before 1 October 2010. The requirement to protect deposits will only apply to ASTs granted after 6 April 2007.

Q: What about possession proceedings?

A Generally speaking, a tenant under an AST has a greater degree of protection than that provided by a common law tenancy. Landlords of properties that were originally let on common law tenancies that become ASTs from 1 October 2010 should be especially careful to follow the correct procedure for gaining possession, regardless of the contractual terms of the tenancy.

For further assistance on any commercial property matter, please contact Mark Sadler on 0044 1708 757575 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

English law firm gets top ranking for commerical property

The largest and most in depth independent survey of the UK legal market lists LAWorld member kenneth elliott + rowe solicitors as the number one firm in Essex, England for Commercial Property.

The Legal 500 2009 Edition, as with previous editions, ranks kenneth elliott + rowe's commercial property team above all other local firms. The independent review assesses various criteria including "very strong technical ability", "capacity for the biggest transactions" and "reputation for handling complex, innovative deals".

The Legal 500 commented: " Kenneth Elliott + Rowe’s commercial property practice is arguably the firm’s strongest suit, boasting a client base that includes London Boroughs, industrial developers and hospital trusts. Care homes and leisure developments are increasing areas of focus for the team, with clients recommending Chris Dixon and Mark Sadler."

Chris is also noted as a leading individual in the South East for commercial property transactions. http://www.legal500.com/c/south-east/real-estate/commercial-property-essex

To discuss your needs in commercial property matters call Chris Dixon or Mark Sadler on 01708 757575 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

LAWorld builds on expertise in Europe

LAWorld is pleased to announce that two new European law firms have joined our international legal network:

 

Branche Masset & Associés is located in the heart of the business district of Paris, Avenue de l' Opera and their expertise in the fields of corporate and private law has placed them in a prominent position within the Paris legal market, able to act for both companies and individuals with insight into both sides of a legal challenge.

Their aim for all clients is to defend their interests, ensure sound decision-making and the highest standards of legal accountability.

For more information and to contact J.Michel Branche or Valérie Masset: http://www.laworld.com/view-company.html?companyid=50

Waldmann Faesch & Partner is located centrally in Basel, Switzerland. Partner Daniel Olstein says “We are delighted to be part of the LAWorld group, which enables us to provide our international business clients with access to other competent lawyers around the world. Together with Bader Natsch Gnehm we can provide our LAWorld colleagues with business advice and support across Switzerland with offices in Basel, Bern and Zurich.”

With their specialist knowledge and business approach the Waldmann Faesch legal teams help clients with all legal questions and problems that arise – in general daily life as well as in special situations, concentrating on client needs and benefits - discreetly, competently and cost-efficiently. Thanks to their technical knowledge they can also assist in complex disputes where not just legal expertise is required but also experience of the client.

For more information and to contact Andreas Waldmann or Daniel Olstein: http://www.laworld.com/view-company.html?companyid=51

 

Last Updated on Thursday, 02 September 2010 14:27
 

Seattle law firm adds five new attorneys

The LAWorld member firm in Seattle, Washington, USA, Betts, Patterson & Mines, P.S, is pleased to welcome five new attorneys to the firm. “We are pleased to have attorneys of this caliber join our team and are excited about their ability to help position our future growth,” commented Managing Shareholder, Larry Gottlieb.

 

Maggie Diefenbach has joined the lawfirm as a Director. Diefenbach concentrates her practice in insurance defense matters. Prior to joining Betts Patterson, she worked as a litigation attorney at Cozen & O’Connor and was also claims litigation counsel for State Farm Mutual Automobile Insurance Company.

 

Mark Mills has joined Betts Patterson & Mines as Of Counsel. Mills practices in the Insurance Coverage Group. His experience includes advising insurers on issues arising from commercial general liability, commercial property, commercial auto, homeowners, and personal auto policies.

Marissa Alkhazov has joined the lawfirm as a Litigation Attorney. Alkhazov focuses her practice on complex litigation, and insurance defense law. Her litigation experience spans from representing manufacturers of fitness equipment in product liability matters, defending large corporate defendants in multi-district asbestos litigation to acting as counsel to homeowners in land use disputes.

Yvonne Benson has joined Betts Patterson & Mines as a Litigation Attorney. Benson focuses her practice on insurance defense litigation, including construction defect, personal injury, liquor liability, and legal malpractice litigation. She has also counseled manufacturers on product liability containment and defended manufacturers in product liability litigation.

Morgan Emmerton Smith joins the firm as a Litigation Attorney. Smith concentrates her practice on complex litigation that includes insurance coverage disputes and insurance defense law. She counsels insurers in large loss commercial liability claims and extra contractual claims, with an emphasis on construction defect claims.

The attorneys of Betts Patterson & Mines, P.S. are sought out for their problem-solving skills and for their expertise in serving the legal needs of both large and small businesses, as well as individuals. For more information, please call +1 (206) 292-9988 or visit www.bpmlaw.com.

Last Updated on Wednesday, 04 August 2010 13:46
 

Swiss Stock Exchange Recognition

Swiss law firm Bader Natsch Gnehm recognised as a competent representative of the Swiss Stock Exchange

LAWorld member for Bern and Zurich, Bader Natsch Gnehm has been recognized by the Regulatory Board of the Swiss stock exchange as a competent representative in the product area of equity securities. They are permitted to represent issuers and their representatives to submit listing applications (e.g. regarding IPOs or capital increases) vis-à-vis the SIX Swiss Exchange.

 

The recognition has been granted due to the partners´ professional knowledge and experience in this specialised field of law.

Oliver Gnehm, attorney-at-law and partner told us “My partners and I are delighted to have achieved this, which complements our traditional specialization in business law. Our competencies in stock exchange law encompass on all legal matters related to the listing of equity securities, maintenance of such listing and also related to share buy-back programs. We also advise companies regarding disclosure obligations and ad-hoc publicity”.

For more information, please contact Oliver Gnehm on This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Last Updated on Wednesday, 04 August 2010 13:36
 
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