All articles by Simon Edwards
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ProfessionalWhat rights do squatters have to reside in a property that is not theirs?
Although squatters occupy premises unlawfully, they do enjoy rights
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News
Professional advice
QUESTION: A management fee has been added to our service charges, even though we have never paid one before and the lease does not refer to it. Do we have to pay it?
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ProfessionalTenant eviction
Question: As a residential landlord, can I still evict my tenant if I have not complied with the correct deposit procedure?
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ProfessionalLiability for tenants’ payment defaults
Question: As the owner of commercial and residential premises, to what extent am I liable for the debts of tenants and former tenants, such as for utilities, tax and cable television during their period of occupation?
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ProfessionalManagement fees
Question: Our landlord has started to include a management fee in its service charges, even though we have never paid one before and the lease does not refer to it. Do we have to pay it?
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ProfessionalDeposit repayments
Question: I am a residential landlord and use an approved scheme to hold deposits. Outgoing tenants often want the money back quickly to pay for their next flat. Can I pay this myself and recover the money from the deposit holder?
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ProfessionalDilapidations claims
Question: Our landlord has suggested we offset a refund on service charges that is due to us against a dilapidations claim by him against us. Is it OK to do this?
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Professional
ASBOs for shopping centres
Question: We have had people causing a nuisance in our shopping centre. Is there anything we can do to exclude them from it?
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Professional
Residential service charges
Question: We manage several flats. How can we make sure we recover all of the service charges we spend?
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ProfessionalEviction of campaigners
Question: Campaigners have arrived on land we own. Is it possible to have them removed from our land on the same day and at no cost?
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News
Question: My landlord has suggested we refer our service charge dispute to the new RICS panel of independent experts. What is this?
Simon Edwards, associate partner at Drivers Jonas, responds
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Professional
Lease breaks
Question: We are thinking of exercising our break clause on our dilapidated offices. In what state of repair must we return it to the landlord?
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ProfessionalService charge disputes
Question: Our landlord has suggested we refer our service charge dispute to the new RICS panel of independent experts. What is this and how does it work?
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ProfessionalLoss-of-rent claims
Question: Our former landlord has included a claim for loss of rent in a schedule of dilapidations served on us. Do I have to pay this part of the claim?
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Professional
Civil procedure rules
Question: I hear that there have been several changes to the way disputes can be settled under the civil procedure rules. What are these changes?
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ProfessionalThe new RICS service charge code
Question: What changes will there be after the new RICS service charge code comes into effect from 1 April this year?
