party walls

Party walls are often publicised as the source of neighbour disputes; the legislation is complex so it is important to seek legal advice before you undertake any work which may engage the Party Wall Etc. Act 1996. It is understandable that owners may wish to protect the party wall from any work which interferes with, or create structures close to, their land. If you believe that your neighbour is undertaking work without a party wall agreement you should act quickly – perhaps obtain an ex parte injunction to prevent any damage to your property,

Our solicitors are experts and can advise on a range of matters including:

• Whether the Act is engaged by the proposed development?
• Whether excavations close to the party wall engage the Act?
• The process for serving notices and counter notices.
• Party wall awards.
• Commence ex parte proceedings to obtain an injunction to prevent work which engages the Act.
• Assist with the instruction of an agreed surveyor or the appointment of independent surveyor.
• Advising on damages where notifiable work has damaged your property.
• Basement excavations.
• Special foundations.
  
  

Call us today and we can provide party wall advice and representation in party wall disputes under the Act.

Please contact us for further information by telephone for an informal conversation, or email details to us by completing our online enquiry form and we will call you back.

houses in multiple occupation

Defending Housing Act Prosecutions including Houses in Multiple Occupation

Local Authority prosecutions of landlords who run unlicensed HMO’s are on the rise. We can assist you if you are a landlord who has received a summons to attend a Magistrates Court and face criminal charges including:

• Being a person with control or management of a Unlicensed HMO (s.61 and s.72(1) of the Housing Act 2004 eg. if you rent out a 3 storey property to 5 or more individuals who are not related and live in separate households
• Breaching HMO Management Regulations eg. failing to ensure that firefighting equipment and fire alarms were maintained in good working order
• Statutory Overcrowding
• Illegal Evictions

The consequences of a conviction are serious. Previously landlords could be fined up to £20,000 for running an unlicensed HMO. Recently the law has changed and the courts can impose an unlimited fine.

Anyone convicted of an unlicensed HMO offence will find it difficult to obtain an HMO licence in future as they are likely to fail the “fit and proper person” test. Company prosecutions are also common and can result in director’s disqualification.

It is therefore vital that you obtain specialist legal advice as soon as possible.

Contact us now to arrange an appointment, for further information or to arrange a callback.