Jonathan Flynn

Fly-tipping covers a range of illegal activity from small amounts of domestic waste to large “industrial” fly-tipping, which can often include hazardous material. This illegal dumping of rubbish can be very frustrating, unsightly and, often...

Following the outbreak of coronavirus, the government has enacted legislation with the aim to help those that have been affected. The most recent piece of legislation is the Commercial Rent (Coronavirus) Act 2022 (the “Act”) which was passed on...

The Government has now announced (on Wednesday 16 June 2021) that it will be taking further action to introduce yet another extension to the protections from forfeiture for non-payment of rent. The Government’s announcement confirms that the...

Most commercial leases enable a landlord to terminate a lease by forfeiture if the tenant breaches its obligations. Once the right to forfeit the lease has arisen, if the landlord acts in such a way so as to treat the lease as continuing it will have waived...

Social distancing has become part of our life now, but distance between neighbours has always been a potential flashpoint, when it comes to boundary disputes. If you think your neighbour has overstepped their boundary, or is encroaching on your territory,...

It isn’t uncommon for a struggling commercial tenant to think that they can simply hand back the keys to a property in a bid to escape their obligations under their lease. This, clearly, leaves a landlord in a bind, and our highly experienced Property...

We regularly act for those seeking to pursue and defend claims for private nuisance. This generally involves someone doing something on their land which substantially and unreasonably interferes with neighbouring land. In these cases, a claimant can seek...

The Coronavirus Act 2020 (CVA 2020) came into force on 26 March 2020 and introduced emergency measures to temporarily deny landlords the right to forfeit (bring to an end) relevant business tenancies for the non-payment of rent. Under section 82 of the CVA...

For assured shorthold tenancies, a landlord has two routes by which he may recover possession of his property by way of serving notice. A landlord can serve notice under section 21 of the Housing Act 1988 (“the HA 1988”)....

The Coronavirus Act 2020 (CVA 2020) has now come into force bringing with it emergency measures for commercial tenancies. Commercial landlords will no doubt be anxious to know how these measures will impact them and will want to know what, if any, action...

New regulations which came into effect on 24 July 2020 has meant that landlords wanting to serve a notice to end their tenant’s occupation of their Welsh property will now have to provide 6 months as opposed to 3 months (except under certain grounds in...

Legislation has been passed in the form of the Business Tenancies (Extension and Protection from Forfeiture) (Coronavirus) Regulations 2020 which come in to force on 30th June 2020, further preventing Landlords from ending business tenancies for non-payment...

The stay (pause) on possession proceedings has been extended until 23 August 2020, giving those who rent property in England and Wales further protection from eviction. Previously the stay was due to come to an end on 25 June 2020. The stay affects...

In response to the outbreak of covid-19 new rules were introduced in March this year that affect landlords’ powers to obtain possession of their properties. We have been contacted by many residential landlords and tenants during this difficult...

In March this year new rules were introduced that, effectively, halted property owners’ powers to obtain possession of residential and commercial property by way of Court proceedings. This Practice Direction (Practice Direction 51Z) was put in...

Living in an apartment block suits many people but it can bring its own challenges – not least the fact that you will be living very close to your neighbours. Friction can arise even among good neighbours and occasionally these issues can lead to legal...

The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 has introduced temporary legislation to restrict commercial Landlords exercising their rights to seize and take their Tenants’ goods when...

Most commercial leases enable a landlord to terminate a lease by forfeiture if the tenant breaches its obligations. Once the right to forfeit the lease has arisen, if the landlord acts in such a way so as to treat the lease as continuing it can lose the...

The Coronavirus Act 2020 has now come into force, it brings with it emergency measures concerning commercial tenancies. Commercial landlords and tenants will be anxious to know how these measures will impact them and what action they should be taking during...

The Coronavirus Act 2020 has now come into force, bringing emergency measures that affect residential tenancies. Schedule 29 of the Act introduces important statutory amendments that affect notice periods for residential tenancies in England and...

The Government has published the Coronavirus Bill 2019-21, outlining new measures coming into force for both residential and commercial landlords and tenants, in these unusual times. The effect of the measures for residential tenancies appears to be less...

We are keen to support commercial landlords and tenants who may be unsure about their rights and responsibilities, at this challenging time. Here are some of the key points you should be aware of: The relationship between the...

Under proposed emergency legislation recently announced by the Housing Secretary, evictions from social and private rented accommodation for any tenant affected by the Coronavirus outbreak will be suspended for a period of three months. The Housing...

The boom in AirBnB style lettings has given holiday-makers a great deal more choice, but it is causing some concerns for landlords who fear their tenants may be letting out their homes in breach of their lease. This is undoubtedly the case in many...

Sarah Davies, JCP Director and Head of Property Litigation, shares some advice on commercial property leases. If you are planning to set up a business or to expand from a home-based business to having a dedicated office or shop front, you should...

If you are a Letting Agent and want an update and overview on the most effective way to remove tenants from rented residential property, Sarah Davies, Director and Head of Property Litigation at JCP Solicitors, has a short presentation that she is...

The most useful summary of the hedge and ditch rule can be found in the ruling of Judge Lawrence in Vowles v Miller (1810). “The rule about ditching is this. No man, making a ditch, can cut into his neighbour’s soil, but usually he cuts it to...

What is a Business Lease? The Landlord and Tenant Act 1954 (“the Act”) provides that leases of a fixed term of over 6 months or where the tenant has been in occupation for 12 months can gain protection from the Act. In order to gain protection...

The presumption when it comes to land ownership is that the landowner owns from the depth to the heavens. This therefore may create a situation whereby a neighbouring property can build right up to yours and therefore prevent any light getting onto your...