Articles by Ellie Spencer

When is having the last word a bad idea?

When your contract contains a clause excluding oral variations… A recent decision of the Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited brings an end to the long standing debate over whether clauses excluding oral variations to a written contract (so called “NOM” clauses – “no oral modification”) are valid. This […]

Landlords’ works and the impact on tenants

Commercial leases often reserve to the Landlord the right to carry out repairs to adjoining premises. At times, this right may conflict with the Tenant’s right to enjoy the demised premises under the Landlord’s covenant for quiet enjoyment. There is also an implied covenant by the Landlord not to derogate from grant – put another way, a […]

Private landlords and agents – right to rent checks from 1st February 2016

The Immigration Act 2014 (Commencement No. 6) Order 2016 From 1 February 2016, all private residential landlords in England must carry out checks on prospective tenants to ensure their immigration status affords them the right to rent a property in England.  The checks must be carried out within 28 days before the start of the […]

Challenging a residential service charge – should tenants pay first and dispute later?

Introduction Residential tenants who wish to challenge a service charge when it is demanded are faced with an awkward decision. They can either withhold payment of a service charge from the landlord whilst they try to resolve the matter, or choose to make the payment anyway and then challenge it afterwards. As unpalatable as it may […]