The risk involved in relying on oral contracts was illustrated in a recent case before the High Court. It involved a property consultant who specialised in finding work for development companies in return for a share of the profits. Most of his work was carried out through his own limited company on the basis that
A landlord has won his appeal against the level of penalties imposed on him for operating an unlicensed House in Multiple Occupation (HMO). The case arose after six tenants sought Rent Repayment Orders (RRO) after discovering their HMO was not licensed. The tribunal made an order in their favour for the repayment of all the
The danger of tick box valuations was highlighted in a recent professional negligence case involving a firm of property surveyors. The court outlined what should happen when issues arose during valuations that could not be fully explained using automated systems. The case involved a firm called E.Surv Ltd which had been commissioned by an American
The Government has announced new proposals to make it easier for consumers and small firms to take action against unfair business practices. The new measures were announced by the Competition Minister Jo Swinson who said: “Actions like price-fixing or imposing unfair trading terms can really harm businesses, particularly small businesses, and restrict their ability to
A director has been given a 28-day suspended prison sentence after defying court orders during a dispute with another company. His fellow director was fined £1,000 for his part in the offences. The two men were directors of a company that leased premises to a business tenant. A dispute arose which led to the tenant
The Court of Appeal has imposed the maximum penalty possible on a landlord who failed to comply fully with the requirements of the Tenancy Deposit Scheme (TDS). The issue arose after the landlord took action against a tenant for rent arrears. The tenant brought a counterclaim denying rent arrears and seeking repayment of the deposit.
The High Court has ruled that a group of engineering consultants were not negligent when advising on a major development – even though they failed to predict some important issues. The consultants had been asked by the commissioners of a drainage authority to explore options for upgrading a pumping station. They carried out research with
Businesses are being urged to make sure their websites comply with consumer protection law ahead of the Christmas period. The warning from the Office of Fair Trading (OFT) comes after it carried out a review of 156 websites to check if any were in breach of the Distance Selling Regulations (DSRs). It found that 62
Three estate agents face prosecution for printing misleading information about the size of a garden in a property they were selling – even though they included various disclaimers. In the brochure they described the house as a “charming period, detached family house…set within superb gardens of approximately three-quarters of an acre”. The gardens were actually
The Office of Fair Trading (OFT) has issued new guidelines explaining how it will set tougher penalties for breaches of competition law. The maximum starting point for penalty calculations will increase from 10% of relevant turnover to 30%. The OFT says the change gives it the ability to set penalties which better reflect the gravity