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02 May 2019
Issue: 7838 / Categories: Features , Procedure & practice , Civil way
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Civil way: 3 May 2019

LETS not bother; pilot flies wide; blow for estate agents

 

LANDLORDS’ LAMENT

The taxing Tenants Fees Act 2019 (see ‘Civil way’, NLJ 5 April 2019, p16) is brought fully into force on 1 June 2019 by commencement order SI 2019/857. Aimed at rogue landlords and their letting agents, it will hit even those of them who give to charity. It will also hit s 21 Housing Act 1988 notices (currently on death row, see p9 of this issue). No s 21 notice can be given so long as any unlawfully charged fee has not been repaid or unlawfully retained holding deposit has been returned. Some unpleasant surprises in store there for landlords, as the duty legal adviser raises a fatal breach at the possession hearing which had been expected to be a doddle. Practitioners who draft tenancy agreements from now on will need to be on top of the legislation. Initially, only lettings on or after 1 June 2019 will be caught, but after

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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