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14 August 2013 / Graham Chase
Issue: 7573 / Categories: Features , Profession , ADR
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Safe as houses?

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Graham Chase considers the use of ADR to resolve landlord & tenant disputes

The most acrimonious disputes between landlords and tenants usually coincide with, eg rent reviews, changes in use and occupation, and the calculation of the service charge. These are all events which can place a considerable strain on the relationship, however, the parties are bound to each other until the end of the term or a pre-determined break provision can be operated.

The evolution of ADR

ADR has evolved over many years to take away some of the strain of the landlord and tenant relationship under these difficult circumstances. It keeps the affairs private and provides for settlement in full knowledge the relationship will continue after the fracas has become a distant memory.

In the current market the number of disputes settled by ADR appears to have fallen as parties work harder to reach a settlement in this harsh economic environment with little room for error or manoeuvre. Landlords and tenants are conscious of the time lost, costs and distraction

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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