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David Smith

@hmolawyer

Solicitor in private practice

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08.08.2024
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Latest posts by David Smith @hmolawyer

Preview
Mediation Compulsion Gets Real- And Really Works! There has been a lot written about the dispute between Manchester City football club and Superdry. However, what has not been written about quite so much is the mediation aspect of this.

Check out the latest article in my newsletter: Mediation Compulsion Gets Real- And Really Works! www.linkedin.com/pulse/mediat... via @LinkedIn

30.01.2025 21:27 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Compensation for Eviction in Wales...and England On 13 January the Welsh Senedd Committee on Local Government and Housing published a report on its enquiry into the Private Rented Sector in which it called for tenants to be compensated for eviction....

Check out the latest article in my newsletter: Compensation for Eviction in Wales...and England www.linkedin.com/pulse/compen... via @LinkedIn

26.01.2025 21:54 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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You Blamed DEI for Hurting Your Career. Now What? For people who pin their failures on diversity, corporate America’s DEI retreat removes a barrierβ€”or maybe an excuse.

this confirms something i have long suspected, which is that certain people are told that their professional and academic failures are because of β€œaffirmative action” or β€œDEI” as a way to avoid difficult conversations about their mediocrity www.wsj.com/lifestyle/ca...

16.01.2025 12:22 πŸ‘ 33676 πŸ” 6236 πŸ’¬ 1098 πŸ“Œ 640
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Sanctions and Lettings Agents Lettings agents (and a fair few estate agents) have long been a little blind to the requirements of money laundering, sanctions, and proceeds of crime legislation. I am frequently told by letting agen...

Letting agents will need to deal with new sanctions guidance from May this year
www.linkedin.com/pulse/sancti...

10.01.2025 23:01 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

I’ve finally left X now. A bit behind the curve, I know, but I’m hoping that Bluesky will like the good old days of Twitter when I would learn a lot and not have rubbish on my feed.

How’s everyone finding it here?

08.01.2025 09:43 πŸ‘ 7 πŸ” 1 πŸ’¬ 2 πŸ“Œ 0
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RRB is a β€˜massive opportunity’ for agents Panel of some of the property world’s most respected figures says Renters’ Rights Bill should be considered an opportunity not a threat.

I was lucky enough to be invited to speak on a very erudite panel at The Negotiator conference. We all seemed to be of the view that the RRB offers opportunities. For landlords and agents able to adapt and embrace the changes there will remain good opportunities in the PRS.

02.12.2024 12:54 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

The problem as I see it is that the UK's combination of parliamentary sovereignty, no entrenched constitutional rights, and executive dominance where there's a majority makes it v hard to protect minority rights where it's popular to remove them. The ECHR gives at least some protection.

17.11.2024 09:04 πŸ‘ 53 πŸ” 7 πŸ’¬ 4 πŸ“Œ 1
The Lands Tribunal

New UT decision on the time period for bringing an RRO claim and when the s.72(4) and (5) HA 2004 defences arise. My thanks to @hmolawyer.bsky.social, JMW and the Safer Renting team. Sorry we came 2nd.

landschamber.decisions.tribunals.gov.uk/Aspx/view.as...

20.10.2024 14:58 πŸ‘ 0 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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Landmark reforms to give greater security for 11 million renters Section 21 evictions banned to protect renters from key driver of homelessness and empower them to speak up against discriminatory treatment.

The Renters' Rights Bill is expected to be published today. MHCLG has a summary up
www.gov.uk/government/n...

11.09.2024 07:08 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
New Procedural Rules and ADR - JMW Solicitors

The CPR, the procedural rules for civil claims in the couets, are being modified to prokote ADR. What will this mean?

www.jmw.co.uk/blog/commerc...

19.08.2024 08:43 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Council seizes homes from private landlord A landlord who persistently failed to license several rented properties has had the homes seized by Merton council in south London, in one of the first actions of its kind in the country.

Interesting to see a council finally actually using management orders to take over unlicensed HMOs. A very under-used power. www.landlordtoday.co.uk/breaking-new...

16.08.2024 08:46 πŸ‘ 46 πŸ” 18 πŸ’¬ 3 πŸ“Œ 0

Fair point. But if I certify prematurely and it turns out I was right does that not count as a good certification?

15.08.2024 12:44 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Given the very relaxed attitude to certification in Charterhouse v Lowe I am not sure that this was the right approach. Although Lowe is under appeal of course! Certification has become a bit of a mess really and it is hard to be clear what is being certified, by whom, and to what extent.

15.08.2024 12:25 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
Another Day, Another Deposit Protection Case

Another day, another deposit protection case. Some thoughts on deposit protection and a new case which requires deposit information to be sent after deposit receipt and not before

www.jmw.co.uk/blog/commerc...

15.08.2024 11:18 πŸ‘ 1 πŸ” 1 πŸ’¬ 1 πŸ“Œ 0