Not exact matches
Legal advisors should ensure their «small» landlord clients, in
particular, are made aware
of the changes and the potential exposure, particularly if the client's business model is acquisition
of small rental
properties followed by securing vacant
possession, renovations and increasing
property value through re-rental or sale.
This appears to be fertile ground for a proportionality defence and, one suspects, that the pleadings presumptions in Pinnock and Powell (the right to
possession coupled with the duties regarding distribution and management
of their housing stock) will need to be supplemented with more
particular justifications; and, more substantively, that the comment that the public authority landlord's unencumbered
property rights are
of real weight (Pinnock, at [54]-RRB- will require revisiting.
«The court need only be satisfied on the balance
of probabilities that the cash is recoverable
property or intended for use in unlawful conduct; there is no requirement for the applicant to identify a
particular criminal activity and lies told by the people in
possession of the cash can be used to support an inference that the cash was derived from crime and / or intended for use in crime.»