.As any business utilising goods vehicles will know, you will have to handle a number of overlapping regulatory regimes; these will probably at least include maintenance, insurance, Operator Licencing and legalities for drivers. Traditionally, drivers have enjoyed full employment status, dealing with an employee’s income tax, National Insurance contributions, holiday pay, sick pay and pension […]
Property owners are always experimenting with ways to make use of new space in their homes. One increasingly popular way of creating useful space is the development of underground basements, including under pavement cellars. These underground basements that extend under the highway are very common in Victorian homes in central London and were historically used […]
A claim was made to the English Courts asking them to enforce an adjudication decision, seeking over £600,000 plus interest and the adjudicator’s costs. The Defendant asked for a stay (delay) of the proceedings, on the basis of a challenge to the jurisdiction of the English Courts. Although the parties had entered into a standard […]
What is a Lasting Power of Attorney (‘LPA’) An LPA is an important legal document that enables an individual (the ‘Donor’) to appoint someone (an ‘Attorney’) to act on their behalf in relation to their property and financial affairs (‘P&FA’) and/or health and welfare (‘H&W’) matters, if they are unable to deal with such matters themselves […]
The phrase “If something seems too good to be true, that something probably is too good to be true” is rarely incorrect and applies to a variety of situations from a bargain in the shops that later doesn’t work, to the perfect guy who eventually disappears, all the way to reducing your inheritance tax bill. I recently received […]
If you have received one of these notices, want to know what to do if you do, or you are a tenant wanting to know how you might be able to buy your freehold, then please read on .. Tenants have a statutory right to purchase the freehold, or collectively enfranchise as it is known, […]
Do you have a long lease, i.e. a lease with a term of over 21 years? If so, you are a long leaseholder. If you are a long leaseholder, would you like the opportunity to manage your block with your fellow leaseholders? Under Section 71 of the Commonhold Leasehold and Reform Act 2002 (‘the Act’) […]
The buzz around rooftop and airspace development has peaked once again and this appears to be a hot topic wherever you go. Airspace and rooftop development has attracted significant interest over recent years and has been considered as a potential solution, in particular, to London’s housing crisis. From our own experience of acting for developers, […]
If so, this will be because your landlord is looking to dispose with some or all of their freehold property. They may, for instance, be selling the entire freehold, granting a head lease, or selling / gifting away some or all of the common areas. What is a Section 5 Notice? When a landlord has […]
In certain circumstances, leaseholders in a block of flats are legally entitled to get together and buy the freehold of the block from their landlord. Often, the leaseholders will do this by setting up a company which will become their new landlord but with themselves as members/shareholders of the company. This ensures they have control […]
According to research from the Homeowners Alliance, today will be the year’s most popular day to move with 6,500 moves expected today alone. In fact, August has been the most popular month to move for the past 12 years. Whilst Fridays remain the most popular day to move (28% do so on this day) because […]
The order in which two people die can have a profound impact on who inherits. A recent case considered the application of a long established but rarely used legal rule that says where the order of death cannot be ascertained it is presumed that the eldest person died first. The case involved a husband and […]
The boost The number of new build homes in the UK is now at its highest for over a decade. Part of the reason for this has been the success of the government’s schemes, including ‘Help to Buy’. The appeal of a fresh new home is understandable. New builds can come with peace of mind, […]
Since 6 April 2019 all UK commercial property held or owned by non-resident individuals, offshore companies and trusts will have to pay UK Capital Gains Tax (CGT) at a rate of 19% or 20%,when the property is disposed of. The new regime additionally applies to indirect disposals of UK commercial property. Indirect disposals These include […]
The claim was brought by Tara Wellesley against her father, the Earl Cowley’s estate. The estate was worth £1.3m and Tara had been left £20,000. The rest of the estate was left to his fourth wife for life, to be divided on her death between his son and 5 step children. Tara made a claim […]
The Supreme Court’s recent decision on a non-compete clause provides useful guidance on the drafting of restrictive covenants, or post-termination restrictions as they are sometimes called, in employment contracts. First a brief re-cap … Restrictive covenants Sometimes called post-termination restrictions (“PTRs”), these are provisions usually found in a contract of employment that stop an employee […]
Just when you thought the General Data Protection Regulation (GDPR) dust had settled, the Information Commissioner’s Office (ICO) have announced their intention to fine British Airways (BA) £183.39million and Marriott International (Marriott) £99,200,396. The ICO appeared to have a relatively quiet 12 months, following the influx of GDPR-centric news at the beginning of 2018, seemingly […]
From the 31st July 2019, the Ministry of Justice will be implementing a new Act that allows family members to apply to look after the property and financial affairs of relatives who are missing, through applying for what will be known as a “Guardianship Order”. This greatly improves the current position, under which family members […]
Anyone who has bought a property whether commercial or residential will no doubt recall having a discussion or reading about the requirement to order a set of property searches at the outset of any purchase (freehold or leasehold). The cost of searches can vary depending on the type of transaction but they will generally represent […]
Are you looking to buy a leasehold flat, but find you are having difficulties getting a mortgage because the term isn’t long enough? Or do you currently own a leasehold flat and are having difficulties selling it because your lease isn’t long enough? These are not uncommon issues that many leaseholders, or potential leaseholders, are […]
As a shareholder of a company, have you ever felt that the majority are making decisions which are unfairly prejudicial to your interest in the company? When shareholders hold different quantities of shares in a company, an imbalance of voting power can exist. In some instances, this can result in the majority conducting the company’s […]
The recent Court of Appeal case of Re: Sprintroom Ltd Prescott v Potamianos and anor has provided further insight into how the Court will determine whether an offer to purchase a minority shareholders’ shares is reasonable. A shareholder can make a petition to the court under s994 of the Companies Act 2006 if they believe […]
Many charities rely heavily on funding from legacies left in Wills. Sometimes these legacies are disputed by family members or loved ones (often after the death of the person who made the Will, also known as the ‘testator’), upset that their ‘share’ of the estate has been diminished or even extinguished. This is becoming increasingly […]
With the BBC’s decision to start charging the over 75s for their TV licences and the recent moving D-Day commemorations, the elderly members of our society have very much, and rightly so, been in the headlines recently. Often our older members of society have specific needs including perhaps mental and/or physical difficulties and specific health […]
Are you looking to sell or sublet your leasehold property? If you are then it is important that you are aware of the need to comply with certain provisions in your lease before and during your sale or let. Selling or letting any property can be stressful enough but a leasehold property can create more […]
A homeowner from Highgate, London, was recently successful in his claim against his chartered surveyor, who had failed to spot Japanese knotweed growing in the garden of the homeowner’s ground floor flat. The homeowner had claimed for the cost of removal and also the reduction in his property’s value. The case is important for property […]
From 1 June certain fees charged to tenants by landlords/letting agents will be banned and failure to adhere to the change in law could result, at best, in a £5,000 penalty or at worst, the committing of a criminal offence. The Tenant Fees Act 2019 (“the Act”) restricts what landlords and lettings agents can charge […]
Some of the leading home builders have recently been under scrutiny and investigation due to concerns regarding safety and poor quality. Whilst home buyers are given the comfort of certification that their home will meet the legal standards laid down by Building Regulations, together with a new home (structural) guarantee, reports show that there has […]
It has been almost a year since we were all overloaded with the surge of information surrounding the General Data Protection Regulations (GDPR), together with the hundreds of emails requesting us to opt in and consent to our data being processed by various different organisations. But one year on, is your business compliant with GDPR? […]
We often receive enquiries asking us how they can avoid paying for care or avoid having to sell their house in later life should they or a partner need to be looked after in a care home. Often these enquiries are fuelled by stories in the press or following discussions with friends. In this blog […]