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 […]
On 1 April 2019 the Royal Institute for Chartered Surveyors (RICS) introduced a Professional Statement for its members that it hopes will encourage landlords and managing agents to provide a more transparent and up front service providing clarity, certainty and protection for businesses from hidden costs. The Professional Statement follows growing concerns in relation to […]
Last week the government announced plans to make it harder for landlords to evict tenants by changing the legal process. It proposes abolishing the use of section 21 notices – a huge change to the private rental sector and much to the dismay of many landlords. As you may or may not know, section 21 […]
Can a letter of instruction be a legally binding contract? The established principles relating to the formation of a contract are well known. In order for there to be a valid contract there must be (1) an offer, (2) acceptance of that offer, and (3) consideration. An offer can be made expressly by conduct or […]
As reported by us in November last year, a rise in probate application fees has been proposed. Now it seems likely that the government will be introducing the rise in the coming weeks or months (the exact date is yet to be confirmed). By way of a re-cap, in order to apply for a grant […]
It is a sad fact, but a reality, that fraud pervades our society. Criminals are constantly looking for new scams and schemes. In recent years, property fraud has been on the increase and scammers are more sophisticated than ever before. It is a frightening statistic that data from Home Owners Alliance property found that, in […]
Although spring is officially with us, the recent stormy weather, or perhaps the Brexit overload, is leading many of us to reach for our mobile device and book a holiday to escape. As has been widely reported, the holiday market has changed rapidly in recent years. One catalyst for the change has been brought about […]
Ok, that’s not quite true. But bear with me. With some sort of Brexit (we are told) on the horizon, there have been questions raised – in some quarters – over the suitability of English law as the ‘default’ choice of law for commercial contracts in many different markets and business sectors. But whether you […]
Earlier this month “UK Finance” reported that 2018 saw a 12 year high in the number of first time buyers. Part of this rise will be as a result of the government’s ‘Help to Buy’ scheme and it is leasehold properties that most first time buyers will be purchasing. Typically flats are owned in this […]
Our contentious probate team achieved success for the Claimant by persuading the High Court to exclude the effect of the forfeiture rule in relation to assets she held jointly with her husband and her interest in his estate (of which she was the sole beneficiary). Mr Ninian made the agonising decision that he wanted to […]
If you are a party to a commercial dispute, a recent decision by the Court of Appeal could affect the documents that can be inspected by your opponent. As you may know, if you are a party to a dispute, you have a duty to the court to disclose all documents relating to that dispute, […]