The Court of Appeal has recently held that failure to provide a gas safety certificate prior to a tenant’s occupation does not prevent a landlord serving a section 21 notice, as long as the relevant certificate has been given before service of the section 21 notice. The law surrounding the service of gas safety certificates […]
The Government has just announced that it will pass legislation in England and Wales in September this year, which will allow people to witness a Will remotely. The Government has also announced that the legislation will apply to Wills that have been executed from 31 January 2020, and that the legislation will remain in force […]
The Covid-19 pandemic has presented challenges for the legal sector, particularly real estate lawyers, who have been working from home and contending with printing, posting and scanning original documents. It is has become clear that the process is still too paper-based and that there needs to be a ‘digital dawn’. The Land Registry (LR) has […]
A female solicitor dubbed “overly dominant” and “pushy” suffered sex discrimination by her employer, the Employment Tribunal has decided. The case: Ms HE Biggs v A Bilborough & Company Ltd and others: 3201280/2017 and 3200123/2018 Solicitor Helena Biggs successfully brought claims for unfair dismissal, direct sex discrimination, victimisation and harassment under the Equality Act 2010 […]
We have acted for clients over the years where, part way through a divorce, one spouse unexpectedly dies. Many separated couples do not realise that, until the Court has issued a decree absolute, they are still legally married. Separation and a decree nisi are not a final divorce but the divorce proceedings cannot continue after […]
Whether you are seeking to expand your network or exploring new avenues for your business, electronic platforms (such as websites and social media) are being utilised to increase commercial opportunities. It is increasingly important to maintain an online image that is truly reflective of you and/or your company; however, this also opens up the possibility […]
Boris Johnson has this week announced radical reforms to our planning system together with a new £5billion recovery plan for the UK property market. The objective here is not only to help boost the economy but also to make it easier to build better homes where people want to live. What planning changes are proposed? […]
If you own shares in a private company, you probably have a reasonable idea of what would happen to those shares on your death. It may be covered in your Will or your Shareholders’ Agreement. But do those documents provide a solution that can really be relied on to work in practice? Will they really […]
With the recent government announcement of “business as usual” for the residential property sector, it appears to be all systems go. Many properties are being sold with astonishing speed, reflecting the “pent up demand” in the market place. Once a sale has been agreed in principle, the legal work needs to be progressed. This includes […]
Since March 2016, if you buy a new home without selling your current home, you are usually liable to pay a higher rate of SDLT via a 3% surcharge that could be reclaimed if the existing ‘main residence’ is sold within three years. As a result of Covid-19, the Government imposed stringent lockdown measures effectively […]
Consider, for a moment, what would happen to your business if you were unable to work for one month or for one year, or if you were never able to work again. Would your business survive? Who would make decisions? How would this affect your family and their future? What would happen to your employees? […]
As we move into the second phase of lockdown with schools partially re-opening, the relaxation of the rules around social contact and the re-opening of some previously closed sectors of the economy, many businesses and employees are starting to look ahead to plan a return to the workplace, un-Furloughing staff and how their business will […]
In the March 2020 budget, the government announced that it will provide £1 billion in 2020-2021 to support the remediation of unsafe non-ACM cladding system</s on residential buildings 18 metres and over in both the private and social housing sectors. The online registration process opens up today, 1 June 2020, and will close on 31 […]
The Supreme Court has handed down its decision in the case of Duval v 11-13 Randolph Crescent Limited this month (May 2020), which will have far reaching practical implications for landlords when dealing with requests for consent by leaseholders. By way of background, Dr Duval is a leaseholder in a block of residential flats of […]
Mental capacity regarding financial affairs relates to the ability to make a decision that may have a financial consequence. This could include, for example, buying or selling property, seeking a divorce, obtaining a loan, entering into a contract, or entering into legal proceedings. Capacity is decision-specific so, whilst someone may have the capacity to make […]
Lord Templeman was a renowned former High Court Judge and Law Lord, who is known for his significant contribution to English Law, but perhaps most notably for his judgment in the landmark case of Kenwood v Adams (1975) where he established the ‘Golden Rule’: “In the case of an aged testator or a testator who […]
The Secretary of State for Housing has announced a ‘restart’ of the housing market and has provided detailed guidance not only to support the industry, but boost the economy as whole. What does this mean for those wanting to move home… can it be done? In a word… yes! The revised guidance provides advice and […]
From 1 April 2020, all occupiers of retail, leisure and hospitality properties are automatically exempt from paying business rates for 12 months as a result of closures in response to the Covid-19 global pandemic. Generally, business rates are charged on most non-domestic properties like shops, offices, pubs, warehouses, factories, holiday rental homes, guesthouses etc. Your […]
The Covid-19 pandemic has resulted in the property market stalling and there is a sense of resignation amongst clients and stakeholders that transactions are not going to proceed, at least in the short term. However, with many of us trying to find ways to keep busy, could we be making better use of our ‘downtime’ […]
Once the court has granted a monetary order of judgement in your favour, it would of course be preferable if your opponent were simply to accept this and comply by paying what you are owed; however, this is sadly not always the case. Whether you are seeking to recover money or property from your opponent, […]
As the coronavirus continues to impact us, so too does the uncertainty underpinning every aspect of our daily lives – professional, personal and everything in between. As a consequence, the pause button has been firmly pressed on a number of institutions ordinarily so fundamental to us. Courts and tribunals have closed their doors, religious gatherings […]
The press has been awash with many stories about the increase in demand for Wills since the onset of COVID-19. This note addresses the following: The logistics of executing (or signing) your Will where you are avoiding contact with others; Whether you actually need a Will (and examples of common misconceptions about what happens if […]
Property is likely to be the single most valuable asset that people will acquire in their lifetime. You want to be sure that there are no surprises once you have bought your property. If your solicitor has missed something that they should have picked up on, and this has resulted in a financial loss to […]
As the world is grappling with one of the most serious viral diseases in the form of Covid-19, Will drafting practitioners have seen Will instructions increase by 70% and are having to think on their feet to come up with innovative ways to comply with the strict rules relating to the preparation and execution of […]
Last week, the government made changes to the way in which its Coronavirus Business Interruption Loan Scheme (CBILS) will be administered for smaller businesses. In particular, loans of less than £250,000 will no longer need to be backed by a personal guarantee. However, it’s likely that personal guarantees will still be required for larger loans […]
Coronavirus Act 2020 The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020 which, amongst other significant measures, has given some security to tenants of commercial units who are unable to pay their rent over the coming months because of COVID-19. Landlords cannot take immediate possession action, thereby affording tenants some protection […]
I spoke to an agent yesterday and informed him that my clients were going to delay ‘until we were over the worst’. My heart sank when he said ‘the worst of what’ – it was clear then that guidance for the property sector was needed… and fast. The government issued guidance yesterday evening for real […]
Having somewhere safe and secure to live and now to self isolate is a basic human need. It seems inevitable that the virus and the necessary central government responses to it will impact negatively on the economy and people’s income. This of course could impact upon people’s ability to pay rent and mortgages, potentially putting […]
Following the tragedy at Grenfell in 2017, Wednesday’s budget announced that a fund would be set up to remove dangerous cladding, of all forms, from high-rise buildings over 18 metres (six storeys). The Government had previously announced £400M for social housing tower blocks with aluminium composite material (ACM) in 2018 and £200M for the private […]
With coronavirus continuing to become a more pressing issue, many will now be attempting to escape contractual obligations or seeking compensation/repayment of monies paid. As such, it is especially important that individuals and businesses alike should now be carefully considering their contractual rights. A clause commonly found in contracts is “Force Majeure”, which can excuse […]