The Importance of a Financial Consent Order and Dealing with Divorce Finances

With the new no-fault divorce laws, it is now easier than ever for parties to divorce. Applications for divorce have hit their highest level for over a decade, and lots of separating couples are opting to deal with divorce themselves via the online HMCTS divorce portal. The risk in this is that separating couples may not be seeking the legal advice that they once would have done when commencing divorce proceedings was less accessible. This, coupled with the misconception that divorce also deals with financial matters, means that an increasing number of separating couples may not have adequately dealt with ending the financial claims that they have against each other by virtue of their marriage.

Financial claims remain ongoing until former spouses have put in place what is known as a ‘Consent   Order’, which records the financial settlement reached between parties. This is separate from a Decree Absolute or Final Order for divorce.

If there is no financial order in place, this means that your ex-spouse could have a claim on your finances and assets years down the line. This could include but is not limited to, any capital, salary, pension, property owned or even lottery winnings. Therefore, in most cases we would always recommend getting a financial consent order to prevent any future claims by your ex-partner.

Financial matters can be dealt with by way of Court proceedings; however, to attempt to keep matters amicable between parties, the first step is usually to attempt to reach a financial settlement on a voluntary basis without Court proceedings being initiated. The first option is for financial disclosure to be exchanged between parties on a voluntary basis. This consists of both parties getting together their full financial disclosure, so that they are both aware as to the full extent of the matrimonial finances. Either party can raise queries based on the disclosure that the other has provided in the hope that constructive negotiations can then take place to agree on a financial settlement, which would be recorded in a ‘Financial Consent Order’. Alternatively, parties can opt for mediation whereby disclosure is exchanged through a mediation service, and a third-party mediator will assist you both in reaching a financial settlement that is fair for both parties.

Unfortunately, some matters cannot be dealt with in a voluntary manner, and this is where either party may wish to issue financial Court proceedings. Similar to the voluntary process, parties are both required to file their full financial disclosure with each other and the Court in the hope that a settlement can be agreed between the parties in the Court arena. The majority of Court cases end by way of agreement and it is indeed the expectation of the Court that parties will have constructive negotiations to reach a settlement agreed by both parties, rather than being imposed by the Court.

The Court will always consider whether a clean break is possible for your situation, as there are some situations where it is not suitable. This is why it is important to seek legal advice before any proceedings take place to discuss your individual circumstances.

It is important to be aware that divorcing couples can achieve a clean break from each other; however, it is not applicable to any arrangements in relation to your children.  

If you would like to discuss any aspect of divorce finances or other related financial matters, or if you require any further information, please do not hesitate to contact our family department, who will be pleased to assist you. You can reach them by calling 01782652300.

The post The Importance of a Financial Consent Order and Dealing with Divorce Finances appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/the-importance-of-a-financial-consent-order-and-dealing-with-divorce-finances/
via IFTTT

Bereavement support payments now available for unmarried parents living together. The deadline is looming.

Losing a loved one is one of the hardest, most life-changing events that anyone can face. If that loved one was your partner and you were unmarried, then you were not previously entitled to any financial help from the state.

However, a case heard by the Supreme Court has changed this. Now, if you are a parent claiming child benefit, then you can put in a claim to the Government for Bereavement Support Payments, which are backdated to August 2018. The Martin Lewis programme aired in December 2023, highlighting the fact that many people are unaware that they can submit a claim and potentially receive a payment. However, swift action should be taken as the deadline for claims is 8^th February 2024.

To see if you are eligible, contact the bereavement payment claims online. The number can be found, alongside much more information, in this article from Martin Lewis himself. It costs nothing to make the claim, but you could potentially receive backdated payments that could be thousands of pounds.

It is always worth considering your situation as an unmarried couple, and here at Tinsdills we can help. If you feel you need advice, then please do not hesitate to contact us by calling 01782 983943.

The post Bereavement support payments now available for unmarried parents living together. The deadline is looming. appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/bereavement-support-payments-now-available-for-unmarried-parents-living-together-the-deadline-is-looming/
via IFTTT

Acting for landowners – battery storage leases

This post will cover the following aspects of battery storage leases:

1. What is battery storage?
2. What is required for battery storage?
3. Legal process
4. Option agreement
5. Lease
6. How we can help

What is battery storage?

Production of renewable energy such as solar and wind produced energy results in energy being produced intermittently and at differing levels, which can result in more energy than that which is required. Somewhere to store this energy is necessary so that it’s not lost. This storage can be achieved using battery storage developments.

What is required for battery storage?

An expanse of land, preferably near a grid connection. Landowners with suitable land may find themselves being contacted by developers interested in using their land for battery storage.

Legal Process

Developers will usually want to negotiate the use of the land via a commercial lease arrangement. However, prior to the completion of a lease, the developer will want to ensure that satisfactory planning permission can be obtained for its proposed use of the land. Therefore, they will often require the landowner to enter into an option agreement in respect of the land prior to completing a lease.

Option Agreement

This will provide the developer with various rights over and in respect of the land with a view to securing planning permission for the proposed use. These rights are likely to include the right for the developer to carry out site investigations etc. on the land. The option agreement will last for a fixed period, often extendable in certain circumstances when satisfactory planning permission has not been granted at the expiry of the initial option period.

As a landowner, legal advice should be sought to ensure that the option agreement grants only the necessary rights over the land, exercisable in the appropriate manner. It should also grant that the option period and any circumstances where it can be extended are correct and acceptable, and that the agreement contains adequate provisions for the reinstatement of the land. This is in the event the developer does not exercise the option and the lease is not completed.

It is often the case that the landowner is to receive a non-refundable option payment on completion

of the option agreement and care must be taken to make sure this is provided for in the option agreement.

Lease

If the option is exercised, the landowner will be granting a lease of their land to the developer. This is for the use of the land for a battery storage project.

The lease will often be a long-term lease (20+ years is not unusual) and it is critical that legal advice is sought to make sure that the agreed terms of the lease are correct and that the arrangement works for the landowner.

In addition to the usual lease considerations for the landowner, they must also consider rental income, rights to be granted to the tenant, and the ability for the tenant to transfer and underlet the lease or terminate the lease. Also, due to the nature of the use of the land, care must be taken to ensure the lease includes adequate decommissioning provisions for when the tenant vacates the land in the future.

Landowners should also be aware that if their land is mortgaged, their lender’s consent will be required to the terms of the option agreement and lease.

How we can help

We have experience acting on behalf of landowners in connection with the preparation, negotiation, and completion of option agreements and leases for these types of projects. We also have good working relationships with local land agents involved in negotiating the terms of the transaction.

The post Acting for landowners – battery storage leases appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/acting-for-landowners-battery-storage-leases/
via IFTTT

Law Society Guidance on the Impact of Climate Change on Solicitors

In a recent ground-breaking release, the Law Society, the professional body of Solicitors in England and Wales, issued their first guidance on the Impact of climate change on solicitors.

The guidance is in two parts:

1. The first part sets out how organisations can manage their businesses to assist with the transition to net zero carbon emissions.
2. The second part sets out in broad detail how solicitors should carefully consider their advice and their duties to their clients in relation to climate change, taking into account both physical and legal risks to the subject of their advice.

The Law Society openly recognises that this is a quickly evolving area of law. The way that business is conducted, and clients’ expectations regarding the advice given to them, will change in the years to come.

Detailed and sector-relevant advice will follow in due course, but for now the guidance is a powerful statement of intent in relation to solicitors’ practice.

Tinsdills consider this to be a very important part of the service that we provide for our clients. For that reason, we took the decision some time ago to offer residential property environmental searches, which include climate change information as part of our standard environmental search.

This is perhaps the first and most important step in the evolution of the advice that we give to our clients as well as our duties towards them.

We recognise that there’s a lot more work to do, and work we will. But we take the view that this update is not only important in terms of the advice we provide, but is also in the best interests of the whole community that we seek to serve.

Keep an eye out on our social media accounts & news page for further updates related to Environmental Law soon. There’s plenty more to come – let’s keep this crucial conversation going.

Andrew Burrows has a master’s degree in Environmental Law.

The post Law Society Guidance on the Impact of Climate Change on Solicitors appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/law-society-guidance-on-the-impact-of-climate-change-on-solicitors/
via IFTTT

A Winter’s Tale – Buying, Selling & Home Insurance

If you’re expecting a tale of Sprites and Goblins, you may be on the wrong website.
If, however, you would like to know more about your responsibilities and liabilities when buying and
selling properties during cold weather, we may be able to help.

There’s a lot to take on board when buying and selling a house, and whilst the legal aspects of the
transaction will be dealt with by us, it will be the parties themselves who should deal with insurance.
Most properties are bought and sold under the Law Society Standard Conditions of Sale (5th
edition) which is a set of rules that determine how the legal relationships between buyer and seller
are formed, and resolved in the case of a dispute.

These conditions can lead to some unintended consequences for the unwary.
It may help if we drill down into the terminology. Buying and selling is a 2 stage process.
At the end of the process is “completion” when the money and keys change hands; the seller must
have vacated the property, leaving it in a reasonable condition, and the buyer can take possession
and move in.

Prior to completion is “exchange of contracts”. This is when – as you would expect – contracts are
exchanged, the buyers deposit handed over and when the legal commitment to purchase the
property at the completion date noted on the contract comes into existence. The buyer has agreed
to buy, the seller has agreed to sell, but the property is still owned by the sellers until they receive
all of the sale monies.

You may think that even after exchange of contracts, as the seller still owns the property, and
probably still lives in it, the seller should still insure it.

You’d be wrong.

Back to the Law Society Standard Conditions of Sale. Unless you’re buying a new build property
from a developer, clause 5.1.1 states that the responsibility for insuring the property passes to the
buyer. The rationale behind this is as the buyer has contracted to buy the property, they should
insure it as they can’t pull out of the purchase.

If the buyer hasn’t insured the property, this can at best lead to delay and uncertainty; at worst it
can lead to disaster if the property is damaged after exchange of contracts. This is especially true
when a property is empty and is not being heated, which can lead to burst pipes and considerable
damage to the property.

It’s the sellers responsibility to tell the buyer about any damage, but it’s the buyers responsibility to
claim on insurance and to have the damage repaired.

The buyers can’t necessarily rely on the sellers insurance as after exchange of contracts this may
be for the benefit of the sellers only (if they haven’t already cancelled it).

If you’re buying:

1. Get an insurance quote at an early stage.
2. Familiarize yourself with the terms, conditions and exclusions of the policy.
3. Make sure that the insurance complies with any lenders requirements.
4. Liaise with your solicitor to put this insurance on risk immediately prior to exchange of
   contracts.
5. Thoroughly inspect the property prior to exchange of contracts to ensure that the property
   has not changed in any way since you last viewed it.

6. If you discover a problem, be guided by your insurers as to how to proceed.
7. If you’re moving straight in after completion, tell your insurers about this.

If you’re selling:

6. If you’re moving out of the property tell the insurance company.
7. Don’t cancel your insurance until completion (just in case the buyer has not insured).
8. Inspect the property at regular intervals and leave some heating on if you can afford to.
9. If there is a change to the condition of the property, either before or after exchange of
   contracts, tell your solicitors and the estate agents as quickly as you can.
   

Most of these tips are good practice if you’re moving at any time of year (or in any weather).

The post A Winter’s Tale – Buying, Selling & Home Insurance appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/a-winters-tale-buying-selling-home-insurance/
via IFTTT

Midlands Solicitor Claims Coveted Conveyancer of the Year Award

Leading Law Firm celebrates huge win at legal industry’s largest Conveyancing Awards ceremony. Residential Property Director, Andrew Burrows scooped the top prize last night, 24th November 2022, at the prestigious LEAP Modern Law Conveyancing Awards Ceremony as he was named “Conveyancer of the Year”.

Fighting off stiff competition from National Conveyancers, Andrew’s dedication and commitment to his clients, colleagues and Firm saw him named Conveyancer of the Year 2022.

Awards of this nature are no small task and require demonstrable evidence of exceptional client care, commitment to service delivery and improvement as well as a stringent eye for detail. Up against a tough shortlist of nominees, Andrew’s work was scrutinised by a diverse and formidable panel of judges from a range of professional service areas. The panel took into consideration Andrew’s exceptional case load noting that “84.9% is gained from professional and personal referrals, recommendations and repeat clients”. Plus, his commitment to both clients and staff “often going above and beyond, working unsociable hours all whilst finding time to support and train aspiring conveyancers”.

Having worked in Conveyancing for over 30 years, Andrew Burrows has a long track record of providing outstanding Conveyancing services to clients as one of the most experienced Conveyancers in the area.

Commenting on this deserved achievement, Legal Director, Andrew Burrows says, “It’s a great honour to win the conveyancer of the year award. It’s tribute to the excellent team with whom I work, the outstanding way that the practice is managed and how the department is run, and the huge slice of luck that I have had over the last 30 years, being able to stand on the shoulders of the giants of the practice who have gone before us. This is never a 9-5 job, and I wouldn’t have achieved this without the support, understanding and patience from my wife and boys. I would also like to congratulate every winner on the night and those who were commended and shortlisted. I have dedicated this award to all of my fellow conveyancers, wherever they are.”

Head of Residential Property, Kelly Myatt comments further on Andrew’s achievements, “I can’t think of anyone more deserving of recognition at this level than Andrew. At Tinsdills, we believe it’s all about people, and for Andrew, the client always comes first, even throughout the Pandemic he ensured his clients were up to date via telephone and email and continuously ensured the transaction maintained its progression regardless of the difficulty. What is most impressive, is that even with such an extensive workload, Andrew is always contactable above and beyond normal working hours and still has all the time in the world to offer advice, answer questions and even help train aspiring conveyancers throughout their career. He is what any good Conveyancer aspires to be, and we are incredibly proud and grateful to have him as part of our team.”

The celebrations continued throughout the evening as Tinsdills Solicitors were also named runners up for the Client Care Award and Midlands Conveyancing Firm of the Year, receiving commendations in both categories.

These commendations are testament to Tinsdills’ commitment to client care. The Firm offers substantial training and development opportunities for staff ensuring that clients receive the service they expect and deserve, delivered by trained experts in their field.

Managing Director, Rebecca Medcalf comments on the Firm’s recognitions, “Our teams are dedicated to ensuring clients receive the right advice, in the right way for them. These commendations reaffirm that the processes we have in place, and the support we provide for clients are of an award-winning level. As a firm, we are incredibly proud of our teams who have always been winners in our eyes. From initial enquiries handled by our dedicated Client Service Advisors, through to completion with our expert Conveyancing teams, our staff work tirelessly to help clients achieve their goals. Now their efforts have been nationally recognised, and we couldn’t be prouder of their achievements.”

The post Midlands Solicitor Claims Coveted Conveyancer of the Year Award appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/midlands-solicitor-claims-coveted-conveyancer-of-the-year-award/
via IFTTT

Application Deadline for the BPS Lump Sum Exit Scheme is Approaching

The application window for the Lump Sum Exit Scheme closes on 30 September 2022.

Last year, as part of the Agricultural Transition programme, Defra consulted on the administration of direct payments and a lump sum exit payment for farmers who may be looking to leave the industry. The intention behind the lump sum scheme is to make it easier for farmers who wish to retire or leave the industry to do so, thereby freeing up land for new entrants or existing farmers keen to expand their enterprises. The scheme is a one-off opportunity to receive a lump sum payment based on remaining Basic Payment Scheme (BPS) claims in return for leaving farming.

The key condition is that the recipient of the payment has to surrender all of their BPS entitlements and cease farming the associated land. Other than the ability to retain up to 5 hectares, all agricultural land needs to be given up by way of sale, gift or tenancies. If you farm under a tenancy, this will need to be surrendered or assigned to be eligible for the lump sum.

Lump sum payments will be made from November 2022 for those that have already exited by then. Otherwise, applicants will have until 31 May 2024 to submit and finalise their claim. Under the scheme, once a lump sum payment is made, you will no longer be eligible for BPS payments or delinked payments (which will begin in 2024) in England. If you are a farmer considering retirement and the future of your business, please get in touch with a member of our Agricultural and Rural team. We can advise on agricultural property and succession planning and will work with your accountant and land agent to ensure the best possible outcomes for you as an individual or partnership.

To find out more information, and how to apply for the BPS scheme visit: Apply for a lump sum payment to leave or retire from farming – GOV.UK (www.gov.uk)

As an Associate Solicitor, Kate Wilson is an experienced member of the agricultural and rural property team at Tinsdills. Kate specialises in all aspects of commercial and agricultural property work, from farm and land sales and purchases, to agricultural tenancies and licences, residential and commercial development to options and conditional agreements plus everything in between.

To find out how Kate and the team can assist you, get in touch today.

The post Application Deadline for the BPS Lump Sum Exit Scheme is Approaching appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/application-deadline-for-the-bps-lump-sum-exit-scheme-is-approaching/
via IFTTT

Karen Wilson Celebrates Resolution Accreditation

Tinsdills Solicitors are proud to announce that Senior Associate, Karen Wilson has successfully achieved re-accreditation by the Family Law Association, Resolution as a Specialist Member.

Karen has been an accredited member since 2010 and is required to undergo reassessment every 5 years in order to maintain the certification.

Founded in 1982, Resolution promotes a non-confrontational approach to family law issues in the knowledge that such approach will produce a better outcome for separating families and their children.

Karen Wilson is one of over 1200 recognised Specialist Resolution Members throughout the UK who are “recognised for having superior expertise in their given specialism of family law to provide the best support in resolving issues.”

This means that Karen is recognised as having demonstrated excellence in the field, with particular recognition of expertise in the areas of Private Children Law and Advanced Financial Provision.

Accreditation of this nature is no small task and requires demonstrable evidence through the form of a portfolio assignment as well as examination. Following this, Karen was also required to demonstrate detailed knowledge of the law and show skill and proficiency in her specialist areas.

Commenting on her accreditation, Karen said “as a family law solicitor with almost 30 years of experience I feel proud to continue to help clients out in a very difficult period of their lives drawing upon my specialist knowledge and professionalism. As an accredited specialist, clients’ can be reassured that my expertise is recognised not only by members of the public but also by fellow professionals.”

Managing Director, Peter Hamilton continues, “our Family team are dedicated to ensure clients receive the right advice, in the right way for them. Karen’s accreditation helps us to continue to support couples going through what can be the most difficult period of their life. By promoting cooperation between parties in a calm and reasonable environment, we can create the best chance to reach a constructive agreement amicably and efficiently between parties.”

Tinsdills Solicitors have a long track record of providing expert Family Law advice to clients, being one of the largest and most experienced firms in the area. Karen now joins colleague Helen Jackson as one of two Resolution members at Tinsdills Solicitors, and between them are able to provide expert advice in relation to Divorce and Separation, Children Matters, Financial Provisions and Collaborative Law Services. 

To find out more about our Family Law services, and how we can support you contact us on 01782 983943 or complete an online enquiry form.

The post Karen Wilson Celebrates Resolution Accreditation appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/karen-wilson-celebrates-resolution-accreditation/
via IFTTT

Wedding Law Reforms: from something old, to something new!

The Law Commission has recommended an overhaul of the current laws surrounding weddings in England and Wales. Following concerns around the effectiveness of the current rules governing weddings, the Government has requested the Law Commission perform a review of what has been described as an “out-of-date” system.

With an increasingly diverse society, it comes as no surprise that more and more regulations are falling short of modern needs, and these proposals will provide the much needed first step in offering a fairer and more consistent approach to wedding ceremonies.

Family Law Solicitor, Heather Arnold comments, “The reforms proposed by the Law Commission will provide couples with the freedom to hold a wedding ceremony at an increased range of locations, with a more personalised service, meaning ceremonies may be more individual or meaningful to couples. Notably, under the reforms, weddings would be guided by universal rules allowing couples greater scope to hold a ceremony which is not only respecting of their religious, or non-religious beliefs, but also without the need to choose from specific, limited venues.”

With access to a greater number of venues, the new reforms may also provide an opportunity for couples to save money without losing out on quality of service or atmosphere. Currently the demand for wedding ceremonies is at an all time high, with many couples who missed out on their original ceremony during the pandemic, taking priority on current bookings.

Heather continues, “There is presently a backlog of weddings due to Covid 19 and the reforms may enable couples to marry without delay and potentially, at a lower cost. In 2021, the average cost of a wedding was reported at £17,300. Ultimately, this will create a fairer system for couples and Tinsdills welcome proposals to allow couples to marry wherever and however they choose.”

You can read the Law Commission’s findings here: https://www.lawcom.gov.uk/centuries-old-weddings-laws-to-be-overhauled-under-new-reforms/

Tinsdills Solicitors provides a full range of family law services, from pre and post nuptial agreements, to change of name deeds. If you require Family Law advice, please contact us and our expert teams will be able to provide the advice and guidance you need. 

The post Wedding Law Reforms: from something old, to something new! appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/wedding-law-reforms-from-something-old-to-something-new/
via IFTTT

Forfeiture Clauses – what are they and how do they work?

A forfeiture clause is a common clause in a commercial property lease and allows the Landlord to terminate the lease prematurely where the tenant is in breach of their obligations.

The terms of a commercial lease can be breached in many ways, such as a Tenant’s failure to pay rent; a change of use without permission; failing to repair the Property in accordance with the Lease; allowing a third party to occupy and many more.

In most cases the breaches can be remedied quite easily, and the Landlord may allow the Tenant time to remedy the breach without taking further action, waiving his right to forfeit by allowing the breach to continue, or acting in a way that allows the breach to continue.

However, some breaches would give the Landlord real cause for concern about the Tenant’s ability to fulfil their obligations under the Lease for the full contractual term, and so most commercial leases will contain a forfeiture clause which will allow the Landlord to forfeit the lease if the tenant breaks certain conditions.

The most common reason for terminating a lease prematurely is non-payment of rent, the tenant has been made bankrupt, goes into liquidation or there is an insolvency arrangement such as administration or bankruptcy, or the Tenant has breached any other term of the Lease. Most modern leases should include a forfeiture clause setting out specifically that these are the reasons for forfeiture.

Procedure

If a right to forfeit arises, depending on the reason for the forfeiture, a Landlord must follow a statutory notice procedure before terminating the lease. In most cases a s.146(1) notice must be served upon the tenant which allows them time to rectify the breach, by setting out in the notice what the breach is, and if there is a possible remedy for that breach including a request to do so. However, the exception to this is non-payment of rent. Failure to remedy this breach by the tenant within a reasonable amount of time or a set time stated in the Lease, the Landlord is then within their right to exercise its rights to forfeit.

Landlords Waiver

When a right to forfeit has been made clear, it is imperative that the Landlord does not do anything that could waive that right. Waivers may occur if the Landlord knows of the tenant’s breach, does something that suggests that the lease continues to exist (for example, accepts or demands rent) and communicates that to the tenant.

Types of Forfeiture

There are two approaches open to commercial Landlords when a right to forfeit arises – peaceable re-entry or Court proceedings. 

Peaceable entry

This is where (subject to statutory limitations on the Landlord’s right to forfeit) the Landlord physically re-enters the property and changes the locks themselves (or by a third party such as bailiffs) or prevents the tenant entering and attaching notices of forfeiture.

Court proceedings

Forfeiture by court proceedings is where the Landlord issues proceedings for the forfeiture of the lease and the lease terminates upon the proceedings being served. However, the forfeiture will not be deemed effective for some time – during the period of the proceedings being served and the court confirming whether the forfeiture was effective, the Landlord is considered to have ended the lease and during this period cannot seek to enforce or rely on the Tenant’s covenants within the Lease.

Relief from Forfeiture

Upon the Landlord forfeiting the lease, a tenant (or a third party with an interest in the lease such as mortgagee) can apply for relief of forfeiture from the Court. The Court’s approach to granting relief depends on the type of breach and, the seriousness of the breach, the conduct of each party, whether the breach can be easily remedied and that is balanced against any loss suffered by the Landlord as against the potential loss by the Tenant if the relief was not granted. The lease will be reinstated if the Tenants application for relief is granted.  

Effect of Forfeiture

Once it has been ascertained that forfeiture has been “effected”, neither the Landlord nor the Tenant has any continuing liabilities under the lease but they do remain liable for any breaches that occurred prior to the forfeiture. The tenancy will immediately end and the Landlord is entitled to possession.

The post Forfeiture Clauses – what are they and how do they work? appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/forfeiture-clauses-what-are-they-and-how-do-they-work/
via IFTTT

Residential Landlords – Did you know the rules on EPC’s are changing?

As a Landlord, there are certain requirements regarding a Property’s Energy Performance certificate (EPC), which must be adhered to before a Property can be let.

In 2018 the government introduced a minimum energy rating of “E” or above for all new tenancies granted from 1^st April 2018.

Changes to the Minimum Energy Efficiently Standards were announced in 2021 which will affect Landlords from 2025 and this rule now applies to all tenancies, not just new tenancies or renewals. As a Landlord, if your Property does not have a valid EPC rating of E or above it cannot be legally let.

After a government consultation in December 2020, changes were announced and it was proposed that by 2025 all rental properties will need an EPC rating of “C” or above. These new regulations will firstly be introduced to new tenancies, followed by a requirement that all tenancies should meet this criteria from 2028.

The purpose of the new regulations is to make homes more energy efficient and reduce carbon emissions as part of the target to be net-zero by 2050.

Landlords should also be aware that the penalty for not having a valid EPC will also be raised from £5000.00 to £30,000.00 from 2025.

If you have any questions regarding the proposed changes please contact one of the Commercial Property Team on 01782 652300.

The post Residential Landlords – Did you know the rules on EPC’s are changing? appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/residential-landlords-did-you-know-the-rules-on-epcs-are-changing/
via IFTTT

If you pay ground rent to Estate & Management Ltd, you should read this!

There can be many issues with the legal aspects of leasehold properties, and one recent proposal will go some way to resolving problems caused by “doubling ground rents”.

Doubling ground rent is where a ground rent payable under a lease, doubles over a relatively short period of time, usually every 10 or 15 years. Over a long lease this can mean that a very large amount of ground rent will become payable.

Leases of with this type of clause in them are essentially unsellable and/or un-mortgageable. Usually the leases have to be varied to amend these clauses through a deed of variation, which can be costly and can take some time.

Estates and Management Limited (E&M) are managing agents for a large number of freehold investment companies, and collect and administer ground rent on their behalf.

Recently, E&M have written to the leaseholders of leases where the ground rent doubles more frequently than every 20 years offering to enter into a deed of variation on a voluntary basis, and to pay the legal costs of leaseholders.

This resolves this problem with the leases, free of charge to the leaseholders, at a time more suitable and less stressful than when you are trying to sell or mortgage the property.

If you receive a letter from E&M or similar management companies, please contact Tinsdills for advice on 01782 956123 or complete our contact form.

The post If you pay ground rent to Estate & Management Ltd, you should read this! appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/if-you-pay-ground-rent-to-estate-management-ltd/
via IFTTT

Top Tips for a Swift Property Sale Process

Buying and selling houses is stressful.

The rules and procedures when buying and selling houses are complicated and can often become a minefield for clients. Sometimes the professionals involved forget that the back story to the transaction is you making one of the biggest decisions and financial commitments of your life.

Over the years, many attempted solutions to ease the process – like “Home Information Packs” for example – have been put in place, with varying degrees of success.

Whether we like it or not, Covid has changed the market and the way that the service is delivered forever. The lack of housing stock combined with high demand and the momentum still retained from the lifting of lockdown restrictions means that matters can move very quickly in the first instance.

In order to ensure the process of selling your property is as swift as possible, here are some top tips to keep in mind:

• Where are the deeds? The Land Registry says that 87% of the land mass of England and Wales has a registered title. That means that 13% doesn’t have an electronic record of ownership and so needs old paper deeds to prove ownership. If a house has changed hands since 2003, the title to the property will be registered at the Land Registry and it is very easy for the solicitor to check this. In most cases title registration commenced with purchase transactions in the late 1980s.

• If the title isn’t registered, and you need to produce the deeds, establish where they are. They could be with a bank or building society, as security for a mortgage or just for safe keeping, or with a firm of solicitors, perhaps even with your Wills. Locate these deeds and ask your solicitor to look at these to make sure that they are complete, include all of the land that you are selling, and that you won’t have a problem when you come to sell.

• You don’t need to have a registered title to sell a property and it shouldn’t take any longer because of this. You don’t need to register your title before you sell.  You do, however, need to have some evidence of title and occasionally deeds are lost or destroyed. If you can’t find the deeds, speak to your solicitor regarding the restructure of the title at the Land Registry. This can take some time, even if the application to restructure is expedited by the Registry, and so you need to move quickly on this if you intend to sell.

• If the title is registered, it may be subject to a restriction. This is a requirement that must be complied with before the purchase can be registered at the Land Registry. Typical restrictions involve a management company on a development where there are common areas to be maintained, and so if you pay any annual payment, there may well be a restriction on the title. Speak to your solicitor to see if there is any action to take at this stage regarding information that will be requested by your buyers’ solicitors regarding this during the course of the sale.

• If you’re selling an apartment or leasehold house, ask the solicitor to look at the lease to ensure that its terms will be acceptable to any potential buyers. The law is in a state of change in this area and leases which were acceptable a few years ago may be problematic now. If any potential issues are resolved at an early stage, a prompt and cost-effective resolution may be achieved in anticipation of this being raised by the buyers. Also provide the solicitor with information regarding the present ground rent and service charge to see if any action should be taken with this information at an early stage.

• If you’ve had works carried out at the property, please ensure that you can locate the relevant certificates for these works. This isn’t just planning permission, listed building consent and building regulations consent, but certification regarding replacement windows, gas installations, electrical work and multifuel appliances, like log burners. Make sure that you have all relevant guarantees to hand, and if you have solar panels that you have contacted the energy company to ask what their requirements are on a sale. If you can’t find this, ask your solicitor what action you should consider taking. If you have any form of indemnity policy speak with your solicitor to ensure that you are not intending to take any steps which would invalidate that policy.

• If the property is less than 10 years old, ensure that you have the relevant structural guarantee documentation available, such as the NHBC guarantee and the local authority consents and supporting documentation for the construction of the property.

• Finally, check with the solicitor how the move will affect your Will and if your Will needs to be updated in any event.

In short, if you are thinking about moving house, speak to your solicitor at an early stage, to see what action they recommend so that you stay “ahead of the curve”, and head off any delays that could arise, whilst time is on your side.

We recognise that getting you where you need to be is a team effort between you and us.

The post Top Tips for a Swift Property Sale Process appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/top-tips-for-a-swift-property-sale-process/
via IFTTT

Solar Panels and “Rent a Roof”

According to government information, nearly 1,000,000 properties have solar panels and, with the cost-of-living crisis and international events leading to a future reliance on renewable or green energy, the numbers are set to increase rapidly.

There are 2 ways that you can have the benefit of solar panels and the energy payments that they generate.

The first way is to buy the panels outright, sometimes with an extension on your mortgage. You need to check that your household insurance allows this, that your lender agrees to it and that the relevant building regulations documents, and where applicable planning permission, is obtained. You should also take early professional advice from a surveyor to ensure that the structural integrity of the property is not affected by the installation of the panels.

If you own the panels, and you are considering selling your property, you should contact the Feed In Tariff provider, which for newer systems is known as the Smart Export Guarantee, to ascertain what their requirements are to transfer the benefit of the panels to your buyer. Your deeds won’t mention the panels and they will be included in the sale of the property.

However, if you don’t own the panels, but lease them under a “rent a roof” scheme, there may be more complications on a sale, and it may be advisable to take legal advice to ensure that the legal position of the panels is as it should be. Under schemes such as these, the homeowner gets the free electricity generated by the panels but doesn’t get the benefit of the Feed in Tarif, which is paid to the owner of the panels.

Rent a roof schemes are not as popular as they used to be, because the reduction of Feed in Tariff payments in 2019 made them less attractive as an investment; however, new schemes such as Solar Buy Back or Solar Equity Release may mean that arrangements like this make a comeback.

The point being that as the leases for said schemes were usually for 25 years, there are lots of properties that still have this arrangement.

The length of the lease creates the first potential issue, because leases of this duration must be registered at the land registry so that they are noted on your deeds. We have encountered several instances where this has not taken place, which means that before a sale can proceed, the lease has to be registered at the land registry. This isn’t particularly difficult or time consuming, and the advantage of the land registry’s expediting procedure can be used, but it is one more thing to add to the stress of moving house that could be avoided by taking early legal advice.

Similarly, not all leases are the same, and some of the earlier leases may not be compliant with your buyers building society requirements. This is resolved by a deed of variation on the lease, which is time consuming and, in some cases, expensive. Again, taking early legal advice could avoid this issue.

Finally, even though the panels are rented, you still need to find out what the owner’s requirements are, and any fees that may be payable on the sale of the property.

At Tinsdills we have property experts who can help with all these matters and can provide you with practical advice to help, promptly, if any issues like this are encountered.

The post Solar Panels and “Rent a Roof” appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/solar-panels-and-rent-a-roof/
via IFTTT

No Fault Divorce – New Divorce Law Changes

The UK is set to witness the biggest change to divorce law in a generation. From the 6^th April 2022, for the first time, “no fault divorce” will not only be available to all, but there will also be no alternative to “no fault divorce” allowing couples to file for divorce jointly and amicably.   

The existing law on divorce dates back to 1973 which set out 5 reasons for divorce with “unreasonable behaviour” or “adultery” becoming the most common cited. So much so in fact, that it is now arguably part of our culture, but for many couples, seeking a divorce on equal terms under the current law can be difficult, and often causes conflict.

For years, organisations such as Resolution have recognised this is issue and have been actively advocating for no fault divorce to be implemented, and at last it is finally here. 

Many believe that by removing the necessity to attribute responsibility for the breakdown of a relationship will help to minimise conflict between parties.  Perhaps it will to a degree, although by large, the change to divorce law will not affect the great potential for conflict to arise over arrangements for children, property and money. 

The new divorce process will take at least 6 months to complete, with a minimum period of 20 weeks between the start of proceedings and the application for a Conditional Order.  Since the introduction of on-line divorce in recent years, it had been possible to finalise old style divorces in a much quicker time period and for some, this longer process will cause further discord.

Under the old procedure, notice of the issue of divorce proceedings is given to the Respondent by the Court as soon as proceedings are issued. However, under the new system, the Respondent will not necessarily be notified of the divorce straight away which might also lead to growing frustration. 

As with the old-style divorce, all new applications will be made through an electronic portal. However, for fault-based divorces, this facility closes at 4pm on the 31^st March 2022 and the new divorce process will open on 6^th April 2022. 

Therefore, for those needing urgent relief such as certain emergency Financial Orders, we would advise seeking legal advice at your earliest convenience, as it will still be possible to file a paper application between 1^st and 5^th April 2022. 

For advice on divorce and separation, financial issues and children’s arrangements, Tinsdills team of expert solicitors are on hand and can offer a variety of support and guidance to suit your needs.  

The post No Fault Divorce – New Divorce Law Changes appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/no-fault-divorce-new-divorce-law-changes/
via IFTTT

Cyber Essentials Accreditation

Tinsdills Solicitors’ have once again successfully achieved their Cyber Essentials Accreditation for the fifth consecutive year. The firm recently put their IT Systems through a gruelling testing process to ensure the highest levels of cyber security are maintained.

Tinsdills are proud advocates of the importance of not only investing in the latest technology to improve the client experience and staffing productivity, but also investing in the upmost protection and training to identify potential cyber-attacks, online scams, and any other online threats.

Jaki Cooke, Head of IT says, ‘Our systems have been rigorously tested to ensure that we meet the highest standard not only on paper but also in practise’

‘Cyber security is one of the biggest risk factors facing not only our business but also the clients that we act for on a daily basis. Achieving this accreditation can only enhance their confidence in our abilities to continuously protect their confidential matters.’

The Cyber Essentials Scheme is a government backed scheme that certifies businesses who have taken the necessary steps to protect themselves against cyber security breaches. The assessment process requires organisations to demonstrate their active measures of protection through the use of “simulated cyber-attacks” and completing an in-depth questionnaire scrutinising its computing resources and security controls.

The post Cyber Essentials Accreditation appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/cyber-essentials-accreditation/
via IFTTT

Important Changes to the Highway Code Coming into Force

Did you know that important changes to the Highway Code come into force on 29^th January 2022. 

Last year the Government ran a consultation on proposed changes to the Highway Code and following that process, 8 new rules will be introduced along with 49 updates to the existing rules. 

The purpose of the changes is to give protection to the most vulnerable road users.  A hierarchy of road users will be created that ensures that those who can do the greatest harm have the greatest responsibility on the road to reduce the danger that they pose to others.  However, everyone still has a responsibility to be considerate of all road users.

This hierarchy will have pedestrians, especially vulnerable pedestrians such as the elderly and children, at the top of the pyramid as they will be classed as those who can cause the least harm.

Cyclists, horse riders, motorcyclists and cars will then follow with vans, HGV’s and buses at the bottom of the list, as they have the potential to cause most harm.

Amongst the changes, drivers will be told to give priority to pedestrians and cyclists and told to stop for people crossing the road, even if they are not at a pelican or zebra crossing. 

Cyclists will be given priority at junctions when travelling straight ahead and are being told, where appropriate, to ride in the centre lane to make themselves as clearly visible as possible on quiet roads or streets, but to move to the left to enable a faster vehicle to overtake them if they come up behind them.

As a firm, we welcome these changes.  Anything that can hopefully reduce the number of accidents, especially those involving vulnerable road users, has to be worth pursuing.

At Tinsdills we have seen the devastating impact of accidents involving vulnerable road users and, as a result of these changes, we will hopefully start to see less of them.

More information regarding the changes to the Highway Code can be found here: The Highway Code

The post Important Changes to the Highway Code Coming into Force appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/important-changes-to-the-highway-code-coming-into-force/
via IFTTT

People are the focus of expansion and evolution at Tinsdills

Leading full-service local law firm Tinsdills Solicitors add power to the team, with the introduction of four new Solicitors, three Legal Assistants, two Secretaries and a Client Services Advisor. With branches in Hanley, Newcastle-under-Lyme, Leek and Sandbach, the new additions mean that each branch has sector-specific solicitors and strong support in situ, to provide undivided attention across their full breadth of legal services.

A customer-centric local approach is the hallmark of this long-established law firm. This exciting growth will provide Clients with continuity of contact, in the full knowledge that they have entrusted their legal matters to a solicitor specifically experienced in their field.

The expanding workforce now includes two new appointments to the Hanley office of Grace Webster, a Wills Trust and Probate Solicitor and Michelle Hansell a Residential Property Solicitor, both bringing a wealth of knowledge and fresh perspective to the business.

Likewise, the Sandbach office has also gained two new residents, Helen Jaidy, an experienced Residential Conveyancer and Laura Hartley a Senior Solicitor specialising in Wills, Trusts and Probate who has recently relocated to the area. With incredible track records the pair bring leading expertise and innovation to their respective departments.

“Emerging from the pandemic has led to increased instructions across all departments” comments Managing Director, Peter Hamilton. “This upturn in demand has not only resulted in the expansion of our teams, but also a shift in the way we organise our solicitors and support staff at every location. Our business is built around people, and we are responding to the needs of both our clients and our colleagues. We have adapted our people policies to introduce a more flexible way of working. Tinsdills is a long-established firm, however it is incredibly important that the firm evolves its structure and ways of working to stay current, relevant and people centric.”

Alongside the team expansion, the firm has introduced a hybrid working policy which provides certain roles within the business, the option to work up to 40% of their hours from home. Thanks to improved technologies, efficiency and ongoing client support, the firm has been able to implement a more permanent policy that supports better work life balance, whilst ensuring that staff are available for client facing meetings and project collaboration during core working hours. The new approach recognises the positive impact that human interaction and time management empowerment has on team morale, mental health and overall wellbeing. It also acknowledges the success that distanced home working had on work efficiency and lifestyle during lockdowns.

Newly appointed Residential Conveyancer, Helen Jaidy concurred, “Tinsdills may be a leading law firm, but you are treated as an individual rather than a number. My first interview was with two senior female members of staff, and it was so refreshing having an interview where we openly discussed the pressures of being a working parent and having a career. I left the interview wanting to be part of this firm.”

When asked about the future at Tinsdills, new addition Grace Webster, Solicitor within the Wills, Trusts and Probate Department, concluded, “The future is exciting and holds great prospects for all the team, given the commitment to an adaptable, flexible workplace. We are always keen to embrace fresh ideas and invariably hold our clients at the core of all that we do.”

The post People are the focus of expansion and evolution at Tinsdills appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/people-are-the-focus-of-expansion-and-evolution-at-tinsdills/
via IFTTT

When does a residential transaction become commercial?

Kelly Myatt, Director and solicitor specialising in residential, commercial and agricultural transactions is often asked to deal with “in-between” jobs. 

These types of jobs on first appearance seem residential in nature, however, hidden in the depths of the detail can often be commercial elements.

An example would be the purchase of a residential property situated on a large plot of land. The plot of land and arguably the existing dwelling has potential for development.  What first appeared to be a straightforward purchase of a residential property now has a fresh direction. Dealing with a property of this nature, we would request, review and report on replies to both residential and commercial standard enquiries. Due diligence would be carried out, not only on the existing dwelling, but also on the potential development of the plot, including whether any planning permissions have been secured, and if so, of what nature and to what extent. We would also review and assess to what extent any planning permissions have been implemented or commenced by the current owners. Furthermore, search results would also be considered carefully to ensure there is no adverse impact on any future development and/or plot sale.

Thinking ahead, once purchased and if developed or additional dwellings are built on the land, we could have a site to “set up” which would turn into plot sales of the individual dwellings. Having first-hand knowledge of the site in this instance is incredibly beneficial and can save time and expense.

A further example of a “hybrid job” could be the purchase of an HMO (Home in Multiple Occupation). A property used by the occupants as a home but owned by the registered proprietors as a commercial investment. The purchase of an existing or potential HMO has both residential and commercial elements to be carefully considered including planning requirements, health & safety, and fire risk requirements. Again, due diligence would be carried out on both the residential and commercial elements of the property and a full and comprehensive report prepared so that the buyer has the full picture before committing to purchase.

Aside from the legalities of the transaction itself, is the Stamp Duty Land Tax (SDLT) position. Whilst we are not tax experts we do submit and file returns on behalf of our clients and therefore have a basic understanding of the difference between residential and commercial transactions for SDLT purposes. The devil is in the detail. There is a lot of guidance available from HM Revenue and Customs to assist in ascertaining whether residential rates of SDLT or commercial rates of SDLT apply to the transaction. In some circumstances, we will advise that you take specialist SDLT advice if we consider it appropriate to the type of transaction.

In short, it is often difficult to decipher what type of transaction a job will be until you are into the detail of it. Kelly’s background in both residential and commercial transactions can bring unique experience and perspective to the job which could save time and cost. Feel free to contact Kelly on 01782 652323 for further detail.

The post When does a residential transaction become commercial? appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/when-does-a-residential-transaction-become-commercial/
via IFTTT

Tinsdills rethinking recycling and valuing community

Leading local law firm Tinsdills Solicitors have once again demonstrated their support to the local community by donating hundreds of superfluous IT equipment to local charity, Community Recycling Consortium – Community Interest Company (CRCCIC). Not only preventing waste heading to landfill, but giving opportunity for employment, training and proceeds to people with mental health issues or physical disabilities in Staffordshire. 

Earlier this year, much of the company’s IT equipment was upgraded to accommodate new technology driven working practises, making 94 Windows base unit terminals, keyboards, 18 computer screens plus peripherals and associated cables, surplus to requirement. Keen that their ‘waste’ didn’t go to waste, Tinsdills’ IT Services Officer, Nik Lawton put his mind to finding a value-added recycling solution.

All the redundant IT equipment was donated to local charity CRCCIC, who recycles and refurbishes IT equipment to fund training and employment for people with mental health issues or physical disabilities. Based in Fenton, Stoke-on-Trent the charity collected the equipment, took it apart to recycle and sold components such as motherboards, memory, power units, ram and metals. They also provided fully GDPR compliant certification of the proper destruction of the Hard Drives. 

All revenue is reinvested to the Community Interest Company which provides opportunities, confidence, training and employment for those most vulnerable in society. 

IT Services Officer, Nik Lawton comments, “Knowing that we needed to be conscious of minimising our impact on the planet when parting with our spare equipment, we started to evaluate IT recycling options. CRCCIC stood out and we were very impressed with their community ethos. The equipment was recycled free of charge, in a secure, legal, environmentally friendly and ethical way. Not only did CRCCIC provide a great IT recycling service, they provided us with added feel-good factor, knowing we were supporting such a great initiative in our local community. We would strongly urge others to donate their redundant IT equipment and put it to good use, we know the CRCCIC will certainly value the contribution.”

CRCCIC coordinator, Steve added, “We have supported 91 local people with various mental health issues with work experience and apprenticeships, over the last 7 years. 81 of these have moved to adult education or sustainable employment. To provide sufficient materials for our staff to work, we require around 1500 computers monthly, so we are grateful to Tinsdills and companies like them, for their ongoing donations and support.”

The post Tinsdills rethinking recycling and valuing community appeared first on Tinsdills Solicitors.

from Tinsdills Solicitors https://tinsdills.co.uk/tinsdills-rethinking-recycling-and-valuing-community/
via IFTTT