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For many landlords, having a long-term tenant who is a reliable and regular source of rental income is a dream scenario. But where that tenant enjoys protection under the Rent Act 1977, the scenario can turn ugly.
While going back to school is a time of mixed emotions for parents and children alike, for separated parents, there can be an added layer of anxiety about how they will deal with the arrangements for their children in the year ahead. This concern is commonly deepened by a lack of understanding of how parental responsibility should be exercised in decisions regarding a child’s education.
One of the more common mistakes is failing to comply with the tenancy deposit protection requirements fully. Many landlords will comply in part, by protecting the deposit, but then will not deal with the further requirement, namely serving on the tenant the details about the deposit protection; those details are called ‘the Prescribed Information’. Failing to serve the Prescribed Information can mean that a landlord will struggle to rely upon a Section 21 Notice.
School holidays are a huge source of excitement for children but can be a time of worry for parents who have separated and particularly parents who both work. Navigating childcare, trying to fit in a holiday, working and co-parenting to the best of each of the parent’s abilities can be difficult at times. I therefore thought it may be timely to share with you my top tips for how to make summer holidays as good for parents as they are a source of fun and excitement for children.
Have you got your legal affairs in order prior to your summer holiday? Here are a few legal checks you may wish to consider before embarking on your next trip.
The recent case of Sainsbury's Supermarkets Ltd v Medley Assets Ltd [2024] demonstrates how, with careful consideration and timely tactics, a commercial tenant can defeat their landlord’s opposition to the grant of a new tenancy under section 30(1)(f) of the Landlord and Tenant 1954 Act (“Ground (f)”).
The Sainsburys case considers the definition of a “holding” in the context of opposed lease renewals and a tenant’s ability to continue to occupy the premises in question whilst the landlord carries out its redevelopment works.
For Private Client legal practitioners working in the digital era, the fashion for “do it yourself” probates online have created a new problem area for us to advise on: unadministered Will trusts.
What is meant by ‘adverse possession’?
Adverse possession is a legal principle by which a person who is not the legal owner of a piece of land can acquire ownership from the legal owner by using the land without the owner’s permission for a specific period of time.
Many residential landlords will be familiar with the requirement to consult with tenants before major works are carried out. The landlord's right to seek dispensation from the Tribunal where it has failed to consult is perhaps less well understood. In a recent Upper Tribunal appeal, Hughes Paddison successfully challenged the First Tier Tribunal’s interpretation of the law. Joe Ferris provides a summary of the appeal and the key principles for landlords to keep in mind when considering an application for dispensation.
The OPG registered a record 1,073,032 LPAs in 2022-2023. Concerns over the paper-based system led to reforms, culminating in the Powers of Attorney Act 2023 for a safer and simpler process.
Crypto's rise impacts divorces, as couples may own crypto assets. Despite complexities, disclosure is essential like any asset. Documentation aids clarity.
Discover Danielle's journey of fulfilling her lifelong ambition to work in the legal profession and her experience of working and learning with Hughes Paddison.
Demystifying Pension Splitting: A Guide to Pension Sharing for Divorcing Couples
Join Maddie, legal trainee at Hughes Paddison, as she shares insights into legal training. Discover a supportive culture and transformative experience!
Only a third of the 100,000 couples who get divorced in England and Wales each year use the legal system to reach a financial settlement: the remaining two thirds negotiate their own arrangements or reach no settlement at all.
Given it is mediation week this week, we wanted to take this opportunity to raise awareness for our readers/clients. We have qualified family mediators at Hughes Paddison, Jennifer Allen and Jane Brothwood who can both offer mediation services to separating couples.
Embarking on a legal career often involves navigating through various roles, each contributing to a unique tapestry of experience. James not only shares insights into his pre-training experience but also paints a vivid picture of life as a trainee at our renowned Cheltenham Law firm. Join us as we explore the pivotal moments that shaped his journey so far and the distinctive culture that sets Hughes Paddison apart.
Jo Lingard shares insights into her training highlights, the Hughes Paddison work environment, and invaluable tips for aspiring trainees.
Hear Jennifer Allen's Inspiring Journey from humble beginnings starting as a Trainee to building on her knowledge and experience over the years to eventually becoming an Equity Partner in April 2023.
As the countdown to Christmas continues, most of us will be thinking about the big day and the presents we would like to give to our loved ones.
What many of us are unlikely to be thinking about are the possible inheritance tax (‘IHT’) consequences that could result from our generosity. Our Private Client team shares their expertise on this subject.
Considering a Vendor Funded Management Buyout? Jonathan Rathbone, Corporate and Commercial Director at Hughes Paddison, explains the pros and cons to this useful business exit strategy.
We’re delighted to share one of our current trainees, Roanna Cooling’s inspiring story. Roanna's journey is a testament to the supportive environment we cultivate at Hughes Paddison. With her invaluable previous experience, she has seamlessly transitioned into her Legal Training Contract, laying strong foundations for a promising career.
There are certain situations when you will need to apply for Planning Permission prior to the construction of the conservatory and / or obtain Building Regulations Approval before work commences and final ‘sign-off’ once it has been completed.
SFE is a national organisation of specialist lawyers whose 1600+ members’ aim is to support vulnerable and older people make the right decisions.
SFE was set up in the 1990s by a group of lawyers keen to promote and develop the needs of an ageing population.
A right of way is, in its simplest form, a right to pass from point A to point B, and back again.
It is a right that one landowner has over the land of another owner. The right is often (but not always) granted by a deed, typically a conveyance.
The grant should refer to a plan and will contain words such as: “A right of way is granted for the benefit of Mr and Mrs Neighbour’s property along the access lane shown shaded in blue on the attached plan.”
So far, so good. That all sounds pretty straightforward.
But disputes over rights of way arise all the time. Often, the dispute is not about whether a right of way exists or not but whether the right of way is actually being used in the correct manner.
Depending on your immigration status within the UK, a divorce, dissolution or in some cases simply the breakdown of a relationship can affect your immigration status. The impact and outcome will ultimately depend on a number of varying factors and need to be considered case by case.
Are you buying a property with a domestic oil storage tank, or maybe you already own a property fitted with one and are thinking about selling? If so, this article provides important information.
Essentially an oil storage tank is a container used to hold oil before it is used, for a domestic property the oil is generally used for heating the property.
It’s important to know and understand the type of tank and the pipework arrangement. Based on the location of tank and its use, it can be classified as a surface, above or underground tank. The materials used will depend on the intended use, the environment, safety, location, and other legal requirements.
Since 1st April 2018 Commercial Landlords have only been permitted to grant a new tenancy or extend or renew an existing tenancy if the property had a minimum Energy Performance Certificate (EPC) of an E rating, unless a valid exemption is registered.
Barbie is now more present in our lives than ever before and she’s got everybody talking… even lawyers!
The financial consequences of a marriage breakdown, alone, can be very difficult for people to navigate. However, with the current cost of living crisis, rising mortgage interest rates and the impact of the COVID pandemic still being felt by many, spiralling debts and personal insolvency is undoubtedly on the rise.
On Thursday, 29th June 2023 a Bill ensuring victims of domestic abuse can receive child maintenance without requiring contact from their former partner/abuser, has received Royal assent.
The dispute between Aretha Franklin’s sons over their late mothers Will provides a cautionary reminder for those contemplating making a homemade Will. Since their mother’s passing in 2018, Aretha Franklin’s sons have accumulated an...
As we continue to live longer many people consider downsizing as their family homes no longer fit their needs. For example the family home is too big to maintain, or it does not suit their physical needs. When looking to downsize many now consider buying a retirement property.
The majority of retirement properties are leasehold. Often purchasing a retirement property will be the first time a person has owned a leasehold property and therefore they need to be aware of what this entails
Being mindful and considerate of your neighbours is all very well, but what if that approach is not reciprocated and your use and enjoyment of your property is compromised by the same neighbours that you have worked hard to get along with?
Parental Alienation is often cited as a reason why a parent isn't having contact with their child(ren) or hasn't seen their child(ren) in some time. This becomes a very distressing situation for parents who feel they are being alienated fro
A recent study from Solicitors for the Elderly (SFE) has revealed that 70% of parents in the UK have no legal guardian appointed for their children in the event of their deaths.
In our experience, a dispute between shareholders is far more difficult to manage if the shareholders' agreement does not properly deal with what happens when a business partner's employment terminates or changes.
Upgrading a manually-operated gate to a more sophisticated, key-coded or fob-operated electronic gate might sound sensible, or practical, or aesthetically delightful, or all of those. But electronic gates are becoming an increasingly common trigger for litigation.
If there is one message to extract from this blog, it is this: do not erect an electronic gate across land that is subject to a right of way without first taking legal advice. Fail to do so and you are highly likely to be on the backfoot before you know it and fighting your way out of a tight spot.
Major Changes to Divorce Law On 6 th April 2022, the Divorce, Dissolution and Separation Act 2020 reforms came into force. The new legislation made three major changes to the divorce process and how separating couples could apply for divorce: ...
Since the aftermath of the Grenfell Tower fire in 2017, the issue of unsafe cladding on the external walls of buildings was pushed to the forefront and the Government has put in place new changes to Building Regulations to prevent the use of unsafe cladding....
The Government has announced plans to introduce new regulations for the minimum Energy Performance Certificate (EPC) ratings on all rental properties in the UK. All landlords and prospective landlords considering the purchase of a buy-to-let property should...
A family investment company (FIC) is simply a term for a corporate vehicle which holds investment assets for the benefit of its shareholders who are normally members of the same family. There is no special status or registration required with Companies...
It is only by making a Will that you can ensure that your estate is passed after your death according to your wishes. If you die without a valid Will, the distribution of your estate will be governed by the intestacy rules and the result of this may not be what you would have wanted.
With over 30 years’ experience, Hughes Paddison’s Family Team are experts at helping couples navigate what can be one of the biggest traumas they will experience in their lifetime. With years of experience of tumultuous divorce...
What are they? A tenancy at will is a tenancy that allows a tenant to occupy a property indefinitely and which either the landlord or tenant can terminate at any time. Why are they useful? Tenancies at will are not capable of enjoying the protection of...
The government has proposed changes to the way Capital Gains Tax (CGT) is calculated on separation or divorce. In this blog, family director, Julie Bennett, looks at the proposed changes and how these changes will impact spouses and civil partners upon divorce and dissolution.
With over 52% of UK adults owning a pet, according to the PDSA, we are a nation of animal lovers. So when it comes to making a Will, you might be wondering how to make the right provision for your beloved companion.
The government has introduced new changes to Stamp Duty Land Tax which has reduced the amount of Stamp Duty payable on property purchases in most cases. These changes came into effect on 23rd of September 2022 but only apply to England and Northern Ireland as Scotland and Wales have their own tax provisions. Unlike the Stamp Duty holidays in 2020 and 2021, it seems these changes will be in place for the foreseeable future.
Competition is a good thing as a it helps drive innovation and keep prices down for the consumer. However, a manufacturer will often want to put in place restrictions on their distributors to give each distributor a reasonable opportunity to promote and sell their products without facing competition from each other and their customers. It is also in the manufacturer’s interests that a distributor can make enough margin from selling their products so that they want to invest in promoting and growing sales.
The rules relating to what restrictions would be permitted changed on 1 June 2022.
The Police, Crime, Sentencing and Courts Act 2022 has introduced a new offence in England and Wales which relates to unauthorised encampment on land without consent, in or without a vehicle.
Unauthorised encampment is where trespassers set up home on land belonging to private landowners or public authorities without the landowner's permission.