pinkney_grunwells

Commercial Leases: A Landlord's Guide to Getting it Right in Yorkshire

Tue, 14 Apr 2026 11:45:49 GMT

As a landlord in North Yorkshire, understanding agricultural and commercial property law is essential. Whether you're letting out a shop in Scarborough, office space in Bridlington, or agricultural land near Driffield, a well-structured document protects your interests and fosters positive tenant relationships. At Pinkney Grunwells, we've been helping landlords like you navigate these complexities for over 85 years.

Why a Solid Lease is Your Best Defence

A commercial lease, farm business tenancy, grazing licence or profit a prendre are more than just a pieces of paper; it's the foundation of your landlord-tenant relationship. A comprehensive lease agreement clearly outlines each party's responsibilities, minimizing potential disputes and providing a framework for a successful tenancy.

Key areas your lease or farm business tenancy should cover:

Rent and Rent Reviews: Clearly define the rent amount, payment schedule, and how and when rent reviews will occur. Are you opting for fixed increases, Retail Price Index (RPI) linked adjustments, or open market valuations?
Repair Obligations: Specify who is responsible for maintaining different parts of the property. Is it a full repairing lease, or are you responsible for structural repairs?
Permitted Use: Clearly state the permitted uses of the property. This prevents tenants from engaging in activities that could damage the property or violate planning regulations.
Insurance: Outline insurance responsibilities for both landlord and tenant, including property insurance, public liability insurance, and business interruption insurance.
Break Clauses: Define any break clauses, allowing either party to terminate the lease early under specific conditions.
Assignment and Subletting: Specify whether the tenant can assign (transfer) the lease or sublet the property to another party, and under what conditions.
Alterations: Define what alterations the tenant is allowed to make to the property and the process for obtaining consent.

Yorkshire-Specific Considerations

Operating in North Yorkshire brings unique considerations:

Agricultural Leases: If you're leasing agricultural land, be aware of the specific legislation governing agricultural tenancies. Coastal Properties: Properties near the coast may be subject to specific planning restrictions and environmental regulations.

Local Business Landscape: Understanding the types of businesses common in your area helps you tailor lease terms to attract suitable tenants.

Common Pitfalls to Avoid

Using a Generic Template: A one-size-fits-all lease agreement may not adequately address your specific needs or the nuances of commercial property law in Yorkshire.

Failing to Conduct Due Diligence: Thoroughly investigate potential tenants to assess their financial stability and business experience.

Failing to seek Legal Advice: Seeking expert legal advice from a commercial property solicitor is crucial to ensure your lease agreement is legally sound and protects your interests.

How Pinkney Grunwells Can Help

At Pinkney Grunwells, our experienced commercial property team can provide comprehensive legal advice to commercial landlords in North Yorkshire. With over 85 years of serving the Yorkshire community, we understand the local business landscape and the unique challenges faced by landlords. We combine our deep legal expertise with a commitment to providing clear, concise, and cost-effective advice.

Pop in to one of our local offices or call us for more information on how we can help you.

Landlords: What you need to know about the Renters Rights Act 2026

Tue, 07 Apr 2026 11:45:11 GMT

1st May 2026 is only weeks away and if you own a rental property in England, this date will change everything about how you manage it.

The Renters' Rights Act is one of the biggest shake-up of tenancy law in over 30 years. It affects every private landlord in England - whether you own one property or ten.

Here's the thing most landlords don't realise:

You don't have long to get ready. Miss a deadline and you could face fines, lose the right to recover your property, or find yourself in court without a leg to stand on.

This guide cuts through the legal jargon. We'll tell you exactly what's changing, what you need to do, and when you need to do it.

Why This Act Matters So Much

The Renters' Rights Act doesn't just tweak the rules. It rebuilds them from the ground up.

The government's goal is to give tenants more security. That means big changes to how tenancies work, how rent can be increased, and how landlords can take back their property.

Some of the biggest changes start on 1st May 2026 . Others follow in later phases.

Get ahead of this now and the transition should be straightforward. Leave it too late, and the consequences could be serious.

The Three Dates You Must Know

Let's start with the most important thing.

There are three key dates every landlord in England needs to know right now.

30th April 2026 This is the last day to serve a Section 21 notice. After this date, Section 21 "no fault" evictions are gone for good. If you're planning to serve a Section 21, it is recommended doing so by 24 April at the latest. Leaving it to the final day risks mistakes you won't be able to fix.

1st May 2026 This is when the new rules kick in. Every assured shorthold tenancy (AST) in England automatically becomes an assured periodic tenancy - a rolling tenancy with no fixed end date.

31st May 2026 This is the deadline to send your existing tenants the government's official Information Sheet. Miss this and your local council can fine you up to £7,000 .

What Changes on 1 May 2026

Here's a plain-English summary of the key changes taking effect from 1st May.

Fixed-Term Tenancies Are Abolished

No more six-month or 12-month fixed-term contracts.

From 1st May, all tenancies become periodic - meaning they roll on month by month until either party ends them. This applies to both new and existing tenancies.

You do not need to issue new tenancy agreements for your existing tenants. The conversion happens automatically.

Section 21 Is Gone

From 1st May 2026, you can no longer evict a tenant without giving a legally valid reason.

Instead, you will need to use a Section 8 notice. This requires you to prove one or more specific legal grounds for possession, for example:

Serious rent arrears
You want to sell the property
You or a family member want to move in

Rent Increases Are Limited

You can only raise rent once every 12 months.

You must give at least two months' notice using the new Section 13 process (Form 4A).

Here's something many landlords don't know yet. Any rent review clause in your existing tenancy agreement - including those tied to CPI or RPI - becomes void on 1st May . You cannot rely on them after that date.

If you plan to use a rent review clause, it must come into force before 1st May.

Tenants Can Request a Pet

Tenants now have a legal right to request a pet.

You have 28 days to respond in writing. You must have a valid reason to say no - for example, the property is too small. A blanket "no pets" clause in your tenancy agreement will no longer be enforceable.

If you approve the request, you can ask the tenant to take out pet insurance to cover potential damage.

Rental Bidding Is Banned

You must state a fixed asking rent in any written advertisement. You cannot invite or accept offers above that price.

Discrimination Is Now Illegal

Blanket bans on tenants who receive benefits or have children are now unlawful. This includes refusing viewings, withholding property details, or declining a tenancy on these grounds.

Large Rent in Advance Is Banned

For new tenancies from 1st May, you cannot ask for more than one month's rent in advance before the tenancy starts.

What You Must Do Right Now

Want to know what to actually do before May? Here's your practical action list.

1. Review all your tenancy agreements

Go through every tenancy you have. Note whether each one is written, partly written, or based on a verbal agreement. This determines what you need to send tenants by 31st May.

Also check for rent review clauses and pet ban clauses. These will become void or unenforceable on 1st May.

2. Serve any Section 21 notices urgently

If you are considering a Section 21 notice, do not wait. The last date to serve one is 30th April 2026, but experts recommend serving by 24th April to be safe.

If you serve a valid notice before 1st May, you must then apply to court for possession by 31st July 2026 , or the notice will lapse. This is specialist legal work - please seek professional advice rather than attempting it yourself.

3. Act on any rent increases under the old rules

If you want to increase rent using the current Section 13 process (Form 4), serve your notice before 1st May. After that, you must use the new Form 4A.

Any rent increase tied to a rent review clause must also come into force before 1st May.

4. Send the government Information Sheet to all tenants by 31 May

The government has published an official four-page Information Sheet.

You must send this to every named tenant by 31st May 2026. It must be the exact PDF from the GOV.UK website - a link or a modified version is not valid. You can send it digitally as a PDF attachment or as a printed copy.

Keep proof that you sent it. Failure to do so could result in a fine of up to £7,000.

If your tenancy is based purely on a verbal agreement, you must instead provide a written statement of the tenancy terms before 31st May.

5. Prepare new tenancy agreements for any lettings from 1st May

From 1st May, all new tenancies must be assured periodic tenancies with no fixed term. If you use a standard AST template, it will need updating before you use it again.

You will also need to provide tenants with a Written Statement of Terms before they sign. This covers more than 20 prescribed items, including rent, deposit, notice periods, repair obligations and pet rights. Failure to provide it could lead to a fine of up to £40,000.

6. Check your marketing materials

Remove any references to fixed-term contracts, "no DSS", or large rent in advance requirements from your adverts and property listings. These will no longer be lawful from 1st May.

What About Student Landlords?

There are specific rules if you let to full-time students in a house in multiple occupation (HMO).

A new Ground 4A has been introduced to protect the yearly cycle of student housing. This allows you to recover possession at the end of the academic year.

To use Ground 4A this summer, you must serve a written statement on your tenants by 31st May 2026 confirming the tenancy falls under this ground. During the transition period, only two months' notice is needed rather than the usual four months.

What Are the Penalties for Non-Compliance?

The stakes are high. Here's a summary of the fines you could face if you don't comply.

Up to £7,000 for failing to send the Information Sheet by 31st May
Up to £7,000 for not providing a Written Statement of Terms for a new tenancy
Up to £40,000 for repeated or continuing breaches - including trying to enforce a fixed term after 1st May
Rent Repayment Orders of up to two years' rent for certain offences

Local councils have the power to investigate and issue these penalties.

What's Coming in Later Phases?

Phase 1 starts on 1st May 2026 - but there is more to come.

Later phases of the Renters' Rights Act will introduce a Private Rented Sector Database , where all landlords and properties must be registered. Courts will not be able to grant possession orders without registration.

A Private Rented Sector Ombudsman is also planned, giving tenants a way to resolve disputes without going to court. And Awaab's Law - requiring landlords to address damp and mould within set timeframes - will extend to private rental properties in due course.

The message is clear. Good record-keeping and full compliance are not optional extras - they are essential for any landlord who wants to keep letting property in England.

How Pinkney Grunwells Can Help

This is a lot to take in. And the consequences of getting it wrong are significant.

At Pinkney Grunwells, our civil litigation and property teams understand what these changes mean for landlords across the Yorkshire Coast. We can help you navigate the new rules clearly and confidently - whether you have one property or a larger portfolio.

We offer straight-talking legal advice with no jargon and no hidden costs.

Don't leave it to the last minute. If you have questions about the Renters' Rights Act and what it means for your situation, please get in touch with our team today.

Joint Tenants or Tenants in Common: What's the Best Way to Buy Property Together?

Tue, 24 Mar 2026 10:57:11 GMT

Buying a property with a partner, family member, or friend is a big step. But have you considered how you'll legally own the property? In England and Wales, you have two main options: joint tenancy and tenants in common. At Pinkney Grunwells, we've been guiding Yorkshire families through these decisions for over 85 years. Let's break down the differences and help you decide what's best for you.

Joint Tenants: All for One, One for All

Joint tenancy is the most common way for couples to own property. It means you both own the entire property together.

Key features of joint tenancy:

Right of Survivorship: If one owner dies, their share automatically passes to the surviving owner(s), regardless of what their will says.
Equal Ownership: All joint tenants have equal rights to the property.
Single Legal Entity: Joint tenants are treated as a single legal entity for property ownership purposes.

When is joint tenancy a good choice?

Married couples or civil partners: Often the simplest way to ensure the surviving partner inherits the property.
Long-term relationships: Where you want your partner to automatically inherit your share.
Simplicity: It avoids potential complications with inheritance and probate.

Tenants in Common: Your Share, Your Say

Tenants in common allows each owner to own a specific share of the property. These shares don't have to be equal – you could own 60% and your partner 40%, for example.

Key features of tenants in common:

No Right of Survivorship: Your share of the property passes according to your will, not automatically to the other owner(s).
Unequal Shares Possible: Ownership can be divided in any percentage you agree upon.
Independent Ownership: Each tenant in common can deal with their share independently (e.g., sell it or leave it to someone in their will).

When is tenants in common a good choice?

Unmarried couples: Where you want to ensure your share goes to your children or other family members.
Friends or family buying together: Where each party contributes different amounts to the purchase.
Investment properties: Where you want to control who inherits your share of the investment.
Complex family situations: Such as second marriages or blended families.
Tenants in Common and Care Fees: Potential Benefits

One important consideration with tenants in common is how it can affect potential care fees in the future. If one owner requires long-term care, the local authority may assess their assets to determine if they need to contribute to the cost of their care.

Protecting a Share for Heirs

As tenants in common, each person's share is considered part of their estate. This means that only their share is potentially at risk to cover care fees, not the entire property value. This can help preserve some of the property's value for their beneficiaries.

Declaration of Trust

A declaration of trust is crucial. It clearly outlines the ownership percentages and the intentions of the owners. This can provide strong evidence of each person’s stake in the property, which is important when dealing with care fee assessments.

It's worth noting that local authorities will look closely at any arrangements that appear to be designed to avoid care fees. Seeking professional legal advice is essential to ensure that your arrangements are sound and compliant with the law.

Severing a Joint Tenancy

It's possible to change a joint tenancy into a tenancy in common. This is called "severing" the joint tenancy. This might be necessary if relationships change or if one owner wants to protect their assets.

Seeking Legal Advice

Choosing between joint tenancy and tenants in common is a significant decision. At Pinkney Grunwells, our experienced property team can help you understand the legal implications of each option.

We understand that buying a property is a big investment, and we're here to guide you every step of the way. Contact Pinkney Grunwells today. Call us or visit one of our local offices to learn more. With five offices across North Yorkshire, we're your local legal experts .

*PLEASE NOTE* This is intended as general information and expert advice must be sought by the reader before committing to a decision. We cannot be held responsible for any financial losses as a result of not doing so.

Why Use a Traditional Solicitor Over a Will Writing Company or DIY Will

Wed, 25 Feb 2026 15:15:06 GMT

Your will might be the most important document you'll ever sign. Yet many people don't realise the risks of cutting corners when planning what happens to everything they own after they're gone.

While DIY wills and will writing companies might seem like money-savers today, they could cost your loved ones dearly tomorrow.

The Hidden Dangers Behind the Cheaper Options

Most people know they need a will. What they don't know is that anyone can legally write a will in the UK - regardless of qualifications or experience.

This creates three main options:

DIY wills (templates or online services)
Will writing companies (unregulated services)
Traditional solicitors (fully regulated professionals)

The price difference might tempt you toward options 1 or 2. But here's what they're not telling you...

Why DIY Wills Are a Risky Gamble

DIY wills seem simple. Buy a template, fill it in, job done. But this approach creates serious problems:

Legal wording matters enormously. One wrong phrase can completely change who gets what or even invalidate your entire will completely.

For example a gentleman who writes "I leave my house to my wife for her lifetime" may think he is being very clear in his wishes but what he doesn't realise is that this wording creates a life interest trust with complex tax implications rather than simply gifting the property to his wife.

DIY wills often fail because:

They're not properly witnessed (two independent witnesses must witness you sign the will)
They contain contradictory instructions
They use ambiguous language that can create disputes
They miss crucial elements required to ensure legal validity
They don't account for changes in the individual’s circumstances or changes to the laws relating to wills

Even worse, mistakes usually only come to light after you've died - when it's too late to fix them.

Will Writing Companies: The Middle Ground That Falls Short

Will writing companies offer a step up from DIY options. They typically offer house calls or out of office hour appointments that may suit working individuals.

But here's what you need to know:

Unlike solicitors, will writers are not required by law to have any specific qualifications or training. Anyone can set up as a will writer and make a will on someone’s behalf.

Some will writers belong to voluntary organisations like the Institute of Professional Will Writers (IPW) or Society of Will Writers (SWW), which provide some standards and a complaints process. But these bodies do not have the same regulatory powers as the Solicitors Regulation Authority (SRA) .

The biggest risks with will writing companies include:

Limited insurance cover if things go wrong
Potential lack of legal expertise for complex situations and modern family dynamics
No guaranteed continuity (if they go out of business, who then hold’s your will?)
Possible upselling of unnecessary services
Limited protection if mistakes are made

Why Traditional Solicitors Are Worth Every Penny

When it comes to something as important as your will, working with a traditional solicitor like Pinkney Grunwells offers protection that other options simply cannot match.

1. Proper Regulation and Protection

Solicitors are regulated by the Solicitors Regulation Authority (SRA), which sets strict standards for:

Professional conduct
Client care
Handling of your money
Required insurance coverage
Ongoing training and development

This regulation means that you have genuine protection if something goes wrong. The SRA can investigate complaints, and solicitors must maintain professional indemnity insurance to compensate clients for any mistakes.

2. Expertise That Goes Beyond Just Writing a Will

A solicitor doesn't just fill in a template. They:

Assess your full financial and family situation
Identify potential inheritance tax issues
Advise on complex family situations ( previous marriages, step-children, blended family situations, disabled relatives)
Spot problems you might never have considered
Ensure your will works alongside other arrangements (trusts, business ownership)
Keep up with changing laws that might affect your estate

3. Proper Storage and Continuity

Solicitors like Pinkney Grunwells offer secure will storage, ensuring your will is:

Kept safe from damage, loss or tampering in our strong room facilites
Available when needed
Accessible even if the firm changes over time

4. Protection Against Challenges

A properly drafted solicitor's will is much harder to challenge after death. Solicitors:

Assess your mental capacity at the time of making the will
Document the process in writing and communication with you to ensure you fully understand the terms of the will
Ensure proper witnessing
Address potential claims from dependants
Use precise legal language that leaves no room for misinterpretation

When a Solicitor Is Absolutely Essential

While simple situations might seem suitable for DIY or will writing companies, certain circumstances make using a solicitor non-negotiable:

You own property abroad
You have a business
You have a complex family situation (previous marriages, step-children)
Your estate may be liable for inheritance tax
You want to exclude someone who might expect to inherit
You have vulnerable or disabled relatives that you wish to inherit
You want to create trusts within your will

The True Cost of Cutting Corners

The money saved by using a DIY will or will writing company can be dramatically outweighed by the problems they create:

Legal fees to resolve unclear or ambiguous wills can run into thousands of pounds
Inheritance tax that could have been avoided with careful estate planning
Family disputes over ambiguous wording
Assets going to unintended beneficiaries
Delays in administering your estate
Stress for your loved ones at an already difficult time

Real-Life Consequences

Consider this example: A man used a DIY will kit to leave his house to his second wife for her lifetime, then to his children from his first marriage. The wording was ambiguous, and after his death, his second wife claimed full ownership of the house while his children argued for their share.

The resulting legal battle cost over £30,000 in legal fees – which could have been avoided had he used a solicitor to draft his will. Worse still, the family relationships were permanently damaged.

Making the Right Choice

Your will determines what happens to everything you've worked for throughout your life. It's not just about who gets what - it's about protecting your loved ones, minimising tax, and ensuring your wishes are carried out.

At Pinkney Grunwells, our solicitors have been helping families create legally sound wills for over 85 years. We combine deep legal expertise with genuine care for our clients' needs.

When you consider what is at stake, the reasonable cost of having your will professionally prepared by a solicitor is one of the best investments you can make for your family's future.

Take the Next Step

Don't leave your family's future to chance. Contact Pinkney Grunwells today to arrange a consultation with one of our experienced solicitors. With offices across Yorkshire in Scarborough, Hunmanby, Bridlington, Driffield and Whitby, we are never far away.

Remember - a will is not just a document. It's your legacy and your family's security. Make sure it's done right.

Your Pets Need You Even After You're Gone: Planning for Their Future

Wed, 11 Feb 2026 12:22:21 GMT

Most pet owners never think about it.

What happens to your beloved pets when you're no longer here?

It's a question that makes us uncomfortable but ignoring it could leave your furry family members vulnerable.

Why Your Pets Need a Plan

Your dog can't inherit your house. Your cat can't access your bank account. Your tortoise can't cash a cheque. UK law considers pets as property, not beneficiaries. This means they cannot directly inherit money or assets when you pass away.

According to research by the Association of Lifetime Lawyers, only 26% of UK adult pet owners have made provisions for their pets in their Will. Even more concerning, 59% of adults over 30 were unaware that pets are considered assets in an estate and cannot legally inherit money or property.

Without proper planning, your beloved companion could face an uncertain future.

What Happens When No Plan Exists?

Without clear instructions in your Will, your pet's fate becomes uncertain:

Your executor might make decisions without knowing your wishes
Your pet could be rehomed with someone you wouldn't have chosen
In worst cases, your pet might end up in an animal shelter

The RSPCA reports approximately 6,000 animals are rehomed each year following the death of their owners, many of which could have been avoided with proper planning.

Your Will

You can make provision for your pet to be gifted to someone in your Will and consider leaving money for their care. You should consider choosing a guardian, setting money aside and providing care instructions.

Choosing a Guardian

Select someone who:

Already knows and loves your pet
Has the time and ability to provide proper care
Has agreed to take on this responsibility

Always have a backup guardian in case your first choice is unable to fulfil the role.

Setting Aside Funds

The amount needed depends on:

Your pet's age and health
Expected lifespan
Typical care costs

Providing Care Instructions

While your Will should contain the legal framework, detailed care instructions are best kept in a separate letter including:

Feeding routines and dietary requirements
Exercise needs
Medical history and medication details
Veterinary information
Behavioural quirks and preferences

The Dogs Trust Canine Care Card: A Free Alternative for Dog Owners

If you're a dog owner, the Dogs Trust offers a free service called the Canine Care Card that provides peace of mind about your dog's future.

How the Canine Care Card Works

The Canine Care Card is a promise from Dogs Trust that if you become seriously ill or pass away, they will look after your dog and find them a loving new home. Here's how it works:

Choose a Dog Guardian - This should be someone you trust (a friend, family member, solicitor, or neighbour) who can sign your dog over to Dogs Trust if you're unable to do so.
Complete the application - You'll provide details about yourself, your dog, and your Dog Guardian.
Receive your Canine Care Card - Once approved, you'll receive a card to keep in your wallet or purse.
Update your Will - Include instructions in your Will with the suggested wording: "It is also my wish that Dogs Trust cares for and rehomes my dog at the time of my death."

If the worst happens, your Dog Guardian contacts Dogs Trust, who will arrange for your dog to be brought to their nearest rehoming centre. Their team of behaviourists will assess your dog and work to find them the perfect new home.

Peace of Mind Guarantees

Dogs Trust promises:

They never put down a healthy dog
They'll provide all necessary medical care
They'll honour your dog's individual needs
If you have multiple dogs, they'll try to keep them together when possible

To register for a Canine Care Card: A lifetime of care with a Canine Care Card | Dogs Trust or call 020 7837 0006.

Special Considerations for Different Pets

Different animals have different needs:

Dogs and Cats

Often adapt well to new homes but need time to adjust
Consider guardians who already know your pet
For dogs, the Dogs Trust Canine Care Card is an excellent option

Exotic Pets

Require specialised care and knowledge
May need specialist rehoming organisations

Horses and Livestock

Require significant resources and space
May need specific funding arrangements

Long-lived Pets

Parrots and tortoises may outlive multiple guardians
Require succession planning

Supporting Animal Charities

Your Will can also support animal welfare more broadly. Consider leaving a gift to an animal charity that's important to you. This can be:

A cash gift
A percentage of your estate
Personal possessions (check with the charity first)

Taking Action Now

Creating or updating a Will with provisions for your pets doesn't have to be complicated or expensive. You can:

Consult with a solicitor specialising in Wills and probate
Create a new Will or update an existing Will specifically including your pets
Register for a Dogs Trust Canine Care Card if you're a dog owner

The peace of mind knowing your beloved pet will be cared for according to your wishes is invaluable.

Next Steps

Don't leave your pet's future to chance. At Pinkney Grunwells, our Wills and Probate team can help you create a comprehensive plan that ensures your pets receive the care they deserve, even when you're no longer able to provide it yourself.

Contact our Wills and Probate specialists today to discuss how we can help you protect all members of your family – including those with four legs, feathers, or scales.

Struggling to get paid by customers? Let our Debt Recovery team take over

Thu, 29 Jan 2026 15:31:44 GMT

Cash flow problems hurt.

Most businesses waste countless hours chasing payments that should have been settled weeks, sometimes even months ago. Meanwhile, your own bills pile up and growth plans stall.

The true cost of unpaid invoices

Late payments don't just cause temporary cash flow issues. They create a domino effect. You can't pay your suppliers on time. Your reputation suffers. Growth opportunities slip away because you're spending valuable time pursuing money that's rightfully yours.

And the stress? It follows you everywhere even into your home life.

What if you could hand this burden to specialists who recover debts every day, letting you concentrate on what matters.

Why businesses struggle with debt collection

Chasing payments damages client relationships. You need the money, but you also need to maintain professional connections.

Then there's the admin nightmare. The follow-up calls. The awkward emails. The detailed records for potential legal action. Most importantly, every hour spent on debt collection is an hour not spent on what you do best—running your business.

How our Debt Recovery team works

Our specialist Debt Recovery solicitors have recovered thousands of pounds for businesses.

The process starts simply:

We discuss your specific situation in plain English
You receive clear advice about recovery options
We explain our transparent fee structure with no hidden costs
Our team takes immediate action using proven methods
You focus on your business while we handle everything

We're firm with debtors but professional. This preserves your business relationships while getting results.

Five ways professional debt recovery pays for itself

Nobody mentions this, but debt recovery services often pay for themselves:

Higher recovery rates - Professional letters from solicitors prompt immediate payment in most cases
Faster resolution - Our structured approach speeds up the collection process
Legal compliance - We ensure all actions follow current regulations
Peace of mind - No more stress or wasted time chasing payments
Better business focus - Your energy goes back in to running your business

When to call in debt recovery specialists

The best time for professional intervention is much earlier than most businesses think. Wait too long and debts become harder to recover. Companies fold. People move. Documentation gets lost. Consider professional debt recovery when:

Invoices remain unpaid 30+ days past their due date
Communications from debtors have stopped or become evasive
You've already sent multiple reminders with no result
The relationship with the customer is deteriorating
The amount owed justifies professional assistance

How we're different from debt collection agencies

Debt collection agencies lack the legal authority that makes our approach effective. When a solicitor's letterhead arrives, it signals serious intent.

More importantly, we can seamlessly progress to legal action if needed. No transferring to another service.

Next steps to recover what you're owed

Our Civil Litigation team is ready to help you deal with your Debt Recovery. The initial consultation is straightforward and focused on practical solutions. With our five offices across the Yorkshire Coast, we understand local businesses and their challenges.

Contact our Civil Litigation team today on 01723 352125 or email solicitor@pinkneygrunwells.co.uk to arrange a conversation.

Stop chasing. Start recovering.

Please note we also do debt recovery for individuals.

Inheritance tax is changing in 2026: what farming families and business owners need to know

Wed, 21 Jan 2026 15:38:34 GMT

If you own a farm, land, or a family business, you will have undoubtedly heard that inheritance tax (IHT) rules are changing. While the headlines have caused concern, the key message is this: don’t panic - but don’t ignore it either.

From April 2026, important changes will take effect to agricultural property relief (APR) and business property relief (BPR). These reliefs have historically played a vital role in helping farms and family businesses pass from one generation to the next without triggering a large inheritance tax bill.

Understanding what’s changing, and reviewing your plans now, can give you and your family more choice, flexibility, and peace of mind.

What is APR and BPR?

APR and BPR are inheritance tax reliefs that can reduce, or even eliminate, the IHT due on qualifying agricultural or business assets when someone dies, including IHT that may arise on certain lifetime gifts of qualifying assets that become taxable on death.

Until now, qualifying assets could often pass 100% free of inheritance tax, regardless of their value. For many farming families and business owners, this has been essential in keeping businesses intact and viable for the next generation.

What is changing from April 2026?

In the Autumn Budget 2024, the government announced that unlimited relief would come to an end.

Under the revised rules:

Each individual will have a £2.5 million cap which will apply to the combined value of qualifying assets eligible for 100% APR or BPR
Any qualifying assets above £2.5 million will receive 50% relief
This means the excess value could face inheritance tax at an effective rate of 20%
Any unused allowance will be transferable between spouses and civil partners, meaning a married couple or civil partners can pass on qualifying assets worth up to £5.65 million tax free by combining two £2.5 million agricultural/business property allowances and two £325,000 nil‑rate bands (if available)

This was a change from the government’s original proposal of a £1 million cap, not transferrable between spouses and civil partners (this was introduced in Autumn Budget 2025), which prompted strong opposition from farming and rural communities. The increase to £2.5 million, announced in a press release on 23rd December 2025, has been widely reported as a partial U-turn to soften the impact, but it still represents a major shift.

Why this matters for you

For many families, particularly those with land-rich or asset-heavy businesses, these changes could result in a significant inheritance tax bill where none was expected before.

With the end of unlimited relief now confirmed for April 2026, it’s essential to:

Review the value of your assets
Revisit wills, trusts, and succession plans
Consider whether your current arrangements still achieve what you want

Plans that worked well under the old rules may no longer deliver the outcome you expect.

Practical steps to take now

1. Check whether your existing plans still work

Wills, trusts, and business succession plans should all be reviewed in light of the new rules. Small changes in legislation can have big consequences.

2. Think beyond tax

Good planning isn’t just about inheritance tax. It’s also a chance to step back and think about what matters most to you - protecting your family, keeping the business viable, and ensuring clear arrangements are in place for the future.

3. Make sure your figures are up to date

The value of farms, land, businesses, and investments changes over time. Accurate, current valuations are essential for effective planning.

4. Put the right safeguards in place

Consider Lasting Powers of Attorney (LPAs) so that trusted people can manage your affairs if you’re unable to do so yourself in the future.

5. Talk it through

The best plans are built on clear communication. Open conversations with family members and business partners can help avoid misunderstandings and disputes later on.

A review today can protect your family tomorrow

There is still time to act before April 2026, but early advice gives you more options and greater control.

A specialist lawyer, such as an accredited Lifetime Lawyer, working with your financial/tax adviser, can help you navigate these changes, understand your choices, and put a plan in place that reflects both your financial position and your family values.

Inheritance tax rules may be changing, but with the right guidance, you can still plan with confidence.

Contact us

Pinkney Grunwells are Accredited Lifetime Lawyers . This means they’re specialists in later-life and succession planning, with expert training to help families, business owners, and farm owners navigate complex inheritance matters.

Working with a Lifetime Lawyer gives you a trusted legal adviser who can:

· Explain how the upcoming APR and BPR changes in April 2026 could affect your estate or business.

· Review your wills, trusts, and succession plans to make sure they still work as intended.

· Help you plan ahead with confidence, protecting your family and assets for the future.

If you’re concerned about inheritance tax or planning for the next generation, get in touch with us at any of our 5 local office or use the links below.

What is the right age to make an LPA?

Mon, 15 Sep 2025 14:06:44 GMT

Nobody plans to lose control. Yet life happens.

Most people put off making a Lasting Power of Attorney until it's almost too late. But when exactly should you set one up?

Let's explore this question that affects every adult in the UK.

What Exactly is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you become unable to do so.

In England and Wales, there are two types:

Health and Welfare LPA - Covers decisions about your medical care, daily routine, and living arrangements
Property and Financial Affairs LPA - Handles your money, bills, property, and financial matters

Both give you control over who makes decisions if you can't.

The Legal Minimum Age (It's Lower Than You Think)

According to UK law, you must be at least 18 years old to make an LPA. This is the absolute minimum requirement.

But just because you can make one at 18 doesn't mean most people do. In fact, most wait far too long.

The Common Misconception

"I'll sort it out when I'm older."

This thinking leads many people to delay making an LPA until their 60s or 70s. Some wait until they receive a concerning diagnosis.

But this approach carries significant risks.

Why Earlier is Better Than Later

Making an LPA isn't about age - it's about capacity.

The critical requirement is that you must have mental capacity when you create the document. This means you understand:

What an LPA is
Why you're making it
Who you're appointing
What powers you're giving them

Once mental capacity is lost, it's too late to create an LPA.

The Unexpected Can Happen at Any Age

Consider these scenarios:

A 25-year-old in a serious car accident
A 35-year-old with an unexpected brain injury
A 45-year-old diagnosed with early-onset dementia

Without an LPA, families face lengthy court applications through the Court of Protection to manage affairs - a process that takes months and costs thousands.

Why Professional Legal Help Matters

While you can create an LPA yourself online, having it prepared by a qualified solicitor offers crucial protections:

Expert guidance on complex decisions A solicitor helps you understand the full implications of different options and powers
Protection against future challenges Professionally prepared LPAs are less likely to be challenged on grounds of undue influence or lack of capacity
Tailored to your specific circumstances Generic online forms may not address your unique family situation or assets
Proper witnessing and certification Solicitors ensure all formalities are correctly observed, preventing rejection
Secure storage of documents Law firms provide safe storage of your original LPAs and can produce certified copies when needed

Many DIY LPAs are rejected due to simple errors that a solicitor would have prevented, causing undue delays and costs. The modest cost of professional help upfront can save your family thousands in legal fees late r.

The "Five Life Stage" Approach

Rather than focusing on age, consider making an LPA during these key life stages:

When you buy your first property Property ownership creates financial complexity that may need managing
When you get married Contrary to popular belief, spouses cannot automatically make decisions for each other
When you have children Ensuring your family's security becomes even more important
When you receive a health diagnosis Any condition that might affect cognitive function in future
When you retire As you begin to manage pensions and retirement assets

The Cost of Waiting Too Long

If you lose mental capacity without an LPA in place, your loved ones must apply to the Court of Protection to become a "deputy." This process:

Takes 6-12 months on average
Costs upwards of £3,000 in legal fees
Requires annual reporting and fees
Offers less flexibility than an LPA

During this time, your bank accounts may be frozen and important decisions and payments delaye d. You can find out more about this in our blog " The risk of loosing capacity without a Lasting Power of Attorney "

Next Steps

If you're ready to create an LPA:

Consult with a qualified solicitor who specialises in LPAs
Decide who you trust to be your attorney(s) - read our informative blog on the role of attorney here
Consider whether you need one or both types of LPA
Have your solicitor prepare and review the documents
Register your LPA with the Office of the Public Guardian (currently £82 per LPA, from 17 ^th November 2025 it is increasing to £92 per LPA)

Remember, an LPA only becomes active when registered, and a health and welfare LPA can only be used if you lose mental capacity.

At Pinkney Grunwells we have a dedicated experienced team across all 5 offices offering a friendly professional service to ensure your LPAs are created correctly and that you are aware of all the options and implications of them.

The Bottom Line

The right age to make a Lasting Power of Attorney isn't about the number of candles on your birthday cake.

It's about being prepared for life's uncertainties at any age, with proper professional guidance to ensure your wishes are protected.

The best time to make an LPA was probably years ago. The second best time is now.

How to Navigate Redundancy and Layoffs

Thu, 13 Feb 2025 12:01:40 GMT

Facing redundancy or layoffs can be a challenging and emotional experience. Whether you are an employee who has been informed of impending job loss or a manager tasked with making difficult decisions, understanding your rights and the processes involved is crucial.

This guide will help you navigate redundancy and layoffs, ensuring you are informed and prepared for the journey ahead.

Understanding Redundancy

Redundancy occurs when an employer needs to reduce their workforce, often due to financial difficulties, restructuring, or changes in business operations. In the UK, there are specific legal requirements that employers must follow when making redundancies, including:

Fair Selection Process : Employers must use a fair and objective method for selecting employees for redundancy. This could involve criteria such as skills, experience, and performance.
Consultation : Employers are required to consult with employees who may be affected by redundancy. This consultation should include discussions about the reasons for redundancy, the selection process, and any alternatives to redundancy.
Notice Period : Employees are entitled to a notice period before their employment ends. The length of this notice period depends on how long the employee has worked for the company.
Redundancy Pay : Employees who have been continuously employed for at least two years are entitled to statutory redundancy pay, which is calculated based on age, length of service, and weekly pay.

Steps to Take if You Are Facing Redundancy

If you find yourself facing redundancy, here are some steps to consider:

Understand Your Rights : Familiarise yourself with your rights regarding redundancy, including your entitlement to consultation, notice, and redundancy pay.
Seek Support : Reach out to your employer’s HR department for guidance and support. They can provide information about the redundancy process and any available resources. If you believe your redundancy is unfair or if you have concerns about the process, consider seeking legal advice. A solicitor can help you understand your rights and options.
Consider Alternatives : During the consultation process, discuss any alternatives to redundancy with your employer. This could include voluntary redundancy, reduced hours, or redeployment to another role within the company.
Update Your CV : Start preparing for your next career move by updating your CV and LinkedIn profile. Highlight your skills and achievements to attract potential employers.
Explore Job Opportunities : Begin searching for new job opportunities as soon as possible. Networking, job boards, and recruitment agencies can be valuable resources in your job search.

If you are a manager or employer facing the difficult task of implementing redundancies, it’s essential to handle the situation with care and compassion. Here are some tips:

Communicate Clearly : Be transparent with your employees about the reasons for redundancy and the process involved. Clear communication can help alleviate anxiety and uncertainty.
Provide Support : Offer support to affected employees, such as access to counselling services, career coaching, or job placement assistance.
Follow Legal Requirements : Ensure that you comply with all legal requirements regarding redundancy, including consultation and fair selection processes.
Be Compassionate : Recognise the emotional impact of redundancy on employees. Approach the situation with empathy and understanding.

Conclusion

Navigating redundancy and layoffs can be a daunting experience, but understanding your rights and the processes involved can help ease the transition. Whether you are an employee facing redundancy or a manager implementing layoffs, being informed and prepared is key. If you have questions about redundancy rights or need legal assistance, don’t hesitate to reach out to us at Pinkney Grunwells Lawyers LLP. We are here to support you through this challenging time.

Second Home Purchase: What You Need To Know

Wed, 29 Jan 2025 12:27:08 GMT

Purchasing a second home can be a fantastic investment, whether you’re looking for a holiday retreat, a buy-to-let property, or a place to retire. However, buying a second home comes with its own set of legal and financial considerations. Before you jump into the process, it’s important to understand the legalities involved to ensure a smooth transaction and avoid unexpected costs or complications.

In this blog, we’ll walk you through the key legal aspects of buying a second home in the UK, from additional taxes to legal obligations.

1. Understanding Stamp Duty for Second Homes

One of the most significant legal differences when buying a second home compared to a primary residence is the additional Stamp Duty Land Tax (SDLT). In the UK, purchasing a second property will incur a higher rate of SDLT, which applies to properties valued over £40,000.

As of 31 ^st October 2024 and until the 31 ^st of March 2025, the rates for second homes are as follows:

For example, if you buy a second home for £400,000, you’ll pay 5% on the first £250,000 and 10% on the remaining £150,000. This SDLT surcharge applies to any additional residential property, whether it’s a buy-to-let investment, a holiday home, or a city apartment.

The rates will further change from the 1 ^st April 2025 in the following manner:

2. Financing Your Second Home Purchase

Most people rely on a mortgage to purchase a second home, but getting one may not be as straightforward as for a primary residence. Lenders often have stricter criteria for second homes, especially if you already have a mortgage on your first property. You’ll likely need a larger deposit—typically between 15% and 25% of the property’s value.

Mortgage options can vary depending on how you plan to use the second home. If you’re buying it as a rental property, you may need a buy-to-let mortgage, which usually has different terms and higher interest rates than a standard mortgage. If it’s a holiday home, lenders will want assurance that you can afford the repayments without relying on rental income.

3. Council Tax and Other Local Charges

If you own a second home, you’ll still be responsible for paying council tax on the property. However, some local authorities may offer discounts for second homes that aren’t used as a primary residence. On the flip side, in certain regions, especially in popular tourist destinations, councils have started applying higher rates of council tax to discourage the purchase of second homes that remain empty for long periods.

In addition to council tax, you should also budget for other ongoing costs such as:

Utilities (even if the home is vacant for long stretches)
Insurance (second homes may require specialist insurance policies)
Maintenance and repairs

It’s important to consider these costs when deciding whether buying a second home is financially viable.

4. Rental Income and Tax Implications

If you plan to rent out your second home, either as a long-term let or a holiday rental, you’ll need to be aware of the tax implications. Rental income is taxable, and you’ll need to declare it to HM Revenue and Customs (HMRC).

You may also be liable for Capital Gains Tax (CGT) when you sell your second home. Unlike your primary residence, which benefits from Private Residence Relief, any profit made from the sale of a second home is taxable under CGT rules.

5. Legal Process of Buying a Second Home

The legal process of buying a second home is similar to purchasing a first home, but it’s important to work with a solicitor who is experienced in property transactions. Your solicitor will guide you through the following steps:

Conveyancing : This is the legal transfer of property ownership from the seller to the buyer. Your solicitor will carry out local searches, check title deeds, and ensure there are no legal issues affecting the property (e.g., planning restrictions, access rights).
Contracts : Your solicitor will draft and review contracts, ensuring everything is in order before you sign. Once contracts are exchanged, you are legally committed to the purchase.
Completion : On completion day, your solicitor will arrange for the transfer of funds and ensure the property is legally transferred to your name.

Having an experienced solicitor ensures that any legal risks or complications are addressed before they become issues, giving you peace of mind during the purchase process.

6. Planning Permission and Building Regulations

If you plan to make significant alterations to your second home, such as an extension or loft conversion, you may need to obtain planning permission from the local council. Even minor changes, particularly in conservation areas, may require permission.

You must also ensure any work carried out meets Building Regulations standards, which cover the structural safety, energy efficiency, and accessibility of your property. Failing to comply with these regulations can result in fines or being ordered to undo the work.

7. Considerations for Holiday Homes

If your second home will be used primarily as a holiday home, there are some additional legal factors to consider. For example, some properties may have restrictive covenants preventing them from being used as holiday lets. Always check the property’s title deeds to ensure there are no limitations on how you can use the property.

Additionally, popular tourist areas may have planning restrictions that prevent properties from being used as holiday lets, so it’s crucial to check local regulations before making your purchase.

Final Thoughts

Buying a second home can be a rewarding investment, but it’s important to understand the legal obligations and financial responsibilities that come with it. From additional Stamp Duty to potential rental income taxes, the process requires careful consideration and planning.

At Pinkney Grunwells Lawyers LLP, our property law specialists are here to guide you through every step of the process. Whether you’re buying a second home for personal use or as an investment, we can provide expert legal advice to ensure a smooth and stress-free transaction.

Contact us today or visit one of our offices in Scarborough, Hunmanby, Bridlington, Driffield, or Whitby to discuss your second home purchase.

How Mediation Can Save You Time and Money During a Divorce or Separation

Thu, 09 Jan 2025 13:16:03 GMT

Divorce and separation can be emotionally draining and time-consuming. Traditional methods of resolution, such as court proceedings, often lead to prolonged conflicts and increased costs. However, mediation offers a more efficient and cost-effective alternative. Mediation can help separated couples manage arrangements concerning their children and address financial issues arising from separation. Additionally, there is legal aid available (if eligible), along with a £500 voucher to assist with the mediation process where child arrangements are discussed.

In this blog, we’ll explore how mediation can save you time and money, making the process smoother for everyone involved.

What is Mediation?

Mediation is a voluntary process where a neutral third party, known as a mediator, helps individuals in conflict reach an agreement. The mediator facilitates discussions between the parties, guiding them to express their views and work towards a mutually acceptable solution. Unlike court proceedings, mediation is less formal and focuses on collaboration rather than confrontation.

The mediator does not make decisions for the parties but helps them explore options and find common ground. This process can be particularly beneficial for separated couples, as it allows them to manage arrangements for their children and address financial issues in a constructive environment.

Time-Saving Benefits of Mediation

One of the most significant advantages of mediation is the time it can save. Traditional court proceedings can take months or even years to resolve, leading to prolonged stress and uncertainty. In contrast, mediation sessions can often be scheduled quickly, allowing parties to address their issues in a timely manner.

Typically, mediation can be completed in a few sessions, often within weeks, depending on the complexity of the issues. This expedited process not only reduces the time spent in conflict but also allows families to move forward more quickly, especially when children are involved.

Cost-Effective Solutions

Mediation is generally more cost-effective than litigation. Legal fees associated with court proceedings can quickly add up, leading to significant financial strain. In contrast, mediation typically involves lower costs, as it requires fewer sessions and less formal legal representation.

Additionally, the availability of legal aid (if eligible) and the £500 voucher for mediation can further alleviate financial burdens. The £500 funding is non-means tested, meaning that anyone can access it as long as discussions for child arrangements are required. These make mediation an even more attractive option for families facing divorce or separation.

Flexibility and Control

Mediation offers a level of flexibility that traditional court processes cannot match. Parties can choose the time, place, and pace of their mediation sessions, allowing them to work around their schedules and commitments. This flexibility can be particularly beneficial for separated couples who may have busy lives or work commitments.

Moreover, mediation empowers individuals by giving them more control over the outcome. Instead of having a judge make decisions for them, parties can collaboratively develop solutions that work best for their unique situations, especially regarding arrangements for their children.

Confidentiality and Privacy

Confidentiality is a key feature of mediation. mediation sessions are private, allowing parties to discuss sensitive issues without fear of public scrutiny. This confidentiality encourages open and honest communication, which can lead to more effective resolutions.

The private nature of mediation can also help preserve relationships, making it easier for separated couples to co-parent effectively and maintain a civil relationship moving forward.

Support for Separated Couples

Mediation is particularly beneficial for separated couples as it provides a structured environment to manage arrangements for children and address financial issues arising from divorce or separation. By facilitating discussions about parenting plans, child support, and asset division, mediation helps couples reach agreements that are in the best interests of their children.

With the added support of legal aid and the £500 voucher for mediation, couples can access these services without the financial strain often associated with legal disputes. This support makes mediation a viable and attractive option for families looking to resolve their differences amicably.

Conclusion

In conclusion, mediation offers a time-saving and cost-effective solution for resolving issues related to divorce or separation. By providing a collaborative environment, mediation allows separated couples to manage arrangements for their children and address financial issues without the stress and expense of court proceedings. With the availability of legal aid (if eligible) and the £500 voucher, mediation is more accessible than ever.

Consider mediation as a viable option for your divorce or separation, and take the first step towards a smoother resolution.

How can we help?

If you’re facing divorce or separation and would like to explore mediation options, don’t hesitate to reach out to our dedicated Family team at Pinkney Grunwells Lawyers. We are here to help you navigate your legal needs with care and understanding. Contact us today to learn more about how mediation can benefit you.

Know Your Legal Rights: A Guide to Purchasing and Returning Goods in England This Christmas

Wed, 11 Dec 2024 14:54:29 GMT

As the festive season approaches, many of us are gearing up for the annual shopping spree, whether it's for gifts for loved ones or treating ourselves. However, with the excitement of Christmas shopping comes the importance of understanding your legal rights when it comes to purchasing and returning goods in England. This guide will help you navigate your rights as a consumer, ensuring a smooth and stress-free shopping experience this holiday season.

Understanding Your Consumer Rights

In the UK, consumer rights are primarily governed by the Consumer Rights Act 2015. This legislation provides essential protections for consumers when purchasing goods and services. Here are some key points to keep in mind:

Goods Must Be of Satisfactory Quality : When you buy a product, it should be of satisfactory quality, meaning it should be fit for purpose, free from defects, and as described. If a product fails to meet these standards, you have the right to a refund, repair, or replacement.
Goods Must Be As Described : If a product is advertised in a certain way, it must match that description. For example, if a toy is marketed as suitable for children aged three and up, it should be safe and appropriate for that age group. If it doesn't match the description, you can return it.
Right to Reject : Under the Consumer Rights Act, you have the right to reject goods that are faulty or not as described within 30 days of purchase. This means you can return the item for a full refund.
Repair or Replacement : If you discover a fault after the initial 30 days, you can request a repair or replacement. The retailer must provide this at no cost to you, unless it is deemed unreasonable.
Extended Returns Policies : Many retailers offer extended returns policies during the Christmas season. This means you may have longer than the standard 30 days to return items purchased as gifts. Always check the retailer's policy before making a purchase.

Returning Goods: The Process

If you need to return an item, here’s a simple process to follow:

Check the Return Policy : Before purchasing, review the retailer's return policy. This will inform you of the time frame for returns, any conditions that must be met, and whether you need to keep the original packaging.
Keep Your Receipt : Always keep your receipt or proof of purchase. This is essential for processing returns and refunds.
Contact the Retailer : If you need to return an item, contact the retailer directly. Many retailers have online return processes, while others may require you to visit a physical store.
Return the Item : Follow the retailer's instructions for returning the item. Ensure that it is in its original condition and packaging, if required.
Request a Refund : Once the retailer has received the returned item, request your refund. This should be processed within a reasonable time frame, usually within 14 days.

Special Considerations for Online Purchases

With the rise of online shopping, it's essential to know your rights when purchasing goods online:

Cooling-Off Period : When you buy goods online, you have a 14-day cooling-off period during which you can cancel your order for any reason. This applies even if the goods are not faulty, subject to some exceptions.
Return Shipping Costs : If you cancel an online order, you may be responsible for the return shipping costs unless the retailer offers free returns.
Refund Timeline : Retailers must issue refunds within 14 days of receiving the returned goods or receiving proof of return.

Conclusion

Understanding your legal rights when purchasing and returning goods in England is crucial, especially during the busy Christmas shopping season. By knowing your rights, you can shop with confidence, ensuring that you are protected in case of any issues with your purchases. Remember to keep your receipts, check return policies, and don’t hesitate to reach out to retailers if you have questions or concerns.

This Christmas, enjoy the festivities and the joy of giving, knowing that you are equipped with the knowledge to handle any shopping challenges that may arise. Happy shopping!

If you have any questions about your consumer rights or need legal assistance, feel free to contact us at Pinkney Grunwells Lawyers LLP. We are here to help you navigate your legal needs with care and understanding.

5 Tips for Resolving Disputes with Your Employer

Tue, 26 Nov 2024 12:59:58 GMT

Disputes in the workplace can be stressful and challenging. Whether it’s a disagreement over responsibilities, workplace conditions, or communication issues, knowing how to resolve these disputes effectively is crucial. In this blog, we’ll share five practical tips to help you navigate conflicts with your employer and find a resolution that works for everyone.

Tip 1 - Understand Your Rights

The first step in resolving disputes with your employer is to understand your rights as an employee. Familiarising yourself with employment laws can empower you to address issues confidently.

Know Your Rights: Research your rights regarding workplace conditions, pay, and treatment. Resources like the Citizens Advice Bureau or ACAS (Advisory, Conciliation and Arbitration Service) can provide valuable information.

Stay Informed: Keep up to date with any changes in employment law that may affect your rights. This knowledge can help you advocate for yourself effectively.

Tip 2 - Communicate Openly

Open communication is key to resolving disputes. Here are some tips for approaching difficult conversations with your employer:

Be Direct but Respectful: Clearly express your concerns without being confrontational. Use "I" statements to share how you feel, such as "I feel overwhelmed with my current workload."

Choose the Right Time and Place: Find a suitable time to discuss your concerns when both you and your employer can focus on the conversation without distractions.

Listen Actively: Be open to your employer's perspective. Listening can help you understand their viewpoint and find common ground.

Tip 3 - Document Everything

Keeping records of your interactions and any disputes is essential. Here’s what to document:

Keep a Record: Write down dates, times, and details of conversations related to the dispute. This documentation can be helpful if the issue escalates.

Save Emails and Messages: Keep copies of any relevant emails or messages that are related to the dispute. These can serve as evidence if needed.

Note Changes: If there are any changes in your work conditions or responsibilities, document them as well. This information can support your case.

Tip 4 - Seek Mediation

If direct communication doesn’t resolve the issue, consider seeking mediation. Mediation is a process where a neutral third party helps facilitate a conversation between you and your employer to find a resolution. Here’s how to approach it:

What is Mediation?: Mediation involves a trained mediator who guides the discussion, helping both parties express their views and work towards a solution.

Requesting Mediation: If you feel comfortable, suggest mediation to your employer. You can say something like, "I think it might help if we had a neutral party assist us in discussing this issue."

Benefits of Mediation: Mediation can lead to a quicker resolution and often helps maintain a positive working relationship. It’s a less formal process than going through legal channels, making it a good first step.

Tip 5 - Know When to Escalate

Sometimes, despite your best efforts, disputes may not be resolved. Knowing when to escalate the issue is important. Here’s what to consider:

Assess the Situation: If the dispute continues and affects your work or well-being, it may be time to escalate. Consider whether you’ve tried all other options first.

Approach Higher Management or HR: If mediation doesn’t work, you can bring the issue to higher management or your Human Resources department. Prepare your documentation to present your case clearly.

Understand the Process: Familiarise yourself with your company’s grievance procedure. This will help you navigate the escalation process effectively.

Decide if you require legal advice: Sometimes dealing with employment disputes can be overwhelming and complex. Seeking legal advice at an early stage can help make things easier to understand and take away some of the stress.

How can we help?

If you’re facing a dispute with your employer and need legal assistance, don’t hesitate to reach out to our dedication team at Pinkney Grunwells Lawyers. Our Civil Litigation team is here to help you understand your rights and find the best path forward.

Understanding the Vital Role of an Attorney in a Lasting Power of Attorney (LPA)

Wed, 07 Aug 2024 13:43:04 GMT

Setting up a Lasting Power of Attorney (LPA) is a crucial step in safeguarding your future. It ensures that someone you trust will manage your affairs if you become unable to do so. The role of an attorney in an LPA is both significant and demanding. In this blog, we will explore the duties, responsibilities, and considerations involved in being an attorney in an LPA.

Understanding the Lasting Power of Attorney

A Lasting Power of Attorney is a legal document that allows an individual (the donor) to appoint one or more people (the attorneys) to make decisions on their behalf. There are two types of LPAs:

Health and Welfare LPA: Covers decisions about the donor's personal health and welfare, including medical treatment and living arrangements.
Property and Financial Affairs LPA: Pertains to managing the donor's financial matters, such as paying bills, managing bank accounts, and selling property.

The Responsibilities of an Attorney

As an attorney, your primary responsibility is to act in the best interests of the donor. This involves several key duties:

1. Acting in the Best Interests

Decision-Making: Every decision you make must be in the best interests of the donor. This includes considering their past and present wishes, values, and beliefs.
Consultation: Where possible, consult with the donor about their preferences and seek input from family members or other relevant parties.

2. Maintaining Accurate Records

Financial Management: Keep detailed records of all transactions and decisions made on behalf of the donor. This includes receipts, bank statements, and notes on conversations or decisions.
Transparency: Be prepared to provide these records to the Office of the Public Guardian (OPG) or the court if requested.

3. Ensuring Legal Compliance

Legal Framework: Familiarise yourself with the Mental Capacity Act 2005, which governs the duties of an attorney.
Restrictions: Adhere to any restrictions or conditions specified in the LPA document.

Decision-Making Under a Health and Welfare LPA

Under a Health and Welfare LPA, your responsibilities include making decisions about:

1. Medical Treatment

Consent: Provide or refuse consent to medical treatment based on the donor’s best interests.
Consultation: Work closely with healthcare professionals to ensure decisions align with medical advice and the donor’s wishes.

2. Living Arrangements

Accommodation: Decide where the donor should live, whether it’s at home, in a care home, or another setting.
Care: Arrange for the donor’s care and support, ensuring their needs are met effectively.

3. Daily Routine

Personal Care: Make decisions about the donor’s daily routine, including diet, clothing, and activities.
Social Interaction: Facilitate social interactions and activities that align with the donor’s interests and well-being.

Decision-Making Under a Property and Financial Affairs LPA

For a Property and Financial Affairs LPA, your duties involve managing the donor’s financial matters:

1. Financial Transactions

Banking: Manage bank accounts, including paying bills, transferring funds, and ensuring sufficient funds are available for the donor’s needs.
Investments: Handle investments and ensure they are managed prudently.

2. Property Management

Real Estate: Buy, sell, or rent property as needed, ensuring the donor’s best interests are prioritised.
Maintenance: Oversee the maintenance and upkeep of the donor’s property.

3. Budgeting

Income and Expenses: Create and manage a budget to ensure the donor’s income is used effectively to cover their expenses.
Tax Affairs: Manage the donor’s tax affairs, including filing returns and ensuring compliance with tax laws.

Challenges and Considerations

Being an attorney comes with several challenges:

1. Emotional and Ethical Considerations

Stress: Making decisions for a loved one can be emotionally taxing. It’s essential to seek support and guidance when needed.
Conflicts of Interest: Always prioritise the donor’s interests above your own to avoid conflicts of interest.

2. Capacity Assessments

Mental Capacity: Regularly assess the donor’s mental capacity to ensure they still need your assistance and make decisions accordingly.

3. Seeking Professional Advice

Legal Advice: Don’t hesitate to seek legal advice if you are unsure about your duties or if complex decisions arise.
Financial Advice: For financial matters, consider consulting with financial advisors to ensure the donor’s assets are managed effectively.

Conclusion

Being an attorney under a Lasting Power of Attorney is a role of significant responsibility and trust. It requires a deep commitment to acting in the best interests of the donor, maintaining detailed records, and adhering to legal standards. At Pinkney Grunwells Lawyers LLP, we understand the complexities involved in this role and are here to provide expert guidance and support.

If you have been appointed as an attorney or are considering setting up an LPA, our experienced team can help you navigate the process with confidence.

Understanding Legal Rights for Unmarried Couples

Tue, 16 Jul 2024 13:15:42 GMT

In today's society, many couples choose to live together without getting married. While this choice can offer flexibility and independence, it also raises important legal considerations. Unmarried couples do not have the same legal protections and rights as married couples, especially in areas such as property ownership, parental rights, and financial support. At Pinkney Grunwells Lawyers LLP, we help you understand your rights and plan for the future.

Key Legal Considerations for Unmarried Couples

Property Ownership

When unmarried couples purchase property together, it's crucial to understand how ownership is structured. There are two main ways to hold property:

Joint Tenants

If you are joint tenants, on the death of the first of you to die the survivor is automatically entitled to the whole of the property, regardless of what is stated in the will of the deceased owner and regardless of the Rules of Intestacy, which apply where no Will is left.

If you proceed as joint tenants you will, in effect, own the property in equal shares and each of you is entitled to one half of the net proceeds of sale.

Any owner of a property and party to a joint tenancy can sever or break the joint tenancy at any time by serving written notice on the other owner(s). If the joint tenancy is severed then the owners of the property become tenants in common (see below).

Tenants in Common

If you are tenants in common, the survivor of you would not automatically inherit the whole property when the other owner dies. Each owner can leave his or her share to whomever (s)he wishes by Will. If there is no Will the Intestacy Rules would decide what happens to the deceased person’s share. The Intestacy Rules provide that the estate would usually pass to the nearest surviving relatives of the deceased.

If you own as tenants in common you can also determine the sizes of your respective shares. For example, you might each want to own a half share or you might prefer that your shares reflect your respective contributions to the purchase price.

You should also note that if you own the property as tenants in common that you should seriously consider making wills to prevent the operation of the Intestacy Rules. It might well be that your co-owner would not inherit under the Intestacy Rules and you might wish to ensure that he or she would own the whole property after your death.

There may be a number of other reasons why it will be appropriate for you to own a property jointly as tenants in common with separate identifiable shares or percentages, for example:-

There may be future Inheritance or Capital Gains Tax implications if you own the property jointly as joint tenants so that upon the death of one or other of you the survivor would then own the whole of the property.

There may be long term care implications where the entire property may have to be sold in order to pay for long term care.

It may be that the two parties have brought different amounts of money into the marriage/partnership and wish for this to be reflected in the way that the property is owned.

It may be that the different spouses or partners want to ensure that they can provide for different members of their respective families by leaving them a share in the property, rather than by leaving it to the other joint owner.

Sometimes funds are provided by other third parties i.e. a joint owner’s parent and this may need to be reflected in the way in which the property is owned.

In certain circumstances if you co-habit or become engaged to another person, that person may be able to pursue a claim against any property that you own. If you marry then your spouse will be able to pursue a claim against all of your assets including pensions and so it may be an advantage to enter into a prenuptial or cohabitation agreement or Declaration of Trust recording your intentions as to how a joint asset should be owned. If there is no agreement in place a court would infer that you were joint and equal owners of the property if there is no evidence to the contrary despite the unequal contributions to the purchase price.

These considerations can apply equally to the purchase of property in joint names or to the subsequent transfer of a property owned by one person into joint names.

Having a clear agreement in place can prevent disputes and ensure that both partners' interests are protected.

2. Parental Rights

Unmarried parents have the same rights and responsibilities towards their children as married parents, but establishing these rights can require additional steps:

Parental Responsibility: Mothers automatically have parental responsibility. Fathers also have it if they are named on the birth certificate or have a parental responsibility agreement or court order.

Child Support: Both parents are responsible for financially supporting their children. If you separate, you may need to formalise child support arrangements through a legal agreement or court order.

3. Cohabitation Agreements

A cohabitation agreement is a legal document that outlines how you and your partner will manage finances, property, and responsibilities. It can include:

How property and assets will be divided if you separate.

Arrangements for financial support.

Responsibilities for debts.

Parenting arrangements for any children.

Cohabitation agreements provide clarity and can help avoid disputes if your relationship ends.

4. Wills and Inheritance

Unlike married couples, unmarried partners do not automatically inherit from each other unless explicitly stated in a will. It's essential to:

Make a Will: Clearly state your wishes regarding who should inherit your assets.

Consider Life Insurance: Provide financial security for your partner in case of your death.

Update Beneficiaries: Ensure that any pension or insurance policies reflect your wishes.

5. Financial Agreements

Unmarried couples may choose to enter into financial agreements to outline how shared finances will be managed. This can include:

Joint Bank Accounts: Clear rules about contributions and withdrawals.

Shared Expenses: Agreements on how to split living costs, mortgage payments, and other expenses.

Why Choose Pinkney Grunwells Lawyers LLP?

Expert Advice: Our experienced solicitors are well-versed in the unique legal challenges faced by unmarried couples.

Personalised Service: We offer tailored advice and solutions to fit your specific circumstances.

Clear Communication: We explain your rights and options in plain English, ensuring you fully understand the legal implications of your choices.

Local Offices: With offices in Scarborough, Hunmanby, Bridlington, Driffield, and Whitby, we are on your doorstep with people to see face to face.

How We Can Help

At Pinkney Grunwells Lawyers LLP, we are committed to helping unmarried couples navigate their legal rights and responsibilities. We offer:

One off appointments: To discuss your situation and outline your options.

Cohabitation Agreements: Drafting and reviewing agreements tailored to your needs.

Wills and Estate Planning: Ensuring your wishes are clearly documented and legally binding.

Parental Responsibility: Advice and support on establishing and protecting parental rights.

If you are an unmarried couple seeking legal advice, contact Pinkney Grunwells Lawyers LLP today. We are here to help you protect your interests and plan for the future.

The Risks of Losing Capacity Without a Lasting Power of Attorney (LPA)

Mon, 15 Jul 2024 12:18:25 GMT

At Pinkney Grunwells Lawyers LLP, we often encounter clients who are unsure about the importance of a Lasting Power of Attorney (LPA). Many people think they will never need one or that it is something to consider only in old age. However, the reality is that losing capacity can happen at any age due to illness, injury, or other unforeseen circumstances. Without an LPA in place, you and your loved ones could face significant challenges. In this blog, we will discuss the risks and complications that arise when someone loses capacity without an LPA

What Happens When You Lose Capacity Without an LPA?

1. Court Intervention

If you lose the ability to make decisions and do not have an LPA, your family will need to apply to the Court of Protection to appoint a deputy. This process is often lengthy, costly, and stressful. The court decides who will manage your affairs, which might not align with your personal preferences.

2. Financial Difficulties

Without an LPA, your bank accounts could be frozen, leaving your loved ones unable to access funds to pay bills or manage your finances. This can lead to unpaid bills, debt accumulation, and financial strain on your family.

3. Uncertainty in Health and Welfare Decisions

In the absence of a Health and Welfare LPA, important decisions about your medical treatment and care will be left to medical professionals and social services. These decisions might not reflect your personal wishes or the preferences of your family.

4. Family Disputes

When there is no LPA, family members may disagree on who should take charge of your affairs. These disputes can create tension and conflict during an already stressful time. A clear, legally binding LPA can prevent such disagreements by clearly stating your chosen attorneys.

5. Lack of Personal Control

Without an LPA, you lose the ability to choose who will act on your behalf. The court-appointed deputy may not know your personal preferences, values, or specific needs. An LPA ensures that the people you trust manage your affairs according to your wishes.

The Benefits of Having an LPA

Quick and Effective Management

With an LPA, your chosen attorneys can immediately step in to manage your affairs, ensuring continuity and avoiding financial and administrative chaos.

2. Respect for Your Wishes

An LPA allows you to document your preferences for health and welfare decisions, ensuring that your values and desires are respected, even when you cannot express them yourself

3. Reduced Stress for Loved Ones

Knowing that your affairs are in the hands of trusted individuals provides peace of mind for both you and your family. It alleviates the burden of having to navigate complex legal processes during a difficult time.

4. Prevention of Disputes

Clear instructions within an LPA minimise the risk of family disputes by designating specific individuals to manage your affairs, thereby reducing ambiguity and conflict.

For more information about why you should make an LPA please read our past blog here .

How to Prepare an LPA

Creating an LPA is a straightforward process, but it requires careful thought and legal guidance. At Pinkney Grunwells Lawyers LLP, we provide comprehensive support to help you through each step:

Consultation : We begin with a detailed discussion to understand your needs and wishes.
Drafting : Our experienced solicitors draft your LPA documents, ensuring they reflect your instructions accurately.
Registration : We assist with the registration of your LPA with the Office of the Public Guardian, making it legally binding.

Conclusion

Losing capacity without an LPA can lead to significant financial, legal, and emotional difficulties for you and your loved ones. Taking the time to create an LPA is a proactive step that protects your interests and ensures your wishes are respected.

At Pinkney Grunwells Lawyers LLP, we are committed to helping you safeguard your future with clear, compassionate, and professional legal advice.

For more information or to begin the process of creating your LPA, contact us today. Secure your peace of mind.

Why You Should Make a Lasting Power of Attorney (LPA)

Wed, 26 Jun 2024 14:52:00 GMT

At Pinkney Grunwells Lawyers LLP, we often hear questions about the importance of making a Lasting Power of Attorney (LPA). Many people are unaware of the significant benefits and peace of mind an LPA can offer. In this blog, we will explore the reasons why creating an LPA is a prudent and essential step for your future planning.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more individuals (attorneys) to make decisions on your behalf if you lose the capacity to do so. There are two types of LPA:

Health and Welfare LPA : Covers decisions about your personal health and welfare, such as medical treatment and living arrangements.
Property and Financial Affairs LPA : Covers decisions about your financial matters, including managing bank accounts, paying bills, and selling property.

Why Should You Make an LPA?

Peace of Mind - Creating an LPA ensures that your wishes will be respected if you become unable to make decisions for yourself. Knowing that trusted individuals will manage your affairs provides peace of mind for you and your loved ones.
Avoiding Court Intervention - Without an LPA, if you lose mental capacity, your family may need to apply to the Court of Protection to appoint a deputy to manage your affairs. This process can be time-consuming, costly, and stressful. An LPA avoids the need for court intervention, ensuring a smoother transition.
Financial Security - A Property and Financial Affairs LPA allows your chosen attorneys to manage your finances effectively. This includes paying bills, collecting benefits, and managing investments. This ensures your financial affairs are in order, protecting your assets and reducing financial stress for your family.
Health and Welfare Decisions - A Health and Welfare LPA enables your attorneys to make crucial decisions about your care and medical treatment according to your preferences. This is especially important in situations where you cannot communicate your wishes.
Personal Choice - An LPA allows you to choose who will act on your behalf, ensuring that your affairs are managed by people you trust. This is far better than having a court-appointed deputy who may not know you personally.
Preventing Family Disputes - Having an LPA in place can prevent disagreements among family members about who should manage your affairs. Clear instructions and designated attorneys reduce the likelihood of conflicts, ensuring your wishes are followed.
Flexibility and Control - You can tailor your LPA to meet your specific needs and preferences. You can include instructions on how your attorneys should make decisions and even set limits on their powers. This flexibility allows you to maintain a degree of control over your future affairs.

How to Create an LPA

Creating an LPA is straightforward, but it requires careful consideration and proper legal advice. At Pinkney Grunwells Lawyers LLP, we guide you through each step of the process:

Consultation : Discuss your wishes and needs with our experienced lawyer.
Drafting : We draft the LPA documents, ensuring they accurately reflect your instructions.
Registration : We assist with registering the LPA with the Office of the Public Guardian, making it legally effective.

Conclusion

A Lasting Power of Attorney is more than just a legal document; it's a vital part of planning for your future. It ensures your wishes are respected, your affairs are managed by trusted individuals, and your loved ones are spared unnecessary stress and expense. At Pinkney Grunwells Lawyers LLP, we're here to help you take this important step with confidence and clarity.

For more information or to start the process of creating your LPA, contact us .

Your future, your choice, your peace of mind.

The Stages of Contentious Probate: A Step-by-Step Guide

Wed, 19 Jun 2024 14:47:51 GMT

Contentious probate, involving disputes over the administration of a deceased person’s estate, can be a challenging process. At Pinkney Grunwells Lawyers LLP, we understand the emotional and legal complexities involved. Here, we outline the key stages of contentious probate to help you navigate this journey with greater clarity and confidence.

1. Initial Concerns and Pre-Action Stage

Recognising a Problem: The first stage begins when a potential issue is identified. This might involve concerns about the validity of the will, the actions of the executors, or disputes over the distribution of assets.

Seeking Legal Advice: Early legal advice is crucial. Our experienced solicitors at Pinkney Grunwells Lawyers LLP can assess your situation, explain your options, and outline potential outcomes.

Pre-Action Protocol: Before formal proceedings, parties are encouraged to follow the pre-action protocol, which involves attempting to resolve the dispute without going to court. This might include exchanging information and documents, and entering into correspondence to clarify issues.

2. Investigating the Claim

Gathering Evidence: Collect relevant documents, such as the will, medical records, and any correspondence that may support your claim. Witness statements and expert opinions may also be necessary.

Valuing the Estate: Understanding the value of the estate can be crucial for resolving disputes, especially in cases involving claims for financial provision.

Mediation and Negotiation: Many disputes can be resolved through mediation, where an impartial mediator helps parties reach a mutually acceptable agreement. This process is often quicker and less costly than going to court.

3. Issuing a Claim

Filing a Claim: If mediation fails, the next step is to issue a claim in court. This involves submitting formal legal documents outlining your case and the relief sought.

Responding to a Claim: The defendants (usually the executors or other beneficiaries) must respond to the claim, setting out their position and any defences they wish to raise.

Case Management Conference: The court will usually schedule a case management conference to set a timetable for the case, including deadlines for evidence submission and dates for hearings.

4. Disclosure and Exchange of Evidence

Disclosure: Both parties are required to disclose all relevant documents to each other. This ensures that the case is decided based on all the available evidence and that each party is aware of the evidence the other holds.

Expert Reports: In some cases, expert evidence may be required. For example, medical experts might be needed to testify about the deceased’s mental capacity at the time the will was made.

Witness Statements: Both parties will prepare witness statements, detailing the facts of the case from their perspective.

5. Trial Preparation

Reviewing Evidence: Both parties review the disclosed evidence and prepare their cases for trial.

Pre-Trial Review: The court may hold a pre-trial review to ensure that both parties are ready for trial and to resolve any outstanding procedural issues.

Settlement Offers: Even at this late stage, parties may attempt to settle the dispute out of court to avoid the uncertainties and costs of a trial.

6. Trial

Presenting the Case: At trial, both parties present their cases to the judge, including witness testimony and cross-examination.

Judgement: The judge will deliver a judgement based on the evidence presented. This judgement may involve validating or invalidating the will, removing executors, or redistributing assets.

7. Post-Trial

Implementing the Judgment: The parties must comply with the court’s decision. This might involve redistributing assets or appointing new executors.

Appeals: If a party is dissatisfied with the judgement, they may seek permission to appeal. Appeals are typically based on errors in law or procedure, rather than re-evaluating factual evidence.

Conclusion

Navigating contentious probate can be a daunting process, but understanding the stages involved can provide clarity and direction. At Pinkney Grunwells Lawyers LLP, we are dedicated to guiding you through each step with expert legal advice and compassionate support. If you are facing a contentious probate issue we are here to help.

Top 5 legal tips for businesses

Tue, 11 Jun 2024 11:09:27 GMT

Navigating the legal landscape is crucial for any business. Here are five essential legal tips to help ensure your business operates smoothly and stays compliant.

1. Create Clear Contracts

Every business transaction should be backed by a clear, detailed contract. This includes agreements with clients, suppliers, employees, and partners. A well-drafted contract outlines each party's rights and obligations, payment terms, and procedures for resolving disputes. Having clear contracts helps prevent misunderstandings and protects your business in case of disagreements.

2. Protect Intellectual Property

Intellectual property (IP) is a valuable asset. Whether it's your brand name, logo, product designs, or proprietary processes, ensure they are legally protected. Register trademarks, copyrights, and patents to secure exclusive rights. This not only safeguards your creations but also adds value to your business and deters potential infringers

3. Comply with Employment Laws

Employment laws are complex and ever-changing. Ensure your business complies with all relevant legislation, including minimum wage, working hours, health and safety regulations, and anti-discrimination laws. Clear employment contracts and policies are essential. Regularly update them to reflect current laws and provide training to your staff to maintain compliance and foster a positive work environment.

4. Ensure Data Protection

Data protection is critical, especially with stringent regulations like the GDPR (General Data Protection Regulation). Implement robust data protection policies to safeguard personal information collected from customers, employees, and partners. Ensure you have clear consent for data usage, and take measures to secure data against breaches. Non-compliance can lead to significant fines and damage your business's reputation.

5. Plan for Disputes

Despite best efforts, disputes can arise. Having a plan for disputes is crucial. Include dispute resolution clauses in your contracts, specifying mediation or arbitration before resorting to litigation. This approach can save time, money, and maintain business relationships. Additionally, have legal representation ready to assist in such situations as they can provide swift guidance and support.

Conclusion

Staying ahead of legal requirements and protecting your business interests are key to long-term success. Clear contracts, IP protection, compliance with employment and data laws, and effective dispute resolution are essential components. At Pinkney Grunwells Lawyers LLP, our experienced team is here to provide comprehensive legal support tailored to your business needs. Contact us today for expert advice and guidance.

Understanding Leasehold Property in the UK

Wed, 22 May 2024 15:14:51 GMT

When buying a property in the UK, you might encounter the term 'leasehold'. It's a common property ownership model, but it's important to understand what it means and how it differs from 'freehold'. This blog aims to demystify leasehold property and highlight key points you need to know.

What is Leasehold Property?

In a leasehold arrangement, you are purchasing a lease from a freeholder, for the right to occupy the property for a set number of years, exclusively. How long you own the property for, typically varies from 90 years, all the way up to 999 years. Since you are leasing the property (or part of it), you will not own the land on which the property is built on. Although you will own the leasehold interest, you will still be classed a Tenant whilst the party who own the freehold will be the Landlord (or Freeholder).

Why leasehold?

There can be a number of reasons. One good reason is the greater ability for both the Freeholder and the Leaseholder(s) to enforce both positive and negative covenants (restrictions and conditions which the occupation of the property is subject to). Another can be the physical location of the property. For example, building a block of flats close to a town/city centre would be more practical than individual, freehold houses. Where this is the case, arranging the properties as leases would be more manageable.

Although the term, lease is broad in nature, for the purposes of this blog article, we will only consider long residential leases. These leases have a capital value and unlike short-term residential lettings, there are usually few controls on the tenant’s ability to sell or mortgage (Charge) the property. Therefore, leasehold properties can be bought and sold in a similar manner to freehold properties.

Key Features of Leasehold Property

Where residential leases are concerned, most leases follow a similar structure. Whilst your solicitor will advice you on specifics of your lease, broadly, the following appear in one way or another on any lease.

Demised premises: The lease must clearly define the extent of what is included. A detached building standing in its own ground should cause no issues of description (although this only applies to older leases), but when considering a flat in a block, additional care is required.
Lease Term: Leases are granted for a finite period, with a clear start and end date. We will not be considering Periodic Leases for the purpose of this article. The Term can vary from 90 years (we have seen some shorter terms) up to 999 years. In theory, once the Term of the lease ends (Determined), ownership of the property returns to the Landlord. The writer acknowledges that this is an oversimplification of this aspect since Tenants usually have a number of statutory rights to extend the terms of the lease and therefore, landlords are, in the normal course of a relationship, unable to regain vacant possession of the land and re-let.
Ground Rent: Since a leasehold arrangement is a form of long-term renting arrangement, by definition, there is a requirement for the tenant to pay the landlord, some form of rent. Following recent changes in Government Legislation, any new, long leases carry a symbolic, peppercorn (non-monetary) ground rent. This new legislation however does not apply in retrospect and therefore, any existing leases will carry a responsibility on the Tenant’s part to pay the ground rent as set out within the lease and subject to any rent review mechanisms. Such ground rents can vary from few to in some cases, hundreds of pounds each year.
Covenants: A lease will carry covenants; a set of rules which each occupier must abide by including the requirement to pay rent
Service Charges: These cover maintenance and repairs of communal areas and services. They can vary and sometimes be substantial.
Requirement for Consents and Restrictions: Lease agreements may have rules about altering the property or subletting. Always check these before making changes or renting out your home.

Pros and Cons of Leasehold Property

Pros:

Ability to enforce covenants: Unlike with freehold land, partes are more easily able to enforce covenants. With freehold land, positive covenants such as those with respect to repair are not directly enforceable against future owners. With leasehold properties, both positive and negative covenants are directly enforceable against successors in title.
Entry to market: where proximity/location to a city or town centre is primary to a tenant, generally at the expense of space, a leasehold property can be a more practical and a short-term cost-effective solution.

Cons:

Lease Length: Especially where the original lease term was for a shorter period of time (99 years for instance), the value of the capital value of the leasehold interest significantly diminishes with time. The reason for this, is that most mortgage lenders require at least 80 years of an unexpired Term for lending purposes, thus narrowing the number of potential buyers of your property. Extending a lease can be expensive.
Ongoing Costs: Ground rent and service charges can add up, impacting your budget. In addition, certain leases make it a requirement for the lease owner to serve appropriate Notices on the Landlord, each time the property is let-out or remortgaged. This process generally attracts additional administration fees.
Limited Control: Restrictions in the lease can limit how you use your property. These include, but not limited to restrictions on structural alterations and type of occupancy.

Extending Your Lease

If your lease is running low, extending it can preserve or even increase your property's value. Lease extensions can be complex and costly, so professional advice is crucial. Generally, you need to have owned the property for at least two years to apply for a lease extension.

Recent Reforms and Future Changes

The UK government has recognised issues with leasehold properties and is working on reforms. These include reducing ground rents to zero (as touched upon earlier) for new leases and simplifying the lease extension process. Staying informed about these changes can help you make better property decisions.

Tips for Leasehold Property Buyers

1. Read the Lease carefully: Understand all terms, including costs, restrictions, and the remaining lease term.

2. Consult Professionals: Get advice from solicitors or conveyancers experienced in leasehold properties.

3. Consider Future Costs: Factor in ground rent, service charges, and potential lease extension costs.

4. Check the Freeholder’s Reputation: Research the freeholder’s track record on maintenance and dispute resolution.

Conclusion

Leasehold property can be an excellent option, especially in high-value areas. However, understanding the terms and future obligations is crucial. At Pinkney Grunwells Lawyers LLP, we're here to help you navigate leasehold property issues, ensuring you make informed and confident decisions.

For more personalised advice, contact our Conveyancing team , we're here to assist you with all your property needs.

5 steps to follow during a neighbour dispute

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 18 Apr 2024 09:54:38 GMT

Neighbour disputes can be challenging to navigate, often leading to strained relationships and heightened tensions within communities. Whether it's a boundary dispute, noise complaint, or disagreement over property maintenance, finding a resolution that satisfies both parties is essential for maintaining harmony. In this blog post, we'll explore five steps for handling neighbour disputes effectively and peacefully.

1. Communication is Key: Open and respectful communication is the foundation for resolving neighbour disputes. Initiate a calm and constructive conversation with your neighbour to address the issue at hand. Choose a neutral setting and approach the discussion with empathy and understanding. Active listening can help both parties express their concerns and work towards finding a mutually acceptable solution.

2. Know Your Rights: Before engaging in discussions or taking any action, familiarize yourself with your rights and obligations as outlined in local laws and regulations. Understanding relevant property laws, and homeowners association rules can empower you to assert your rights while also respecting your neighbour’s legal boundaries. This can be time consuming and often confusing, we have a dedicated team at Pinkney Grunwells to provide you with your rights, laws and regulations should you need assistance.

3. Consider Mediation: If direct communication proves challenging or unproductive, consider seeking the assistance of a professional mediator. Mediation provides a structured and neutral environment for both parties to express their grievances and explore potential solutions with the help of a trained mediator. Mediation can often lead to more satisfactory outcomes compared to prolonged legal battles. On occasion, the Local Authority may be able to assist you to do this.

4. Document Everything: Keep detailed records of all interactions, including dates, times, and the nature of the dispute. Documenting incidents, correspondence, and any attempts at resolution can provide valuable evidence in case the dispute escalates and legal action becomes necessary. Be sure to maintain a factual and objective record to support your case.

5. Know When to Seek Legal Advice: While many neighbour disputes can be resolved amicably through communication and mediation, some may require legal intervention. If efforts to resolve the dispute fail or if the situation escalates it may be time to seek advice from a qualified Civil Litigation Solicitor. A qualified professional can assess your case, provide guidance on your rights, and represent you effectively if it becomes necessary.

Navigating neighbour disputes requires patience and a willingness to find a constructive solution. By implementing the steps above you can approach neighbour conflicts with integrity and achieve resolutions that preserve peace and harmony within your community. Remember, finding common ground and maintaining good neighbourly relations benefits everyone involved in the long run. But should this not work for your individual matter or you find it difficult to communicate with your neighbours then know Pinkney Grunwells are here to provide you with the experience and knowledge to guide you through.

Mitigate risk for your business by reviewing your contracts, agreements and policies

Thu, 30 Nov 2023 12:13:38 GMT

Maintaining a healthy and thriving business requires more than just managing daily operations. It also requires a proactive approach, which means keeping up to date with any relevant legal developments, highlighting potential issues within your business, and then dealing with them in order to mitigate risk and avoid future problems.

Many businesses fail to regularly update and review their terms, contracts, or policies. Some may have the same terms and policies in place from when the business was first set up – and that could become problematic in an ever-changing business and legal landscape and could potentially cause issues, and even see a business fall foul of the law. We believe prevention is better than cure and if your paperwork is correct this can mitigate any issues that may arise in the future.

What should you be reviewing?

Contracts and agreements

Contracts and agreements outline the rights, obligations, and expectations between the parties involved. Without careful attention to detail, these documents can become potential sources of dispute and financial risk. Conducting a thorough review of your contracts and agreements is essential to ensure they are robust, clear, and enforceable, and still reflect the agreement you wish to have with third parties.

Employment contracts and policies

Reviewing employment contracts and associated policies is vital to ensure you are compliant with employment laws and protect the rights of both employers and employees. A review should include making sure they are legally compliant and reflect your business’s current needs. In addition, you should be checking to establish if you need any essential policies such as anti-discrimination, harassment, and disciplinary policies.

Commercial leases and property agreements

For businesses that operate from rented premises, reviewing commercial leases and property agreements is crucial. Ideally you should have the leases and agreements checked over by a solicitor before signing but it is also critical you have these reviewed upon renewal.

Service agreements and third-party contracts

Reviewing service agreements and contracts with third-party suppliers or vendors is essential to safeguard your business’s interests. The agreements need to be fair, enforceable, and properly protect your rights.

Other things that may need reviewing are GDPR compliances and policies, industry specific regulations, intellectual property such as trademarks and copyrights, health and safety policies and risk assessments. This is just to name a few as every business will have its specific needs and requirements.

How can we help?

Our dedicated Civil Litigation Solicitors at Pinkney Grunwells are here to help you. You will benefit from their legal expertise and attention to detail to spot any potential risks leaving your business vulnerable. Our team can provide a thorough review of policies, contracts and agreements. We will be able to advise on any potential risks, spot any loopholes, ambiguities or outdated terms, help you understand your rights and responsibilities and address any issues appropriately in accordance with the latest laws, providing you with peace of mind knowing your business is protected.

Have you considered whether you require Planning Permission and/or Building Regulation Approval for works you are having carried out to your property?

Wed, 19 Jul 2023 13:57:46 GMT

It is a common issue, when selling properties, that sellers have undertook work to their property without obtaining the necessary Planning Permission and/or Building Regulation Approval.

This blog is a brief overview to provide guidance as to when Planning Permission and/or Building Regulation Approval should be sought for works you are intending to carry out to your property.

Planning Permission:

Briefly, you are most likely to require Planning Permission when:

* You want to make a major change to your property such as an extension.

* You want to change the use of your property.

Some building projects will not require Planning Permission; this is know as permitted development rights. If, however, your property is situated in a Conservation Area or is perhaps a Listed Building etc. then your property/land may be subject to an Article 4 Direction, registered as a Local Land Charge. An Article 4 Direction, in brief, restricts the scope of permitted development rights meaning works which would not usually require Planning Permission, will be required in this instance. If you are unsure whether you require Planning Permission, you should contact your Local Planning Authority who will be able to confirm this.

If Pinkney Grunwells Lawyers LLP are acting on your behalf in a purchase of a property, we will be able to advise you accordingly if you may require Planning Permission for any works you wish to undertake following completion on your purchase.

It is important to always have a Local Search undertaken, when purchasing a property, as this will reveal matters such as whether the property is situated in a Conservation Area, whether it is subject to an Article 4 Direction etc.

If the works require Planning Permission, again, you will need to apply through your Local Planning Authority. You must not start the works until you have received full Planning Permission from your Local Planning Authority. If your application for Planning Permission is refused, you can, firstly, attempt to come to an agreement with the Local Authority by adjusting your plans. If no agreement can be met, you can appeal the decision, albeit this can take several months to be decided.

If you happen to carry out works which require Planning Permission, without obtaining the same, you may be subject to enforcement action from the Local Planning Authority.

Building Regulation Approval:

Building Regulation Approval is completely separate to Planning Permission (discussed above); you may, however, require both (dependent on the extent of works you are undertaking).

The Building Regulations 2010 covers the construction and extension of buildings. Part 2, Regulation 3 of the 2010 Act defines “building work” as follows:

(a) the erection or extension of a building;

(b) the provision or extension of a controlled service or fitting in or in connection with a building;

(c)the material alteration of a building, or a controlled service or fitting, as mentioned previously;

(d) work required by regulation 6 (requirements relating to material change of use);

(e) the insertion of insulating material into the cavity wall of a building;

(f) work involving the underpinning of a building;

(g) work required by regulation 22 (requirements relating to a change of energy status);

(h) work required by regulation 23 (requirements relating to thermal elements);

(i) work required by regulation 28 (consequential improvements to energy performance).

Building Regulation Approval applies to numerous alteration projects such as:

* The replacement of fuse boxes and connected electrics;

* The installation of a bathroom that will involve plumbing;

* The changing of electrics near a bath or shower;

* The installation of a fixed air-conditioning system;

* The replacement of windows and doors;

* The replacement of roof coverings on pitched and flat roofs;

* The installation or replacement of a heating system; and

* The addition of extra radiators to a heating system.

Please note, the above list is not exhaustive, and you should always check with the appropriate Building Control Body who will be able to advise you accordingly as to whether your intended works will require Building Regulation Approval.

If Building Regulations are not complied with:

* The person doing the work could face prosecution.

* Your Local Authority could make you pay for any faulty work to be fixed.

* You will not be provided with a Building Regulation Compliance Certificate, which will cause issues for you when you come to sell your property.

If the work is not covered by Building Regulations, or the person carrying out the work is registered by the Competent Persons Scheme, then you do not need to apply for Approval. Again, if you are unsure, it is always best to double check with your Local Authority.

If you wish to apply for Building Regulation Approval, you will need to contact a Building Control Body. There are two types of Building Control Body’s:

1. Local Authority Building Control Body i.e. your local Council.

2. Private Building Control Body.

You can apply through private approved inspector who will inform your Local Authority about the work (this is called giving ‘Initial Notice’). It is therefore important to ensure that you obtain the relevant Planning Permission and/or Building Regulation Approval for works you intend to carry out to your home.

As discussed, if you are unsure, it is always best to check with your Local Authority who will be able to provide you with clarification in this regard. This will of course prevent issues from arising in the future if and when you come to sell your property, for example, and will of course prevent enforcement action been taken.

Written by Melissa Scott (FCILEx, BA (Hons)) ~ Chartered Legal Executive

I want to change my child's name, do I need the other parent’s permission?

Thu, 06 Jul 2023 10:55:15 GMT

A Change of Name Deed is a legal document that proves a change of name. A person can change their name, either by signing a Change of Name Deed or by applying to change their name by Deed Poll.

A person with parental responsibility for a child is able to change any part of that child’s name but the following will apply:-

For a child under the age of 16 you will require the consent of each person that has parental responsibility for that child. That is usually, but not always, the mother and the father of the child. Once the Change of Name process has been completed the child may then use this document for changing their name on official documents and records. You may also need to provide the original birth certificate as well.

If any person with parental responsibility for the child has not provided their consent by signing the Change of Name Deed then when applying for legal, administrative and official documents, such as passports and driving licences, the name change will not be allowed on that document.

If any person with parental responsibility does not consent to the name change, the other parent can make an application to court for a Specific Issue Order for permission to change the child’s name. The applicant would need to demonstrate that, in accordance with the welfare checklist, it would be in the child’s best interests for this Order to be made. A child’s name is considered an integral part of their identity and therefore this type of application is not taken lightly by the court.

It is vital that you seek professional legal advice when preparing a Change of Name Deed to make sure that it is done correctly and will not become a problem for the child at some point in the future. Online sites and companies can provide you with the forms to complete but they may not be able to give you important legal advice.

We have come across a case which in recent weeks has caused complications for the client because the child’s father had not signed the Change of Name Deed.

Mother has contacted us. She changed her child’s name online in 2018, without Father’s consent. She is now trying to apply for a passport for that child and the passport agency are rejecting the application as they need Father’s consent. Mother has spoken to the Father and he provided a letter that was unsigned, undated and without an address which the passport agency will still not accept as consent. They wanted a letter that was signed and with proof of ID. Father did not wish to send his ID as it was his original driving licence. The passport agency has said they will not now be issuing a passport in the child’s birth name or changed name without a court Order.

Family Solicitor, Catherine Webster , said “Normally the first step would be for the parties to attend mediation to see if they can reach an agreement. However, if we have written evidence from the passport agency that they will only accept a court order then we may be able to bypass that stage.

The costs for the Mother will be in the region of £1000 for legal fees plus a court fee of £232 for a simple case. Should there be a dispute costs could be in the region of £5000 plus court fees.

Ultimately if the Mother had received legal advice at the time she changed the child’s name she would have been advised that she needed to have Father’s consent and this issue would not have arisen. If she had done the change of name through us originally she would have been looking at £175 + VAT providing the Father consented.”

If you require help or advice with a change of name deed then please contact any of our offices and our experienced Family team will be happy to assist you.

A day in the life of a Trainee Solicitor

Thu, 20 Apr 2023 10:29:22 GMT

My name is Samuel Ashton and I am a Trainee Solicitor at Pinkney Grunwells Lawyers LLP. I joined Pinkney Grunwells in July 2022, straight after finishing my Law Degree.

As a Trainee, I will complete 3 different seats in different departments across our firm. I am currently sitting my second seat in residential conveyancing. In residential conveyancing I am learning about all the elements of purchases and sales of freehold and leasehold property, and putting this into practice.

In this blog post, I will give you an insight into a day in the life of a Trainee Solicitor in our conveyancing department.

Our morning starts at 9am. We check our emails and attend to any urgent matters which have come in overnight. Once we have settled these, we properly begin the rest of the day.

Today, I have been given the task of completing a Report on Title for a purchase transaction. The Report on Title is a lengthy report containing as much information and advice about a property as possible in order to provide our Clients with an in-depth overview about the property they are purchasing and any potential issues which have been identified during our investigations. The reports are very interesting to prepare as every property has different intricacies to write about and is very important for the Client as it gives them a full overview of the property they are buying. No report is ever the same.

After I have completed writing our report, I am required to draft a letter to the Client accompanying the report and prepare copies of all the enclosures. The bundle of documents that are sent to the client at times can be vast and can vary from Building Regulations Certificates to Indemnity Policies or old deeds such as Conveyances or Indentures. No stone can be unturned when buying or selling a property and we understand how big a decision buying a property is, so we ensure we are as meticulous as possible in covering all bases so our Clients can ascertain whether this property is right for them.

Once this bundle of documents is ready, we will prepare it to be posted to the Client so they can look at it in their own time and then advise us whether they are happy to proceed. This was a huge job and took me all morning, so I will now take my break for lunch.

This afternoon, I have been given a file which we have received documentation back on from the seller’s solicitors, and I have been given the job of looking over the file documents to see what enquiries need to be raised. For example, if a property has a conservatory, does it need Building Regulation Approval, has Building Regulation Approval been obtained and so on. This is only one of the observations we make on properties to ensure a high quality of conveyancing and to inform the Client thoroughly. We would also seek to obtain Building Regulations Certificates for works which have been undertaken and, if they have one, an accompanying Guarantee (where applicable). Once I have drafted my list of enquiries, I would have this checked by my supervisor and if it is satisfactory, send it off to the seller’s solicitors.

My final job of the day is a first registration of an unregistered property. Despite compulsory registration being in place since the introduction of the Law of Property Act 1925, many properties still remain unregistered at the Land Registry. Therefore, if a client decides to purchase a property which is unregistered, it is our job to register the property with HM Land Registry following completion of the purchase. In this case, we would receive an Epitome of Title from the seller’s solicitor, outlining exactly a “good root of title” to the property (a “good root of title” must demonstrate at least 15 years of ownership of a property, the legal and equitable interest of the property and a recognisable description of the property). Once we have received this from the seller, we should also be provided with a Search of the Index Map (SIMR) and a Land Charges Search. This ensures that the property has no charges against it (such as a mortgage), and that the plot of land which our buyer is purchasing has no pending applications over it. Once we have completed the purchase of an unregistered property, we will prepare an application for first registration and submit this to HM Land Registry for processing.

Throughout the day I make a list of the jobs which I have completed. At the end of the day I fill out my training record with the details of each job. The Training record is very important to my training period as I require this in order to provide evidence to show that I have demonstrated all of the Solicitor competencies which we are expected to uphold and to show that I have completed the minimum two years of qualifying work experience which is required to qualify as a Solicitor. I complete this record everyday to ensure that my record is as strong as possible and to keep it up to date.

That finishes the busy day of a trainee solicitor in the residential conveyancing department. I hope you have enjoyed this blog post.

Unregistered property or lost deeds?

Wed, 12 Apr 2023 14:31:25 GMT

As of September 2019, 87% of land in England and Wales is now registered with HM Land Registry. The remainder is known as unregistered land.

To refer to a property as unregistered does not mean that it has no owner but rather that the property or land has not been subject to a transaction, such as a sale or mortgage, since registration became compulsory in its area. So, some people may be living in an unregistered property if they haven’t moved (or re-mortgaged) since the 1980’s or before.

Voluntary first registration can be considered even if you are not selling, transferring or mortgaging your unregistered property.

The benefits of a voluntary first registration are :

You are provided with a documented proof of ownership of the property with a plan displaying your registered property boundaries
The Land Registry will assign a class of title to the property, which is guaranteed.
Selling or transferring the property is a more straightforward process. Some lawyers are reluctant to deal with unregistered titles due to lack of familiarity with the process and the need to fully review all the lengthy title deeds.
The registration process provides an opportunity for any defects in the title to be rectified which would otherwise remain undiscovered and this saves time on subsequent dealings with the property.
Helping to protect property from fraud.
The Land Registry is currently offering a 25% discount on their fee for voluntary first registrations.

All the while a property remains unregistered the only proof of ownership is the paper title deeds which can easily be lost or damaged. But all is not lost if the title deeds have been destroyed or damaged.

You can still apply to the Land Registry for voluntary first registration of a property. The Land Registry will require a Statement of Truth from the person claiming ownership of the property, providing a full account of the events that led to loss or destruction of the title deeds, together with any other documents relating to the title that can be produced by way of additional evidence. This could include correspondence or receipts from other parties who have been in possession of the title deeds for example a bank/building society or a previous firm of solicitors. The Land Registry will then review the application and decide whether to grant ownership of title based on the evidence presented to them.

If you would like us to assist you with your voluntary first registration of the property then please contact us using the forms or buttons below. Our experienced conveyancing team will be happy to help you.

Workplace temperatures - Is it too cold or hot to be at work?

Wed, 08 Mar 2023 16:09:23 GMT

With the cold weather making an appearance again we thought it might be a good time to talk about workplace temperatures.

Whilst some employers are still open to employees working from home or hybrid working, it is important to understand the legal requirements for temperatures in the workplace for those that are required to attend the workplace, are unable to carry out their role at home or where hybrid working is not something the employer offers.

The simple answer is there is no legal requirement for the workplace to be a certain temperature, in cold or hot weather. However, there is guidance, and it is important to keep the temperature at a comfortable level for employees in accordance with Health and Safety Regulations.

The Approved Code of Practice on the Workplace (Health, Safety and Welfare) Regulations suggest that the minimum temperature for working indoors should be 16 degrees or 13 degrees if the work involves physical effort. 16 degrees may still feel cold to some, and as most employers will know there is often a battle, especially an office environment, as to what the most comfortable temperature is.

There is no maximum temperature for workplaces. However, all workers are entitled to an environment where risks to their health and safety are properly controlled. Heat is classed as a hazard and comes with legal obligations like any other hazard.

As the recommended temperatures are not a legal requirement it is up to an employer to decide what amounts to a comfortable temperature in the context of their workplace. For example a bakery, office, warehouse or cold storage could all reasonably be expected to have varying temperatures.

Some practical tips for employers to consider in cold temperatures:

Allow employees to wear cardigans/ jumpers in the workplace
Provide heaters. Although, it is important to ensure heaters are PAT tested and employees know to turn them off at the end of the day
Allow staff to work from home if their job enables them to
Allow adequate rest breaks for employees to make hot drinks

Some practical tips for employers to consider in hot temperatures:

Allow staff to have regular breaks to have cool drinks
Allow a relaxed dress code to enable staff to wear loose, light clothing
Allow staff flexible working hours to avoid working in the hottest part of the day

We have a very experienced Civil Litigation team that can help you with any questions or concerns you may have regarding this or any other workplace problems you may be experiencing.

5 commonly asked questions following a separation

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Wed, 25 Jan 2023 14:48:59 GMT

Our Family Law team has a lot of questions to answer, but the same questions keep coming up

These are five of our most commonly asked questions …

Question 1: Does my ex-partner have an obligation to keep a roof over our children’s heads?

No, there is no law to say that a parent who doesn’t live with their children has to keep a roof over their children’s heads in the event of a separation from the other parent.

A non-resident parent does have to pay child maintenance, which is calculated based on how much they earn. That may not be enough to cover the rent or mortgage in full though, so the parent that the children live with would need to see if they have sufficient income from other sources (such as their wages, benefits, tax credits etc.) to cover their housing costs. If not, then the resident parent may need to consider moving home to reduce their outgoings.

If the non-resident parent has a lot of disposable income, and the resident parent is struggling financially, then spousal maintenance may be payable. Please note that spousal maintenance can only be paid if the parties were married. Our specialist team can give you advice on whether spousal maintenance should be paid in your case.

Question 2: Can I keep the house?

Every case is different and we have to look at each individually, so it is very hard to say what will happen to matrimonial homes or other jointly owned property. However, the three most common outcomes are:

One party buys the other out of the property by paying them a lump sum and having the house transferred to them. This would usually be on the basis that they are also able to release the other party from any existing mortgage.
One party is able to remain living in the house until any minor children are over 18, at which point the house is sold and the money divided.
The house is sold now and the money is divided between the parties.

How much each party gets or the level of lump sum payable by one party to the other will depend on the level of overall assets in the matrimonial pot.

Our experienced team can advise you on what assets should form part of the pot, and what percentage you should expect to receive from it.

Question 3: How expensive is it to use a solicitor?

There are three ways of funding a family law case:

Legal Aid: If you are eligible for Legal Aid, then the Legal Aid Agency will cover the cost of your family law case. However, you have to be on a very low income and have evidence to show you or your children have suffered abuse at the hands of your ex-partner. For more information about Legal Aid and eligibility please visit https://www.gov.uk/legal-aid or call one of our team to discuss your matter further.
Fixed fee: Some solicitors charge a fixed fee for specific work. For example, we charge a fixed fee to deal with a straightforward, undefended divorce from start to finish. It doesn’t matter how many telephone calls we make or letters we write, you will still only be charged the fixed fee.
Hourly rate: This is where you pay an hourly rate, for example £235 plus VAT, and you are billed usually once a month. Your bill will set out how much work (in minutes) the solicitor has undertaken on your file. Your solicitor must give you an estimate of your total costs at the start of your matter, and keep that estimate under review as your case progresses.

We believe in being transparent on costs and billing, so you won’t have any hidden surprises but each case is different and it can be difficult to give an exact cost.

Question 4: How do I protect my pension?

Pensions can be dealt with in several different ways. They can be subject to a pension sharing order, where a percentage of your fund value is transferred now to your ex-spouse. Alternatively, if you wanted to protect your pension, its value can be offset against other capital assets. For example, you could agree to give your ex-spouse more of the equity in the house on the condition that you keep all of your pension.

Question 5: Does my ex have to agree to a divorce?

No. Either party can petition for a divorce after 1 year of marriage. It will not require the other parties consent. All new petitions are presented on the grounds of “irretrievable breakdown of the marriage”. The is now commonly known as a ‘no fault’ divorce.

We hope this blog has helped answer some of your family law questions surrounding separation, but please give us a call if you would like an appointment with one of our experienced solicitors, who can give you specific advice on your individual case.

Anthony Matthew joins our Driffield office

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 08 Dec 2022 15:26:07 GMT

Our Driffield office has expanded in recent months with additional staff bringing more knowledge and experience to the town

From left to right: Maureen Smith (Conveyancing Assistant), Gillian French (Private Client Assistant), Anthony Matthew (Conveyancing Practitioner), Hayley Garnett (Partner and Civil Litigation Solicitor), Philip Taylor (Agricultural and Commercial Property Solicitor), Laura Thorne (Agricultural and Commercial Property Solicitor), Manda Faulkner (Office Manager) and Amy Hook (Private Client Solicitor)

*Photo courtesy of Driffield and Wolds Weekly*

Partner and Civil Litigation Solicitor, Hayley Garnett said:

"We opened our Driffield office in 2016 and to begin with it was very much a satellite office, with our solicitors travelling to see clients rather than being based here. However, over the last few years we've gradually expanded and the workload has increased along with the population of Driffield. We now have a full time Private Client Solicitor, Conveyancer and two Agricultural and Commercial Property Solicitors."

"Anthony Matthew has joined us from another national legal practice, bringing a wealth of conveyancing knowledge and we are already having really good reviews and client feedback."

"Laura Thorne was one of our Trainee Solicitors that recently qualified and did her training with Philip Taylor, who has always worked in large city firms. He is one of the best legal brains in the area and we are really lucky to have him and Laura has the benefit of all that knowledge, which helped her qualify last month."

"Generally, there aren't enough Solicitors in the area and trying to find good staff is really difficult and especially to attract them to this area. We have been really lucky that the people we have found recently have been excellent and have a wealth of experience to deal with our increasing client base with lots of new customers and lots of new enquiries."

New Rates of Stamp Duty Land Tax

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Wed, 26 Oct 2022 10:01:55 GMT

You will no doubt all be aware of the changes the Government enforced on the 23 ^rd September 2022. One of the many changes the Government announced on the 23 ^rd September 2022 was changes to the Stamp Duty Land Tax payable in England and Northern Ireland. This change was enforced to provide financial assistance in cutting the tax payable on certain transactions.

I am Melissa Noble and I work in the Scarborough Conveyancing Department as an Advanced Paralegal and deal with Stamp Duty Land Tax queries on a regular basis; I therefore wanted to prepare a blog providing a brief overview into Stamp Duty Land Tax and the recent changes in order to provide guidance to any prospective purchasers. This blog provides a brief insight into the changes which have been made and how they may affect you.*

Stamp Duty Land Tax (SDLT) is payable on purchases of property or land in England and Northern Ireland over a certain price (the tax payable for property or land in Scotland and Wales differs). SDLT will become payable on the purchase of freehold and leasehold property, property purchased through a shared ownership scheme, land or property transferred in exchange for payment etc. (please note, this is not an extensive list of when SDLT will become payable).

The amount of SDLT payable is dependent on the transaction in question i.e. whether the land or property is residential, non-residential or mixed use, whether any relief or exemptions are applicable (i.e. first time buyer’s relief), whether you are a non-UK resident etc. You will of course be advised of the SDLT payable dependent on your circumstances.

Within the Government announcement on the 23 ^rd September 2022, the following changes were introduced to SDLT:

The level at which people begin paying SDLT on a residential property was doubled from £125,000.00 to £250,000.00.

The level at which first time buyers begin paying SDLT was increased from £300,000.00 to £425,000.00. Additionally, the Government now allows first time buyers to access the relief when they purchase a property costing less than £625,000.00 rather than the previous £500,000.00.

Given that the threshold was raised to £250,000.00, the standard percentage of the residential rates payable were thus amended. The following table indicates the percentage of SDLT payable on standard residential transactions:

The Higher Rates on additional dwellings apply to purchases of additional properties and are 3 percentage points above the standard residential rates, as delineated in the following table:

Please note, changes were not made to the rates of SDLT payable for non-residential and mixed land and property transactions. For transactions involving non-residential or mixed (“mixed use”) land or property, the SDLT payable remains payable on increasing portions of the property price (or consideration) when you pay £150,000.00 or more. For information purposes, non-residential property includes: commercial property (i.e. shops or offices), property which is not suitable to live in, forests, agricultural land that is part of a working farm or used for agricultural reasons, any other land or property that is not part of a dwelling’s garden or grounds and 6 or more residential properties purchased in a single transaction. A “mixed” property is one which has both a residential and non-residential element i.e. a flat connected to a shop.

The changes made to the SDLT payable on the 23 ^rd September 2022 is a permanent measure, applicable only in England and Northern Ireland (as stated previously, the rules differ for Scotland and Wales).

Pinkney Grunwells Conveyancing team are here to help and guide you throughout your property transaction and we are happy to talk you through any of the stamp duty changes.

*At Pinkney Grunwells Lawyers LLP, we can advise you on the standard basic rate of Stamp Duty Land Tax payable upon purchasing your property or land. However, there are a number of circumstances where the basic rate does not apply and a higher rate of Stamp Duty Land Tax is applicable, which means the amount of Stamp Duty you will have to pay is significantly more expensive than that payable on the basic rate. Please note, however, we are not tax advisors and it remains your obligation to ensure you tell us which rate applies to you so we can correctly complete the Stamp Duty Land Tax form on your behalf and make the relevant payment to Her Majesty’s Revenue and Customs on your behalf; we are not tax specialists and would always recommend you to seek independent tax advice about your possible Stamp Duty liability.

Conveyancing Charges by Amy Arnold

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Tue, 18 Oct 2022 10:35:27 GMT

Welcome to Pinkney Grunwells Conveyancing blog. If you’re reading this perhaps you are considering buying or selling a property or instructing us in a different type of Conveyancing transaction. As you can see from our website, we offer a wide variety of Conveyancing services by qualified staff who are happy to discuss your needs if you would like to make contact with us.

My name is Amy Arnold, and I am one of the property solicitors at Pinkney Grunwells and am based primarily at our Whitby office.

I’ve been in practice now for…well, a long time(!) and I know that for you, of paramount importance in choosing a solicitor is what it will cost. This is completely understandable in normal circumstances and even more so in the current economic climate.

Usually, our blogs consist of legal updates or information we think would be of assistance to our clients. This blog is to talk to you a little bit about our charging arrangements in Conveyancing, something the Law Society and the Solicitors Regulatory Authority require we publish on our website (in relation to residential property transactions).

Many years ago, the Law Society set the price that solicitors could charge. This is now not the case, but we are required to be transparent about legal fees and provide clients with as much information as we are able to both at the outset of the transaction and as matters progress.

If you are here on this page, it may be the case that you have been reviewing our fees to find out what charges you will incur if you decide to instruct us. Thank you for considering using our services and please contact us to discuss any questions you may have!

As well as providing information about our charges, we also need to manage clients’ expectations about all sorts of considerations in a Conveyancing transaction. Timescales is usually very high on the list for clients and what our work will consist of and how much information you will be provided with. Managing expectations is also required about our level of fees.

Whilst we will always do our utmost to give you an accurate costs estimate at the outset of a transaction, unfortunately, not all Conveyancing work is straightforward. Residential Conveyancing can be incredibly complex and time consuming for the solicitors trying to meet your goal of buying and/or selling a property.

When I discuss with clients what our charges will be I do explain that whilst our fees (on a residential sale and/or purchase) are based on the value of the transaction, there are occasions where the price we have given does not reflect the amount of work that has been or will need to be undertaken. In these instances, we must reserve the right to increase our fees. It is recognised that this can be worrying for clients in trying to calculate their expenditure but at the time we are asked to provide a quotation, we have not reviewed the title deeds to the property, are unaware of any complex legal issues or defects that need to be resolved etc. We want to be able to help you achieve completion but sometimes there are significant complications that must be addressed both for your benefit and also (in respect of a purchase) a bank or building society if you are obtaining a mortgage.

I use the analogy that if you have a problem with a vehicle and telephone the garage asking for a price, they will say that they can’t give you a price before seeing the vehicle and determining what is wrong with it. Fixed prices can be given for an MOT or a service but it is impossible for a garage to quantify the price for anything else without seeing the vehicle. Our work is the same.

We will always endeavour to update you as quickly as possible about any changes to our fees when we become aware that matters are ‘non-standard’ or considerably more time consuming where investigations are needed that were not anticipated when we provided our estimate and this blog is intended to clarify why this might be the case.

Problems with rights of way, issues with searches (including planning and building regulation approval), drainage, overriding interests are just a few examples of where a transaction can become significantly more complicated. Occasionally, issues cannot be resolved and in those instances we have to advise clients that we do not recommend that they proceed but ultimately, we are here to help you achieve your goal not stop you which can mean we have to undertake far more legal work than was envisaged.

Our standard fee scales work on a number of assumptions, namely;

1. The property has a good and marketable title. This means that ownership can clearly be evidenced, that the title deeds include all appropriate rights that are required for the use of the property and there are no restrictive covenants that prevent or impact the current use of the property.

2. That the property receives acceptable pre-contract search results undertaken with the local authority, the water authority, and the environment agency.

3. That there are no tenancies of the property that are to continue after completion and that the property is being sold with vacant possession.

4. That there are no ongoing disputes

5. That the other party to the transaction are independently represented by another solicitor or conveyancer

6. That any mortgage is a standard mortgage from a known high street lender that subscribes to the CML Lenders handbook

7. That the purchaser is not a company or an overseas entity and that the funding of the transaction has originated in a UK bank account.

8. That the property is registered at the land registry on one title or, if currently unregistered, is demised in one Conveyance or transfer.

9. That the property is freehold or a standard residential long leasehold title (for which a leasehold supplement will apply)

We do publish some supplemental fees on our website, but these again are linked to standard assumptions and where a transaction does not meet these assumptions we will have to discuss with you the further charges that will need to be made.

This Blog is not intended to contradict our standard fees and I’m pleased to say that in many of our transactions these fees are accurate! I do, however, feel that it is important to explain why the fee you ultimately pay may be higher than our original estimate.

I hope that this information is helpful. We are always here to assist and look forward to discussing any Conveyancing work you wish to instruct us upon.

Amy Arnold

Hayley Garnett warns of Will Writing companies

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Tue, 19 Apr 2022 12:18:10 GMT

"I saw an elderly lady recently who went to an unregulated Will Writing Company and said she wanted to protect her home from being sold for care home fees, should she require such care in the future. She was advised to produce a Will and put her home in a Trust.

They produced very technical documentation that was very lengthy and then charged her nearly £3,000. The lady told me they had been very helpful as they had allowed her to pay them monthly!

The company has now contacted her and said they needed to amend the paperwork and she needed to re-sign a document. The reason for re-signing was unclear although the inference was that they realised they had made an error and needed to correct it. The document they sent her was a Deed but did not have the correct signature clause meaning that Deed would be invalid.

They had sent her a letter initially saying Trusts were a good idea to help mitigate Inheritance Tax liabilities. There was no mention of avoiding care home fees, as presumably, they knew this could not be done.

I went through the documents and told her what had been produced originally was completely unnecessary. It is not possible to entirely protect your home from being taken by Social Services for care home fees. If it was, everyone would do it and nobody would pay any care fees! Her home was worth £100k so there was no prospect of her ever paying Inheritance Tax. There were also lots of clauses in there that were not required, presumably to pad out the paperwork and justify their ridiculous fee.

In short she had been miss-sold the entire product and paid extortionate fees for the privilege.

I told her if she had wanted us to do that work for her, we being trained solicitors with specialist expertise in such matters, and being regulated by the Solicitors Regulation Authority, and having insurance to cover any issues in the future, we would have probably charged her around £500 plus vat. Although of course we would have advised her that she wanted to do was not possible and did not do what she wanted it to do.

Please do not use unregulated companies to produce documentation that can have such far reaching effects. Use a regulated specialist solicitor who is fully insured so you have proper comeback if there are any issues, and who will charge you a reasonable rate for work that will help you achieve your goals."

No Fault Divorce is almost here

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Tue, 05 Apr 2022 09:15:52 GMT

From 6 ^th April 2022, the new law on no fault divorce in the UK will bring the long awaited reform of an area of law that has not been changed since 1973.

Soon, separating couples will be able to get a divorce, civil partnership dissolution or legal separation without placing blame on each other for the breakdown of the relationship.

What is changing with no fault divorce?

Under the changes in the law, separating couples will no longer have to rely on one of the 5 reasons for divorce to prove the ground of divorce which has caused the breakdown of the relationship. The 5 reasons were:

Unreasonable behaviour
Adultery (not for civil partnership dissolution)
Desertion for at least 2 years
Separation for at least 2 years with the consent of both parties
Separation for at least 5 years even if one party disagrees

Currently, the divorce petition is brought by one party who must effectively blame the other party for the divorce. If the other party disagrees with the divorce or the reason given they can contest the divorce.

The new law will instead encourage a more constructive and less acrimonious approach, and trusting the judgement of the couple involved.

Why does the divorce law need updating?

The divorce law has been criticised for many years for being outdated and in some cases causing further conflict between both parties by creating a “blame game” which is unnecessary. In many cases there is no conflict and the couple have naturally grown apart with no one to blame. Under the new law the court will grant the divorce without having to investigation any reasoning.

Even where conflict does lie between both parties many believe that if one party wants to divorce they should not be forced to stay married if the other doesn’t agree with their reasoning.

There have been many concerning cases over the years of people being forced to remain married to someone that may be incompatible or worse, abusive. In 2018 a woman lost her Supreme Court battle to divorce her husband, forcing her to remain married against her will until they had been separated for 5 years which would then allow her to get divorced without her husband’s consent. It was following this case that the Government finally responded to calls to make changes to the divorce law.

How will no fault divorce work?

The new Divorce, Dissolution and Separation Bill which introduces no fault divorce will:

Keep the sole ground of irretrievable breakdown of the relationship
Remove the need to establish one of more facts to prove the irretrievable breakdown
Update the divorce language e.g. Decree Nisi will become Conditional Order, Decree Absolute will become Final Order, Petitioner (person submitting the form) will become Applicant
Introduction of Joint Applications where both parties agree that the relationship has irretrievably broken down
Remove the ability to contest a divorce, dissolution or separation

What does no fault divorce mean for couples that are separating?

If both parties agree they can make a joint application for divorce allowing them to have an amicable separation
No more blame
No one need worry about their partner contesting the divorce forcing them to go to court, saving considerable time, stress and cost
With the new timescales it will take approximately 7 months for the divorce to finalise. This time is intended to be used for reflection for both parties to consider if they truly want to separate
During this period both parties will need to make arrangements for their finances, maintenance payments if applicable, child contact/residence and other issues

When are the changes coming in to place?

The no fault divorce was announced in February 2019 the changes will come into force on 6 ^th April 2022.

Should I wait for no fault divorce to come in to place?

If you are already in the process and have started divorce proceedings it is probably beneficial to continue. As we have previously mentioned, the vast majority of divorces go through without any issues and both parties agree that the relationship has broken down beyond repair. However you are unable to start divorce proceedings now using any of the previously mentioned reasons. All new applications must be using the new “no fault base” procedure.

What do we think about no fault divorce?

Managing Partner and family law Solicitor Teresa Bennion said:

“I think I can speak for many Lawyers when I say how pleased we are to finally see in force this long awaited piece of legislation . Separating couples often have so much to deal with such as sorting out appropriate arrangements for the children along with the financial arrangements. The process can already be very difficult, emotionally and financially without needlessly citing blame within the divorce papers. All of our family lawyers at Pinkney Grunwells are members of RESOLUTION and so we will always try to help our clients to find a resolution in a way that reduces conflict. This new Divorce Law goes a long way to help us achieve this.”

How can we help?

At Pinkney Grunwells we have an experienced family team able to assist and guide you through all aspects of family law. We recognise that each case is different and our advice and service is tailored to your individual circumstances.

We are members of the Law Society Family Law Advanced Accreditation scheme which is awarded for our skills and experience as well as the high standards of client care.

Quick guide to legal disputes

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 20 Jan 2022 10:52:59 GMT

The most common disputes we come across fall into the following categories, financial disputes, neighbour disputes, employment disputes, landlord and tenant disputes and consumer disputes.

In these quick guides we’ve outlined your steps for our most commonly seen disputes.

Financial disputes

Financial disputes generally arise when a person believes another person or company owes them money. This can be down to a number of reasons including a contractual claim, or negligence on the part of the other party, or simply a debt.

For claims of money owed of £10,000 or less you can make a claim which will probably be listed in the small claims track. A small claim is a court process which is designed specifically for smaller, simpler disputes over money or items valuing £10,000 or less.

Our Litigation team can help you by completing the claims paperwork to make sure it is correct before submitting it or you can do it yourself. We offer advice for every step involved and you can dip in and out of our advice, asking us to deal with as much or as little as you would like.

Claims over £10,000 can also be issued through the County Court. If you are successful in your claim you can request the Defendant contribute towards the legal fees you have incurred. Equally, if you are unsuccessful you may be ordered to pay the Defendants legal fees. Again, our experienced Litigation team are on hand to help guide you, and we would advise that legal advice is sought throughout this process

There will be a court fee to issue your claim and the fees can be checked here https://www.gov.uk/make-court-claim-for-money/court-fees

Neighbour disputes

Neighbour disputes are wide ranging but most commonly tend to fall in to these areas:

Boundary disputes
Noise/nuisance disputes
Planning disputes

In many cases you can communicate with your neighbour directly and come to a mutually agreeable conclusion.

Of course, in some cases, this may be easier said than done. Further action should be taken against your neighbours if the issue is unreasonable or substantially interrupts the use or enjoyment of your home or premises, or if you feel the issue is impacting your health. In these situations you may need to instruct solicitors to provide you with expert legal advice.

You will also need to instruct solicitors if there is some confusion as to what your respective rights are in relation to the boundary on your property, if your interpretations of the Land Registry title documents or the property deeds do not provide clarity or are not agreed by each party.

Employment disputes

Employment disputes usually fall in to three categories:

Grievances - where you raise concerns, problems or complaints with your employer.
Disciplinary – where your employer has concerns about your work, conduct or absence, or you wish to discipline an employee.
Contractual issues – where disagreements may occur over something within the employment contract

The first step would be to speak to your employer/employee to see if the issues can be resolved informally. Should this not be possible then formal action can be taken.

If formal action is taken or contractual issues are not able to be agreed between both employer and employee then it is best to seek legal advice to see what your legal rights are. Our expert Civil Litigation team are on hand to offer you guidance and make sure your legal rights are not being breached and can advise you in relation to any claim to the Employment Tribunal or County Court, or give you advice in relation to a Settlement Agreement to record any agreement you may reach.

Landlord and tenant disputes

Landlord and tenant disputes can arise over many issues. It could be that the property is not in a good state of repair, there are rent arrears, or you may simply need to have the property returned to you if you are the Landlord.

A great first step to try and avoid issues in the future it to make sure the tenancy agreement is correct and you are happy with the terms before signing. It may be that you need to make amendments or changes to your agreement to make sure it covers what you want. Our team can check these for you or create new agreements for you. In addition the legislation surrounding tenancies is a mine field and a Landlord is required to serve lots of information on the tenant at the beginning of the tenancy to ensure they are able to recover possession later down the line. We can advise you on this to ensure you meet all regulatory requirements.

Like in most disputes, trying to get both parties to communicate informally to resolve the issue is the best outcome as it is less costly and time consuming. However, this is not always possible and in some cases it can cause issues further in time as there is nothing officially documented as to what was agreed. As soon as either party feel there is an issue that cannot be informally resolved then we recommend seeking legal advice before things escalate and become more complex. Our Civil Litigation team are here to offer help and guidance to landlord and tenants on their rights and obligations.

Consumer disputes

We recently did a blog focusing on consumers rights but at a glance the steps to take should you find yourself with faulty goods are as follows.

STEP 1. Contact the retailer

Tell them you want to reject the item and would like a full refund. If the item is genuinely faulty and 30 days have not elapsed since the purchase, you should get a refund.

You will probably need to provide proof of purchase but remember this doesn’t have to be a receipt. It can be a credit card or bank statement, a cheque stub or any other evidence

STEP 2. If the retailer rejects your claim

Check to see if the faulty goods are covered by the manufacturer's guarantee. If they are then tell the manufacturer about the fault and ask for a refund.

STEP 3. If neither the retailer nor manufacturer offers a refund

Write to the retailer again formally rejecting the faulty goods under the Consumer Rights Act 2015. Explain that you will take the matter further.

STEP 4. If the retailer still does not offer a refund

At this point you may want to consider getting the item replaced or repaired instead. If, however, you are adamant that you want a refund, you may be able to take the case to the court.

STEP 5. Seek legal advice

If none of the above has worked it is now a good time to seek legal advice to assist. Our Civil Litigation team can send a formal “letter before action”, which is often enough to get a positive response from the seller.

STEP 6. Taking it to court

Taking a case to court should always be a last resort and we advise doing all the above steps before considering taking it further. But sometimes these steps won’t work and cases do end up in court. Please refer to our financial disputes sections further up for more information.

How can we help you?

Our experienced team are here to help you resolve any dispute you may have. We will be able to:

Assess your claim
Provide an estimate for how much the costs will be
Provide possible outcomes
Look for options that avoid court
Guide you through the whole process
Communicate with the defendant on your behalf
Serve the defendant or court with your claim or intention to take legal action
Represent you in court
Enforce judgments made by the court

Consumers Rights Act

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Tue, 21 Dec 2021 12:48:38 GMT

Your rights and options if you buy faulty goods

When it comes to faulty goods, many consumers are unaware of the protection and statutory rights they are legally entitled to.

Sellers can often exploit their customers uncertainty and violate their statutory rights by avoiding their legal responsibility to resolve situations by offering refunds, repairs or replacements.

Consumers Rights Act 2015

With UK consumers spending approx £90 billion a month it is only right that the Consumers Rights Act is clear and easy to understand meaning that consumers can buy and businesses can sell to them with confidence. Transparent rights help make better choices when buying and can save time and money.

Under the Consumer Rights Act 2015, traders are legally responsible to sell goods which are:

· ‘As described’, meaning the actual product must match any description given to the customer before purchase by which the goods are identified.

· ‘Of satisfactory quality’, that is they are of a standard that would reasonably be expected taking into consideration the price paid and description. In appropriate circumstances the quality of the goods will include freedom from minor defects, durability, safety, and appearance and finish.

· ‘Fit for all purposes’ made known to the seller at the time of purchase

The act states that if goods turn out to not fulfil any of these criteria, you have the right to demand a refund from the seller unless you have accepted the goods. The act provides that goods have been ‘accepted’ by the buyer where:

· You tell the seller you have accepted them;

· You do something to or with them which prevents you from giving the goods back in their original state, such as altering, consuming or damaging them;

· You keep the goods for 30 days without rejecting them.

It is a good idea to report any fault to the seller as soon as you become aware of it. If you do wish to reject the goods you must give clear notice of this to the seller.

If you allow 30 days to elapse then you no longer have an automatic right to reject goods, but you are still entitled to get the item repaired or replaced for free instead. Goods which do not conform to the contract at any time within the period of six months from delivery of the goods are taken not to have conformed to it on delivery and there are things you can ask the seller to do to resolve those issues.

How to get a refund for faulty goods

You must give the seller clear notice that the item is rejected within 30 days for a refund to be given. If a fault develops soon after you purchased an item, or if it was faulty straight away, meaning the goods are not of satisfactory quality, then you are entitled to a full refund from the retailer.

STEP 1. Contact the retailer

Tell them you want to reject the item and would like a full refund. If the item is genuinely faulty and 30 days have not elapsed since the purchase, you should get a refund.

You will probably need to provide proof of purchase but remember this doesn’t always have to be a receipt. It can be a credit card or bank statement, a witness, a cheque stub or any other evidence

STEP 2. If the retailer rejects your claim

Check to see if the faulty goods are covered by the manufacturer's guarantee. If they are then tell the manufacturer about the fault and ask for a refund.

STEP 4. If the retailer still does not offer a refund

At this point you may want to consider getting the item replaced or repaired instead. If, however, you are adamant that you want a refund, you may be able to take the case to the court.

STEP 5. Seek legal advice

If none of the above has worked it is now a good time to seek legal advice to assist. Our Litigation team can send a “letter before action”, which is often enough to get a positive response from the seller.

STEP 6. Taking it to court

Taking a case to court should always be a last resort and we advise doing all the above steps before considering taking it further. But sometimes these steps don’t always work and cases do end up in court.

For claims up to £10,000 you can look to take the case to the County Court as a small claims matter. Our Litigation team can help you by completing the claims paperwork to make sure it is correct before submitting it or you can do it yourself. We offer advice for every step involved and you can dip in and out of our advice, dealing with as much or as little as you would like. There will be a court fee to issue your claim and the fees can be checked here https://www.gov.uk/make-court-claim-for-money/court-fees

Claims over £10,000 can be issued through the County Court. Again, our experienced Litigation team are on hand to help guide you through this process, and we would advise that legal advice is sought throughout this process. If you are successful in your claim you can request the Defendant repay the legal fees you have incurred. Equally, if you are unsuccessful you may be ordered to pay the Defendants legal fees.

Faulty goods paid for with a credit card

If you paid for the faulty goods with a credit card and they cost between £100 and £30,000, the credit card company will be jointly liable with the seller if the goods are not of satisfactory quality; this would mean you are entitled to a refund from either the seller or your credit card provider under Section 75 of the Consumer Credit Act. You can also use this method if the retailer goes out of business after you buy the faulty goods.

How can we help?

Our Litigation team are here to help you as little or as much as you'd like. Our experienced team are able to provide you with clear advice to get the results you would like. We are just a click or call away.

Domestic Abuse Act 2021

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 02 Dec 2021 15:00:50 GMT

If you or your children are in immediate danger, please call 999 and ask for the police. You can also call the 24-Hour National Domestic Violence Helpline on 0808 2000 247.

4 years since the Domestic Abuse bill was promised in the Queens Speech 2017, it finally became law in April 2021 and a further set of provisions, primarily in family law proceedings, came into force on 1 ^st October 2021. The bill was campaigned for by survivors, activists, charities and legal professionals for many years and finally vital changes have taken place to go beyond criminal reforms and will cover the family courts, housing and health.

Key changes in the Domestic Abuse Act 2021

Legal definition of domestic abuse has now changed to recognise children as victims
A legal duty on councils to fund support for survivors in safe accommodation
A Domestic Abuse Commissioner to stand up for survivors and lifesaving domestic abuse services
New protections in the family and civil courts for survivors which includes a ban on abusers cross examining their victims and a guarantee that survivors can access special measures such as separate waiting rooms, entrances, exits and screens
New criminal offences including post-separation coercive control, non-fatal strangulation and threats to disclose private sexual images
A ban on abusers being able to use ‘rough sex’ as a defence
A guarantee that all survivors will be prioritised for housing, and will keep a secure tenancy in social housing if they need to escape an abuser
A ban on GPs charging for medical evidence of domestic abuse, including for legal aid
A duty on the government to issue a code of practice on how data is shared

What is domestic abuse?

The UK government’s definition of domestic violence is ‘any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to psychological, physical, sexual, financial, and emotional.’

The Domestic Abuse Act states that for something to be classed as domestic abuse there must be three components:

The perpetrator and victim are both aged 16 or over;
The behaviour is abusive;
They have been in a relationship that makes them personally connected

What counts as abusive behaviour?

Abusive behaviour can include but not limited to the following:

Physical or sexual abuse – This could include a person carrying out a physical or sexual act without consent
Violent or threating behaviour – Even if the perpetrator doesn’t carry out a violent act but threatens to, this is still abusive behaviour.
Controlling or coercive behaviour – The Explanatory notes of the Domestic Abuse Act state the following:

Controlling behaviour is ‘a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour’.

Coercive behaviour is ‘a continuing act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten their victim’.

Economic abuse – The Act explains that this means any behaviour that adversely effects the victim’s ability to ‘acquire, use or maintain money or other property’ or ‘obtain goods or services’.
Psychological, emotional or other abuse – Abuse may be verbal and designed to impact the victim psychologically and emotionally.

What to do if you are a victim of domestic abuse

All forms of domestic abuse are unacceptable in any situation.

If you’re experiencing domestic abuse and feel frightened of, or controlled by, a partner, an ex-partner or family member, it’s important to remember that it’s not your fault and there is no shame in seeking help. You do not need to wait for an emergency situation to find help.

It may feel like a difficult step to take, but there is support available and you are not alone.

If you are in an abusive relationship, you might want to:

Get help and advice from a domestic abuse charity or organisation such as Womens Aid, Mens Advice Line, Refuge and many more.
Find somewhere safe to stay (If you need to escape from domestic abuse then any restrictions or self-isolation rules relating to Coronavirus (COVID-19) do NOT apply.)
Report the violence to the police
Take legal action

Can I check if someone has an abusive past?

If you are concerned that a new, former or existing partner has an abusive past you can ask the police to check under the Domestic Violence Disclosure Scheme, also known as ‘Clare’s Law’. If records show that you may be at risk of domestic abuse, the police will consider disclosing the information. A disclosure will be made if it is legal, proportionate and necessary to do so.

If you are concerned about a friend or family member, you can apply for a disclosure on behalf of someone you know.

It is important to remember that an abuser could still have a history of domestic abuse, even if the police don’t give you information about them. The police mi ght not have given you information because either they didn’t think it would help keep you safe or the abuse wasn’t reported.

Taking legal action when domestic abuse is involved

Taking legal action with an experience family lawyers is vital once you are safe and feel ready to do so. We will be able to help you with things such as ending your marriage or civil partnership, child arrangements for who can see them and when, sorting out any property owned or belongings left behind just to list a few.

You may be entitled to Legal Aid to help with your legal costs including advice and help if you have to go to court. You can check to see if you would qualify for legal aid here https://www.gov.uk/check-legal-aid or call the office and speak to our Family team who will be able to assist you.

How can I protect my children from domestic abuse?

If you are a victim of domestic abuse you may be able to apply for a court order or injunction to protect yourself and your children from your current partner, previous partner, family members or someone you currently or previously live with. These are called Non Molestation or occupation orders. Our experience Family team will be able to assist you with this.

Domestic abuse statistics

The Office of National Statistics published on 24th November 2021 the following statistics:

In the year ending March 2021, the number of domestic abuse-related incidents recorded by the police in England and Wales was 613,929. This is an increase of 6% compared with the year ending March 2020.

Of all crimes recorded by the police in the year ending March 2021, 18% were domestic abuse related. This was an increase of three percent compared with 15% the previous year.

If you need to escape from domestic abuse then any restrictions or self-isolation rules relating to Coronavirus (COVID-19) do NOT apply.

How can we help?

Our experienced Family team will be able to help you when you feel ready. We will explain all options available to you and go at your pace. We have vast experience in dealing with domestic violence matters and we will guide you every step of the way. You can email, call or use the contact form below to discuss things further.

The importance of partnership agreements

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 04 Nov 2021 09:59:10 GMT

If you are running a business with another person or persons with a view to making a profit then you are in a partnership.

Like many others, you may not have a formally documented Partnership Agreement to regulate how the partners interact, and your rights and obligations within the partnership. People who have a family run business often will not have a Partnership Agreement relying on their familial relationship. It is vital for all partnerships to have a Partnership Agreement in order to try and pre-empt any problems that otherwise be very costly to resolve. If you do not have an agreement you are governed by a statute from 1890! This is often not at all helpful to modern businesses.

Benefits of having a Partnership Agreement

Provides certainty in many issues that may arise such as how decisions are made to how profit is shared out between partners.
Prevents costly issues occurring should things go wrong as you have a written document evidencing what is agreed by partners.
Reduces the potential for misunderstandings in future by the Partnership Agreement covering any unwritten rules or agreements in respect of the business.
Partnership Agreements override the default provisions of the Partnership Act 1890.

What is the default Partnership Act 1890?

If you do not have a formally written Partnership Agreement then your business will be governed by the provisions of the Partnership Act 1890. In most cases the provisions will not be what you or your business partner would want and may not be desirable for the business.

Examples of the provisions in the Partnership Act 1890

The partnership will automatically dissolve if any partner dies.
Any partner can bring the partnership to an end by giving notice.
All partners will have an equal say in the business meaning any issues could lead to lengthy unresolved disputes.
All partners can take management of the business.
All partners will be entitled to equal shares of capital and profit.
All partners will have to equally contribute to any loses and be liable to any debt or obligations even if they have left the partnership.
It is not possible to remove a partner from the partnership, the only option is to end the partnership.

These are just some of the provisions in the Partnership Act 1890 and often these are not suitable for your business or partnership. If this is the case it is vital for you to make a formally written Partnership Agreement to set out terms that you and your business partner are happy with.

Things to consider for your Partnership Agreement

A Partnership Agreement can be written at any point, even if you have been in business for a long time, this is not something just for new businesses or partnerships.

When creating your Partnership Agreement the most common things that are covered are:

Amount of capital introduced by each partner.
How profit and loss is dealt with between partners.
Duties and powers of each partner such as who can make decisions, what is expected of each partner etc.
Employment issues such as holidays, maternity leave, benefits etc.
What happens should a partner wish to leave or dies.
What happens if a disagreement occurs and how it will be resolved.
How often meetings will be held and who will be able to vote on decisions.
Can someone else join the partnership and if so how will that be done.

Your Partnership Agreement can include many more things and most importantly will include what you and your partner wish to have included.

How can Pinkney Grunwells help?

At Pinkney Grunwells we are here to help you tailor your Partnership Agreement to best suit the needs of you and your business. Our specialist team are on hand to guide you through every step and explain everything in plain English to create the best agreement to make your business run smoothly.

If you wish to discuss Partnership Agreements further then contact us here .

Legal jargon explained

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 16 Sep 2021 15:46:57 GMT

We try to use plain English where possible to make everything simple to understand but sometimes we just cannot escape having to use some legal terms which are unfamiliar to most.

We have created a list of legal terms you may see us use with a short definition.

A

Allegation - a claim made against someone, often without proof.

Alternative dispute resolution - arbitration and mediation are alternative ways in which a dispute can be resolved, without going to court.

Ancillary relief - an application for financial support, following the presentation of a petition for divorce, nullity or judicial separation.

Arbitration - a way of seeking to resolve a dispute without going to court: a third party (the arbitrator) looks at both sides of the dispute and makes a decision as to how it should be resolved.

Assets - things owned by a person or organisation which usually have some value.

Barrister - a lawyer regulated by the Bar Standards Board, often specialising in court room representation, drafting pleadings and expert legal opinions.

Beneficiary - someone who is entitled to a benefit (e.g. under a will or trust).

Chambers - a collection of independent, self-employed barristers who share employed clerks to administer work, and who share the expense of such clerks, office buildings and brand name.

Chattels - personal belongings that can be moved from one place to another.

Civil law - the area of law covering disputes you may have with a person or an organisation.

Claimant - a person making a claim.

Compromise agreements - This is a legal document which is used in employment cases and confirms the terms of the settlement you have agreed.

Conveyancing - the process involved in buying, selling or re-mortgaging a property to transfer its legal title from one person to another.

Counsel - a term used to describe a barrister.

Creditor - a person or organisation to whom money is owed.

Court of protection - when someone is mentally incapable of making a particular decision at a particular time, and they haven't made a lasting power of attorney, and the decision isn't one that can be made on an informal basis, the matter can be referred to the Court of Protection. The court may either choose to make the decision itself on the person's behalf, or choose someone else, known as a 'deputy', to make the decision for them.

Damages - an award, typically of money, paid to a person or organisation for loss or injury.

Decree Absolute – the final court order which ends a marriage.

Decree Nisi - a provisional court order which orders that a marriage should be dissolved.

Disbursement - fees that are paid to third party organisations as part of legal services. For example, this could be a payment made by your lawyer to a local authority for property information when buying a house.

Estate - a person's property, entitlements or obligations.

Executor - someone named in a will who will carry out the directions of the will.

Fee earners - employees of firms who deliver legal services.

Grants of representation - this includes grants of probate (when there is a will) and grants of letters of administration (when there is no will). Often people just refer to probate even if there is no will.

Hearing - a legal proceeding where the facts of a particular issue are looked at, and evidence is presented to help decide what the outcome should be.

Indemnity - compensation for - or protection against - loss or damages that might be given by one person to another within a contract or otherwise.

Inheritance - parts of someone's estate passing to someone on death.

Insolvent - being unable to pay debts when they are due or where liabilities exceed assets.

Interest - a right or claim to something.

Interim proceedings - hearings that take place between the first hearing and the final hearing.

Intervention - when a regulator takes control of the papers and monies of a legal practice in order to protect the public.

Intestate - any person who dies without leaving a will.

Judge - a judge presides over court proceedings and hears all witnesses and evidence presented by the parties of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand, based on his or her interpretation of the law and his or her own personal judgment.

Lasting power of attorney - a lasting power of attorney carries on, or 'lasts', even after you have become unable to manage your affairs, whether temporarily or permanently, or because of an illness, disability or accident. Lasting powers of attorney have now replaced enduring powers of attorney, although valid enduring powers of attorney made before 1 October 2007 can still be used.

Legal executive - a lawyer regulated by ILEX Professional Standards.

Legal Ombudsman - an independent body set up to deal with complaints of poor service about lawyers and law firms of England and Wales.

Liable - when someone is legally responsible for something.

Litigation - the contested process before a court.

Litigant - a person involved in a claim in court.

Magistrate - non-legal volunteer who hears cases in their community and administers the law, usually in a court that deals with minor offences and holds preliminary hearings for more serious ones.

Mediation - mediation and arbitration are alternative ways in which a dispute can be resolved, without going to court.

Notary - a lawyer regulated by the Faculty Office of the Archbishop of Canterbury. Notaries are primarily concerned with the authentication and certification of signatures, authority and capacity relating to documents for use abroad.

Obligation - a requirement to take a particular type of action, which may have a legal basis through a contract.

Omission - a failure to perform a particular act where there was a duty or a legal requirement for that act to be carried out.

Paralegal - A Paralegal is a person qualified through education and training to carry out advanced legal work that requires knowledge of the law and procedures. Paralegals generally support lawyers in their work.

Probate - a legal permission provided by a Probate Registry for someone to deal with someone else's estate after they die. A Probate Registry is an office where someone can be interviewed in order to be provided with a probate permission.

Solicitors Regulation Authority (SRA) – the SRA regulates solicitors in England and Wales. Their purpose is to protect the public by ensuring that solicitors meet high standards, and by acting when risks are identified.

Tribunal - a person or group of people who collectively have authority to judge and/or determine claims or disputes.

Unfair dismissal – a claim an employee is entitled to make against their former employer if they feel there was no good reason for their dismissal.

Unlawful - illegal or contrary to social convention.

Will - a legal document that declares a person's wishes about the way their estate should be handled when they die.

Welcome Jennifer Lee and Philip Taylor

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Tue, 07 Sep 2021 09:43:36 GMT

Jennifer Lee and Philip Taylor join our Driffield office

Pinkney Grunwells is a well-established local law firm dating back to 1938 with offices in Bridlington, Hunmanby, Scarborough and Whitby. Our Driffield office opened in March 2016 and has gained popularity and grown in numbers since.

Jennifer Lee qualified as a Chartered Legal Executive in 2014. Obtained her law degree from Lincoln University she went to work in various law firms within Residential Conveyancing, but when the market crashed in 2008 she changed paths briefly and went to work in Litigation before specialising in Residential Conveyancing. Jennifer can deal with the purchase and sale of residential property including freehold and leasehold.

When she’s not at work Jennifer enjoys spending time outdoors climbing, walking and gardening.

Philip Taylor qualified as a Solicitor in 1987. He obtained his law degree from Oxford University in 1981 before becoming a Master of Arts in 1986. Since starting his career Philip has created an impressive list of clients including some top household names in the world of property investment, retail, manufacturing and logistics. Philip now specialises in Agricultural and Farming and Commercial Law including negotiating options for gas pipelines, windfarm cables and other infrastructure. Beyond that he has a strong background in all aspects of commercial developments, freehold and leasehold transactions predominantly involving industrial, warehouse, office and shop properties.

When he is not at work Philip enjoys reading, cycling and walking.

Hayley Garnett, Partner of Pinkney Grunwells said:

“Jennifer and Philip bring a wealth of experience and exceptional knowledge with them, not only to Pinkney Grunwells but to the town. They both share our passion to provide a top quality service to our clients and we are delighted to have them join our firm.”

* All photos courtesy of Driffield & Wolds Weekly *

Everything you need to know about unregistered property

Thu, 26 Aug 2021 10:23:42 GMT

What is unregistered property?

Historically when land or property transferred ownership, a Conveyance would be drawn up to evidence this. As and when that owner came to dispose of their property, they would produce their Conveyance to their Solicitor as proof of ownership of a Property. The Conveyance documents would then over time form a bundle to show the history of the ownership of a property, which is why sometimes you see old documents of parchment, ribbon and wax when you buy a house, as these are the property deeds. Generally when a property is unregistered, the owner will hold a bundle of deeds as mentioned above.

What is land registration?

Land registration was first introduced to England and Wales in the late 1800's however registration of property and land was only voluntary at this time. It took until 1990 for the whole of England and Wales to be subject to compulsory registration.

From 1990 onwards, any "disposition" of a property would trigger compulsory land registration. A disposition could include a death of a sole proprietor, a sale, a charge/mortgage of the property or appointment of a new trustee. If any of these triggers occurred, HM Land Registry (the body who holds the electronic record of ownership of property/land) were notified and the ownership of the property was recorded and updated.

This is still the case today whenever property changes ownership or whenever there is a disposition.

What is an electronic record of ownership?

You may hear your Solicitor use the words "Office Copy" or "title". When a trigger event occurs, if the property is not already registered, HM Land Registry are notified and they are sent all the relevant original deeds by the Solicitor (who draws up an Epitome of Title to check the ownership and send the relevant deeds). The Land Registry then use these deeds to build the electronic title for the property. They collate all the information from the old Conveyance documents including any rights granted and reserved, any covenants, any restrictions or notices and any charges, and put this all into one document. This is known as the Office Copy/title.

The property is then given a unique Title Number which stays with the property and HM Land Registry holds an electronic copy of the title. This can be requested at any time for £3.00, together with a plan showing the extent of the property registered under that title, which costs a further £3.00.

At this point, your property is registered.

How do I know if my property is registered?

If you have an Office Copy or a Title Number, then your property is registered and the plan drawn up by HM Land Registry should show the full extent of the land/property within your ownership.

If you still hold all the original Conveyance deeds and documents dating back years, then it may be that your property is unregistered. Your Solicitor will be able to carry out a quick check for you with HM Land Registry if you are unsure.

If you have an Office Copy or Title Number and still have your old Conveyance deeds too, then this is great, although generally the Conveyance deeds are useless upon the production of an electronic Office Copy, as this now contains all the information relevant to the property at present. The old deeds are however a great thing to keep for a look into the history of a property and conveyancers are always happy to look through them and pass these on to any new owners if you come to sell/buy a property.

What if my property is unregistered?

Although registration has been compulsory now for over 30 years, 14% of freehold land in England and Wales still remains unregistered and the likely reason behind this is that a trigger event has not occurred.

If you plan to sell an unregistered property, or charge it, or transfer it, then you will need to ensure you have the deeds to give to your Solicitor at the time of your sale. It will not slow a transaction down, so long as you have all the relevant deeds and there are no issues in relation to proof of ownership.

Can I register my unregistered property?

Yes. You do not have to wait for a trigger event to register your property. Because HM Land Registry are encouraging property/land owners to register their properties, they offer reduced land registration fees as an incentive.

What does this mean?

If you would like to register your property so that HM Land Registry hold an electronic copy of the ownership, you would need to instruct your Solicitor to do the Voluntary First Registration. The Solicitor will usually charge a fixed fee to do this and the work involves preparing an Epitome of Title (documenting all relevant deeds needed for the registration), carrying out a Land Charges Search against the owner(s) and carrying out a Search of the Index Map to ensure there is no caution registered against the land/property for first registration.

The Solicitor then copies and sends the documents to HM Land Registry and the Land Registry charge an administration fee to collate the information and produce the Office Copy. The fee depends on the value of the property at the time the application is submitted and this is something your Solicitor can advise you of at the time.

What are the benefits of registering my unregistered property?

Many people wait until a trigger event, however it is always beneficial to consider whether registering your property now would be a good idea. Below are just a few things to consider:

· If you hold the original deeds and documents for the property, there is a risk that these could be lost or damaged. If this occurs, you may struggle to register your property in the future, or to sell your property, as there may be no other record of your ownership of the property.

· If your property is registered, then it is clear who owns it. It also means HM Land Registry have you up to date address (as this may be different to the property address), therefore if at any point anyone tries to register a notice or restriction or charge against the property, you would be notified.

· You can sign up to HM Land Registry “protect your property from fraud” which would notify you if anyone tried to do anything in relation to the property. If the property is unregistered, there is a higher risk it could be targeted by fraudsters.

· If you are the owner of an unregistered property, it may be that you want to ensure the title is updated for the future in the event anything happens to you. If the property is registered, any executors/beneficiaries would not need to worry about where the deeds are to prove ownership of the property.

· Electronic titles are easier to keep up to date rather than a memorandum being attached to an old Conveyance.

Should I register my unregistered property?

There is no legal requirement for you to register an unregistered property, however if this is something you are considering then Pinkney Grunwells Lawyers LLP can assist you and talk you through the process. Our experienced Property Teams are on hand to assist you with any property related queries, including registering your property.

Important Trust Information

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Tue, 10 Aug 2021 14:18:37 GMT

Important information regarding trusts following the new Money Laundering Regulations

Under the new 2020 Money Laundering Regulations, all existing UK express trusts will have to be registered, unless explicitly exempted. This is the case even where the trust was set up many years ago when these rules did not apply.

Trustees will have until 1st September 2022 to register such trusts.

It is thought most UK charitable trusts will be exempt, as may be Will trusts subject to some specific rules. Bare Trusts are not exempt.

If you are a Trustee you should urgently review your Trust to ensure it is fully compliant. Financial penalties and sanctions can be applied by HMRC to Trustees who fail to comply with reporting obligations.

If you need further help or advice please contact us .

What is Probate?

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Wed, 28 Jul 2021 09:58:59 GMT

What is probate, when is it needed and what is involved?

Probate is the word normally used to describe the legal and financial processes involved in dealing with the property, money and possessions, known as assets, of a person who has died.

Before the next of kin or Executor named in the Will can claim, transfer, sell or distribute any of the deceased's assets they may have to apply for Probate.

When Probate has been granted through a Grant of Probate or Letters of Administration the next of kin or Executor can start to deal with the deceased’s assets in accordance with their Will.

When is probate needed?

Probate is usually needed in England or Wales when:

The person who died owned property or land

A bank or other financial institution asks for a grant of probate or grant of letters of administration (also known as grant of representation)

Do I need probate if there is a will?

The need for probate doesn't depend on whether there's a will, it depends on the financial position of the deceased. The process is very similar regardless of whether there's a will or not, but some of the terminology is different.

If there is a will and probate is needed then the executor needs apply for a grant of probate. If there is no will, then the administrator will need to apply for a grant of letters of administration.

Do I need probate if my husband/wife/civil partner dies?

It depends on how the assets were owned. Many couples own their home as joint tenants and have joint bank accounts, meaning probate wouldn't be required. But probate could be needed for any large assets owned in the deceased's sole name, or a property owned as tenants in common.

What is involved with obtaining a Grant of Probate?

The first step is to identify all the assets (property, land, bank accounts etc.) of the deceased and any liabilities (debts including loans, mortgages, utility bills etc.) this then enable you to value the estate.

Identify any entitlement to the estate under the terms of the Will or under Intestacy Laws if there was no Will.

Apply to the Probate Registry for the Grant of Representation, being a document confirming the legal authority to administer the Estate.

Submit an Inheritance Tax Return whether there is Tax due or not and where applicable pay Inheritance Tax to HMRC.
Once the Grant of Representation has been issued by the Probate Registry, liquidating (selling) the deceased’s assets, settling their liabilities, paying the final Estate administration expenses and accounting to HMRC for any further Inheritance Tax, any Income Tax or Capital Gains Tax due to or from the Estate can begin.

You will need to prepare the Estate accounts, documenting all payments into and out of the Estate and showing the balance left for distribution to the beneficiaries. These Estate accounts need to then be sent to Personal Representatives (such as the Executor in the Will) for approval.

Providing there are no challenges to the Estate or other complicating factors preventing distribution at this stage, the final stage involves transferring any assets and distributing the balance of the Estate in accordance with the terms of the deceased’s Will or Intestacy laws.

How can we help?

Our experienced Wills and Probate team are able to deal with all aspects of obtaining a Grant of Probate, dealing with the Tax, Legal, and administrative affairs. We will work with the executors to get the estate wound up and distributed to beneficiaries as efficiently as possible.

Things to consider when buying a property as an unmarried couple

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 17 Jun 2021 11:15:02 GMT

Purchasing your first home together is an exciting time and understandably couples do not always think about steps they could take to try and avoid any potential future disputes.

When buying a property together as an unmarried couple there are several important issues to consider. Making these decisions and putting the right legal provisions in place before the purchase can help prevent the possibility of disagreements during your relationship or if the relationship ends.

Joint Tenants or Tenants in Common?

When two or more people buy a property there are 2 ways the property can be legally held; either tenants in common or joint tenants.

Joint Tenants

If you are joint tenants, on the first death (either yourself or the other joint owner), the whole of the property automatically passes to the survivor, regardless of what is stated in the Will of the deceased owner and regardless of the Rules of Intestacy, which apply where no Will is left.

If you proceed to purchase a property as joint tenants you will, in effect, own the property in equal shares and each of you is entitled to one half of the net proceeds of sale.

Tenants in Common

If you are tenants in common, the survivor of you would not automatically inherit the whole property when the other owner dies. Each owner can leave his or her share to whomever they wishes in their Will. If there is no Will the Intestacy Rules would decide what happens to the deceased person’s share. The Intestacy Rules provide that the estate would usually pass to the nearest surviving relatives of the deceased.

There may be a number of other reasons why it will be appropriate for you to own a property jointly as tenants in common with separate identifiable shares or percentages, for example:-

There may be future Inheritance or Capital Gains Tax implications if you own the property jointly as joint tenants so that upon the death of one or other of you the survivor would then own the whole of the property.
There may be long term care implications where the entire property may have to be sold in order to pay for long term care.
It may be that the two parties have brought different amounts of money into the marriage/partnership and wish for this to be reflected in the way that the property is owned.
It may be that the different spouses or partners want to ensure that they can provide for different members of their respective families by leaving them a share in the property, rather than by leaving it to the other joint owner.
Sometimes funds are provided by other third parties i.e. a joint owner’s parent and this may need to be reflected in the way in which the property is owned.
In certain circumstances if you co-habit or become engaged to another person, that person may be able to pursue a claim against any property that you own. If you marry then your spouse will be able to pursue a claim against all of your assets including pensions and so it may be an advantage to enter into a prenuptial or cohabitation agreement or Declaration of Trust recording your intentions as to how a joint asset should be owned. If there is no agreement in place a court would infer that you were joint and equal owners of the property if there is no evidence to the contrary despite the unequal contributions to the purchase price.
These considerations can apply equally to the purchase of property in joint names or to the subsequent transfer of a property owned by one person into joint names.

How will the mortgage and bills be paid?

It is a good idea to agree in advance exactly what percentage of bills will be paid by each person. If there is a difference it is for you to decide if it needs to be reflected in how much each of your shares are in the property.

If you have a mortgage you will both be individually responsible for payment of the mortgage. This is the case whether the property is held as tenants in common or joint tenants. There are cases where one person provides the capital while the other takes on the responsibility of paying the mortgage but this does not alter the fact that legally they are both jointly and individually responsible for payment of the mortgage and therefore if one party does not pay, responsibility to make the mortgage repayment will fall to the other party.

What will happen to the property if the relationship breaks down?

It isn’t something most people want to think about but it is worth having plan in place for what happens to the property if you were to separate. This could be an agreement to say the property must be sold or that if one of you was willing and able to buy the other persons share in the property. It could also include how the property will be valued. For example, the valuation could be carried out by using a number of estate agents for valuations and using the average of these to agree the sale price of the property.

Should we create a cohabitation agreement?

Anything you and your partner have agreed prior to the purchase should ideally be put in a legally binding document, known as a cohabitation agreement.

A cohabitation agreement will give you both certainty over how you will handle issues relating to your home during your relationship but also if the relationship was to end. This can save time, money and a lot of stress no matter what happens.

How can we help?

Our experienced property team can deal with the purchasing of the property and give you guidance on buying the property as tenants in common or joint tenants. Should you decide to make a cohabitation agreement then our family team will be happy to assist you.

Amy Arnold becomes first female Seneschal to Fyling Court Leet

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Wed, 19 May 2021 14:23:20 GMT

Amy Arnold has made history in Whitby by becoming the first female Seneschal

Amy Arnold was delighted to attend the Planting of the Penny Hedge last week and made history as she stepped into Whitby harbour with the bailiff of The Court Leet, Lol Hodgson and Hornblower Tim Osborne who build the Penny Hedge each year.

Amy is the first female Seneschal to The Manor of Fyling Court Leet which was established in the 1500s.

The Seneschal is the legally qualified representative of the Lord of the Manor and no woman has ever held this role before for the Manor of Fyling.

You can find out more about the history of Planting of the Penny Hedge here: https://whitbymuseum.org.uk/whitby-history/penny-hedge/

Amy is a highly experienced Solicitor dealing with residential and commercial conveyancing as well as Agricultural and Farming. She is also team leader for our Whitby office .

Photo courtesy of Valerie Laws

Guide to boundary disputes

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 13 May 2021 11:17:53 GMT

With people spending more time at home than ever before, DIY projects are in full swing as people seek ways to keep themselves occupied. Whether you are repairing a fence, painting walls or cutting back trees, unfortunately when it comes property boundaries, neighbourly niggles can occur.

When buying a property your solicitor should make you aware of the property boundaries by providing an Official Copy of the Land Registry Plan, but often, making sure this is accurate and correct isn’t a high priority when planning on moving home.

What is a boundary dispute?

Traditional boundary dispute arises when individuals believe they have ownership or rights over the same piece of land. On occasions, there can be a trigger event such as erecting a new wall or fence which divides the properties. Sometimes it can be the simple action of restoring or replacing an old fence which has had its day.

Boundary disputes can also arise at the time of purchase or sale of a home, this is a crucial time for any property owner as their home and the space around it is open to more investigation and scrutiny. Boundary issues are therefore not an uncommon feature during the conveyancing process.

If you propose to make any changes which might impact on the boundary, it is extremely important to obtain the neighbouring landowner’s input. Communication is key at this early stage to avoid later disputes.

How can I find out the exact boundary of my property?

In order to properly establish a boundary, you should first gather as much information as possible about your property and the properties bordering it. Consult your title deeds and obtain information from the Land Registry. This should give you some idea of where your property begins and ends. In many cases, the boundaries of property are only vaguely defined, so existing documentation may not give you exact information. On occasions a surveyor may be instructed to provide advice.

What to do if we are in agreement with our neighbours over a boundary?

The best way to deal with this boundary disputes is to reach an agreement with your neighbours on where the boundary should be. If you have found an acceptable compromise with your neighbours, it is strongly advised to have an agreement put in place stating what has been agreed, this will help avoid any disputes occurring in future. You should then employ a surveyor to draw up a plan specifying the agreed boundary and submit it to the Land Registry, ensuring that the boundary is clearly established in the records.

We cannot come to an agreement with our neighbours, what now?

Of course, in some cases, coming to a mutual agreement with your neighbours is easier said than done and you may need to instruct solicitors to provide you with expert legal advice if you find yourself in a position where your attempts to resolve matters by other means have not been successful.

You may also need to instruct solicitors if there is some confusion as to what yours and/or your neighbour’s rights are in relation to the boundary if your interpretations of the Land Registry title documents or the property deeds do not provide clarity or are not agreed by each party.

How can Pinkney Grunwells help?

Our friendly and approachable Civil Litigation team will clearly explain your legal issues and will work with you to identify the key factors in your dispute, establish whether you have a case and help you resolve it in the most cost effective way.

We will do all we can to resolve matters outside Court but are here to fight your corner should proceedings be necessary.

Guide to pre and post nuptial agreements

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 06 May 2021 11:25:23 GMT

Guide to pre and post nuptial agreements

What is a prenuptial agreement?

This is a formal written agreement between those expecting to get married dealing with the ownership and disposal of property during their marriage and usually making provision in the event of divorce or separation for how their property will be divided and how each will provide financial support for the other and/or their children.

What is a postnuptial agreement?

This is the same as the above but is entered into after and not before marriage. A Separation Agreement entered into when the marriage breaks down may be called a Post-Nuptial Agreement as well.

Are pre and post nuptial agreements enforceable?

Pre and post nuptial agreements are still not enforceable in the English courts however they will be considered and taken in to account by a judge who has to decide the financial aspects of the breakdown of a marriage within the matrimonial proceedings.

Years ago very little notice was given to the prenuptial agreements and considered to be the price which one party may use to show their willingness to marry. Even now the courts approach to a postnuptial agreement is different to that of prenuptial agreement.

How do the courts approach post nuptial agreements?

If a post-nuptial agreement exists the starting point would be the terms of that agreement. Then the court would look for a change in circumstances in the light of which the financial arrangements were made.

The post-nuptial agreement might be varied if a change occurred which would make the arrangements specified in the post-nuptial agreement manifestly unjust or if it failed to make proper provision for any child. The court may vary the agreement if it places financial obligations on the state which should be covered by the family.

To avoid the possibility of an allegation of undue influence in the future and in support of an attempt to avoid a post-nuptial agreement, the agreement might record why the parties are entering into the agreement initially. The fact that the agreement is not what a court would have done cannot be enough to have it altered or void.

Therefore post-nuptial agreements are likely to be rigorously enforced which provides a powerful reason to reaffirm the terms of any pre-nuptial agreement made before marriage in the form of a post-nuptial agreement entered into after marriage. This can be in the form of an executed deed which clarifies that the parties intend to create legal relations.

Any agreement should make provision for as wide a range of possible future circumstances as possible and, in particular, raising a family, to limit the likelihood of the court interfering with the agreement in the future. Any provision seeking to contradict the court’s jurisdiction or to limit the power of the court to make proper provision for a child will be void but may be taken out of the agreement so the rest of it is enforceable.

It is strongly advised that both parties review the agreement following a significant change in circumstances such as a birth of a child or a large inheritance.

Overall, the court is likely to enforce a post-nuptial agreement particularly if each party is independently advised, the agreement is properly negotiated, and there is an accurate disclosure of relevant matters attached as a schedule to the agreement even if that disclosure is general in nature. All of this is likely to persuade the court that neither party was subject to undue influence and have each entered into the agreement on a transparent and fair basis.

How do the courts approach pre-nuptial agreements?

Pre-nuptial agreements have been the subject of a Government debates and case law through the courts for many years . Over time the courts have given greater weight to the terms of a pre-nuptial agreement when considering a financial remedy case. It is likely to consider all of the circumstances surrounding the creation of the pre-nuptial agreement and how much it anticipated future changes such as children. The court is likely to consider it to be highly relevant whether or not both parties had independent legal advice and whether or not the terms were fair even in a situation of want or need, whether or not each party had a full understanding of the other’s financial position and negotiations had taken place on an informed basis. If all of these factors are present the court is likely to give significant weight to the terms of the pre-nuptial agreement.

How can we help?

Our experienced Family team can provide you with the all legal advice and support you need when creating a pre or post nuptial agreement. We are here to help and guide you from start to finish.

What is Contentious Probate?

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 29 Apr 2021 09:30:02 GMT

Making a Will with a professional is the best way to ensure your money, property and belongings are distributed as you wish following your death. People are able to leave their estate to whomsoever they choose, however, disputes can arise if the deceased did not leave a Will or in some cases where a valid Will exists.

What is Contentious Probate?

Contentious Probate is a dispute relating to the administration of a deceased estate. It can also be referred to as a Will Dispute as the majority of disputes come because of issues surrounding the validity of, or bequests made in a final Will made by the deceased.

Why would an estate or Will be disputed?

There are a number of reasons why a person may dispute a deceased estate or Will. It may emerge from feelings that the Will didn’t leave a person with what they believed they were promised or deserved, the person may believe they were entitled to a larger share than they were left or there may be concerns regarding the way in which the Will was made, for example with the capacity of the person making the Will.

Who can make a claim?

The main piece of legislation for contentious probate is the Inheritance Act 1975. This act sets out who can make a claim if they feel that have not been adequately provided for in a Will. These are people that may be eligible to make a claim:

· Any spouse or civil partner

· Any former spouse or civil partner (who has not re-married or entered into another civil partnership)

· Cohabitee – if they have been living with the deceased for 2 years prior to the date of death

· Any child or children including adopted, illegitimate and step-children

· Any person treated by the deceased as a child of the family prior to his death

· Any other person where the deceased was making a substantial contribution to their reasonable needs.

When can a claim be made?

A claim for reasonable provision must be made within 6 months of the issue of a Grant of Representation. If you wish to make a claim you must do so within this strict time frame as it is difficult to make a claim after the 6 month period.

No distribution of the estate should be made until after this time has elapsed. Should a Personal Representative distribute the estate before a claim has been dealt with, they may face personal responsibility for such distribution and may have to pay the Claimant’s claim and costs out of their own money.

What would be considered when making a claim?

The Court will take into consideration a number of things, including:

· The age of the Claimant

· The length of the relationship

· The contribution by the Claimant to the welfare of the family

· Whether the Claimant is responsible for minor children

· In the case of a spouse or civil partner, what would they have received if the relationship had been brought to an end by divorce or dissolution of the civil partnership

· The Claimant’s present and future financial needs and resources

· The present and future financial needs and resources of any beneficiary

· The deceased’s obligations and responsibility towards the Claimant or any beneficiary

· The size and nature of the deceased’s estate

· Any physical or mental disability of the Claimant or any beneficiary

· Any instructions or letter of wishes left by the deceased indicating his wishes or why he had excluded a beneficiary or reduced his inheritance

This is not an exhaustive list and a solicitor will be able to advise if they think you have a suitable claim.

How can we help?

Here at Pinkney Grunwells we can explain how to make or defend a claim, what you need to do and what choices you have. Dealing with contentious probate requires a sensitive approach as many involve disputes between family members following a loved one’s death. Our team are highly experienced in dealing with these situations and will guide you through the process every step of the way.

Will I have to attend court to get divorced?

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 25 Mar 2021 15:14:03 GMT

The simple answer is that, in most cases, you will not have to attend court to get divorced.

A divorce is the process of legally ending a marriage and therefore documents do need to be filed with the court, however, this does not mean you will necessarily have to appear before a judge.

If both parties are agreeable to getting divorced and all matters relating to childcare arrangements and finances are also agreeable, this results in a straight forward divorce process avoiding the need for you to attend court in person. Most divorces are dealt with entirely by paper.

When might I have to attend court for a divorce?

There are a number of reasons why you may have to attend a court hearing for a divorce.

If both parties are unable to agree and the divorce is defended then you may both be required to attend court. When a divorce petition is issued by the court, the respondent, who is the person receiving the petition, will be asked if they intend to defend the proceedings. If the respondent then chooses to defend the proceedings and files a defence then the court would list the matter for a “Case Management Hearing” and all parties would be required to attend, if the matters are still not agreed then it will be listed for a “Final Hearing”. However, defended divorces are likely to soon be a thing of the past as the government intends to bring in new system of no fault divorces. You can find out more about no fault divorces here .

Another reason could be due to legal costs. The person starting divorce proceedings can claim their legal costs back from the respondent. Your solicitor will be able to assist you in resolving any issues over costs in most cases. Unfortunately it is not always possible for both parties to reach an agreement, resulting in a judge having to decide at a hearing and both parties may be invited to attend.

It is important to remember that even if you do have to attend court, family law proceedings are private which mean no spectators and no jury. The only people present would be both parties, their legal representatives, the judge and on rare occasions experts may be required.

Are finances and arrangement for children dealt with as part of my divorce?

Financial matters and arrangements for children are dealt with separately from your divorce. Like your divorce, these matters are unlikely to require your attendance in court if both parties agree the arrangements. In respect of financial arrangements an agreed order can be filed with the courts for the Judges approval in most cases without the need for parties to attend court.

Covid-19 and court hearings

The family courts are doing all they can to currently make most hearings remote via telephone or video calls. This unfortunately isn’t the case for all hearings so some may still have to take place in person. With the current pandemic and the need for social distancing it is even more reason to try and avoid your case going to court.

How can we help?

We recognise that each case is different and our advice and service is tailored to your individual circumstances. As members of Resolution, our experienced team are committed to resolving disputes in a constructive and non-confrontational way where possible. We will always work passionately to secure the best outcome for you so that you can get your life back on track.

First legal steps following a bereavement

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 18 Mar 2021 12:04:33 GMT

At what is already a difficult time, finding out what to do when someone dies can be overwhelming. This blog aims to help you understand your legal responsibilities following a death.

How is the funeral paid for?

When arranging the funeral, the funeral director is likely to request a deposit. However, you should be very careful before agreeing to any personal financial commitment as the funeral should be funded from the deceased’s estate. It is always sensible to take legal advice to be sure of your obligations and to check whether the deceased has left any instructions relating to the funeral with or in the Will of the deceased.

What if there is a Will?

You should establish whether there is a Will and where the original Will is stored. The original Will will be required to deal with the estate. You should check who is named as Executors and that you fully understand the contents of the Will. If you are an Executor, you can deal with the administration of the estate yourself or you can ask a solicitor to do it for you. You will need to ensure that all outstanding debts are paid and the remaining estate is distributed in accordance to what is in the deceased’s Will.

What if there is no Will?

If there is no Will, the estate will be distributed according to the Government’s ‘intestacy rules’. Even if the family agree on what should happen, intestacy rules do not recognise many modern family set ups and it would be sensible to seek legal advice to make sure that everyone who should be, is provided for.

Who do I tell about the death?

As part of administering the estate, there is a legal obligation to inform certain organisations and government departments. These include; financial institutions; Government departments; the Child Benefits Office; the Tax Credit Office; HM Revenue and Customs; TV licencing; the local Council and utility companies.

What is Probate?

Probate is one of the legal documents which are issued by the Probate Registry and gives Executors the power to deal with the assets of the estate. If there is no Will, a Grant of Letters of Administration is required. Without this document you cannot be reimbursed for estate expenses, sell property, access bank accounts, pay outstanding bills, sort out finances or share out the assets of the estate. Executors can apply for grants themselves but the process can be extremely complex, stressful and time consuming. It is usually sensible to seek professional legal advice.

Who is responsible for unpaid debts?

The Executors or Administrators of the estate are responsible for ensuring that any outstanding debts are paid for out of the value of the estate. If the amount of debt outweighs the value of the estate, you will need to take legal advice.

When should I contact a Solicitor?

You can contact a solicitor at any time during the process although it is often easier to do so at the beginning so you can get the right advice for your situation. There are a number of circumstances in which you will almost certainly need to take legal advice. These include:

• There is no Will

• The Will is unclear or difficult to understand

• The Will contains Trusts

• Executors are unable or too busy to deal with the administration of the estate

• Executors are unable to find or obtain any paperwork relating to debts and assets or if you need help to access digital information

• There are complications or uncertainty around ownership of assets

• The estate is likely to be subject to inheritance tax

• Outstanding debt outweighs the value of the estate

How can we help?

Our friendly and approachable team are experienced in all aspects of estate work and are always here to help and answer your questions. We are just a click away….

Guide to buying and selling

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 11 Mar 2021 16:18:54 GMT

Guide to buying and selling

Whether you’re buying or selling, our guide explains the process in simple terms so you know what to expect and when.

OFFERS ACCEPTED AND SALE AGREED… WHAT NEXT?

What does the buyer need to do first?

• Instructs solicitor

• Provides ID documents and proof of funds, together with any search money

• Applies for mortgage

• Instructs surveyor if detailed surveys required

What does the Seller need to do first?

• Instructs solicitor

• Provide ID documents and details of any existing lender (if any)

• Completes Property Information Form, Fittings and Contents Form and provide any certificates or documents relating to the Property

What does the buyer’s Solicitor do first?

• Carries out due diligence checks

• Checks contract, legal title and other paperwork

• Raises enquiries on property with seller’s solicitor

• Submits searches

• Checks mortgage offer

• Receives replies to enquiries

• Reports to buyer on enquiries and searches

• Prepares legal transfer, stamp duty forms and mortgage documents (if any)

• Arranges for buyer to sign contract, transfer, mortgage deed (if any) and stamp duty documentation

• Provides buyer(s) with a completion statement and requests deposit funds

What does the Seller’s Solicitor do first?

• Carries out due diligence checks

• Obtains Title Deeds

• Prepares draft contract

• Helps seller to answer enquiries and reports to buyer’s solicitor

• Checks draft transfer

• Arranges for seller to sign contract and transfer documentation

• Requests a redemption figure for any charges in readiness for the completion date (if any)

• Prepares a completion statement in readiness

CONTRACTS EXCHANGED. All partied are now committed to complete the transaction on a set date and the buyers deposit is sent to sellers solicitor.

What happens when the Buyer’s Solicitor prepares for completion?

• Prepares Transfer Deed and requests mortgage advance

• Collects the balance of purchase monies from the client (if any)

• Carries out final Land Registry and Bankruptcy searches

• Legally completes the matter with the Seller’s Solicitor

• Registers property with HM Land Registry

• Pays Stamp Duty fees (if any) to HM Revenue & Customs

What happened when the Seller’s Solicitor prepares for completion?

• Finalises any mortgage repayment figures

• Finalises estate agent commission

• Checks the completion statement with the Seller to ensure all figures are as expected

• Legally completes the matter with the Buyer’ Solicitor.

SALE COMPLETES. Balance is paid to the seller, any existing mortgages paid and estate agent fees settled. The buyer can now collect the keys to their new home.

Things to consider when choosing a solicitor:

• Are they registered with the Law Society and a member of its Quality Conveyancing Scheme? If so, they will be experienced in property transactions and follow strict standards.

• Compare quotes like for like. Does the price allow for VAT? Does it include extra charges (relevant searches, bank transfers, land registry fees, stamp duty etc.) and costs for any additional work required?

• Consider the type of property. New builds can be more complicated. City based and online firms may not be familiar with some types of rural properties or local ‘oddities’ and may charge more to deal with issues.

• Do you feel confident that you will be able to contact your solicitor when you need to? Knowing what is happening and when can ease some of the stress that comes with moving house.

Why does the process take so long?

We are often asked “Why can’t I just have the keys?” The process can be frustrating but it exists to protect both sellers and purchasers by making sure there are no hidden problems that could cause an issue after completion or in a future sale.

The length of time any matter takes largely depends on whether there is a chain involved, the speed at which parties provide information to the Solicitors and then getting a date which all parties can agree upon.

At the moment, the Covid-19 pandemic is causing some delays as things like searches and mortgage offers are taking longer to be processed and returned to Solicitors, for them to progress a matter.

What can I do to speed things up?

Buyers:

• Make sure your finances are in order and you can provide proof of funds. (Bank statements, mortgage offer in principle etc.), as well as suitable identification documents.

• Searches are essential if the property is mortgaged but think about which surveys you will need. More detailed surveys are pricier but provide extra protection.

Sellers:

• Locate your mortgage account details, any deeds you hold, installation certificates and guarantees for work done on the property.

• Think about which fittings and contents you want to take or leave.

• If there are any enquiries raised which are passed to you to deal with, try and return the information to the Solicitor as quickly as possible, to enable them to be sent over to the Buyer’s Solicitor without delay.

• Return any paperwork promptly.

Understanding discrimination in the workplace

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Wed, 03 Mar 2021 20:42:47 GMT

Understanding discrimination in the workplace

Whether you have a physical or hidden disability, you should be comfortable within your workplace. You should be given the same opportunities as your colleagues, and adjustments should be made to the work environment to accommodate this.

If you suspect you are being discriminated against at work, you should seek advice.

Here are 5 things that all employees need to know about discrimination in the workplace:

Types of discrimination

Examples of discrimination include:

· Derogatory remarks about your disability, this could be harassment.

· Consistently being rejected for promotions or new positions in favour of able-bodied colleagues, this could be direct discrimination

· If a new policy is put in place which puts you and others, at a disadvantage compared to your colleagues, this could be indirect discrimination.

To take further action, you must be sure of which type of discrimination you have experienced, so it is important to seek early legal advice to ensure that you know exactly which type applies to you.

An employer has a duty to make reasonable adjustments to reduce disadvantages you, as an employee with a disability, may experience. For example, you may require workstation adjustments to assist you in using a computer.

If you are uncomfortable in any way, it is important that you raise it with your employer, preferably in writing. If you have any suggestions on how your situation could be improved, you must also put those in writing. If you do not have any suggestions on how to improve the situation, you could ask for a doctor or occupational health professional to assess the situation and provide any ideas.

If adjustments can be made and your employer refuses to make those adjustments you may have a claim.

Evidencing the discrimination

You will need to be able to provide evidence should your matter proceed to a tribunal to try and prove that what you say has happened did actually happen.

Evidence can be anything from emails, messages from social media accounts, employees willing to be witnesses, or letters.

If incidents have taken place you should keep a diary of them as soon as they happen. If you do decide to take legal action then contemporaneous notes from the incident will strength your case and can be used to back up any witness statements.

Make sure all evidence is gathered in chronological order with dates, times and names. It is also worth including any internal policies the workplace has particularly about discrimination.

Resolving issues within the workplace

If you want to keep working for the workplace, and you are comfortable doing so, then it is best to try and resolve the issue informally.

If it cannot be resolved informally, the next step would be to raise a formal written grievance. Once this has been raised, your employer has an obligation to deal with this grievance in a fair and balanced manner. If they do not, then they risk further claims being brought against them.

What to do if you are unable to resolve issues in the workplace

If you have tried to resolve the matter within the workplace, both informally and formally, then it could leave you with no choice but to take legal action.

There are several routes you could take:

Mediation
Employment Tribunal
Negotiate to terminate your contract of employment

How can we help?

We can advise you on the best route for you. Discrimination law is an extremely complex area of law, therefore, if you believe you have been a victim of discrimination in the workplace, it is important that you seek legal advice as soon as possible. Our employment team are experienced in dealing with these cases and will be able to guide you through every step to gain the best possible outcome.

Everything you need know about Lasting Power of Attorney

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Wed, 24 Feb 2021 16:41:36 GMT

Everything you need to know about Lasting Power of Attorney

Leaving a Will ensures your affairs and wishes are taken care of when you have passed away but what happens if you are unable to manage your own financial affairs and welfare during your lifetime?

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that enables people that you have appointed and trust to make decisions about your financial affairs and/or your health and welfare if you lose mental capacity (the ability to make your own decisions). It can be drawn up and registered at any time providing you have the mental capacity to be clear about your instructions.

Do I really need one?

As the risk of mental incapacity grows due to illness, accidents or simply old age, it is good to know that you can choose who would look after your interests and make decisions on your behalf. An LPA could be a central part of the decision making process for many years if a younger person loses mental capacity. There is a common misconception that your next of kin, spouse or partner will be able to legally make decisions for you but this is not actually the case. Acting now will help you and your loved ones to avoid difficult situations in the future and will ensure that you keep control, even when you can no longer manage your own affairs.

Who should I appoint to act on my behalf?

You can choose as many people as you want to act as your attorneys or you can choose just one person that you trust (it doesn’t have to be a family member). You can also choose replacement attorneys ‘just in case’. You can give instructions and guidance on how you would want them to make decisions and you can make sure that certain decisions are agreed jointly by your appointed attorneys.

Benefits of having an LPA?

· Take the burden off your relatives by having an LPA in place rather than waiting for court intervention

· Your attorney will be someone you trust and have personally chosen

· They are legally binding and enforceable

· They are recognised by financial and medical institutions

· If you have a business it will make sure there is minimal disruption

Can I save myself the fee and draw up my own LPA?

All LPAs need to be registered with the Office of the Public Guardian (OPG) and you can buy an ‘off the shelf’ kit with guidance notes on how to complete the form or apply direct to the OPG using their online application facility. However, the guidance and forms are complex and you run the risk of actually paying more in the long run if your LPA is rejected and has to be resubmitted due to mistakes on the form. In the worst case scenario, your LPA may not adequately express your wishes and preferences and may be rejected by financial institutions and medical professionals if it is not legally robust. The DIY route also leaves individuals more at risk of financial abuse and fraud if they do not have the full capacity to understand what they are signing or are coerced into signing the document. Often, problems with DIY LPAs are not discovered until it is too late for them to be rectified.

If you do decide to go down the DIY route, you will need to have a Certificate Provider i.e. someone who can make judgments about your capacity. There are restrictions on who can sign the certificate but having it done by a Solicitor makes sure the process is followed correctly, provides an independent check that you understand the document and the consequences of signing it and can help to reduce the risk of future challenges to the LPA document.

What happens if I lose mental capacity without an LPA?

Your family, friend or representative (but not someone of your choice) would need to apply to the Court of Protection (COP) for a Deputyship Order to obtain permission to manage your financial affairs. It is also possible to apply to the COP for a Deputyship Order to make decisions about your health and welfare but the success of such an application will be very dependent on the circumstances at the time. The COP can award the Deputyship Order to anyone, even someone who you may not believe has your best interests at heart. The process can be long, difficult and is significantly more costly than an LPA. There is also a risk that the length of time it takes for the application to be approved may result in your own wishes being ignored.

How can we help?

If you instruct us to draw up an LPA for you, we will talk to you about all of your options and choices and, in most cases, will act as your Certificate Provider as part of our fee. This will make sure that the resulting document is legally sound, properly registered, makes clear your wishes and preferences and that safeguards are in place to reduce the risk of financial abuse and fraud. Our expert team are just a click away to answer any of your questions.

Settlement Agreements - The Key Points

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 18 Feb 2021 22:13:05 GMT

Settlement Agreements - The Key Points

What is a Settlement Agreement?

Previously called a Compromise Agreement, a Settlement agreement is a legally binding document mainly used to end the employment contract between the employee and employer. In essence, you settle any claims you may have with your employer in exchange for a financial sum which often ends your employment. Settlement Agreements can also be used to settle potential Employment Tribunal cases.

Once a Settlement Agreement has been finalised it waives the employee rights to bring a future claim covered by the agreement to an Employment Tribunal.

Key points to a Settlement Agreement

· The agreement must be in writing

· They are voluntary

· They can be offered at any stage of employment

What does a Settlement Agreement cover?

Every settlement agreement is different but there are a number of things that are usually covered within all Settlement Agreements. The main points will be:

· The amount of financial compensation to be paid

· Specify any tax repercussion for the financial payment

· Deal with holiday pay, bonuses, remaining salary payment, notice periods and redundancy payments

· Clear guidance on your ability to seek future employment with competitors or similar job roles within other organisations

How long will it take to finalise a Settlement Agreement?

Once you have been offered a Settlement Agreement you should expect a reasonable amount of time to consider to proposed conditions of the agreement. The ACAS Code of Practice on settlement agreements specifies a minimum of 10 calendar days unless the parties agree otherwise. This will allow you time to seek independent legal advice. From there your Solicitor will be able to deal with your matter and provide a smooth and efficient service to finalise it as fast as possible.

Do I need legal advice for a Settlement Agreement?

Yes, Settlement Agreements are not legally effective unless the employee has received independent legal advice.

Seeking legal advice as soon as you are offered a Settlement Agreement is vital. Specialist Solicitors can help you decide whether or not to accept the Settlement or if it is appropriate for negotiations to begin with the Employer.

A Solicitor will ensure you gain a complete understanding of the terms within the agreement and how they may affect you.

Getting expert legal advice will ensure you get the best settlement possible.

How much will it cost?

As the agreement cannot be finalised until the employee has received legal advice it is usual practice that any legal costs incurred by the employee relating to the Settlement Agreement are paid for by the employer. Therefor the employee should not have any costs to pay unless they require any extra legal advice or negotiations to take place.

How can we help?

At Pinkney Grunwells, we can provide the independent legal advice you need prior to signing. Our team’s breadth and depth of knowledge is second to none and we will guide you from start to finish supporting you every step of the way through what can be a very daunting experience.

Can I still have contact with my children during national lockdown?

Thu, 11 Feb 2021 09:47:31 GMT

Coronavirus: Contact with your children during national lockdown

Following the government announcement of a further National Lockdown, you may be wondering what this means for contact with your child/children.

Whilst the “stay at home” message in place, this does not prevent children under the age of 18 from moving between both parents homes for contact, and some contact centres also remain open to facilitate supported or supervised contact.

Can my child move between households?

The Judiciary released guidance for parents in March 2020. This guidance suggests that parents should sensibly consider whether a child can safely move between households and wherever possible, parents should communicate any concerns that they have with the other parent.

Things for both parents to consider

Whether it is appropriate for contact to continue will depend on the individual circumstances of your family and any risks that are specific to you or your children. As always, you should consider what will be in the best interests of your child/ children and if contact can proceed safely, then it should.

In considering whether contact should continue, it is important to consider any impact that changing arrangements or stopping contact will have on your child/children, as well as any health concerns. It may also be worth considering if contact would benefit from being altered in a way that alleviates either parents’ concerns.

Parents in agreement not to continue with usual contact arrangements

If both parents do agree that the child/children are unable to continue moving between households for contact, it would be a good idea to consider alternative arrangements such as indirect contact. This could be video calls via facetime or zoom, telephone calls and where appropriate, text messaging.

If there is a Court Order in place that specifies when and how often a child/children spends time with each parent and if both parents are in agreement that this should change temporarily, it is suggested that it is confirmed in writing, text messages or emails would be sufficient. This can help to avoid a dispute arising later on. It would also be good practice to do this if your arrangements are informal with no court order in place.

Parents not able to come to a mutual agreement

If you are unable to come to a mutual agreement about whether your child/children should continue to move between households, a Court may be asked to consider the position and they will look at whether a parent has acted reasonably and sensibly in light of the government advice at the time.

It is important to remember that we are in very unprecedented times and any changes that may need to take place now are only intended to be temporary. The most important thing is for the child/children to maintain regular contact with both parents even if it means being more creative by using technology.

How can we help?

Where you are having difficulty discussing the arrangements for your child/children with the other parent, you may wish to consider speaking to a member of our Family team. Our office doors may be closed but we continue to offer our full range of services during lockdown via a number of contactless ways. We are avoiding face to face appointments unless absolutely necessary.

Buying and selling property during national lockdown

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Thu, 04 Feb 2021 12:53:46 GMT

EVERYTHING YOU NEED TO KNOW ABOUT MOVING DURING NATIONAL LOCKDOWN

Unlike the first lockdown in March 2020, the property market remains open. The latest government guidance states that, in England, carrying out activities relating to buying, selling or renting are reasonable excuses to leave home.

Can I still view properties?

Yes you can. Many estate agents have had to change the way they usually operate to enable them to follow the guidance issued to keep their staff and clients safe. To help prevent the spread of the virus, the government recommends that you carry out initial property searches online, and only visit a property in person when you are seriously considering making an offer on it. Virtual viewings online are a popular option, keeping contact to a minimum especially if you are looking at a number of properties. It’s a good start to gauge any serious interest before arranging a physical viewing.

If you do want to view a property in person, most agents are still offering that service but expect you to follow some basic rules such as wearing a face covering, maintaining social distancing of 2 meters, only viewing the property with people from your household or support bubble and cleaning hands thoroughly before and after entering the property.

Can I get work done in my home in readiness to put it on the market?

The current government guidance allows tradesmen and cleaners in to your home to carry out any work you require. So, if your home needs a deep clean or a boiler service before getting it on the market, then, you can arrange for those to be done as long as everyone you instruct or employ follows the necessary safety guidance. They may also have their own safety guidelines they will expect you to follow before they enter your home.

It is also a good idea to get any paperwork relating to your current home ready and easily accessible as they may be required by your solicitor or the other sides solicitor throughout the property transaction. Any paperwork or documents you feel will be necessary to sell your property should be handed to your Solicitor at the outset of your matter so that they have all the information they need and to avoid any potential delays.

Can I still use a removal firm?

Yes you can, most removal firms are still continuing to work throughout the lockdown. Like estate agents, they will also require all parties to comply with safety guidelines to keep their staff and clients safe. Most removal firms will let you know in advance what their safety guidelines are before attending your property.

It is been advised that you do as much of the packing by yourself and where possible wipe down and sanitise any surfaces that will be handled by someone else. When the removal team is in your property, it will not be possible to offer them any refreshments and if it is necessary for you to be in the property at the same time, it is advised that you maintain at least a 2 meter distance.

Should I expect any delays in moving?

The conveyancing process remains the same as before but it is possible that some of the conveyancing processes could be a little slower than usual. There are a number of reasons for these small delays such as companies operating on reduced staff or that they may have a back log from last year or they are simply very busy due to an influx in the market after the stamp duty holiday announcement and the deadline drawing closer.

Other delays outside of the Solicitors control are also impacting the time it is taking for a property transaction to progress to completion, including the length of time it is taking for mortgage applications to be offered and the length of time taken for Local Authority searches to be returned. This is therefore something to bear in mind.

Here at Pinkney Grunwells we have all our staff back working either from home or safely in the office, but we can only go as fast as the other parties involved. Sometimes there may be more of a delay than you would usually expect but rest assured we are doing all we can to get you moved as efficiently as possible. The Solicitor acting on your behalf will be able to keep you updated as to the progress of your matter(s) throughout.

Is there anything else I should be aware of if I am considering moving?

If you have applied for a mortgage and have been successfully offered a mortgage, before exchange of contracts, your Solicitor will ask you if there have been any changes in your circumstances since making your mortgage application. If therefore you have been furloughed, lost your job, or have been working reduced hours, these are all things that have to be reported to your lender and therefore it is important that you inform your Solicitor of this as soon as they happen to avoid any delays at the point all parties are ready to exchange contracts.

Please also bear in mind that, we are processing government updates and information as fast as it is changing and coming to us so at certain points the information we provide may change if further information is given to us about the process.

How will I sign any relevant paperwork?

Most paperwork you will be required to sign can be done from home and sent back to us.

If you do need to sign something in the office you will be required to make an appointment in advance with your solicitor and follow our safety guidelines below:

· Wear a face covering at all times (unless medically exempt)

· Sanitise your hands on arrival

· Maintain social distance from all staff

· Attend appointments alone where possible

· Avoid arriving to your appointment early or late as you may not be allowed access in to the offices

Pinkney Grunwells are currently working behind closed doors but we are still here to provide our full range of services via a number of contactless ways. We will only see clients in a face to face appointment if absolutely necessary as we are trying to limit contact with clients where possible to create a safe environment for our staff to be in should they be working from the office.

Employment update 2020

kimberley.boynton@pinkneygrunwells.co.uk (Kim Boynton) — Tue, 15 Dec 2020 14:56:42 GMT

Are your employment contracts still fit for purpose?

Given the ongoing pandemic it is quite likely that a number of new regulations have flown under the radar. Employment law is ever evolving and so it can be difficult to keep track of everything.

If you are an Employer there are a number of things you should be aware of:

1. If your employee does not have fixed hours the calculations to work out holiday pay have changed

2. After 12 weeks agency workers are entitled to equal treatment in a number of areas

3. Contracts of employment must be provided from day one of employment but should also include a number of new things, including a training clause, amongst others

4. There has been a consultation on banning restrictive covenants in contracts including non-dealing and non-solicitation – a decision is likely to be reached next year

5. Exclusivity clauses are already banned in zero hours contracts but this is now being looked at by government in all contracts

6. National minimum wage for over 23’s goes up to £8.96 from April 2021

7. Termination payments are to be an area of particular scrutiny in any PAYE audits by the HMRC so it is now imperative that these are dealt with correctly to avoid underpayments and ultimately penalties and fines

There are a number of new things that need to be considered and addressed, particularly relating to employment contracts. If you are an employer you need to be sure your contracts are legally compliant and commercially fit for purpose. If you aren’t sure please contact us for advice.

LANDOWNERS... Is your name on the Commons Register?

Fri, 20 Nov 2020 21:14:18 GMT

Rights Over Common Land

Our agricultural and commercial property solicitor Amy Arnold attended NYCC County Hall earlier this year to represent a client at a successful Commons Registration hearing. The type and nature of Common Rights vary – and not all land has them. They can include the right to graze sheep on the common, a right to take bracken or peat, amongst others.

Any farmer who has Common Rights will confirm how important they are both in terms of grazing but also in respect of claims for entitlements. Unfortunately, over the years the Commons Registers have often not been updated or events have occurred which means that the people exercising the rights on a common may not be the persons be showing on the register.

The Commons Act 2006 means that it is now not possible for Rights of Common to be severed from the land which means that when land now sells or is transferred, any Common Rights which benefit the land must also be included. This can cause problems for landowners who, prior to 2005, exercised Rights of Common which are not in fact tied to the land they own.

To counter this problem, it is possible to apply to the Commons Registry to record a ‘Historic Event’ and have these rights registered to the person who has been exercising them. Such applications are decided based on the evidence submitted and other factors and can mean that a hearing needs to take place for a decision to be made.

Common Rights are part of the heritage of agriculture and need to be preserved as the valuable asset that they are.

We can provide advice and assistance to landowners who either exercise Common Rights but are unsure whether these rights have been correctly registered to them or landowners who have purchased land and are unsure whether they have Common Rights.

For further information or to make an appointment please call Amy Arnold on 01947 601122

4 things to consider with a commercial property lease

Fri, 21 Feb 2020 12:44:39 GMT

A lease is a legally binding document which contains the terms that the landlord has agreed to let their property to you. Once you have found the ideal property to rent there are a lot of things to consider.

1. Permitted use

The permitted use definition in the lease will need to fully reflect what you intend to use the property for and if it covers all your business needs to run from the premises. Some will be more specific than others, for example it may state “retail shop” which will cover a number of businesses but others may state something very specific such as “shoe shop”. If the permitted use does not suit your business needs, you may be able to request a change of use from the local authority but you would need the landlord’s permission to do so.

2. Rent

You may be asked for a rent deposit. This is an amount of money given to the landlord at the start of the lease which gives them security on rent payments and making sure your obligations are carried out in accordance to the lease.

3. Contractual term

When deciding on the length of the lease there is a lot to consider. A shorter lease allows a lot more flexibility and may be preferable for a new business starting up. A longer lease allows for greater security but it can come with some long term liabilities.

4. Expert advice

Obtaining advice from an early stage is extremely important so you fully understand the terms of the lease in which you are about to sign.

It is strongly recommended that you seek independent legal advice from a commercial property solicitor. They will be able to advise you of the terms of the lease and any potential implications of the terms to you and your business. You will also be made fully aware of the rights and responsibilities included within the lease.

You may wish to seek independent advice from a local property agent or surveyor about the property and how much you would expect the rent to be in your region for that type of property. It may be that you can negotiate with the landlord or the landlord’s agent.

Here at Pinkney Grunwells our commercial property team combine in-depth legal and local knowledge with plenty of experience to remove some of the stress involved with finding the right property solutions for your business. We will work closely with you and your other advisers to ensure things progress as smoothly as possible.

More information regarding commercial property leases .

We raised £1500 for The Hinge in Havenfield

Fri, 01 Nov 2019 13:15:36 GMT

Our charity of the year is £1500 pounds better off this year

Equity release questions and answers

Wed, 09 Oct 2019 12:16:22 GMT

What is equity release

Equity release schemes allow those aged 55 and over to access the equity (cash) in your home and receive it in the form of a lump sum. The most popular equity release option is a ‘lifetime mortgage.’

You retain ownership of your property and receive cash as a loan which is paid back when you enter into long term care, sell the property or upon your death. The second option for equity release is a ‘Home Reversion Plan.’ This involves selling a percentage of your home and being granted with a cash sum and lifetime lease which allows you to live in the property, rent-free, for the rest of your life.

On your death, the property is sold and proceeds divided between the plan provider and your estate, according to the percentage each party owns.

Is equity release for me?

Longer life expectancy, combined with the current financial climate of low interest rates and reduction in the value of savings and pensions means more people are turning to equity release to supplement retirement income.

The benefits of a cash lump sum with no monthly repayments are easily seen. However, there are a number of things to consider. Some schemes contain hefty early redemption penalties which means that moving house could be difficult or even impossible. It is worth considering how your property may meet your needs in the future.

For example, is it large and expensive to heat, is there a large garden to maintain and can modifications such as stair lifts be installed if necessary? The receipt of a large cash sum could also impact on any state benefits currently being received and will reduce the value of your overall estate for any

Is equity release for me?

If you are considering equity release, you should take financial advice from an Independent Financial Adviser (IFA) who is listed on both the Financial Conduct Authority Register and also the Equity Release Council Member Directory.

Your IFA will be able to suggest the scheme that is most suited to your needs and circumstances. As equity release is similar to any other type of mortgage (a lender is either buying a percentage of your property or lending you money against the value of it), you will need to instruct a solicitor or conveyancer once you have decided on a specific plan.

Look for a solicitor that is experienced in dealing with equity release as they will have knowledge of different schemes and can advise you about the implications of entering into your particular type of plan. As equity release will have a financial impact on the value of your estate, a solicitor specialising in Wills can advise on any updates that may be needed to your Will.

If you have a question about equity release , come and talk to us. We’ll be happy to help.

First Time Buyers guide made simple

Wed, 11 Sep 2019 12:28:09 GMT

Buying your first property is an exciting yet daunting experience. It is likely to be one of the biggest investments you will make.

We have put this guide together to help you choose your solicitor and understand some of the processes involved in buying your first property.

When choosing a Solicitor to deal with your purchase here are some things to consider:

Are they registered with the Law Society and a member of its Quality Conveyancing Scheme? If so, they will be experienced in property transactions and follow strict standards.
Compare quotes like for like. Does the price allow for VAT? Does it include extra charges (relevant searches, bank transfers, land registry fees, stamp duty etc.) and costs for any additional work required?
Consider the type of property you are purchasing. City based and online firms may not be familiar with some types of rural properties or local ‘oddities’ and may charge more to deal with those issues.
Do you feel confident that you will be able to contact your solicitor when you need to? Knowing what is happening and when can ease some of the stress that comes with purchasing your first property.
Estate agents will sometimes recommend solicitors, usually because they have a financial agreement in place with them. Often that solicitor will be out of town and their fees can be significantly higher than a local solicitor. It can also cause delays in the purchase due to their lack of local knowledge. Compare them to some local solicitors before agreeing to instruct them.

What does the solicitor do?

Checks contract, legal title and other paperwork
Raises enquiries on the property with seller’s solicitor
Submits searches
Checks mortgage offer
Receives replies to enquiries
Reports to buyer on enquiries and searches
Arranges for buyer to sign contract and stamp duty forms
Prepares Transfer Deed and requests mortgage advance
Carries out final Land Registry and Bankruptcy searches
Registers property with Land Registry
Pays Stamp Duty fees
Collects funds from buyer

How long will it take to complete?

It is difficult to give an accurate estimate of how long it will take to conclude, especially in the initial stages. In many cases the time taken and the costs incurred can be greatly affected by how quickly the sellers provide the relevant information and the receipt of any mortgage offer.

We usually estimate between 8 and 12 weeks. The process can be frustrating but it exists to protect both sellers and purchasers by making sure there are no hidden problems that could cause an issue after completion or in a future sale.

Costs

There are a number of costs to consider on top of the purchase of the property such as:

Solicitors costs
Land Registry
Stamp Duty Land Tax
Search fees

At Pinkney Grunwells we like to make the experience as easy and efficient as possible, making you feel relaxed in the knowledge that our local dedicated team are here to help every step of the way. We understand how complicated the process can seem and are happy to answer any questions you may have during the process.

Our charges are a fixed fee which is calculated on the price of the property. We do not have any hidden fees. You can use our conveyancing calculator to find out how much our fees would be.

If you would like more information about buying your first property please contact our conveyancing team .

Get your free 30 minute will review to protect you and your family

Thu, 15 Aug 2019 12:41:56 GMT

Your Will is a legal document that reflects your wishes and can protect your loved ones after your death by ensuring your wishes are carried out, however, your circumstances will change throughout your lifetime making your situation different now to what it was when you first made your Will.

Would your Will still reflect your wishes if any of these life changing events took place?

Guardianship of your children

Does your Will provide any guardians for your children in the unfortunate event that both you and your partner died with your children under 18 years old. Who would you want to have the legal guardianship of you children?

Grandchildren considerations

Your current Will may provide for your children to inherit but you now have grandchildren – you may wish to include them or give them a specific gift or legacy.

Potential Inheritance Tax Implications

Since making your last Will, you may have inherited from a deceased relative’s estate. If your assets have increased since making your Will, you may need to look at any potential tax liability and make sure your Will has appropriate provisions to reflect the current tax law.

Family disputes

Sometimes relationships breakdown over time and you may find that you no longer wish for a particular person to inherit from your estate. If you do not ensure your Will correctly reflects this, your estate could be left vulnerable to challenges and disputes amongst loved ones. Disputes are costly and can be very upsetting to all involved. Whilst there may be a potential of a claim being made against your estate in certain circumstances, it is less likely if your Will is up to date and written by professionally trained solicitors.

Why should I consider Lasting Powers of Attorney?

Whilst it is important to review your Will regularly, have you thought about looking at a Lasting Power of Attorney as well? If the time comes when you require assistance looking after your affairs, either due to your physical or mental wellbeing, who would be able to assist you? A Lasting Power of Attorney is a legal document that appoints someone you trust to be your Attorney. Your Attorney would be able to make decisions on your behalf which could include day to day banking affairs, property matters, health and welfare decisions and, if you wish, life sustaining treatment decisions.

30 minutes free Will reviews

Our Private Client Team are here to help you and we offer 30 minutes FREE Will reviews . We provide expert legal advice that is tailored to your individual needs. We are able to discuss your personal requirements and any questions you may have at that time.

To make an appointment for a 30 minute free Will review or to discuss an Lasting Power of Attorney please contact us by clicking here .

Are the gifts you made subject to inheritance tax?

Thu, 11 Jul 2019 12:49:57 GMT

Inheritance tax – proposals for change

Inheritance tax is an issue that needs to be considered in all estates regardless of their value. The current inheritance tax rules are long and complex and there have been ongoing debates relating to reform of inheritance tax for many years. Most recently there has been a proposal to change the current seven year rule to five years for gifts. This would mean that gifts made 7 years before the owner died would not be subject to inheritance tax.

Read further on the current reform proposals reported in the Law Society Gazette here:

https://www.lawgazette.co.uk/news/solicitors-disappointed-by-inheritance-tax-overhaul/5070923.article

Inheritance tax needs to be considered during your lifetime and in particular when making your Will. As the rules around inheritance tax are constantly changing it is important to keep your affairs up to date. Here at Pinkney Grunwells our Private Client department offer professional and comprehensive advice on inheritance tax and estate planning . If you would like any further information please contact us at your nearest Pinkney Grunwells office.

10 Reasons to make a will

Wed, 03 Jul 2019 13:00:53 GMT

“We’ve been meaning to do this for years…” is the most commonly used client phrase when coming to see us to make their Wills.

We’ve compiled a list of 10 of the reasons you should make a Will for those who may be in the same position and just need that little push to make an appointment and get their Will made.

You are in control of what happens when you die . A Will allows you to choose who will benefit and what they will get. If you die without a Will, the intestacy rules will decide who benefits from your estate and this is not always who you would have thought or would have wanted to benefit. You also choose specifically who will deal with your estate after your death.
You can ensure your partner is provided for if you are unmarried . The intestacy rules provide a hierarchy of who is to benefit from the estate of a person who dies without a Will. These rules do not recognise modern relationships and it could mean a long standing unmarried partner will not benefit from your estate at all.
You can gift and donate . You can preserve assets and ensure they are left to a specific person through your Will. You are also able to leave gifts of items or money to specific people or charities who would otherwise not benefit if you did not have a Will. The rules of intestacy deal with an estate as a whole which can mean selling assets. This can cause problems where you have a business or where you own property and a dependant is living in the property at the time of your death.
You can choose who is to be the guardian of your children . A Will allows you to nominate somebody of your choice to be the guardian of any of your children who are under eighteen at the time of your death.
It reduces the chances of a dispute . Although a Will can be sometimes be challenged and contested, the courts are much more reluctant to interfere in a provision made by a Will than a disposition provided for by the rules of intestacy. A Will reflects your wishes and it is not for the court to go against your wishes.
You can ensure disabled or vulnerable beneficiaries’ shares are managed . A trust can be drafted into your Will so that the inheritance you leave to a disabled or vulnerable beneficiary can be properly managed. If you die without a Will and a share of your estate is to go to somebody who is disabled or vulnerable, an expensive and time consuming court application may be required before paying out their share. People who lack capacity are unable to give valid receipt for their share so there may be difficulties making a payment to them.
You can provide for your beneficiaries whilst protecting your assets . A couple can arrange their Will in a way which protects their share of their home from being used to pay care home fees. This provides a comfort that their share of the property is available for the survivor to live in for as long as necessary.
You can avoid a lengthy probate process . In your Will you can provide names and addresses of beneficiaries. If you die without a Will, it can cause problems in identifying and locating beneficiaries which can add unnecessary costs to your estate and can be time consuming.
It can help to reduce inheritance tax liabilities . Leaving some or all of your estate to charity or your property to direct descendants in your will can reduce your tax liability if your estate is likely to be liable for inheritance tax.
Because you never know what is around the corner . One of the most common reasons people do not have a Will is because they don’t want to think about death. Don’t let the realisation that you need a Will come too late. Avoid added stress on what will be an already hard time for your family, make a Will to make sure everything is covered and your loved ones are provided for.

Speak to our Private Client department for further information on drawing up a Will and the costs of doing so. We have a team of dedicated and experienced Solicitors who can help you with the process.

No fault divorce...Finally on the way

Tue, 09 Apr 2019 13:46:59 GMT

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The Justice Secretary has today pledged that new legislation will be introduced allowing parties to divorce without the need for blame.

As the law stands we are bound by a very archaic piece of legislation which dates back to 1973. To get a divorce, one spouse must cite either adultery, unreasonable behaviour or desertion. The alternative is to wait for a period of 2 years separation and then divorce by agreement or divorce without agreement after a period of 5 years separation. However, immediately following a separation, practical considerations need to be given with regards to financial issues, which means divorce proceedings may need to start sooner rather than later. Often parties are not in a position to wait 2 years.

So No Fault Divorce is on its way. I do not stand alone, as a family solicitor, cautiously welcoming this piece of news. Note that I say ‘cautiously.’ As lawyers we have been calling for reforms to this legislation for many years, with plenty of acknowledgments from the powers that be agreeing reform would be a good idea. We now have the official nod that it is going to happen but there is still the question of when? According to national news sources, “As soon as parliamentary time allows…” I guess that comment alone could open up a whole new debate. I won’t go there today!

The reform is long awaited and in my view the most sensible way forward. As a member of Resolution, along with many other family lawyer members, I am committed to the constructive resolution of family disputes and follow a Code of Practice that provides a non-confrontational approach to family problems. The current law conflicts with this ethos. Separation, even if amicable, can be very difficult. To lay blame on one person for the separation is often a distortion of the reality of the situation. It causes unnecessary conflict between parties at a time which is particularly fragile, especially when there are children involved. The focus should be on reducing, not exacerbating, conflict within the family. Often the reason for divorcing is unlikely to have any bearing on the financial arrangement between the parties and more often than not can be a consequence of many different factors.

So I look forward to writing my next chapter within this episode “No Fault Based Divorce Bill - Passed by Parliament!” I’m just not sure when that will be.

By Teresa Bennion, Partner .

Teresa is a family solicitor, Member of Resolution First for Family Law and Accredited Family Mediator

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