Best Trade Stand Award at Shows

Whilst at the Heckington Show over the weekend, Chattertons Solicitors was presented with a trophy for the "Best Trade Stand" at the show for 2010.

The firm was chosen for the award because of their friendly approach to people visiting their stand and for the interaction between members of staff and the children.

The trophy was presented to Linda Clark late on Saturday afternoon.

Linda says "I was so surprised when Jacki Wright, a member of the show committee, came over to tell me that we had been chosen for the award. There were over 250 trade stands at the show and for us to have been chosen was an honour.  Thank you to everyone from Chattertons' who helped at show over the 2 days”

Chattertons Solicitors will be at Revesby Show on Sunday 1 August, we will be pleased to welcome you onto our stand.

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IMMIGRATION LIMIT FOR TIER 1 & TIER 2 OF THE POINTS BASED SYSTEM

IMMIGRATION LIMIT FOR TIER 1 (GENERAL) & TIER 2 (GENERAL) OF THE POINTS BASED SYSTEM

From April 2011 the Government will introduce an annual limit on Applications for Tier 1 (General) and Tier 2 (General) of the Points Based System.

An interim limit has been introduced from 19^th July 2010 until the long term limit is introduced in April 2011.  The Home Office have shown an indication to scale back net migration from outside Europe back to the levels of the 1990’s. 

How the final limit will be delivered will be agreed following a 12 week Government consultation with businesses.  The Migration Advisory Committee has now launched a consultation and that consultation will be open for submissions until 7^th September 2010. 

The guidance forms and application forms themselves for these applications have been updated and republished.  It is important that new applications are made on the relevant forms and that the accompanying guidance is read.

The interim measures include:

1. capping the number of Tier 1 migrants at current levels;

2. raising the number of points needed by non EU workers who come to do highly skilled jobs from 95 points to 100 points; and

3. limiting the number of Certificates of Sponsorship which licensed employers can issue to those who wish to come and fill skilled job vacancies.  This will reduce the number of people entering through Tier 2 by 1,300.

With regards to Tier 1 applications, applications will be dealt with on a first come, first served basis.

You may find it necessary therefore to review your Sponsor’s Licence and to review any possible new employees who may be subject to this Scheme and to review your future options.

All Sponsors affected by the introduction of the interim limit should receive a letter from the Home Office detailing what their allocation is and how this has been calculated.

Chattertons are here to help you through these difficult processes.  If you have any further questions or concerns, please do not hesitate to contact our Rebecca Birkett on 01205 310025 or by email at rebecca.birkett@chattertons.com.

Protection for Residential Tenants against Repossession

 Protection for residential tenants against repossession by landlord’s lender comes a step closer

Regulations have been made to give some protection to residential tenants whose tenancies did not bind their landlord's mortgage lender during repossession proceedings.

Section 2 of the Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MRPTA 2010) provides that a possession order for a mortgaged property that consists of, or includes, a dwelling-house may only be executed:

§ If the mortgage lender gives notice at the mortgaged property of the mortgagee making an application to the court for a warrant for possession of the property.

§ After 14 days (beginning with the day on which the notice is given) has elapsed.

§ The notice must be in the form set out in the Schedule to the Regulations.

The Regulations will come into force on 1 October 2010.

FIRST TIME BUYERS

At Chattertons Solicitors we are aware that buying your first home is a very significant turning point in your life.

You will probably have dreamt of owning your own home for years, have possibly been scrimping and saving for years to raise the all important deposit and you have finally reached the point where you are ready to face the future and commit yourself.

Most of us who work at Chattertons have already taken that first step of moving into the housing market and remember taking that tentative first step on to the first rung of the property ladder. It is with this personal experience and our extensive legal expertise that we are here to guide you through the process.

We know that the challenges facing first time buyers today range from mortgage availability to being inundated with legal jargon and Estate Agent banter all set against a backdrop that feels at times as if things are spiralling out of your control.

This is where we come in. We are committed to all our clients but understand that our First Time Buyer clients need a huge amount of support as not only are you entering the housing market for the first time, this will probably also be the first time that you have had to make contact with a Solicitor, a Mortgage Adviser and a Surveyor.

We are able to provide you with a complete in house service as we provide the full range of conveyancing services and also have an independent mortgage adviser who can talk you through the mortgages that are on offer, arrange your buildings and contents insurance and your life insurance. Once you have completed your purchase we can refer you to our Private Client Department who will guide you through the next important stage which is to make a Will.

To ensure that our First Time Buyer clients receive the best possible service, each of our offices has a dedicated First Time Buyer Adviser who will liaise with you, the Estate Agent and your mortgage adviser from the beginning of the transaction to the day that you collect your keys. You will have a named adviser who will be available to you during working hours via email, phone or can see you in person at the office of your choice.

To find out more details of the service we can offer you please contact us at any of our offices and ask to speak to the First Time Buyer Adviser.

Housing Benefit Caps

The Emergency Budget

Many of our private clients are affected by the recent emergency budget. Apart from the increase from next year of VAT to 20% from 17.5%, major changes were announced in relation to housing benefit caps and limits and there were changes to child tax credits which are cut for those on more than £40,000 per annum. Many benefits including child benefit were frozen.

Katherine Bunting a partner in the firm says:

“If you own a second home you could be affected by the rise in the capital gains tax rate when you sell the house, where you sell it at a profit. From 1988 to 2008 the rate was the individual’s upper rate of tax where the gain would push them into that band – for many that meant CGT at 40%. It went down to 18% in 2008/09 and has now risen”.

For many years, the rate was 40% but it came down to only 18% in 2008/09. With effect from the budget day for higher rate tax payers, and those whose gains push them into that tax band, is now 28%. However, anyone selling shares in a business only pays 10% on the first £5m of their lifetime gains up from £2m.

The increases were not as bad as feared and those who were waiting to sell a property and were concerned about the increase may now choose to proceed with their property sales. It is important to be aware that the CGT rate is calculated by adding the gain made to the individual’s annual taxable income. So someone on £5k a year income making a £20,000 capital gain will simply pay the lower rate of tax on the gain. Someone on £20k a year who makes a £50k gain is going to pay CGT on some of that gain at 28%. Just because they are a lower rate tax payer does not mean the entirety of the gain is taxed at that level.

If you want any help or advice from us on selling your property or on the budget changes, please call Katherine on 01205 351114

Data Protection

 

Do you protect the personal data which your business holds properly? The Data Protection Act 1998 can be complicated. In June, the Information Commissioner’s Office has said it is very concerned about breaches of data protection rights by the NHS.

Peter Lawson a partner in Chattertons Solicitors said “Last month two NHS Foundation Trusts were the latest NHS bodies found to have breached the Data Protection Act 1998. Both NHS organisations’ chief executives have had to sign formal undertakings that they will comply with the law from now on. One quarter (250) of all data breaches reported to the ICO is from the NHS but many private businesses are also at fault.

We can advise you what procedures you need in place when handling employee HR records and customer details, what you have to do to engage in lawful email marketing and what privacy policies you need on your website and in your business. Most businesses need to register and pay an annual fee to the Information Commissioner’s office under the data protection laws and fines can be heavy after they were increased earlier this year.

For further help and advice please call Peter on 01205 310025.

Beneficial shares in a property

In Kernott v Jones [2010] EWCA Civ 578, the Court of Appeal applied the principles laid down by the House of Lords in Stack v Dowden and allowed an appeal from the High Court's decision.

In this case, an unmarried couple purchased a property as joint tenants. The relationship ended. The man moved out and purchased a house in his name, for which he was solely responsible. The woman remained in occupation of the property and was solely responsible for it. After 12 years' separation, the man severed the joint tenancy and claimed his share in the property.

The Court of Appeal held that there was no evidence to displace the presumption of equality of beneficial shares. It was not possible to infer a joint intention from the parties' conduct since their separation that their equal shares should be varied. It declared that the parties held the property as tenants in common in equal shares.

This decision provides further confirmation that the burden on the party seeking to rebut the presumption of joint beneficial interests is a heavy one. It also illustrates the importance for cohabitants of entering into an express agreement as to their beneficial shares in a property.