Chattertons Solicitors

Assistance to safeguard non-resident homeowners against property fraud

2012-02-08T17:40:00.001Z

Land Registry assistance to safeguard non-resident homeowners against property fraud

On 1 February 2012, the Land Registry introduced a new form: Form RQ. This form can be used by homeowners who do not live (and do not intend to live) at their property to register a Form LL restriction against the title to their property. There is no charge for the application, which should be sent to the Land Registry's Birkenhead Office, regardless of where the property is located. The form is accompanied by a series of FAQs.

A Form LL restriction prevents any disposition of the property from being registered without a conveyancer's certificate. The certificate must confirm that the conveyancer is satisfied that the person who executed the document submitted for registration as disponor (i.e. the person disposing of the property – usually selling or mortgaging it) is the same person as the proprietor.

The Land Registry is trialling this initiative for an initial six month period. It is designed to assist property owners by protecting their empty or tenanted properties from being sold or mortgaged by a fraudster. Form RQ is not appropriate for use in respect of commercial property or development land or where residential property is owned by a company (as opposed to an individual).

Property owners not entitled to use the form, which would include owner occupiers, can also apply for a Form LL restriction but must use Form RX1 and pay an application fee of £50.

At Chattertons we ask all purchasers of residential property if they wish to register such a restriction at the time of registering their purchase and many clients take advantage of this. If the restriction is registered at the same time as the purchase is registered, there is no extra fee to register the restriction. It is only if it is registered separately that a fee arises where Form RQ cannot be used.

If you would like any advice about this issue please contact the conveyancing department at your nearest Chattertons office.

Employment Law Update Seminar – Thursday 9 February Boston 8.30am – 10.30am

2012-01-30T10:11:00.001Z

Our Employment Law Specialist, Peter Lawson, will guide you through all the latest changes in Employment Law to make sure that you are fully up to date and compliant. Peter will look at the Bribery Act 2010, Agency Worker Regulations 2011 and much more...

The seminar will be held at Chattertons Solicitors, 28 Wide Bargate, Boston. Registration from 8.15am. To book a place free of charge please call Lauren Harris on 01636 673731 or email lauren.harris@chattertons.com.

The Consumer Rights Directive

2012-01-24T19:50:00.001Z

This will affect your Business when you trade with Consumers.

The Consumer Rights Directive covers contracts for sales of goods and services from business-to-Consumer. Generally all contracts are covered, i.e. purchases made in a shop, at a distance or away from business premises. This Directive came into force on 20 October 2011.

The aim of the Directive is to ensure that Consumers, wherever they shop in the EU, will have clear information on all aspects of a contract before they sign or agree to it. This includes information about the price, any additional charges, late or non-delivery, as well as set out EU-wide Consumer rights on issues such as cooling-off periods, returns, refunds, repairs and guarantees and unfair contract terms, including e-commerce. There is also a requirement for clear information about Consumer rights to be displayed at the point of sale. This is currently not a statutory requirement in the UK.

The Directive should ease cross border trade as all European countries will be bound by the same rules rather than the numerous laws that each country currently has on Consumer rights. This will benefit your business in the long run and will open up new opportunities to trade in the EU.

The Directive does not cover financial services, which are covered by the Distance Marketing Directive.

The impact on the UK Consumer protection laws is far reaching as there is now a plan to merge all existing UK Consumer protection laws and regulations, together with the requirements of the Directive, into a single Consumer Bill of Rights. This will involve the repeal of several UK Consumer protection laws.

The Directive applies to contracts concluded after 13 June 2014 and is expected to be implemented in the UK in 2013.

What action should you take now ?

Review your business approach to Consumers, this inevitably means reviewing all of your trading terms and conditions, and will necessitate re-training of staff. Although 2014 seems a long way off it will be upon you before you know it and if your terms and conditions and your treatment of Consumers does not meet the new legislative requirements your business will be penalised.

Do not ignore this.

Please contact SARA CHECKLEY on 01507 522456 to discuss the impact of this new legislation on your business.

Immigration - Shortage Occupation List, Approved Test Providers, UK Border Agency

2012-01-20T13:00:00.001Z

The Government recently outlined a change to the Shortage Occupation List. This change took effect from 14 November 2011. Please note that there are now two Shortage Occupation Lists in circulation, a list which is valid up until 14 November and one which shall be valid from 14 November 2011, please take care that you consult the correct list. The Shortage Occupation List is part of the Tier 2 Points Based System, which is a lawful route to employment in the UK. Highly skilled workers from outside the EEA wishing to work in the UK must apply for a visa under this route.

The reason for this change is because specialist jobs that are no longer required in the UK will be removed. The purpose of this list is to ensure that the UK only accept migrant workers that the country needs.

Please also note that amendments have been made to the List of Approved English Language Test Providers for applications made under Tiers 1, 2 and 4 of the points based system and for spouse or partner applications.

The UK Border Agency has also reported removing over 40,000 immigration offenders in 2010. It is also worth noting, that from 1 April 2010 until 31 March 2011 that the UK Border Agency caught 73 illegal workers at 39 businesses in Lincolnshire. If you are found employing an illegal migrant worker you could be issued with a civil penalty fine of up to £10,000 for each illegal worker. It is therefore absolutely vital that you have the correct employment checks and records in place.

It is important that you consider your position and what your business needs are and accordingly make effective plans and seek legal advice.

If you require any further or specific advice then please contact Rebecca Birkett (an Immigration Solicitor) on 01205 310025 or email: rebecca.birkett@chattertons.com.

Please also feel free to distribute this email to any colleagues and contacts that you may have. If they wish to receive this e-mail directly, then please ask them to contact Rebecca Birkett on the details given above with their business contact details.

Immigration legal up-date

2012-01-09T17:22:00.001Z

It has recently been announced that from 19th December 2011 the Ministry of Justice will be introducing Appeal fee charges for some Asylum and Immigration Appeals.

Only those who receive a Decision Notice dated 19th December 2011 or later will need to pay a fee. Any Decision Notices dated prior to 19th December will not need to pay a fee.

Also from the same date, 19th December, any Appeal will need to be lodged with the Tribunal in the UK. You will no longer be able to submit an Appeal at on overseas Visa Application Centre.

Further guidance will be published on the Ministry of Justice website in the coming months.

As ever, if you have any immigration enquiries or queries, why not take advantage of our 20 minute free enquiry service and telephone Rebecca Birkett (Immigration Solicitor) on 01205 310025 or email her at rebecca.birkett@chattertons.com.

If you have found this update particularly useful and would like to be added to our mailing list please contact Rebecca directly.

Skegness Business Forum – Friday 13 January at the Marine Boathouse, Skegness

2012-01-05T16:48:00.001Z

The next Skegness Business Forum will be held on Friday 13 January at the Marine Boathouse, Skegness starting at 7.30am with a light breakfast.

Mark Simmonds MP has kindly agreed to come along and talk on the following points:

- Macro Economic situation

- Encouraging Economic Growth

- Government Policy to encourage Small Medium Enterprises – Job Creation

- Skills in the workforce

If you would like to book at place please contact Linda Clark by email linda.clark@chattertons.com or call 01636 673731 by Monday 9 January 2012.

Employment Law and the changes we can expect to happen this year!

2012-01-04T10:23:00.001Z

1st February. The definition of a "week's pay" for the purposes of redundancy payment calculations and basic awards in unfair dismissal cases, goes up to £430 per week from £400.

6th March. Consultation closes on fees in Tribunals and the Employment Appeal Tribunal

April. It is expected that the qualifying period for unfair dismissal will increase to 2 years and various other Tribunal reforms will take effect, for example the increase in deposit orders and costs awards.

Unpaid parental leave will increase to 4 months, and the Working Time Rules are likely to be amended to allow holiday to be carried forward in limited circumstances.

There will be increases in paternity/maternity/adoption pay, and SSP.

October. Pensions auto enrolment begins for larger employers. The national minimum wage may increase depending on what the Low Pay Commission recommends in February.

There are also likely to be the following developments during the year although we do not know the date when these may take effect.

• Penalties for employers who breach employment rights

• Early compulsory ACAS conciliation of all Tribunal claims

• Amendment of whistleblowing rules so that disclosures about breaches of employment contracts are no longer covered

• Compromise Agreements to be simplified

• Consultation on "protected conversations" between employers and staff about employment issues without a risk of dispute

• Consultation on rapid resolution scheme as alternative to Tribunal for low value and straightforward disputes

• ACAS disciplinary and grievance code "to be looked at" with a view to a simpler dismissal process

We will keep you up to date will all developments.

If you would like any further information about employment laws please contact a member of our Employment Team.

Happy New Year from the Employment Team

Buying Tickets to Events – Ticket Touts

2011-12-15T15:44:00.003Z

If you are disappointed because you do not get a ticket to see your favourite band or team, do not be tempted to buy from a ticket tout. There is no law governing the amount that ticket touts can charge for their tickets. So you could end up paying £100 for a ticket originally selling at £5.00.

The best advice is to only buy from recognised ticket sellers and if you are too late to get the ticket that you wanted then weigh up the costs, is it really worth it, as no doubt you will be able to see that band or team at a future date.

If you are at all worried about tickets that you have bought contact Sara Checkley on 01507 522456 or email sara.checkly@chattertons.com for more information on this.

Proposed rates for Statutory sick pay, maternity, paternity and adoption pay for 2012.

2011-12-13T15:52:00.001Z

The Minister of State for the Department for Work and Pensions, Steve Webb, has announced the proposed rates for statutory sick pay and statutory maternity, paternity and adoption pay for 2012.

The changes expected to come into force on 9 April 2012 are:

Statutory Maternity, Paternity, Additional Paternity, Adoption Pay and Maternity Allowance will increase from £128.73 to £135.45
Statutory Sick Pay will increase from £81.60 to £85.85.

Legal firm raises money for LNAA at Horncastle Christmas Market

2011-12-12T16:10:00.001Z

A local legal firm raised over £340.00 by running a tombola on their stall at the Horncastle Christmas Market on Sunday. The firm also gave out mulled wine and mince pies in return for a donation to charity.

Debbie Gosling, Michele Dean and Dawn Stedman who work for Chattertons Solicitors at the Horncastle office, agreed to run the stall to raise money for the firm's chosen charity the Lincolnshire and Nottinghamshire Air Ambulance. They were also joined by Debbie's husband Jonathan Gosling.

Over 120 prizes for the tombola were donated by staff from across the firm. The mulled wine and mince pies were donated by the firm.

Debbie Gosling says "The day went very quickly - we were kept busy with the tombola and mulled wine. We are very pleased with the amount of money raised and would like to thank everyone who supported us. We are now looking forward to doing something similar at the summer market in July."

To date staff from across the firm have raised over £2,000 for the charity by running various events including a firm wide bakeathon and raffle, a Christmas shopping evening and a bungee jump in Switzerland.

Chattertons are hoping to reach their target of £5,000 by the end of April and have other events planned throughout the next few months across their 10 offices.

Mulled Wine and Mince Pies at the Horncastle Christmas Market - 11 December

2011-12-07T23:37:00.001Z

Come along and join us on our stall for mulled wine and mince pies at the Horncastle Christmas Market on Sunday 11 December.

This year we have chosen the Lincolnshire and Nottinghamshire Air Ambulance as our Charity of the year 2011/2012 and will be running a tombola to help raise money for the Charity.

We look forward to seeing you there!

Buying Christmas Gifts

2011-11-29T14:46:00.001Z

It is that time of year again when we are all thinking about avoiding the Christmas queues and shopping early. If you are buying gifts for others you must make sure that you tell the retailer. If you do not you could be jeopardising the recipient’s rights if there is a problem with the gift. The recipient is a third party to the contract and as such will have rights under the contract provided that the retailer knows of their existence at the time of sale. If you are not sure about this contact our Sales of Goods expert Sara Checkley.

Did you know buying your gifts using your credit card will give you extra legal protection should there be a problem. Contact Sara for more information on this.

A recent survey has discovered that over 93% of us will be shopping on line this Christmas. If this is your preferred method of shopping be very careful. Make sure that the site that you use is not a scam site, that the payments that you make will be secure and that you can contact the site/ seller should your order not be exactly what you were expecting. Also watch out for delivery estimates. It is crucial to check out the site prior to placing an order. Contact Sara for advice on what to look out for.

Contact Sara at our Horncastle office on 01507 522456.

Lincolnshire’s local sustainable transport fund bid

2011-11-28T14:58:00.001Z

Lincolnshire’s local sustainable transport fund bid. Lincoln County Council are going to bid for funding to improve access for commuters, communities and businesses around Whisby Road and Doddington Road. The Project team are available at Hotel Ibis off Whisby Road on 8.12.11 between 09.00 and 17.00 hours.

Consumers and On Line Trading at Christmas

2011-11-23T17:54:00.001Z

If you buy goods or services over the telephone, via the internet, fax, e-mail or television then you are protected by the Consumer Protection (Distance Selling) Regulations 2000.

These Regulations cover sales to consumers. A consumer for the purposes of the Regulations means any natural person who, in contracts to which these Regulations apply, is acting for purposes which are outside his business.

A one off order made by phone and followed through will not be covered. Certain contracts are excluded or partially excluded from these Regulations. You should check with a specialist adviser on the Regulations whether or not your purchase is covered.

You will have the right to cancel the contract. The trader cannot deny this right. Failure to comply with the Regulations means that the contract is invalid and cannot be enforced against you. As you may be ordering all or most of your Christmas shopping on -line you need to know what your rights are if the goods are faulty, don't turn up or are not what they looked like on the website. Plus if you change your mind about the goods how do you let the seller know.

To check out your rights please contact SARA CHECKLEY at our Horncastle

Businesses and On Line Trading at Christmas

2011-11-22T15:23:00.001Z

If you sell goods or services to consumers over the telephone, via the internet, fax, e-mail or television then you are selling via a distance means or communication. Any sale made in this manner is governed by the Consumer Protection (Distance Selling) Regulations 2000.

You have to comply with the Regulations to provide pre-contract information. Plus you have to make it clear to the consumer when the contract is made.

The consumer will have the right to cancel the contract. You cannot deny this right and it will affect your trading and turn around times. This will be especially relevant at this time of year when your orders will be increased. Failure to comply with the Regulations means that the contract is invalid. You may also be liable to prosecution by Trading Standards.

If you use distance communication to sell your goods or services you must ensure that your trading terms are compliant with this legislation. To get your terms and conditions reviewed now please contact SARA CHECKLEY at our Horncastle office 01507 522456.

Angle Plc host LN6

2011-11-21T18:24:00.001Z

The latest LN6 event took place at the offices of Angle Plc at the Think Tank on Ruston Way, Lincoln. Members had the opportunity to hear an excellent and informative presentation by Angle’s Andy Priscott, on the diverse range of innovative projects in which Angle is involved. The Chair of LN6, Sophie Attfield said “Thank you to Angle for hosting such a great event and giving us an insight into their fascinating business. We are delighted to see so many people attending the LN6 events. The point of LN6 is to connect the businesses trading from LN6, large and small, with each other, and to reflect the views of the LN6 business community at this exciting time in the development of LN6 as a premier Business District of Lincoln”. The next LN6 event is on Friday 13 January 2012, hosted by Mike Westerman of VOSA at The Atrium, Lindum Business Park, Station Road, North Hykeham, LN6 3QX. LN6 is always keen to welcome new members. Contact michelle.noquet@chattertons.com for further information.

Getting the Christmas Party Right

2011-11-21T17:39:00.001Z

It’s that time of year again. Love them or hate them, the invitations to office Christmas parties will be arriving soon. For employers, parties pose a particular challenge. Jayne Harrison a partner based at the Grantham office says: "Nobody wants to be a killjoy, or more appropriately a Scrooge, but you have to take seriously the potential minefield that there is.”

For example, it is important to carry out a Health and Safety assessment of all possible risks and take reasonable steps to reduce them, as you would for any work activity. Did you know: Over 1,000 people annually are injured by Christmas trees. Anything involving a naked flame is a bad idea. Firms need to check that decorations are put up safely and do not pose a fire hazard. Equally, firms need to ensure that things don’t get out of hand. One of the biggest causes of post-festive season litigation is people letting their hair down (as they see it) and things getting out of control. Employees should be made aware that normal disciplinary procedures apply.

Jayne comments: “Remember: Employers can be held responsible for employees' actions after consuming alcohol provided by the employer. And as regards mistletoe, don’t even think about putting some up.”

If you need any further employment advice please call Jayne on 01476 591550

Boston Business Awards Dinner – Thursday 17 November 2011

2011-11-13T16:54:00.001Z

Chattertons Solicitors are once again pleased to be sponsoring the “Business of the Year” award at the third Boston Business Awards dinner, which will be held on Thursday 17 November at the De Montfort College, Mill Lane, Boston.

The evening will commence with a drinks reception before guests take their seats for a 3 course dinner which will be prepared by the students from Boston College.

Guest speaker this year will be Andrew Morris. Next year Andrew will be rowing across the Atlantic Ocean with ocean rower Mick Dawson. They plan to arrive in London at the start of the Olympics.

The awards ceremony will follow the guest speaker and the awards for this year will be:

Best New Business of the Year Award
Best Use of Technology or Innovation Award
Best Social Enterprise Award
Best Contribution to Boston Award
Best Customer Service Award
The Green Award
Best Business of the Year Award

The evening will come to an end at about 11pm.

Tickets are still available and can be purchased from Linda Clark at Chattertons Solicitors, call 01636 673731 or email linda.clark@chattertons.com.

Shopping Extravaganza – Thursday 1 December Grantham Office

2011-11-11T08:17:00.001Z

A shopping evening has been organised at the firm’s Grantham office on Thursday 1 December to raise money for the Lincolnshire & Nottinghamshire Air Ambulance. The evening will start at 7pm and finish 9.30pm.

There will be a number of stalls selling books, jams and chutneys, health and beauty products, candles, cards, jeweller plus much more…..

Tickets are £5.00 each and includes a glass of wine. Tickets can be purchased from our Grantham office, 30 Avenue Road, Grantham or from Linda Clark at our Newark office, 1 Trentside Business Village, Farndon Road, Newark.

All moneys raised will go to the Lincolnshire & Nottinghamshire Air Ambulance.

ILLEGALITY AND IMMIGRATION RESTRICTIONS

2011-11-10T11:54:00.001Z

There has been an interesting case recently in the Employment Appeal Tribunal where the employer argued that it should not pay an employee because the employer THOUGHT that to do so would be illegal.

The case is called Okuoimose v City Facilities.

The employee in this case was a member, by marriage, of the family of an EEA national. This meant that she was at all times entitled to resign and work in the UK. However a Home Office stamp in her passport confirming this, had expired. The employer then suspended her from pay for a period until the position could be confirmed with the UK Border Agency.

The employee made a claim for her lost wages saying that these were unlawful deductions from her pay. The Employment Judge in the Employment Tribunal agreed with the employer, and said that the Contract was illegal and unenforceable during that time and so the employer was right not to make the payments.

However the Employment Appeal Tribunal overturned this decision. It held that the employee was entitled to work in the UK at all times and this was not affected by the failure to obtain a new stamp in her passport. It was therefore irrelevant whether the employer was behaving reasonably, or thought it was behaving reasonably, or that it was worried about penalties. The employee's claim therefore succeeded.

This case follows a similar case where a similar outcome occurred. It shows that an employer cannot simply rely on what is in a passport, or even what the UK Border Agency even tell it, the question is: is the employee entitled to work here? If he or she is, then they are entitled to be paid.

Employment Law Update Seminars – Free of Charge

2011-10-24T12:15:00.001+01:00

Employment Law Update Seminars

Our employment specialists will look at the Bribery Act 2010, Agency Worker Regulations 2011 and much more...

Tuesday 15 November 8.30am – 10.30am at our Sleaford Office

Wednesday 16 November 9.00am – 10.30am at our Horncastle Office

Tuesday 29 November 8.30am – 10.30am at our Spalding Office

To book your place please call Lauren or Shellie on 01636 673731 or you can book your place through our website.

Confidential Information and “Perpetual Injunctions”

2011-10-18T09:11:00.001+01:00

A recent court case, The Hedgehog Golf Company v Hauser, has opened up new ground with regard to the extent of ex-directors’ obligations preventing them from revealing information about their former company to a new employer. In the case, an ex-director had been on the verge of revealing confidential information about one of his former company’s products (a patented device known as a Hedgehog – which basically is a series of studs attached to the wheels of a golf trolley enabling golfers to play in wet, muddy conditions). Their former company applied to the High Court to prevent this. Caroline Cropley a Solicitor in Chattertons says: "The High Court granted the former employer something unusual called a ‘perpetual injunction’, banning the ex-director from disclosing specified information regarding the product.”

It is well known that this area of the law is quite difficult to be cut and dried about, and confidentiality clauses often difficult to enforce. Caroline comments: “The case vividly demonstrates that people in this position, on whichever side of a dispute, do need to obtain proper legally qualified advice, before they do anything.”

If you need further information or advice please call Caroline on 01522 814600 or email caroline.cropley@chattertons.com.

No Delaying New Rights for Agency Workers

2011-10-17T09:53:00.001+01:00

Despite calls from some quarters that the Government should delay the introduction of the new Agency Workers Regulations, it appears that, after all, it came into force in the UK on 1 October 2011 without any changes. The effect is to provide equal treatment for temporary agency workers, compared with permanent workers, in terms of basic working and employment conditions (including pay, holidays, working time, rest periods and maternity leave) once they have worked for the qualifying period of 12 weeks. Jayne Harrison a partner in Chattertons Solicitors says: "Some people were calling for a delay to help boost employment prospects. But: no dice. The regulations give agency workers entitlement to the same basic employment and working conditions as if they had been recruited directly, if and when they complete a qualifying period of 12 weeks in the same job.”

Other benefits that agency workers will gain from the first day of their assignment include:

information about vacancies so that they have the same opportunity as other workers to find permanent employment;
equal access to on-site facilities, such as child care and transport services; and
Improved rights to protect the health and safety of new and expectant mothers, including the right to reasonable time off work to attend ante-natal appointments and adjustments to working conditions and working hours.

Jayne comments: “A concern we have is that some employers may have been encouraged by the speculation that there might be a moratorium on the introduction, to simply put the issue on the back-burner, and not consider what the Regulation will mean to them. Now they need to get their skates on.”

If you need further employment advice please call Jayne on 01476 591550 or email jayne.harrison@chattertons.com.

New online heritage database listing the country’s 400,000 listed buildings.

2011-10-12T11:39:00.001+01:00

English Heritage has launched a new online database. For the first time, there is now a single database listing the country's 400,000 listed buildings, registered parks, gardens and battlefields, protected shipwrecks and scheduled monuments.

Searches can be made by postcode, date, grade or by any category. So for example, searches can be made for listed buildings, listed lamp posts, scheduled coal mines or castles.

Source: English Heritage: The National Heritage List for England.

Chancellor announced two important changes to reduce employment tribunal claims

2011-10-10T18:09:00.001+01:00

Chancellor George Osborne has announced two important changes, intended to reduce the number of employment tribunal claims and boost the economy.
First, the qualifying period for unfair dismissal will be increased from one year to two years with effect from 1 April 2012.

This may however be subject to a legal challenge, in due course, but obviously many employees with less than 2 years service will as a result be prevented from bringing claims for unfair dismissal.

(The legal challenge is that some claimants may be able to argue that the change constitutes an indirect sex discrimination, as this is what happened previously when the qualifying period was 2 years. That was in June 1985. It could also be argued that this change will discriminate against young people as younger workers are much less likely than others to meet the 2 years qualifying service criterion).

However there is no minimum period of employment needed for an employee to bring a claim for discrimination, and indeed an applicant for a job, who was never appointed can bring a claim for discrimination in appropriate circumstances.
Secondly, fees will be introduced for tribunal claims. It appears the following fee structure will apply, but more information is awaited

A fee of £250 when lodging the claim with the Employment Tribunal ;
A further fee of £1,000 payable by Claimant when the hearing is listed;

Fees will be waived for those with no money, although it remains to be seen what exactly this means, and of course many sacked employees will "have no money". Fees will also be refunded to the Claimant if the Claimant wins, forfeited if they lose.

The Government have also announced that for the next 3 weeks their "Red Tape Challenge" will focus on more than 160 different cross~Government employment related regulations that businesses have to deal with in all areas of the workplace. They are looking for a variety of suggestions about how regulations can be improved, simplified or even abolished, whilst also ensuring that the current standard of employment rights for employees is maintained.

Examples of the regulations which the Government is seeking views on include the rules on collective redundancies, employment agencies, immigration checks, the National Minimum Wage and Statutory Sick Pay, to make sure that they are "fit for purpose and easier for businesses to understand.

Peter Lawson Represents Successful Parties - Right of Way to Agricultural Property

2011-10-06T17:22:00.001+01:00

"Peter Lawson represented the successful parties in the case of Smith & Another ~v~ Muller & Others which was heard in the Court of Appeal in December 2008 concerning a right of way to agricultural property"

Legal Open Day

2011-10-03T08:41:00.001+01:00

Wednesday 12 October 2011

10.00am — 4.30pm

30 Avenue Road, Grantham

01476 591550

FREE tea/coffee and cakes plus up to *20 minutes FREE legal advice on any of the following:

Wills, Family, Lasting Powers of Attorney, Administration of Estates, Court Deputyship Applications, Conveyancing, Personal Injury, Disputes, Employment, Commercial Property and Business Law

*20 minutes free legal advice is not available on instructions already received.

Presentation Night for Chattertons’ Cricketers

2011-09-28T12:43:00.001+01:00

The Chattertons Cricket Team held their inaugural presentation night on Saturday 24 September at Cogglesford Mill, Sleaford.

Over the course of the season the Chattertons team played four matches as follows:-

In mid-May Chattertons played Duncan and Toplis at Grantham. Duncan and Toplis fielded five players that played for club sides at weekends and they beat Chattertons by 57 runs.

In the second match, played at Horncastle, Chattertons took on Wright Vigar Accountants and having restricted Wright Vigar to 83 runs for 5 wickets in 20 overs, reached the required target for the loss of just 3 wickets, to win the match by 7 wickets.

The annual match against Moore Thompson Accountants at Spalding followed and despite Chattertons reaching only 61 runs in total, we did manage to reduce Moore Thompson to 37 for 7 before dogged resistance by Moore Thompson’s lower middle order batsmen saw them home to win by 3 wickets.

The final match of the season saw Chattertons take on Dexter and Sharpe at Horncastle and batting first scored a total of 133 runs with the loss of just 2 wickets. Dexter and Sharpe scored 112 runs, resulting in a 21 run victory for Chattertons.

Awards made on the evening were as follows:-

Man of the Match -v- Duncan and Toplis Adam Dawson

Man of the Match -v- Wright Vigar Liam Osborne

Man of the Match -v- Moore Thompson Alexander Cunnington

Man of the Match -v- Dexter and Sharpe David Rogerson

Ladies leading run scorer Annette Harris

Ladies leading wicket taker Melissa Thompson

Ladies player of the year Rebecca Birkett

Gentleman’s leading run scorer David Rogerson

Gentleman’s leading wicket taker Alexander Cunnington

Most catches Adam Dawson

Gentleman player of the year David Rogerson

Free Employment Law Update Seminars – Grantham, Lincoln, Sleaford, Spalding

2011-09-26T15:28:00.001+01:00

This free of charge Employment Law Update Seminar gives you practical tips on various employment issues.

A member of our Employment team will also be on hand after the seminar to answer any questions that you may have on a one to one bases.

The seminar will be held at the following offices:

Grantham Office 8.30am – 10.30am Wednesday 5 October 2011

Lincoln Office 8.30am – 10,30am Tuesday 11 October 2011

Sleaford Office 8.30am – 10.30am Tuesday 15 November 2011

Spalding Office 8.30am – 10.30am Tuesday 29 November 2011

Horncastle Office 8.30am – 10.30am Tuesday 13 December 2011

To book a place at any of the seminars please call Shellie on 01636 673731 or email michelle.noquet@chattertons.com.

Free Employment Update Seminar – 5 October 2011

2011-09-19T21:39:00.001+01:00

Jayne Harrison, head of the employment team, will run this free of charge seminar giving you practical tips on various employment issues.

Jayne will also be on hand after the seminar to answer any questions that you may have on a one to one bases.

To book a place at the seminar please call Shellie on 01636 673731 or email michelle.noquet@chattertons.com.

Insolvencies on the rise, but the message is mixed.

2011-09-07T12:14:00.001+01:00

It’s no surprise that mired in recession as we are, insolvencies are on the rise. The Insolvency Service has released its latest figures showing an increase in personal insolvencies from 30,145 in the first quarter of the year to 30,513 in the second. The latest figures cover the period up to June.

According to the Insolvency Service, personal insolvency for the purposes of these statistics includes bankruptcy, Debt Relief Orders (DVO) and Individual Voluntary Arrangements (IVA). The latest figures also showed a decline in the number of bankruptcies but this was coupled with an increase in DROs and IVAs.

Liz Hopkins a partner in local law firm Chattertons Solicitors says: " The overall message is quite mixed. In a more positive statistic, personal insolvencies have decreased, year on year, by 12% from this time in 2010. This comes against a backdrop of consistent decline in the personal insolvency figures over the previous three quarters, which may mean that even taking into account the last quarter, the year end total could be at its lowest since 2008.“

The figures for companies looked promising, with those entering administration falling from 782 to 695, which represents a drop of almost 11% on the previous year. However, company liquidations have continued to rise. There were 4,233 in the latest quarter which represents an increase of 112 on the previous one, a rise of 4.4% on the same period last year.

Liz comments: “We can be fairly sure these statistics reflect what’s really going on out there. The Insolvency Service is an executive agency of the Department of Business Innovation and Skills. Among its many purposes, it administers and investigates the estates of bankrupts, those subject to DROs and companies and partnerships wound up by the court.”

Call Liz on 01205 351114 for further information.

Lincolnshire and Nottinghamshire Air Ambulance – Charity of the Year

2011-09-01T11:30:00.001+01:00

Chattertons Solicitors have chosen the Lincolnshire and Nottinghamshire Air Ambulance as the Firm’s charity for 2011/2012. Staff at the firm chose the LNAA in memory of their colleague Tim Barker who died earlier this year. Tim was a member of the Woodhall Spa Lions Club and helped raise money for local charities including the LNAA.

The first fund raising event, a bakeathon, has been running throughout the firm’s offices in Lincolnshire and Newark. The idea started at the firm’s Boston office where Tim was a financial advisor.

Over £1,030 has already been raised and the target is to reach £5,000. There is a series of events organised to help reach this target, including a Family Fun run/walk on the 9^th October and a Raffle, which will take place in the same month. Other events planned including the Grantham Christmas Shopping Extravaganza and Christmas Hamper Raffle in December, New Year – New You at the Newark office in January and finally in March, an end of year event with an Easter Theme.

Liam Osborn, the firm's IT specialist, has raised over £1,200 by doing a bungee jump from the Verzasca Dam in Switzerland, which is the second highest jump in the world. The money raised from the jump will be included in the overall total.

Mountain Bike for 25 years Service

2011-08-26T14:31:00.001+01:00

Andrew Dawson has received a mountain bike for completing 25 years service at Chattertons Solicitors. Andrew joined the firm as a Trainee Legal Executive in 1986, and at that time he was "Jack of all trades" but soon picked up work in crime, matrimonial and personal injury. Andrew was based at the Wide Bargate office before moving with the Litigation department to a new office in New Street which was acquired by the firm in 1987.

Today Andrew and the litigation team are based at the firm's South Square office where Andrew has specialised in personal injury work for the last 12 years. He passed his final exams in 1996, having learnt by way of correspondence courses for each legal subject whilst still working full time. In 1997 he then qualified as a Fellow of the Institute of Legal Executives.

Andrew is married to Tracey, who also works for the firm, and has a daughter Bethany. He enjoys football, being a season ticket holder at Boston United, cycling, playing golf, being a member at Boston West Golf Club and cricket. Andrew used to play Cricket for Horncastle, where he was captain of the 2nd team, but now only captains the Chattertons Cricket team who play friendly matches against other local businesses .

Free Half Hour Family Surgeries at Chattertons Solicitors

2011-08-08T14:00:00.002+01:00

Free Half Hour Family Surgeries at the following offices

Sleaford – Monday 9am – 12noon (appointment only)

Grantham – Monday 9am – 12noon (appointments only but can be made outside these hours if available)

Spalding – Thursday all day - (appointments only but can be made on other days if available)

Boston – Mondays, Wednesday and Fridays - (appointment only)

Horncastle - Tuesday and Thursdays – (appointment only)

Newark – Monday 2pm – 4pm and Wednesdays 9am – 12noon (appointments only)

Stamford – (appointments can be made on any day)

Lincoln – (appointments can be made on any day)

Dam provides fund raising challenge

2011-08-08T12:55:00.002+01:00

Chattertons Solicitors IT specialist, Liam Osborne, has raised over £1,200.00 for the Lincolnshire and Nottinghamshire Air Ambulance by doing a Bungee Jump in Switzerland. The firm chose the Lincolnshire & Nottinghamshire Air Ambulance as their Charity of the Year for 2011/2012.

The Verzasca Dam in Switzerland was not only used to film James Bond's "Goldeneye" but provided Liam with the chance to jump of the second highest Bungee in the world which stands at 220 metres.

He left the UK on the 4 August and flew to Milan before driving to Ticino in southern Switzerland. The jump took place on the 5 August and Liam returned back to the UK the following day.

Liam had to agree that it took him 3 attempts before making the final jump and said "It wasn't until I got to the edge of the platform that I realised just how high the dam was. On each attempt my feet went further over the edge of the platform before I finally committed to jump. Once back on firm ground I realised what I had achieved on both a personal level and the amount of money I have raised for the charity".

Having now jumped from the dam, Liam is going to seriously consider what challenge lays ahead to raise further money for charity.

Temporary increase in small business rate relief for England extended

2011-07-22T16:37:00.002+01:00

A further order has been made which extends the temporary increase in the level of small business rate relief in England for a further year, until 30 September 2012. It does not change the eligibility criteria for the increased relief.
The increased relief was initially introduced for one year from 1 October 2010 to 30 September 2011. It provides 100% relief for eligible businesses occupying premises with a rateable value of not more than £6,000. There is a tapered relief from 100% to zero for properties with a rateable value between £6,001 and £12,000.
Please contact your local Chattertons Solicitors office for further details.

Furnished holiday lettings – new tax rules

2011-07-15T16:47:00.008+01:00

In general, leasing of real estate is taxed under the rules for property businesses, however, specific rules for furnished holiday lettings (FHLs) provide that an FHL business may be treated as a trade for certain purposes if it meets a number of conditions. Trading treatment is more beneficial than property business treatment.

A commercial letting of furnished holiday accommodation is treated as a trade for all purposes (section 65, CTA 2010).

A letting is of furnished holiday accommodation if the following conditions are satisfied:

The property is situated in the UK or the European Economic Area.

The business is carried on commercially and with a view to a profit.

The total periods of "longer term occupation" of the property do not exceed 155 days during the relevant accounting period. A period of "longer term occupation" is a letting to the same person for longer than 31 continuous days.

The property is available for commercial letting as holiday accommodation to the public for at least 140 days during the relevant accounting period (currently – see below for changes to be made for 2012/13 tax year).

The property is commercially let as holiday accommodation to members of the public for at least 70 days during the relevant accounting period(currently – see below for changes to be made for 2012/13 tax year). A letting for a period of "longer term occupation" is not a letting as holiday accommodation for the purposes of this condition.

On 27 July 2010, HM Treasury and HMRC issued a consultation document proposing changes to the taxation of furnished holiday lettings, as announced as part of the June 2010 Budget .

The proposals include that the period for which a furnished holiday letting is available to let, and is actually let, to the public each year is to be increased (from 140 days to 210 days and from 70 days to 105 days respectively).

Loss relief from a furnished holiday lettings business is also to be restricted so that it can only be set against income from the same business.

On 9 December 2010, HM Treasury published a summary of responses to its consultation, alongside draft Finance Bill 2011 clauses reflecting the government's revised proposals.

The government is proceeding with its proposal to extend the minimum periods for which an FHL must be:

Available for letting to the public each year (the availability threshold) from 140 days (20 weeks) to 210 days (30 weeks); and

Actually let to the public each year (the occupancy threshold) from 70 days (10 weeks) to 105 days (15 weeks).

However, these increases will take effect from April 2012 rather than April 2011 as originally suggested. This means that, for individuals and partnerships, the new thresholds will apply from the start of the 2012-13 tax year, and for companies, for accounting periods beginning on or after 1 April 2012.

The increases in the availability and occupancy thresholds are intended to ensure that only those persons running FHLs as a commercial business benefit from the favourable tax treatment offered by the FHL regime.

Please contact your nearest office for further information.

Good News - Change to B3s offered for Gaming from today.

2011-07-13T15:04:00.001+01:00

Parliament has finally listened to the industry and passed legislation which comes into effect today increasing the maximum stake for B3 gaming machines to £2. Operators can also increase the number of B3 gaming machines made available in AGCs and Bingo Halls. The maximum number of B3 gaming machines that can be offered has been increased to 20% of the total number of gaming machines offered. Fortunately this includes a minimum of 4 x B3 machines in an AGC and 8 x B3 machines in Bingo premises so there will be no need to reduce the numbers previously permitted, however Operators with multiple AGCs may now want to review the layout of arcades to reduce annual fees due for existing Premises Licences.

For further assistance contact Debbie Hough

RICS introduces Condition Report

2011-07-12T10:25:00.001+01:00

The Royal Institution of Chartered Surveyors (RICS) has produced a new type of survey for residential property. The Condition Report:

Provides information on property defects.
Does not contain a price valuation, but instead complements a mortgage valuation. As it does not contain a valuation, both RICS valuers and those who are not registered with the RICS Valuer Registration Scheme will be able to provide it.

The Condition Report is suitable for conventional and relatively new residential properties, and it can be used as an alternative to a building survey or the RICS HomeBuyer Report. It is aimed at:

Buyers who would otherwise rely on a lender's mortgage valuation rather than incurring the cost of a building survey.
Landlords wishing to assess the condition of their investments.
Sellers wishing to ascertain problems that might affect future sales.

Chattertons Solicitors strongly recommend all property purchasers to have at least a Condition Report or in appropriate cases a Homebuyer Report or building survey.

Credit Card Agreement Enforceable

2011-07-12T09:47:00.001+01:00

In a recent case, the Court of Appeal decided a debtor, Patrick Brophy, must pay his credit card bill, following the failure of his bid to overturn a High Court decision.
David Rogerson a partner in Chattertons Solicitors says: "This decision runs contrary to a recent run of decisions where the courts were backing consumers, rather than the finance industry.”

Mr Brophy took his case to the Court of Appeal, alleging that a credit card agreement he signed was unenforceable under the Consumer Credit Act 1974. When Mr Brophy applied for the credit card in 1994, the terms and conditions of the agreement were included on the reverse of the application form. Accordingly, it constituted one document for the purposes of the Consumer Credit Act. The form clearly stated that it was a ‘Credit agreement regulated by the Consumer Credit Act 1974’ between HFC Bank Ltd. and ‘you, the customer named below’. Mr Brophy argued that there was no intention to create legal relations as there was no certainty as to whether he would be granted credit and, if so, in what amount. It was further argued that the application form was simply an agreement to allow HFC to investigate Mr Brophy’s credit rating and that unless HFC returned a true copy of the agreement stating the credit limit, there was no agreement. It was held in the Court of Appeal, however, that the purpose of the relevant sections of the application form was to fix the manner in which the credit limit should be determined, not to specify its precise terms. The manner in which the credit limit would be determined in this case was by notification to the debtor.

David comments: “Clearly, in this case the courts thought this was a claim too far. Potential litigants should carefully consider the likely chances of success.”

If you feel you may need advice David can advise you on the latest law in this field. Call David on 01636 673731 or email david.rogerson@chattertons.com.

Businesses Look Out: Bribery Act In Force

2011-07-12T09:42:00.001+01:00

Businesses need to be on the alert: the new Bribery Act came into force on 1^st July 2011 and there will be no “grace period”.

The Act makes it a criminal offence to pay or receive a bribe, either directly or indirectly. It covers transactions in the UK and abroad, both in the public and private sectors. Companies and partnerships can also commit an offence where a bribe has been paid on their behalf by employees, agents or other persons providing services on their behalf.

Ben Ellis, a partner Chattertons, says: "We are concerned that a lot of businesses haven’t really cottoned on to the introduction of this new Act. Individuals found to be in breach of the new rules could face up to ten years in prison, with their business risking an unlimited fine. There is just one defence - to show that the business had ‘adequate procedures’ in place to prevent bribery.

Businesses must be aware that putting proper procedures in place to ensure compliance with the Act will take time. They need to act now or they could find themselves in an awkward situation pretty rapidly.”

If you need advice, contact Ben Ellis on 01529 411500 or at ben.ellis@chattertons.com for further information.

Village greens: Court gives green light, but to whom?

2011-06-20T21:19:00.002+01:00

To attempt to frustrate a possible development, it is not unknown for local residents to apply to register the proposed development site as a village green. If they are successful, the landowner must not interfere with the recreational rights of the residents, and the developer is hog-tied.

The High Court, however, has recently sided with those planning developments where the land has been appropriated by a local authority, and then sold to the developer.

Rodney Blezard a partner in Chattertons Solicitors says: "This case may throw up quite a flurry of activity as developers, councils and residents each race to act before the others.”

Land at Merton Green, Monmouthshire had been appropriated for planning purposes by Monmouth County Council, and the land sold to Barratts along with planning permission for residential development. The Merton Green Action Group subsequently successfully applied for the land to be registered as a village green under the Commons Act 2006.

However, the Town and Country Planning Act 1990 provides that land which has been appropriated by a local authority for planning purposes may be used by any person (eg the developer) in any manner in accordance with the planning permission.

The court found that the Town and Country Planning Act 1990 should prevail over the provisions of the Commons Act 2006. This meant that Barratts could go ahead with their development.

The conclusions are:

For local residents: get land registered as a village green before it is appropriated by the local authority for planning purposes.

And if you are a local authority (or developer): get the land appropriated for planning purposes before it gets registered as a village green.

Rodney comments: “To use a sporting term, the judgement seems to mean: get your retaliation in first. If people feel they may need advice Chattertons Solicitors can advise on the latest law in this field. Call Rodney on 01780 764145 for further information.”

Will Executed in Error cannot be rectified by High Court

2011-06-20T21:15:00.001+01:00

In an unfortunate recent case, the High Court concluded it couldn’t use the Administration of Justice Act 1982 to correct an obvious error made in executing a will. Under that Act a “clerical error” can be corrected. Elizabeth Nicholson a partner in Chattertons Solicitors says: "A very unusual case, with lessons for all to think about.”

The court was asked to consider “mirror” wills executed by an elderly couple, in which each bequeathed their entire estate to the other and then, on the second death, the whole to a man they had cared for since he was 15 years old and whom they regarded as their son. The problem was that despite witnesses being present, each signed the other’s will by mistake, and the error went unremarked until they had both died. The court ruled that despite the fact that this was obviously a mistake, the wills could not be rectified as they had not been executed validly in the first place. The judgement means that the estate will pass, under the intestacy laws, to the couple’s natural children, who were not close to their parents, and who had been excluded under the wills.

Elizabeth comments: “This case couldn’t more clearly demonstrate why using a solicitor is vital. For two reasons, first to get it right in the first place, but second, if it does go wrong, the solicitors’ professional indemnity insurance stands there to rectify the error where the Courts can’t, as will probably happen in this case.”

Crackdown on land banking by the Financial Services Authority (FSA) at the High Court

2011-06-13T19:39:00.001+01:00

The Financial Services Authority (FSA) has made significant steps in its crackdown on land banking with two important decisions at the High Court.

In one case the High Court made a winding up order against Plott UK Limited (Plott) and approved the appointment of a liquidator who will now identify, realise, and distribute the company’s assets to its creditors.

In a separate hearing, the High Court continued a world-wide freezing and restraint order against European Property Investments (UK) Limited (EPI).

The FSA believes that EPI is a ‘phoenix’ of Plott, that is: it took over Plott’s business once the FSA’s action against Plott began.

Plott

Between May 2009 and April 2011 Plott collected approximately £3.9 million from UK consumers.

Plott had been marketing plots of land as an investment opportunity and operating an unauthorised collective investment scheme (CIS). While the FSA does not regulate land as an investment, it does regulate the operation of CIS’s.

Plott promised its investors a return of investment of, on average, between 200 and 300%, yet at least one of the sites it was promoting was in a designated area of outstanding natural beauty and therefore highly unlikely to ever receive planning permission.

Many of its customers invested a minimum of £10,000 with the company, but the FSA is aware that many Plott customers invested many tens, and in some cases hundreds, of thousands of pounds with the company. Until the liquidator has completed its investigation into the company’s activities the FSA is unable to confirm whether any funds will be available to give back to Plott’s victims.

EPI

EPI owned two sites that Plott was promoting, however it appears to have only become active after the FSA had taken action against Plott.

In the short time it was operating, between 1st April and 27th May 2011, EPI accumulated around £639,000. Currently the FSA has managed to freeze and secure £180,000 while the rest was transferred out of EPI’s account before the freezing order was obtained.

The FSA is pursuing a civil case against EPI for operating an unauthorised CIS, but today’s injunction means that the firm will be breaking the law if it sells land or engages in any activity involving a CIS.

Tracey McDermott, the FSA’s acting director of enforcement and financial crime, said:

“This is an important outcome and sends a warning to other unauthorised land banks that the FSA can and will act decisively to shut them down.

“Consumers are much better off not putting their money into these schemes since, by the time we can catch up with the operators, most of the money has disappeared and investors are left with land thats value simply doesn't reflect the money paid for it.

“In our experience operators of unauthorised land banking schemes do not work in isolation, they often work together and their schemes are evolving. We are working hard to stop them but the lesson remains: do not deal with unauthorised businesses as you are not covered by the Financial Services Compensation Scheme.

“Once the dust has settled we hope to be able to repatriate remaining funds to customers of both companies, but it is likely that some people will not get any of their money back.”

If anybody thinks they may have been contacted by a land bank they can call the FSA’s consumer helpline for further guidance: 0845 606 1234.

The FSA also provides more information on land banks, as well as other types of financial scam, on the consumer information section of its website.

Lincolnshire Show Special – Food Tasting with Waitrose

2011-06-10T16:20:00.001+01:00

Chattertons Solicitors are proud to be working in association with Waitrose at the Lincolnshire Show .

We invite you to visit our stand (5-11 Fifth Avenue) on Wednesday 22 and Thursday 23 June 2011, where you can chat to one of our specialists or just join us for light refreshments.

You will also be able to meet Waitrose, Lincoln’s specialists, offering food and wine tasting during both days.

What’s happening and when?

Wednesday 22 June 2011

10am -11am Children's Wear - 11am -12noon Cooked Meat Tasting – 12noon -1pm Cheese and Wine Tasting - 1pm - 2pm Children's Wear – 2pm -3pm Fish Tasting

Thursday 23 June 2011

10am -11am Children's Wear - 11am-12noon Cooked Meat Tasting - 12noon-1pm Cheese and Wine Tasting - 1-2 Fish Tasting

We look forward to seeing you there!

Divorce and Hidden Assets

2011-05-16T19:00:00.001+01:00

The sensational allegations in the Scot Young divorce case has prompted a local law firm to urge parties contemplating divorce to be careful. Eleanor Thornton a partner in Chattertons Solicitors says: "The current Scot Young divorce case just highlights the need to be honest about all the assets in divorce proceedings. Whatever the truth of the allegations – and we couldn’t possibly comment, people need to be mindful that in any divorce case the court has many resources available to trace assets and it is likely that they will be able to find assets if they have been hidden.”

Mr Young’s wife alleges that her estranged husband was a secret shareholder in the talent show ‘American Idol’ and has hidden his investment whilst claiming instead that he is £28 million in debt. As well as the alleged shareholdings, Mrs Young also alleges that her husband owns substantial property interests. She claims that her husband has £2 billion in offshore accounts and tax havens and has used influential friends such as Mr Cash, Sir Philip Green and Simon Cowell to help hide his money. Mr Young denies the allegations. The case continues.

In divorce proceedings, if the court considers that there has been any non-disclosure, it may freeze the offending party’s entire assets and may also make that party responsible for the other party’s costs in the proceedings. Eleanor comments: “Seeking advice from properly qualified solicitors is essential". For further information or advice please call Eleanor on 01529 411500.

Default Retirement Age Changes Creep Up on People

2011-05-16T18:53:00.001+01:00

The law on age and retirement has changed. The Government has phased out the default retirement age (DRA) as of April 2011. Peter Lawson a partner in Chattertons Solicitors says: "This is an important change that both employers and employees need to get to grips with quickly – before workplace confusion causes disharmony.”

From 6 April 2011, employers are no longer able to issue notifications of retirement using the DRA procedure. Where notifications have already been made prior to 6 April 2011 in accordance with these procedures, employers will be able to continue with the retirement process as long as the employee is aged at least 65 - or the employer's retirement age, if higher - before 1 October 2011.

In accordance with DRA procedures, those employees will be able to request to work on beyond their notified retirement date and employers will be able to agree an extension to their employment. If the employer wishes to give an extension that still ends with dismissal under the DRA, the extension must be for a fixed period of six months or less. This is the maximum period allowed without the need to issue a further notification of retirement.

Peter comments: “Beyond certain transitional arrangements, employers are not longer able to rely on the DRA. This means that employers cannot compulsorily retire their employees, unless the retirement can be objectively justified in their particular circumstances.”

If you require any further information or advice, either as an employer or employee, then please call Peter on 01205 310025.

New rules on use of website cookies

2011-05-16T10:06:00.001+01:00

Businesses should be aware that changes to the rules on using website cookies for storing information will come into force on 26 May. Under new EU regulations, websites will be required to ask permission before collecting data from visitors. The Information Commissioner’s Office has published advice on how to comply with the changes.
Read the advice

Builder that took four years to renovate property caused nuisance

2011-04-12T18:34:00.001+01:00

In Jones and another v Ruth and another [2010] EWHC 1538 (TCC), the Technology and Construction Court (TCC) held that a builder, who had taken more than four years to renovate a terraced house, had taken too long in carrying out the works and had caused a private nuisance to neighbours living in the adjoining property. The TCC awarded the neighbours damages of £75,000 in respect of the nuisance aspect of the claim. The total award of damages, which included damages for harassment, personal injury and repairs, amounted to £96,800.

Although this case does not expound any new legal principles, it is a fine illustration of nuisance emanating from major renovations of a residential property, which is a very topical and emotive subject.

The TCC stated that, although the law recognises the dynamics of commercial necessity and private needs which drive progress and improvement, such construction activity cannot be at any cost to the neighbour. In this case, the neighbours had argued that the builder had unreasonably prolonged the building works for a period of four years, causing noise and dust pollution. Improperly fixed scaffolding had repeatedly banged against the wall of their property. Also, the workmen using the scaffolding had been able to see into their bathroom and garden.

The TCC stated that continuous building work for a relatively short period can be tolerated as a reasonable necessity or alternatively avoided. However, works which go beyond a four year period on a sporadic or ad hoc basis without notice and at any time, can become unbearable.

The TCC held that the building works should have been completed within the year and the continued works constituted a degree of nuisance that caused a loss of amenity to the neighbours that was incompatible with their reasonable enjoyment of their property.

Source: Jones and another v Ruth and another [2010] EWHC 1538 (TCC) (28 June 2010).

Reform of rules for bulk purchases of residential property

2011-03-28T12:02:00.001+01:00

Legislation will be introduced in the Finance Bill 2011 to provide a relief for buyers of residential property who acquire interests in more than one dwelling from the same seller.

Under the current rules:

A buyer who buys multiple properties from the same seller will pay SDLT on the total consideration given for the land. This can lead to the buyer paying a higher rate of tax than individual purchasers would have paid for the properties separately. For example a buyer who buys one house from a developer for £150,000 would pay SDLT at 1% or £1,500. But an investment buyer who buys two houses from the same developer each for £150,000 making £300,000 in total would currently pay SDLT at 3% or £9,000.
Where there is a single transaction for the sale or grant of a lease of six or more separate dwellings, those properties will be treated for SDLT purposes as non-residential property . The new relief will have effect for transactions where the effective date (usually the date of completion) is on, or after, the date on which the Finance Bill 2011 receives Royal Assent. If the buyer chooses to claim the relief:
Subject to a minimum rate of 1%, the rate of SDLT will be determined by the mean consideration. In other words, by the aggregate consideration divided by the number of dwellings.
In the example above the mean price of each of the two properties would be £150,000 so the investment buyer would pay £1,500 on each property, a total of £3,000, saving him £6,000 but the same amount as would have been due in SDLT if the two properties had been bought by different people rather than by the same person.
The dwellings will be treated as residential property no matter how many dwellings are involved.

The aim of this relief is to reduce the barrier to investment in residential property, and promote the supply of private rented housing.

Budget is a boost for first time buyers

2011-03-28T11:56:00.001+01:00

At Chattertons Solicitors we welcome anything that helps first time buyers. We are therefore pleased to work with a new Government scheme that will help 10,000 aspiring first time buyers get foot on the property ladder.

It was announced in The Budget that the Government is to make £250 million available for a new FirstBuy scheme to help first time buyers who are struggling to purchase a new home, due to requirements for a large deposit.

Over the next two years FirstBuy will help 10,000 prospective first time buyers purchase new build homes, providing a shot in the arm for the construction industry.

Housebuilders will match the Government's contribution to the scheme, which will provide a 20 per cent equity loan to top up first time buyers own deposit of 5 per cent, enabling buyers to take out a mortgage for 75 per cent of the property.

First time buyers are vital for the housing market and for the sales of new build homes and Mr Shapps said that giving them a foot up onto the housing ladder goes to the heart of the Government's commitment to support aspiration.

Housing Minister Grant Shapps said: "Demand for new homes is still growing, but last year housebuilding slumped to its lowest peacetime level since 1924.

First time buyers are still facing huge difficulties - many young people are being forced to postpone homeownership until their thirties and creditworthy first time buyers on good incomes are missing out on the opportunity to enter housing market by the lack of a large cash deposit.

By making up to £250 million available over the next two years for deposits on new build homes, this Budget shows that we are serious about sorting this out, and supporting our construction industry to build more homes, create new jobs and increase the pace of economic growth."

Loans will be free of charge for the first five years and repaid on resale of the property, with the funds recycled to fund more homes for the scheme. The first homes are expected to come on stream in September 2011.

Industry bodies welcomed the announcement as a much needed boost for the housing market.

Concern over new planning enforcement regime

2011-03-28T11:52:00.001+01:00

Changes proposed in the new Localism Bill could bring uncertainty and chaos to the property market. The Bill proposes changes to the planning system including strengthening authorities’ powers to tackle abuses of the system. The Bill will allow local planning authorities to pursue a planning enforcement order at any time after it becomes aware that there has been a breach of planning control and requiring a property owner to remedy that breach. Roland Freeman a partner in Chattertons Solicitors says: 'These reforms could have a serious effect on both the residential and commercial property markets, where innocent purchasers could become liable for the actions of a previous owner.”

The new regime could create uncertainty for the buyers of both residential and commercial property when they cannot establish whether previous owners have concealed a breach of planning control as they themselves could become liable to enforcement action for that breach at any point in the future. If the buyer discovers a concealed breach and then fails to report it, they will be concealing it themselves.

Roland comments: 'While aimed at the fraudulent and blatant cheats, the provisions are drawn so widely that they will catch anything which has not been expressly pointed out to the planning authority. Establishing deliberate concealment is not straightforward. The new provision is unnecessary – the two cases which have led to these proposals are highly unusual and bizarre. '

If you feel you may need advice Roland can advise you on the latest law in this field. Call Roland on 01507 522456 for further information.

Separating couples to be forced to consider mediation option

2011-03-28T11:50:00.001+01:00

From April separating couples will be required to consider whether their disputes can be settled by mediation rather than through the courts, justice minister Jonathan Djanogly has announced. Under a new protocol, agreed with the judiciary, all parties will be required to attend a mediation awareness session, either together or separately, to find out if mediation is appropriate for them. However, in cases where there are allegations of domestic violence or where there are child protection issues, cases will progress straight to court without the requirement to access mediation. Eleanor Thornton a partner in Chattertons Solicitors says: “Clients need to be re-assured this is not a blanket provision. We know mediation won’t be right for everyone. It won’t suit some people, who should be free to explore other avenues including court, or for those in serious or dangerous circumstances, for examples in cases of domestic violence or child protection. 'They will not be prevented from progressing straight to court.’

The protocol, which already applies to legally aided parties, will come into effect for privately funded people from 6 April. Eleanor comments: “Seeking advice from properly qualified solicitors is essential if clients are to go down the most appropriate route”

If you feel you may need advice Eleanor can advise you on the latest law in this field. Call Eleanor on 01529 411500 further information.

Listen to the Chattertons Solicitors radio ad!

2011-03-07T12:08:00.008Z

Listen to Chattertons Solicitors latest Radio Advertisement now playing on Rutland Radio using the player below or download to your own player using the link provided.

Download the mp3 here. (1.35mb)

Business rates exemption curtailed from April 2011

2011-02-21T10:57:00.001Z

Business rates are not payable on empty non-domestic properties with a rateable value below a certain threshold. The threshold was temporarily increased between 1 April 2010 and 31 March 2011 to £18,000. The threshold is due to be reduced on 1 April 2011. This will mean that fewer empty non-domestic properties will be exempt from business rates.
In light of difficulties faced by commercial property owners during the downturn, many of those in the property industry hoped that the threshold would not be reduced.
However the Department for Communities and Local Government (DCLG) has confirmed that, from 1 April 2011, the threshold in England will be reduced to £2,600 as originally planned.

Estate Agency Agreements – A Word Of Warning

2011-01-19T15:30:00.004Z

These are challenging times for the property market. If you have put your property on with one Estate Agent it can become increasingly tempting to switch to another, especially if you feel they are failing to make any progress in what you consider a reasonable amount of time.

Of course you are perfectly entitled to do this, but there are pitfalls. With recent rulings going against sellers, we urge you to check your contract and contact us for advice if you have any doubts.

When you instruct an Estate Agent it is normally a “Sole Agency Agreement”. This means that for the amount of time you agree on they are the ONLY agents who may market your property.

It is also possible to enter into a “dual agency agreement” where the property is marketed by two (or more) separate firms of Estate Agents. This can bring an added level of complexity regarding fee arrangements and you should ensure that you have a full understanding of how much you will need to pay on completion and who to pay it to. If you have any doubts you should consult us for advice.

It may seem obvious that the term “sole agency” means that only one Agent is responsible for marketing the property at any one time, but it can be all too easy to switch agents without fully considering what you are doing. In particular you need to check the financial effects this could have if you have not terminated the original contract correctly.

As an example, the Court of Appeal recently ruled that a homeowner had to pay an extra £10,883.00 commission on her sale. She had granted one Firm sole agency status, but failed to end this properly before the property was sold by another Estate Agent. She should have made sure that the original Estate Agent had stopped all forms of marketing before appointing the second company. If you have any doubts about your contract, contact your local Chatterton’s office for specialist advice.

We would also like to remind you that contracts can be legally binding when made verbally or by email as well as in the traditional written form. Again if you are in any doubt we are here to help.

So, when making any agreements with Estate Agents you should always read the small print of the contract and double check anything you are not sure about with the Estate Agent. We recommend you get anything you are told confirmed in a letter or an e-mail. If you are still in any doubt, contact Chattertons before entering into the contract.

When thinking of terminating your selling agreement with an Estate Agent to move to another it would also be very wise to ask us to check the terms of both contracts.

If you need any further help or advice contact your local Chattertons office, or email info@chattertons.com

Knipe Miller & Co Solicitors Spalding Merge With Chattertons

2011-01-17T13:00:00.007Z

Chattertons, The Lincolnshire Solicitors, is pleased to announce that Knipe Miller & Co Solicitors LLP, of Dembleby House, 12 Broad Street, Spalding, will merge with and become part of Chattertons with effect from 17th January 2011.

Richard Knipe, Dianne Miller and Peter Burns together with all their existing staff will join Chattertons. Richard and Dianne will join the firm as Consultants and Peter will join as an Associate, all working full-time.

The merger will strengthen Chattertons existing presence in Spalding where the firm already has offices in Pinchbeck Road. The combined practices will continue to operate from their existing premises in Pinchbeck Road and 12 Broad Street and it will be very much business as usual.

Peter Lawson, Senior Partner of Chattertons, said ""We are delighted that Richard, Dianne and Peter have agreed to join us. The merger will almost double our size in Spalding where we will have 28 legal and support staff. We have 24 partners and 180 staff across all our offices and the merger will allow us to continue our drive to be one of the largest and best legal firms in the area providing a full range of legal services and independent financial advice to both personal and business clients ".

Richard Knipe, Senior Partner of Knipe Miller, said "We wanted to offer our own clients a greater range of services and have the back up and support that goes with a larger firm and felt that we had many similarities with Chattertons. I am confident that the merger will be beneficial for both our clients and staff alike and I am looking forward to a new chapter in the firms history."

Chattertons Solicitors raises money for charity

2010-12-08T11:57:00.002Z

Chattertons Solicitors has donated £1,271.20 to the charity 'Help for Heroes'. The monies has been raised by staff from Chattertons Solicitors through various fund raising activities during the year from across the firm.

One of the main fund raising events held was a charity fun day which raised £750.00. Staff from across the firm helped to raise money by donating raffle prizes and taking part in various activities and games on the day as well as enjoying a barbeque. More recent fund raising events have involved staff baking cakes at their offices as well as raising monies through various raffles.

Senior Partner, Peter Lawson, of Chattertons Solicitors said "Each year the staff choose a charity for the firm. This year we are delighted to have raised the money for Help for Heroes which is such a worthwhile cause. I would like to thank all our staff who have contributed in so many different ways."

Peter presented the cheque to Katie Wilson, County Co-ordinator for Lincolnshire, at the firms Newark Office.

Katie said, "I was absolutely delighted to attend a cheque presentation from a local firm who have so generously supported our wounded troops, £1,271.20 is a magnificent total, thank you so much to everyone who helped to make it possible"

The firm also raises money during the year to support local charities in the community.

Employee or Employed?

2010-12-08T09:13:00.001Z

Just because you look like an employee, and act like an employee, it doesn’t mean you’re an employee – Official

The Appeal court has warned that people shouldn’t assume that “because someone looks and acts like an employee, it follows that in law he must be employed”. Peter Lawson a partner in Chattertons Solicitors says: “This case shows that both workers and employers need to be careful: appearances can be deceptive – and costly.”

The Appeal Court were ruling in a case involving a train maintenance engineer, who later became a manager, who worked for Alstom Transport in North London and wanted to bring a claim against the company for unfair dismissal. The man had a line manager, and employees reporting to him, he was authorised to recruit full-time staff, and had to apply to his line manager before taking annual leave. Nevertheless the Court of Appeal, overturning an earlier tribunal decision, decided that the man’s services were provided by a third-party contractor, he was on a significantly higher rate of pay than he would have been as an employee, and that he wasn’t in fact, an employee, and had no right to sue for unfair dismissal.

One of the judges, Lord Justice Elias said the mere fact that there was a “significant degree of integration” of the worker into the organisation was not at all inconsistent with the existence of an agency relationship.

Peter comments: “Looked at from both sides, it’s clear there is potential for things to go badly wrong, and in fairness to all concerned, clarity and certainty are called for – people need to know where they stand”
If you feel you may need advice, either as an employer or contractor, or worker, Chattertons Solicitors can advise you on the true position. Call Peter on 01205 310025 for further information.

Time limit for complying with initial requirements of tenancy deposit scheme

2010-11-22T11:19:00.001Z

In Tiensia v Vision Enterprises Ltd (t/a Universal Estates) and Honeysuckle Properties v Fletcher and others [2010] EWCA Civ 1224, the landlord failed to protect the tenant's deposit with a Tenancy Deposit Scheme and provide the prescribed information within 14 days of receipt of the deposit as required by the Housing Act 2004 (HA 2004). The tenant applied to the court for the landlord to pay a penalty of three times the amount of deposit under section 214(4) of the HA 2004.

The Court of Appeal held that the landlord had until the court hearing date to comply with the "initial requirements" of the Tenancy Deposit Scheme and provide the prescribed information. Late compliance by the landlord would furnish a complete defence to a claim under section 214, although there may be cost implications.

Landlords and tenants have been awaiting clarification on this issue which has caused much uncertainty and conflicting case law. The decision will be welcomed by landlords. However, it means that the court's power to impose a penalty of three times the deposit will rarely be exercised in practice. Also, landlords may now be less inclined to comply with the 14 day time limit, knowing that they can avoid the imposition of a sanction should the tenant take action against them at a later date. (Tiensia v Vision Enterprises Ltd (t/a Universal Estates) and Honeysuckle Properties v Fletcher and others [2010] EWCA Civ 1224 (11 November 2010).)

Acquiring a right of way by long use (prescription)

2010-11-22T11:13:00.001Z

In London Tara Hotel Ltd v Kensington Close Hotel Ltd, the High Court considered the circumstances in which a right of way can be acquired by long use (technically “a prescriptive right by a lost modern grant”).

The case affirms existing case law and it is a useful reminder that:

§ Landowners who grant a licence to use land should check that the land is being used in accordance with the terms of the licence.

§ Similarly landowners who have not granted a licence should check that their land is not being used by others.

Landowners should act promptly to take positive action to protect their rights where:

§ Their land is being used without permission, or outside the terms of a licence.

§ A licence to use the land has expired, or it has ceased to apply as it was personal to a former user.

Otherwise landowners run the risk that others might acquire prescriptive rights i.e. rights by long use. (London Tara Hotel Ltd v Kensington Close Hotel Ltd [2010] EWHC 2749.)

Consumer Protection Guidelines

2010-11-16T17:32:00.001Z

Local clients often find themselves badly treated by retailers. Now you might be in line for a better deal. The Office of Fair Trading has published guidelines for retailers.

Sara Checkley, Consumer Specialist in Chattertons Solicitors says

“These come with an online tool to be used by retailers to ensure that they are dealing properly with consumers returning or buying goods”.

"Sales staff may be unsure of their responsibilities under the Sale of Goods Act as it has been updated over the years and new requirements have been added," said Jason Freeman, legal director in the OFT's consumer group. The OFT said that consumers can face real problems in dealing with retailers who do not understand the law. “There is evidence that many retail staff do not fully understand customers' statutory rights when it comes to exchange and refunds" it said in a statement. "OFT research estimated that consumers experienced 26.5 million problems with unsatisfactory goods and services and that 34% of the problems were unresolved."

The OFT said it believes that unsatisfactory goods cost consumers £2billion a year. It said that it developed the 'SOGA Hub' website to help those selling goods to understand their obligations. The site was developed in conjunction with the British Retail Consortium and the Trading Standards Institute.

We can help you either as a consumer with a claim against a retailer or else if you are in business we can advise you on the latest laws in this field. The OFT is currently consulting consumer contracts and the EU has recently made progress on a new directive in this field – the consumer rights draft directive, so change is likely. Call Sara on 01507 522456 for further information.

Claims for Damages: Acceptance of Offers and Counter-Offers.

2010-11-16T17:28:00.001Z

When a claim is brought for damages for injury, both parties need to be aware of the position with regard to acceptance or rejection of offers and counter-offers of compensation.

Edward Conway a partner in Chattertons Solicitors says: “The party that is claimed against can make an offer under a procedure contained in Part 36 of the Civil Procedure Rules, but both sides need to appreciate that a recent case in the Court of Appeal has made it important you understand which offers can be accepted even if initially rejected.”

‘Part 36 offers’ are designed to make it more likely that a case will be settled before coming to court. In the recent case, Gibbon v Manchester City Council, the Court of Appeal looked at the position in which a Part 36 counter-offer was made and rejected, but subsequently accepted.

The case involved a claim for an injury resulting from a fall. The Council responsible offered £1,150 in compensation, which was rejected. The claimant made a counter-offer, indicating that she would accept £2,500, which the council rejected. Later, the Council sought to accept the offer, which had not been withdrawn. The Court confirmed that in the absence of a formal withdrawal of the offer, it could still be accepted. This differs from the position in contract law, in which an offer, once rejected, ceases to have effect.
[Partner’s name] comments: “Getting the position right regarding Part 36 offers is important because if an offer is not accepted and the court subsequently rules that the sum payable to the claimant should be less than or equal to the Part 36 offer, the claimant will normally bear some of the costs of the action. On the other hand, if the settlement ordered by the court is more than the offer made, then it is the defendant who will be responsible for the costs.”
If you feel you may need advice, either as a claimant or as a defendant, [firm’s name] can advise you on the latest law in this field. Call Edward on 01205 310025 for further information.

The Serious Organised Crime Agency (SOCA) has a warning for potential Landlords:

2010-11-11T15:43:00.001Z

SOCA has also alerted the residential letting sector.

The economic downturn of recent years has given rise to a growing number of people letting properties they have been unable to sell. The inexperience of these ‘accidental landlords’ may make them susceptible to targeting by criminals offering attractive cash payments, at top prices and months in advance.

Such offers may be tempting, but having criminal tenants could subject landlords to severe financial liabilities, blacklisting by mortgage and insurance providers and prosecution. Some criminal activities will also bring with them the risk of damage to both property and health by fire, explosions, flooding and exposure to toxins.

Carrying out the proper checks on prospective tenants is imperative, as is remaining vigilant with regard to managing a property once it has been let. Property owners can help to protect themselves by taking action including the following:

Demanding substantial references from employers and/or former landlords, and checking them out
Not accepting payment in cash
Undertaking regular property inspections
Intervening if sub-letting of the property becomes evident, or if tradesmen or utility providers report being denied routine entry
Reporting suspicions or concerns

Law enforcement action in recent years has uncovered rented properties used as brothels and people trafficking stations, and for the extremely hazardous production of methamphetamine. They mention a case when just in a single residence they found 2,000 cannabis plants and 1,000 buds.

Potential indicators of this kind of activity might include strong, continuous chemical smells such as ammonia, bleach, solvent or rubber, or levels of noise and human traffic inconsistent with the type of property. High levels of mail addressed to persons not connected to the address could also suggest tenants’ involvement in mass marketing fraud.

For further information, please contact Katherine Bunting on 01205 351114 or email katherine.bunting@chattertons.com.

Consultation for Category B3 Gaming Machines

2010-11-09T17:24:00.001Z

The Government has finally agreed to a consultation on the Category B3 Gaming Machines. It acknowledges that since 2007 a range of factors, including difficult trading conditions arising from the economic downturn have put the amusement and bingo industries in Britain under increasing pressure. It says that is persuaded that the situation facing the industries is sufficiently grave to justify considering whether a small increase in the maximum stake for category B3 gaming machines, and a recalibration of B3 gaming machine entitlements for adult gaming centres (AGCs) and bingo clubs might be appropriate.

A copy of the Consultation document can be accessed by clicking here

The Consolation started on 2 November 2010 and closes on 25 January 2010.

Comments and queries should be sent to:
gambling.consultations@culture.gsi.gov.uk

Competition law and “legal professional privilege “

2010-11-09T17:21:00.001Z

For decades, English lawyers have lobbied the EU to try to have the law altered so that legal advice from an employed in-house lawyer was regarded as “privileged” (not to be seized or seen by EU investigators in competition law cases) in the same way the advice of an external lawyer is so protected. In September 2010 it was confirmed yet again that there is no such protection for internal legal advice. This means in-house lawyers need to continue to be careful what they say and, in particular, write in internal advice.

Peter Lawson a partner in Chattertons Solicitors says:

“During raids in the UK in 2003 documents were seized in this case from Akzo. During the examination of the documents seized a dispute arose in relation, in particular, to copies of two e-mails exchanged between the managing director and Akzo Nobel’s coordinator for competition law, an Advocaat of the Netherlands Bar and a member of Akzo Nobel’s legal department employed by that company. After analysing those documents, the Commission took the view that they were not covered by legal professional privilege. The companies challenged the finding. The Court looked the older case of AM & S Europe v Commission, holding that it is subject to two cumulative conditions. First, the exchange with the lawyer must be connected to ‘the client’s rights of defence’ and, second, that the exchange must emanate from ‘independent lawyers’, ‘lawyers who are not bound to the client by a relationship of employment’.

“The Court said in-house lawyers are not independent enough as they are employed. The Court’s press release said “The Court considers that an in-house lawyer, despite his enrolment with a Bar or Law Society and the fact that he is subject to the professional ethical obligations, does not enjoy the same degree of independence from his employer as a lawyer working in an external law firm does in relation to his client. Notwithstanding the professional ethical obligations applicable in the present case, an in-house lawyer cannot, whatever guarantees he has in the exercise of his profession, be treated in the same way as an external lawyer, because he occupies the position of an employee which, by its very nature, does not allow him to ignore the commercial strategies pursued by his employer, and thereby affects his ability to exercise professional independence. Furthermore, an in-house lawyer may be required to carry out other tasks, namely, as in the present case, the task of competition law coordinator, which may have an effect on the commercial policy of the undertaking. Such functions cannot but reinforce the close ties between the lawyer and his employer.” The appeal was dismissed.

Under UK competition law, however, in-house lawyers’ advice IS privileged. If you need advice in this area or want an external law firm to provide you with privileged legal advice on competition law, call Peter on 01205 310025

European Contract Law

2010-11-09T17:16:00.001Z

Following the publication by the European Commission of a Green Paper on contract law, the UK Government has issued a Call for Evidence.

The Government has commented: ‘Contract law is a crucial aspect of trade and commerce and it is vital that these laws provide an environment of security which allows all parties to trade with confidence. When there is a dispute it is important that there is adequate legal certainty about how that dispute will be resolved. It is vital that we maintain this confidence when operating across EU borders. The Government wants to hear views to ascertain whether changes to cross-border contract law are needed and to assess what the impact of each of the European Commission’s options will be. It is important that the Government provides a well-evidenced response to the European Commission and I encourage all those with an interest to share their views.’

The Call for Evidence seeks views on whether the current regulation of contract law and any divergence of laws at national level present any problems or concerns for businesses and consumers. It also asks for opinions on the advantages and disadvantages of each of the European Commission’s options and what an appropriate response might be.

Caroline Cropley, Business Law Solicitor at Chattertons Solicitors says:-

“We spend a lot of time advising clients on drafting contracts and also advising them on their legal position when things go wrong. We can advise you on current and future contract law and how to make your terms and conditions apply to a commercial transaction.

Call Caroline on 01522 814600 for further advice and information on contract law or commercial disputes.

Thinking of booking your Christmas break? Read this before making that final decision.

2010-10-27T12:16:00.001+01:00

After the disastrous year that the travel industry has had it would be very unwise to book your holiday with an agent or operator who is not ABTA or ATOL registered. To find out exactly what this means for you contact Sara Checkley our holiday law specialist.

Unfortunately booking with a recognised travel firm does not mean that you will have a trouble free holiday. The standard tour operator response to a problem is to either ignore it or make a ridiculous offer. If you have a complaint whilst on holiday you must document it thoroughly and contact the tour operator as soon as possible. You do have recognised legal protection in these circumstances but the tour operator will be reluctant to tell you what this is. So please contact Sara Checkley on 01507 522456 if you have any questions of concerns about your holiday. Your holiday is the second most expensive commodity that you spend your hard earned money on so don’t throw it away.

Buying Christmas Gifts

2010-10-27T12:12:00.001+01:00

It is that time of year again when we are all thinking about avoiding the Christmas queues and shopping early. If you are buying gifts for others you must make sure that you tell the retailer. If you do not you could be jeopardising the recipient’s rights if there is a problem with the gift. The recipient is a third party to the contract and as such will have rights under the contract provided that the retailer knows of their existence at the time of sale. If you are not sure about this, contact our Sales of Goods expert Sara Checkley.

Buying Christmas gifts for yourself? If you buy these early and do not intend to use them until Christmas you should tell the retailer as this may affect your rights if you have a problem with the goods. The retailer will more than likely tell you to contact the warranty/guarantee company if you tell them about a problem with the goods. You do not have to do this and you should not be fobbed off with this answer. This is the position whatever the goods, be it clothing or electrical items. Contact Sara Checkley to discuss your rights should you have any problems with the goods that you buy.

Did you know buying your gifts using your credit card will give you extra legal protection should there be a problem. Contact Sara Checkley on 01507 522456

Consumer Guides:

2010-10-21T12:18:00.001+01:00

The Property Ombudsman has published a series of four guides to help consumers who are buying, selling, letting or renting residential property. They have been put together on the basis of issues that regularly give rise to complaints about estate agents. If you are interested, you can download the guides from www.tpos.co.uk.

Council tax and HMOs

2010-10-08T09:02:00.001+01:00

A recent High Court decision is likely to provide welcome relief to landlords who are being pursued by local authorities in respect of tenants who have failed to pay their council tax. The court decided that a landlord was not liable for council tax where the property was held not to be a house in multiple occupation (HMO).

What is an HMO for council tax purposes?

A property will be an HMO if it satisfies one of the following criteria:

It was originally constructed or subsequently adapted for occupation by a group of people who do not constitute a single household.
It is inhabited by a person who, or by two or more persons each of whom, either:

o is a tenant of, or has a licence to occupy, part only of the property; or

o has a licence to occupy, but is not liable to pay rent or a licence fee for the property as a whole.

Next steps

You should be very careful if you are planning to let out any properties that could constitute HMOs. Not only are there licensing and planning considerations to address, but you must also ensure that you are not exposed to any council tax liability.
To avoid any potential liability for council tax, you should put all your tenants on a single agreement and not reserve any part of the property for your own use or storage.

If you have any queries about this issue or anything else to do with residential lettings, please contact a member of our conveyancing team at any of our offices.

Property interests of formerly engaged couple decided by matrimonial rules.

2010-09-29T10:17:00.001+01:00

In a case concerning the property of a couple whose engagement to marry had ended, the Court of Appeal (Ward LJ, Lloyd LJ and Pitchford LJ) drew attention to the operation of section 2 of the Law Reform (Miscellaneous Provisions) Act 1970 (LRMPA 1970).

Section 2 provides that when a couple terminate their agreement to marry, property in which either or both had a beneficial interest during the engagement is subject to the same rules as determine the rights of husbands and wives in equivalent circumstances, including section 37 of the Matrimonial Proceedings and Property Act 1970 (MPPA 1970). Section 37 provides that where a spouse contributes in money or money's worth to the improvement of real or personal property in which either spouse has a beneficial interest, the contributing spouse (subject to any contrary agreement) acquires a share or an enlarged share in the property.

Section 2 should therefore always be considered when a formerly engaged couple split up. It does not apply to couples who, while living together have never been formally “engaged”. Also while section 65 of the Civil Partnership Act 2004 contains an equivalent provision to section 37 of the MPPA 1970, there is no equivalent provision to section 2 of the LRMPA 1970 so there is no recognition of the concept of an “engagement” of same sex partners prior to them going through a civil partnership ceremony.

Investors in People

2010-09-29T09:37:00.001+01:00

Chattertons Solicitors are pleased to report that following the firms recent Investors In People Assessment they have retained their status as an “investors in people”.

Liz Hopkins, Partner and Head of Training says ““The partners in Chattertons Solicitors are delighted that, once again the commitment of the firm to the development of its staff in order to achieve business objectives has been recognised in this way.”

New Bribery Act Coming Into Force

2010-09-27T17:00:00.001+01:00

Companies need to revise their policies and guidance to employees in the light of the Bribery Act 2010. The government has recently announced that the implementation date will be April 2011 which does not leave much time to revise procedures.

Peter Lawson a partner in Chattertons Solicitors says:

“We have had worried clients calling us about this legislation. In some countries it is almost standard practice to pay a bribe or have your local agent do so to facilitate transactions. We can advise on what actions will be lawful and which criminal offences and ensure you stay the right side of the law. Interesting areas under the Act include facilitation payments and corporate hospitality. Do you know how your business might be affected by the Act?

The Act makes it an offence both to make and to receive a bribe and contains a specific offence of bribing a foreign official. It also makes companies liable unless adequate procedures are taken. Contact us for details of what adequate procedures you need to put in place to minimise your risk of breaching the new law.

For further information please call Peter on 01205 310025

Guides to Equality Act 2010 Published

2010-09-27T16:18:00.001+01:00

Are you an employee or do you employ people? Either way the Equality Act 2010 which is due to come into force in October 2010 may affect you. The Government has now published guides to the Equality Act.

Peter Lawson a partner in Chattertons Solicitors says “The Equality Act 2010 draws together nine different pieces of employment law into one. All discrimination law is now in one place for example. The guides are published by the Government Equalities Office (GEO). There is separate guidance for employers, carers, the disabled, the public, voluntary and community organisations and the public sector. The Equality and Human Rights Commission has also published guidance on the new law

If you have been discriminated against on grounds of age, race, religion, gender, disability or otherwise contact us for advice. Call Peter on 01205 310025

Liz Graham joins Chattertons Solicitors

2010-09-13T18:44:00.001+01:00

Chattertons, The Lincolnshire Solicitors, welcomes Liz Graham to the firm. Liz will be based at the firm’s Lincoln office on Doddington Road, with effect from 6 September 2010.

Prior to qualifying as a solicitor Liz’s career was in staff and business development, as a partner in a local training consultancy, working on training and development projects for private and public sector clients across the East Midlands, and as HR Director for a local manufacturing business. She then moved to a large Lincoln based firm of solicitors where she became head of Training and Marketing. It was while she was there that she made the decision to re-train as a solicitor. She specialises in Family Law and in Civil Litigation matters. Liz is a member of the Advisory Board to the Law School at the University of Lincoln.

Liz is married with 3 children. In her spare time she sings with a local chamber choir and enjoys long walks with the family’s over-active spaniel.

Immigration Specialist Qualifies as Solicitor

2010-09-07T08:36:00.001+01:00

Chattertons Solicitors are pleased to announce that Rebecca Birkett qualified as a Solicitor on 1 September 2010.

Rebecca, originally a student of The Gleed Girls’ School, Spalding, moved onto the Queen Elizabeth Royal Free Grammar School, Spalding to complete her A-Levels. She then obtained a 2:1 Honours Law Degree from the University of Warwick in July 2007. In September 2007 Rebecca commenced the Legal Practice Course at Nottingham Law School where she achieved a high Distinction upon completion of the course.

On 1 September 2008 Rebecca joined Chattertons as a Trainee Solicitor and received training in the Litigation, Commercial, Insolvency, Trusts, Wills and Probate, Personal Injury, Employment and Immigration departments. However, having experienced a variety of different areas of law, she chose to pursue her interest in the Immigration sector and has spent the last two years specialising in Immigration Law. Rebecca is now based at the firm’s South Square office in Boston, but also offers advice at all of Chattertons other offices in Spalding, Sleaford, Stamford, Woodhall Spa, Horncastle, Lincoln, Newark and Grantham.

Rebecca said ‘there are very few immigration experts about, yet there are so many employers that require assistance and advice. The immigration rules, guidance and laws change regularly; it seems many employers have difficulties in keeping up with this fast moving area of law and many have found themselves liable for a civil penalty fine of up to £10,000 per illegal worker for what appears to be a lack of understanding of the law. I am very pleased to be specialising in such a specialist and challenging area of law, with a well respected legal firm.’ Peter Lawson, Senior Partner said ‘we are very pleased that Rebecca has chosen to specialise in this area of law and we hope to train and advise businesses and individuals so that they do not fall foul of the law.’

Rebecca has had a number of successful appeals and objections to date and is very keen to support local businesses and to fill in what appears to be a rather large knowledge gap when it comes to employing non-British workers. Rebecca has assisted a number of employers avoid a £10,000 fine per illegal worker. Rebecca is able to offer a free 20 minute consultation service to new clients on all aspects of immigration law whether it is for an employer, or for any applicant wishing to visit, study, work, or join family in the UK.

Away from the office, Rebecca follows many social and sporting interests and particularly enjoys playing Netball. She co-runs a local netball team and is also a keen badminton player. Rebecca is also co-chairperson of the Spalding Business Club.

Flintham Ploughing Match & Show and Southwell Ploughing Match & Show

2010-09-01T12:48:00.001+01:00

Chattertons Solicitors will be attending the Flintham Ploughing Match & Agricultural Show and the Southwell Ploughing Match and Show

Flintham Ploughing Match & Agricultural Show will be held on Thursday 23 September 2010 at Hawksworth, Nr Newark, Nottinghamshire, NG13 9DA.

Southwell Ploughing Match and Show will be held on Saturday 25 September 2010 at Farnsfield, Nottinghamshire, NG22 8EW.

We would like to invite you to visit us on our stand at both shows.

We look forward to seeing you there!

Chattertons Solicitors Merge with Arnold Deacon Greene & Co in Sleaford

2010-08-23T11:56:00.001+01:00

Chattertons, The Lincolnshire Solicitors, is pleased to announce that it has merged with the Sleaford practice of Arnold Deacon Greene & Co Solicitors. The merger coincides with the retirement of John Baines who took over from the founder, Mr Arnold Deacon Greene, in 1993 and who has been running the business from their premises in Eastgate in the town.

Sandra Cullen and her secretary Christine Haywood have joined Chattertons and are based at the firms Sleaford office where Sandra will continue to manage her current client base. Both Sandra and Christine have been welcomed by resident partners; Eleanor Thornton, Robert Alcock and Ben Ellis.

Senior Partner at Sleaford, Eleanor says “We are delighted that Sandra and Christine have joined us. They will further strengthen the existing team and we will be able to offer a full range of legal and financial services to their clients. Robert Alcock has taken over any matters previously dealt with by John Baines and it will be very much business as usual for Sandra and Christine”.

The merged practices operate from Chattertons’ premises in 5 Market Street, Sleaford, NG34 7SQ.

Doorstep Selling & Will Writers

2010-08-19T10:22:00.001+01:00

In order to ensure your estate is divided between the people and in the shares that you want it to be on your death, it is important to put in place a Will. This also gives you control over who will handle the distribution of your assets. For the wishes expressed in your Will to be carried out, the Will must be accurately drafted and validly signed. As there is a higher risk that “home made” Wills may not be prepared and signed in a way that will make them legally binding, people frequently instruct professionals to prepare a Will for them.

Professionals should advise on the type of Will that would best suit your personal circumstances and assets, using it to limit or avoid inheritance tax in your estate or to preserve your own share of your property for your children in the event that your spouse entered residential care following your death. Unfortunately there has in recent years been a growth in “professionals” seeking out potential clients in their own homes instead of relying on clients to contact them. The practice usually takes the form of a telephone call or visit to an elderly person offering them legal services at home which are often at prices that are vastly more than a firm of solicitors would charge.

In 2008 new regulations were passed, which provide protection to the Consumer if they are visited at their home by either an invited doorstep salesman or an uninvited doorstep salesman. In a situation where you are visited by a Will writer you will have a 7 day cooling off period in which to cancel the Contract. You must be provided with cancellation rights at the time of signing the Contract and these cancellation rights must be clear and there must be a detachable slip that you can return to cancel the Contract. If cancellation rights are not provided at the time that the Contract is agreed then it is an offence. The Contract cannot be enforced against you and the Salesman/Company can be fined up to £2,500.

Often Will writers who contact clients at home are not formally trained and quote “experience” as being their qualification. As they are currently unregulated (although Scotland is making moves to regulate this profession) there are few codes of practice that they should follow. The Law Society regulates law firms and sets professional standards and requirements. This includes transparent prices at the outset and the need for a solicitor to complete 16 hours of additional training every year. There is also a compensation fund and the requirement for law firms to have indemnity insurance so that in the event that a drafting error occurred with a Will, the beneficiaries could be compensated for any loss suffered. Will writers do not have the same obligation to obtain indemnity insurance.

If you are approached by any doorstep salesmen, including a Will writer, then you must ask for ID, telephone the head office to check that the Company does exist and do not be frightened to tell them to go away and come back at a more convenient time or simply to shut the door and say that you are not interested at all.

When considering whether to instruct a Will writer who has contacted you, it may be beneficial to contact a firm of solicitors for their opinion on your circumstances and wishes and to ask the cost that they would charge for a Will so that you can decide whether the action proposed and the price quoted by the Will writer is appropriate.

Buy to Let Mortgages: A High Point

2010-08-18T10:33:00.001+01:00

The number of buy to let mortgages taken out in the second quarter of 2010 was a 13% increase on figures for the previous quarter. Despite a still-subdued market, the number of buy to let mortgages agreed for Q2 2010 was 24,900, with a value of £2.4 billion, of which £1 billion was remortgaging.

Buy to let mortgages accounted for 12% of all mortgages, the highest proportion since records began. As at the end of June, there were 1.26 million buy to let mortgages outstanding, worth a total of £149 billion. In comparison, 22,000 buy to let mortgages were agreed in the previous quarter, and 21,600 in Q2 2009. Although business is only just over 25% of its level of three years ago, both the number and the value of buy to let loans were at their highest level since the fourth quarter of 2008. Levels peaked in the fourth quarter of 2009 but demand was artificially inflated by the end of the stamp duty concession.

CML director general Michael Coogan, commenting on the performance of the buy to let market, said: "The buy to let market has continued to grow, albeit slowly, throughout the period since the credit crunch. And with fewer people able to afford the entry costs to home-ownership, as well as the pressure on social housing, tenant demand for private rented property will remain strong. Finance for private landlords, whether institutional or individual, is crucial if the UK is to have enough homes to meet the needs of the population. Funding conditions for lenders remain tight, but there is every reason to expect the buy to let sector to continue to make a powerful contribution to helping meet the country's varied housing needs."

Repossession rates remain higher than in the owner/occupier market although this may be accounted for by the higher forbearance levels which must be shown to owner/occupiers under new rules.

Chattertons provide a full service for all buy to let investors from arranging mortgages, dealing with the purchase conveyancing and preparing tenancy agreements to dealing with problem tenants, obtaining possession and eventual resale. Contact any member of our conveyancing team at any office and we will be happy to help.

Divorce and Disclosure

2010-08-04T10:13:00.001+01:00

Some men and women withhold information about their income and assets on divorce and were in marriages where neither spouse knew the financial position of the other, as they kept this secret from each other during marriage.

Eleanor Thornton a partner in Chattertons Solicitors says:

“In a decision in July of the Court of Appeal, the court looked at the obtaining of documents from a spouse without permission, which is common in divorce cases. In some marriages couples have total openness and disclosure, they open each other’s post, leave statements lying around and do not maintain confidentiality between each other. Other couples hide details of their income. The Court recognised couples were entitled to choose which type of relationship they wanted and, if information were confidential, then only on obtaining a court order to search for evidence could a trawl though secret files and computer systems take place. It was not open to the other party to do so without consent.

Here, the brothers-in-law, who made office space available to their sister’s second husband, had heard from him that he would never let her know the full extent of his finances so that when divorce was in the offing they had a search done of their own computer systems (which he used) and took many files containing financial information. The court said this was wrong when he applied for an emergency court order for them to be returned. Instead, they would be given to his lawyer who could cross check his financial disclosure when it arrived to see if that which was revealed in the files was also in what was disclosed. The gist of the decision is that breaching confidentiality is wrong, even if to stop a spouse lying.”

We can advise you on issues of privacy and confidentiality, whether in divorce or another family matter, contact Eleanor on 01529 411500 for further information.

Consultation on furnished holiday lettings rules

2010-08-03T12:44:00.001+01:00

Summary

On 27 July 2010, HM Treasury and HMRC issued a consultation document proposing changes to the taxation of furnished holiday lettings (FHLs), as announced as part of the June 2010 Budget. The proposals seek permanently to extend the beneficial tax rules for FHLs (which, generally, only apply to UK FHLs) to European Economic Area (EEA) FHLs (there is a temporary extension at present).

In order to reduce the cost of this to the Exchequer, the government also proposes to increase the period for which an FHL is available to let, and is actually let, to the public each year (from 140 days to 210 days and from 70 days to 105 days respectively). Loss relief from an FHL business is also to be restricted so that it can only be set against income from the same business. These changes will obviously be detrimental to taxpayers currently within the favourable FHL regime and may lead to many (the government estimates 25%) being excluded from the rules. However, for those who remain, the government is considering ways in which the capital allowances rules may be made easier to operate, such as creating separate pools of FHL and dwelling-house expenditure for these purposes.

Responses to the consultation are invited by 22 October 2010, with the government due to publish its response, draft legislation and a technical paper before the end of 2010. The proposals are intended to be included in the Finance Bill 2011 and to have effect from 1 April 2011 (for companies) or 6 April 2011 (for individuals).

Background

In general, leasing of real estate is taxed under the rules for property businesses. However, specific rules for furnished holiday lettings (FHLs) provide that an FHL business may be treated as a trade for the following purposes if it meets certain conditions:

· Loss relief (section 127, Income Tax Act 2007 and section 65, Corporation Tax Act 2010).

· Capital allowances (section 17, Capital Allowances Act 2001).

· Landlords' energy saving allowance (section 313, Income Tax (Trading and Other Income) Act 2005 (ITTOIA 2005) and section 251, Corporation Tax Act 2009 (CTA 2009);

· Certain capital gains reliefs, including:

o business asset roll-over relief;

o entrepreneurs' relief;

o relief for gifts of business assets;

o reliefs for loans to traders; and

o the substantial shareholdings exemption.

(Section 241, Taxation of Chargeable Gains Act 1992.)

· The calculation of "relevant earnings" when calculating the maximum relief due for an individual's pension contributions (section 189(2), Finance Act 2004).

Trading treatment is more beneficial than property business treatment.

The conditions are that:

· The property is situated in the UK or, temporarily, the EEA (see further below).

· The business must be carried on commercially and with a view to a profit.

· The total periods of "longer term occupation" of the property must not exceed 155 days during the tax year. A period of "longer term occupation" is a letting to the same person for longer than 31 continuous days.

· The property must be available for commercial letting as holiday accommodation to the public for at least 140 days during the tax year.

· The property must be commercially let as holiday accommodation to members of the public for at least 70 days during the tax year. A letting for a period of "longer term occupation" (see above) is not a letting as holiday accommodation for the purposes of this condition.

(These conditions are found in Chapter 6 of Part 3 of ITTOIA 2005 for income tax purposes and Chapter 6 of Part 4 of the Corporation Tax Act 2009 for corporation tax purposes.)

Originally, the FHL rules applied only to lettings of UK property. However, concerns were raised that this restriction was contrary to EU law. Therefore, from 22 April 2009, the rules were temporarily extended to EEA FHLs. This extension was only temporary as the intention at that stage was to withdraw the rules completely . However, following the general election, the government decided not to proceed with this withdrawal and, as part of the June 2010 Budget, announced that it would consult on amendment of the FHL rules to make them EU law-compliant

Development

On 27 July 2010, HM Treasury and HMRC issued a consultation document proposing changes to the taxation of FHLs.

The key aspect of the proposals is to extend the FHL regime to EEA FHLs on a permanent basis in order to comply with EU law.

In order to reduce the cost of this extension to the Exchequer, the government also proposes to increase the period for which an FHL is:

· Available to let to the public each year from 140 days to 210 days.

· Actually let to the public each year from 70 days to 105 days.

Loss relief from an FHL business is also to be restricted so that it can only be set against income from the same business.

In addition, the government is considering ways in which the capital allowances rules may be made easier to operate. At present, a disposal event occurs for capital allowances purposes if a business qualifies for the FHL regime in one year but not in the following year. To avoid the administrative burden for those with FHL businesses having to keep track of this, the government proposes to maintain separate capital allowances pools for expenditure incurred on the property as a dwelling house and that incurred on the property as an FHL business. This would enable the FHL operator to keep the expenditure separate even in years when the business temporarily falls outside the FHL regime, making the rules easier to operate.

Comment

These changes will obviously be detrimental to taxpayers currently within the favourable FHL regime and may lead to many (the government estimates 25%) being excluded from the rules.

However, for those who remain, the government is considering ways in which the capital allowances rules may be made easier to operate, such as creating separate pools of FHL and dwelling-house expenditure for these purposes. If successful, this should reduce the administrative burden relating to capital allowances on those operating FHL businesses.

Best Trade Stand Award at Shows

2010-07-29T18:01:00.001+01:00

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.

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

2010-07-29T12:43:00.001+01:00

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

2010-07-26T16:27:00.001+01:00

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

2010-07-26T11:10:00.001+01:00

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

2010-07-07T15:32:00.001+01:00

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

2010-07-07T14:21:00.001+01:00

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

2010-07-06T21:37:00.001+01:00

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.

Furnished holiday letting tax regime will not be repealed

2010-07-06T11:14:00.001+01:00

The existing, favourable, tax regime for furnished holiday lettings (FHL) will not now be repealed. Instead it will be reviewed and amended from the start of the 2011/12 tax year.

The intended repeal was announced in the March 2010 Budget but was omitted from the Finance Act 2010 following considerable lobbying by representatives from the tourism industry. They were concerned that the loss of the tax advantages would lead to a reduction in available holiday properties, with consequent loss of income and jobs.

The government will consult later this year over what changes should be made to the current FHL rules to ensure that:

· They are fiscally responsible.

· They meet EU requirements.

The likely changes will be to the eligibility thresholds and the circumstances in which relief for losses can be claimed.

Eligibility as FHL

Furnished holiday lettings must satisfy all of the following criteria to benefit from the existing tax regime:

· Be available for holiday letting to the public on a commercial basis for 140 days or more each year.

· Actually let for 70 days or more.

· Generally let for periods of 31 days or less (longer lettings will not count as holiday lets).

· Include sufficient furniture to enable normal occupation.

In 2009, the FHL regime was extended, in practice, to furnished holiday lettings in the European Economic Area .

Tax advantages of FHL

Where a property qualifies as an FHL, it will be treated (for some tax purposes) as a trade, rather than a property business. This offers the owner several tax advantages, for example:

· They may offset any losses against other income.

· Their FHL earnings count as relevant earnings for the purposes of relief on pension contributions.

· They may claim rollover relief or entrepreneurship relief on any capital gains made on disposal of the FHL.

· They may claim capital allowances on plant and machinery installed in the FHL property.

Capital gains tax New higher rate

2010-07-06T11:12:00.001+01:00

A new higher CGT rate of 28% will be introduced with effect from 23 June 2010. For individuals, the rate will remain at 18% where total taxable gains and income are under the upper limit of the income tax basic rate band (£37,400 for 2010-11). The new 28% rate will apply to gains, or any parts of gains, above that limit. For trustees and personal representatives, the rate will be increased to 28% from 18%. There will be no change in the annual exempt amount, which will remain at £10,100 for 2010-11.

The new higher rate will particularly affect owners of second homes, holiday homes and buy-to-let landlords. As the increase will take immediate effect, any opportunity to sell such properties in advance, to avoid the higher rate, has already passed.

VAT Change of standard rate

2010-07-06T11:11:00.001+01:00

Legislation will be introduced to increase the standard rate of VAT from 17.5% to 20%. The new rate will have effect for any supply made on or after 4 January 2011. Zero rated and exempt supplies are unaffected by the change.

Anti-forestalling legislation will be introduced to counter arrangements that purport to apply the 17.5% VAT rate to goods or services to be delivered or performed on or after 4 January 2011. In certain circumstances there will be a supplementary charge to VAT of 2.5% where 17.5% VAT has been declared.

Forestalling will occur when arrangements are put in place for a VAT invoice to be issued by a supplier, or payment to be received by a supplier, before 4 January 2011, where the supply is not due to be made until or after 4 January 2011.

The anti-forestalling legislation will apply in certain specified circumstances where the supplier and customer are connected parties. There will be similar measures to prevent the use of the grant of standard-rated rights or options as an avoidance mechanism.

The supplemental charge will not apply to prepaid or invoiced rentals of land, buildings or other assets if the period concerned is a year or less, and the prepayment, or the issuing, of an advance invoice is normal commercial practice.

First-time buyer "relief"

2010-07-06T11:10:00.001+01:00

In the March 2010 Budget, the former Labour government announced the introduction of SDLT relief for first-time buyers of residential property where the consideration does not exceed £250,000.

In the June 2010 Budget, the new government said that it will review first-time buyer relief taking into account its impact on affordability and value for money.

The former Labour government stated that the relief would be available where the effective date falls on or after 25 March 2010 and before 25 March 2012. Where the relief is available, the nil rate threshold is effectively doubled.

The existing nil rate of SDLT on residential purchases not exceeding £125,000 continues to apply as before (which means that it is not limited to first-time buyers).

New SDLT rate

2010-07-06T11:09:00.001+01:00

The June 2010 Budget has confirmed that a new SDLT rate of 5% for purchases of residential property where the consideration exceeds £1 million, will take effect on 6 April 2011.

The new rate was announced in the March 2010 Budget. The previous highest rate was 4% for purchases where the consideration exceeds £500,000. All other SDLT rates and thresholds remain unchanged.

Small Business Rate Relief

2010-07-06T11:08:00.001+01:00

The government has confirmed that it will implement a temporary increase in the level of small business rate relief in England, as announced by the former Labour government in the March 2010 Budget. This increase will apply for one year from October 2010 and will give full relief for eligible businesses occupying premises with a rateable value of up to £6,000, and tapering relief for businesses occupying premises with a rateable value of up to £12,000.

Complying with break clauses in leases

2010-07-06T11:07:00.001+01:00

Break notices are often the cause of litigation, particularly in the current economic climate where landlords are keen to retain tenants of good covenant strength.

A break clause can be included in a lease allowing either the landlord or the tenant to terminate the lease early. The right to break may arise on one or more specified dates or it may be exercisable at any time during the term on a rolling basis.

Any conditions attached to the right to break must be strictly performed. In particular, time will be of the essence in respect of any time limits in the break clause.

In order to comply with a break clause it is always necessary both to comply with the break clause and the prescribed mechanics of giving notice. This means that the entire lease must be read to ensure that the impact of different clauses on the method of serving the break notice must be considered.

Although there is no new law in the case of The Hotgroup Ltd v The Royal Bank of Scotland PLC [2010] EWHC 1241 (Ch), it is a succinct and sharp reminder to consider the lease and all of its clauses before issuing a break notice. Failure to do so can result in the notice being invalid and the tenant (or a landlord) missing its opportunity to break the lease.

In this case there was a requirement to serve notices not only on the landlord but also on a property management company. This was not done within the strict time limit of the break clause and the court held that therefore the break had not been validly activated and the tenant was tied in for the remainder of the term.

There is no new law in this case but it is a clear and salutary example of the dangers of reading a break clause in isolation from the rest of the lease. If in doubt, consult your solicitor before serving notice to activate a break clause, giving them plenty of time to deal with it before the deadline.

Chattertons Solicitors supports local hospice

2010-07-05T11:54:00.001+01:00

Chattertons Solicitors’ Newark office was the venue for a ‘Ladies Indulgence Evening’ in aid of Beaumond House Community Hospice on Friday evening. Local craft stalls sold everything from shoes, handbags and jewellery to chocolate, cakes and glassware. There were 3 separate ‘treatment’ rooms offering hair makeovers, massages, facials, manicures and Reiki. The event was a success raising £300 for the hospice.

Skittles evening raises money for charity

2010-07-02T12:07:00.001+01:00

The Rotary Club of Newark held its first annual skittles evening with a fish & chip supper on Thursday at Chattertons Solicitors in Newark. Sixteen teams entered into the competition and the club raised over £290 by selling tickets and having a raffle.

The skittles were played in the garage at the office, whilst the fish and chip supper was served at tables outside. A prize was given to the winning team “The Coddington Chiefs”.

Lincolnshire Show Wednesday 23 and Thursday 24 June

2010-06-16T15:56:00.001+01:00

Chattertons Solicitors are working in Partnership with Waitrose at the Lincolnshire Show on Wednesday 23 June and Thursday 24 June 2010

We invite you to visit our stand to meet Waitrose specialists who will be offering food and wine tasting sessions on both days.

They will also be on hand to answer any questions you may have relating to these specialist areas along with Chattertons’ team of legal specialists.

Or simply just come along and join us for morning coffee or afternoon tea!

We look forward to seeing you there!