Following on from our last blog on business property relief (BPR), a similar and equally as useful relief for inheritance tax is agricultural property relief. When calculating tax on an estate: Agricultural property relief is applied first; and BPR is applied to any...
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Consumer Rights : Buyer Beware
The Consumer Rights Act 2015 came into force on 1 October 2015, replacing three major pieces of consumer legislation, namely the: Sale of Goods Act 1979; Unfair Terms in Consumer Contracts regulations; and Supply of Goods and Service. The aim of the Consumer Rights...
Energy Efficiency Regulations 2015 – Energy Performance Certificates
LANDLORDS: NEW DUTIES TO IMPROVE THE ENERGY EFFICIENCY OF YOUR PROPERTY If you are the current Landlord of a Commercial or Residential Property or even if there is only a possibility that you may consider renting out your property in the future, you must be aware of a...
Business Property Relief
On the face of it, inheritance tax appears to be huge at 40%. However, there are things which do in effect reduce the amount of tax payable. Probably the most widely known is the nil rate band and the new residence nil rate band soon to be introduced next year....
Stamp Duty and Additional Properties: How does it work?
I am purchasing an additional property, how does stamp duty work? From 1st April 2016, the government introduced a stamp duty for people who already own a property and are purchasing an additional property. This means that you have to pay stamp duty at the normal rate...
Party Walls: Not as fun as they sound!
What is a Party Wall? A party wall is a wall that divides a building between two owners (e.g. the vertical wall between two neighbouring terraced houses). There are however, other forms of party walls such as a party fence or a party structure. Party fence – this...
Challenge a Will – Creditor of a Beneficiary to an Estate
The Court of Appeal has recently given leave to a man to challenge his ex-mother in law’s will in the case of Randall v Randall. Facts of the case Colin and Hilary Randall divorced in 2006 and as part of the settlement, Mrs Randall would be able to retain £100,000...
Contracts: Battle of the Terms
Contracts are often hotly negotiated, involving numerous rounds of offer and counter offer. While there is undoubtedly a commercial advantage to both parties negotiating the best possible deal, if the parties are not careful, these rounds of offer and counter offer...
The Cost of Buying a New Home
A new home is probably to be one of the most expensive purchases you will make during your lifetime. Besides the property itself, you will have likely heard of other costs you may incur. Whether you are a first time buyer, or you are just unsure about the costs of...
Contracts: Authority to sign?
Can someone sign a contract on my behalf? We are often approached by individuals who are confused as to whether they can be bound into contracts or liable for the debts of their spouse or other family members. The truth is that we are all separate individuals...
The risk of failing to update your will
Whilst people may prepare a will to deal with their affairs, unfortunately a lot of people may simply forget about it for years to come. It is vastly important that these documents are regularly reviewed to take account of any changes to your personal circumstances,...
Termination or renewal of a business lease
What do I need to know about the termination or renewal of a business lease? Whether you are a landlord or a tenant of a commercial property let for business use, it is important to know your rights on the termination or renewal of the lease. Normally under the...
Rise of people dying intestate (without a will)
The Figures The charity Citizens Advice has recently released their figures showing a sharp increase in the number of people phoning for advice on issues where someone has died without leaving a will (dying intestate): Year Queries 2011 1,522 2012 1,942 2013 2,626...
Adverse Possession
What is adverse possession of land and how can I obtain it? The majority of land in the UK is registered at the Land Registry and property owners should be familiar with the boundaries of their land. However, there are some instances where land remains unregistered...
Enforcing Judgements: 2/2
Following on from Enforcing Judgements: 1/2, in part two, we will be looking at: Third Party Debt Orders; Orders for Committal; and Insolvency, as enforcement options when facing a situation whereby you have acquired a judgement but your opponent is not complying with...
Enforcing Judgements: 1/2
In this two part series, we discuss the options when facing a situation whereby you have acquired a judgment but your opponent is not complying with the order of the Court. In part one, we look at: Charging Orders; Writs and Warrants of Control;and Attachment of...
Help, my tenant owes me money!
Having a buy to let property can be a good way to bring in an extra income stream. However, what can and should you do if your tenant stops paying their rent? Telephone the tenant As a first port of call, give your tenant a call or pop round to the property to speak...
The importance of planning permission
If you are thinking of renovating or extending your property, you must have the necessary planning permission from your Local Authority to do so. Planning permission: when is it needed? Generally, planning permission is required if you want to build something new,...
Penalty Clauses in Contracts: Update
Parking charges in private car parks are constant irritation for motorists and for that reason the decision in ParkingEye Limited (Respondent) v Beavis (Appellant) [2015] UKSC 67 has been of great interest to many. The case concerned a parking fine of £85 that the...
Help to Buy ISA – What you need to know
Are you thinking of buying your first home? It is becoming increasingly difficult for first time buyers to get onto the property ladder in the UK - here’s one way to save towards your dream home - the 'Help to Buy ISA'. The government have recently introduced the Help...
Yorkshire Flooding: the aftermath
The severe flooding across Yorkshire and other parts of the UK during December 2015 may have become a distant memory for those not directly affected. Almost four months on, the effects on thousands of homes and businesses still remain very real today. Flooding is...
How do I evict my tenant? | 3 of 3
In our final instalment of articles about tenancy deposits, we look at what a Landlord can do if he finds himself in a position where he has mistakenly failed to comply with the requirements of the Tenancy Deposit Scheme. How do I evict my tenant? As we saw last week...
Failing to protect a deposit: The sanctions | 2 of 3
Yesterday we looked at 'Tenancy Deposit Schemes: Landlord Obligations', why deposits need protecting and the Landlord’s requirements. But what happens if a Landlord fails to protect the deposit or comply with the other requirements? Unfortunately for Landlords, the...
Tenancy Deposit Schemes: Landlord Obligations | 1 of 3
In the first of a series of articles in relation to Tenancy Deposit Schemes, we look at what Landlords need to do and why. As you may know, since April 2007, it has been compulsory for Landlords to protect their Tenants’ deposits when new Assured Shorthold Tenancies...
10 Top tips for purchasing a business
Are you thinking of purchasing a business? Whether you run multiple businesses or whether you are wanting to run a business for the first time, the good news is you do not need to start your business from scratch! There are many existing businesses which you can...
Making incompetent lawyers pay
Costs generally follow the event in England and Wales. Simply put, this mean that in litigation, the loser will usually pay the winner’s legal costs. This principle is seen as an important safeguard, indemnifying rightful parties and dissuading hopeless and vexatious...
Death by Sub-Contracting
Construction projects may seem simple to most members of the public, but as any construction contractor will know, they are in fact extremely complicated and often involve multiple layers of subcontractors. In such an environment the contractors higher up the chain...
How do you assess testamentary capacity?
One of the most important things when drafting a will is to be sure that the testator (the person making the will) has the appropriate testamentary capacity. The common law test as outlined in the historic case of Banks v Goodfellow can be found here in one of our...
I’ve heard I can gift my house to my children now to avoid inheritance tax, is this right?
This is a common misconception that we come across regularly; people hear from friends that they can give away assets without incurring inheritance tax if they survive for more than 7 years. The Finance Act Rules Unfortunately this is not strictly true. If you gift an...
The agent, the chef and the fake signatures…
The Agent The use of agents is very common within the business world. They often prove useful in striking deals in markets were the principle lacks experience, or where they simply do not have the time or resources to address the matter themselves. Agency does carry...


























