Kent Solicitor

Access and Right of Way

2008-05-16T09:47:00.000+01:00

A proposed unmanned code operated barrier controlling entry to a private estate can substantially interfere with the rights of occupiers of premises on the estate under a local Act as it would prevent or significantly impede several categories of the occupiers agents and licensees from going to or departing from their premises

Inheritance Tax

2008-05-15T09:44:00.000+01:00

The IHT standard threshold has been set at #312,000 for 2008:2009

Tax: contract settlements

2008-05-14T09:12:00.000+01:00

When settling a tax investigation the precise wording of the settlement will govern whether HMRC can still come after you in respect of other potential tax liabilities albeit in the years just settled.

Lease service charges: information

2008-05-13T09:29:00.001+01:00

Landlords of blocks of flats must supply Tenants with prescribed information on their legal rights, every time they demand service charge

Lease service charges: forfeiture

2008-05-12T09:12:00.000+01:00

A Landlord must first obtain an admission from a tenant that services charges are agreed or an order of the LVT that they are reasonable before he can exercise rights of forfeiture and re entry for non payment

Lease service charges: supporting documentation

2008-05-09T09:18:00.001+01:00

The tenant can demand a summary of service charges, see the receipts and further financial information and appoint an accountant or surveyor to conduct an audit

Lease service charges: trust

2008-05-08T09:14:00.001+01:00

The landlord must hold service charges received in trust and put them into a bank account, separate form his own money

Will this mean 'Money up front, please!'?

2008-05-07T09:04:00.002+01:00

Proposals under the Tribunals Courts and Enforcement Act 2007 include

Licensing of debt advice companies who can then dictate to creditors how much they should write off and the period over which they must accept the balance by instalments

Debt relief orders to wipe out debts of less than #15,000 without the need to go to Court

A reduction in the ability of creditors to block Individual Voluntary Arrangements

You or your clients should start thinking now about how much credit, if any, you will give clients / customers in the future

Lease service charges: demands

2008-05-06T09:03:00.001+01:00

All demands must be in writing and contain Landlords name and an address in England and Wales. Until that has been done, the tenant is not obliged to pay

Lease service charges: local authority grant

2008-05-02T09:13:00.000+01:00

If Landlord receives any grant for doing work, he cannot charge the tenants again but must give credit to them against service charges

Lease service charges: losing right to collect

2008-05-01T09:07:00.000+01:00

A Landlord loses the right to recover service charges after 18 months, unless he serves notice that such charges have been incurred and that the Tenant will be expected to contribute

Leasehold Valuation Tribunal: Service charges

2008-04-30T09:35:00.000+01:00

The Leasehold Valuation Tribunal can determine all disputes in connection with service charges

Lease Service charges

2008-04-29T08:54:00.000+01:00

Service charges must be reasonably incurred. They are not payable unless the standard of work and services rendered are reasonable. Advance payments must be reasonable.

Lease term

2008-04-28T09:07:00.000+01:00

Historically commercial leases were granted for terms of 20 to 25 years, with 5 yearly rent reviews and with no tenants right to terminate before expiry of the lease term.

SDLT dictates that it is more tax efficient to have a short lease with an option to renew, rather than a long lease with a break clause. Huge savings can be achieved

Companies Act - financial assistance

2008-04-25T09:22:00.000+01:00

Private companies used not to be able to provide financial assistance for the acquisition of their own shares or shares of a private holding company. There was a whitewash procedure to get around this. From 1 October 2008, the old rules do not matter

Rules regarding unlawful reduction of capital remain

property: restrictive covenant

2008-04-24T09:05:00.001+01:00

The Lands Tribunal can take into account the effect of another garden and it s use when considering whether to discharge a restriction preventing the erection of a bungalow

Agency worker

2008-04-23T09:29:00.000+01:00

There have been a number of Employment Tribunal unfair dismissal cases recently which consider whether a contract of employment can be implied between an agency worker and the end user Employer, as well as there being a contract between the agency and the agency worker

location agreement and consumer hire

2008-04-22T09:16:00.000+01:00

A location agreement, under which a piece of equipment is placed in a shop and the owner of the machine pays the shop owner a commission based on the use made of the machine by the shops customers, is not a consumer hire agreement

Domestic violence

2008-04-21T09:39:00.000+01:00

The Domestic Violence Act, which came into force in July 2007, criminalised domestic violence

There is now concern that many women are not reporting such violence, because their partners will get a criminal record

Before this Act, they could seek a civil, not a criminal remedy, called a non molestation Order

Bankruptcy and tax assessments

2008-04-20T18:34:00.000+01:00

Where the assessment has been raised prior to the bankruptcy, the Trustee in Bankruptcy will be bound by it and cannot look behind it to see whether the sum is due, although the Trustee will have vested in him, subject to satisfying the usual rules for applying out of time, the right to appeal

Where the assessment is raised during the bankruptcy, HMRC should serve it on the bankrupt who has the right of appeal. On becoming aware of it, the Trustee can take steps to vest in himself the right of appeal in him as "after acquired property" under section 307 Insolvency Act 1986. If the bankrupt is discharged before the Trustee becomes aware, that is the end of the matter and the Trustee has no right of appeal

Where the assessment is raised after discharge, then the only person who can appeal is the discharged bankrupt

Power of Attorney

2008-04-18T09:05:00.000+01:00

An ordinary Power of Attorney is a legal way of giving someone else the power to manage your financial affairs when it is difficult for you to manage themselves for various reasons, but only applies if you are fully aware of the implications of the arrangement.

Appointee Pension and State Benefit

2008-04-17T09:05:00.001+01:00

If a person is incapacitated and entitled to receive a retirement pension or other state benefits, the Department for Work and Pensions can choose an appointee to receive those benefits on the persons behalf.

Court of Protection Deputy

2008-04-16T09:31:00.000+01:00

The Court of Protection can appoint a Deputy to manage the affairs of someone who is no longer able to manage for themself.

Application Court of Protection

2008-04-15T09:33:00.001+01:00

If someone is mentally incapable of making a particular decision at a particular time and they have not made a Lasting (or Enduring) Power of Attorney, the matter can be referred to the Court of Protection

Companies Act: limits of authority

2008-04-14T09:37:00.000+01:00

Internal rules requiring certain signatures (for example for transactions over a certain value or of a particular type) are just that, internal rules

Third parties can enforce any documents signed after 5 April 2008 by a single director and his witness