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News

25 March 2020 Commercial property

Landlords and tenants of residential property are already likely aware that evictions of residential tenants are soon to be suspended for at least the next three months. What has been less well-publicised is that the Government is also bringing forward emergency legislation to prevent many, if not most, evictions of commercial tenants. The text of the new Coronavirus Bill can be found here. Section 82 will have a large impact on commercial landlords and their tenants. The Bill is currently making its way through Parliament and may be changed. It is likely to come into force very soon. The Bill as it stands will suspend landlords’ right to forfeit the lease and take back their property because of non-payment of rent until at least 30 June 2020, with power to extend this. It appears that…
19 March 2020 Employment advice

With more cases of coronavirus (COVID-19), being reported in the UK each day, employers will be wondering how to handle the issue especially as they may need to react fast if a situation develops in the workplace or if there are concerns about the health of a particular employee. Gillian Reid employment law expert at Ware & Kay in York & Wetherby, advises employers to get prepared with some sensible precautionary measures and highlights where to keep up to date on the latest guidance. The best way for employers to keep abreast of the current advice is by visiting the following websites regularly: Government guidance for employers and businesses This website, with information from Public Health England and Department for Business, Energy & Industrial Strategy, provides guidance on: the novel coronavirus, COVID-19; how to help…
19 March 2020 Residential property

For clients in the midst of trying to buy, sell or rent a property, the coronavirus outbreak is causing particular uncertainty at all stages in the process. We want to reassure you that our property law team will continue to operate as normally as possible to keep all property transactions on course during this difficult and uncertain time. According to Holly Stevens in the property team at Ware & Kay in York, there are a number of things to consider, depending on where you are with your property transaction. Property viewings If you are still in the early stages of looking to buy or sell your property, take sensible precautions. Before showing prospective buyers or renters around a property, or before going on a viewing: ask if anyone is unwell or is in isolation when…
19 March 2020 Commercial property

It can come as something of a shock if someone is always strolling across your land without permission and you find that you have no right to stop them because they actually have a legal right to be there. Andrew Little, commercial property law expert at Pearsons & Ward Solicitors in Malton, explains how such legal rights of way or easements can be made by express grant, implied grant or by prescription. An express grant is where the right is spelt out in writing, usually in a deed at the time of sale of the property. An implied grant may not be specified in any deed but is implied by law; they usually arise if someone could not access their property if the easement was not granted. Easements by prescription are ones which can be particularly prevalent…
18 March 2020 Firm updates

As uncertainty mounts about Coronavirus in the UK, we wish to reassure all of our clients and contacts that it is business as usual. We have robust plans in place to minimise any disruption and will continue to operate as normal whilst also protecting our clients, our staff and the wider community. We are committed to supporting our clients and contacts throughout this period whilst monitoring updates and following Government advice.  We have drawn up plans that will enable us to continue serving our clients and contacts including equipping our staff for home-working. All our clients will be able to maintain contact with our staff via telephone and email however, we have decided for everyone’s protection that we are unable to make client appointments at any of our offices from Thursday 19th March.  We will however…
17 March 2020 Family Matters

Lawyers are heralding as a landmark decision, the judgement in RC v JC given earlier this month. A woman who sacrificed her career as a Solicitor to look after her children was given an additional sum of money on Divorce. The wife, a Cambridge graduate and trainee Solicitor stepped back from her budding legal career for the good of her family, whilst the husband, also a Solicitor, continued to pursue his career. The couple were married for ten years and had two children. Their bitter court dispute was over the finances of the divorce.  Mr Justice Moor stated the wife of the marriage viewed herself as a “parent who would take primary responsibility for the children. The husband’s career took precedence, it is unusual to find significant relationship-generated disadvantage that may lead to a claim…
10 March 2020 Residential property

The Rented Homes Bill had its first reading on 22 January 2020. The first thing the Bill does is to abolish assured shorthold tenancies (ASTs) in England. ASTs were created by the Housing Act 1988 to strengthen the rights of landlords and increase the supply of private rented accommodation. An AST is a type of assured tenancy; its advantage from the point of view of a landlord is that, in addition to the grounds for seeking possession that are available to all assured tenancies, possession may also be obtained using the procedure set out in Section 21. The advantage of an AST for a tenant is the possibility of referring excessive rents to a rent assessment committee. The demise of the AST is intended to ‘reset the balance of rights and responsibilities between landlords and…
06 March 2020 Employment advice

April brings with it the usual annual increases to the national minimum wage and statutory pay for family-friendly leave and sickness absence. But the effects of Good Work: the Taylor review of modern working practices, published in 2017, are still being felt and changes are being introduced to protect vulnerable workers in increasingly flexible business models. As Gillian Reid, employment law expert with Ware & Kay in York & Wetherby explains, changes to IR35 tax rules are also expected along with the introduction of the right to parental bereavement leave. A raft of measures designed to protect vulnerable workers also come into force. Gillian rounds off with a word on Brexit. Employers should prepare for changes on the following dates:  From 1 April 2020 Increase in the national living wage for workers aged 25…
05 March 2020 Firm updates

Leading law firm Ware & Kay Solicitors is delighted to announce the appointment of Solicitor Catherine Edge to its growing Residential Property Team in York. Catherine specialises in all aspects of residential property and expertly assists clients who wish to buy and sell both freehold and leasehold property for registered and unregistered land. She also has extensive experience of buying and selling at auction, purchasing buy-to-lets, landlord and tenant work, transfers of equity, mortgage transactions and property registrations. Originally from near Beverley in East Yorkshire Catherine arrives at Ware & Kay with over 10 years’ experience in Residential Property Law.  She completed the legal practice course at the York College of Law in 2005 before qualifying as a Solicitor in 2009 and starting her career at a local firm of Solicitors in York.  With a…
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