Assured shorthold tenancies: recent rule changes

As we emerge from lockdown and things slowly begin to return to normal, many farmers may be considering renting out part of their property, raising much needed cash to counter the devastating economic effects inflicted by the coronavirus and Brexit. Most private properties are rented out on an assured shorthold tenancy basis, but as Andrew Little, commercial property law and agricultural specialist at Ware & Kay Solicitors in York & Wetherby warns, some restrictions on such rentals have been introduced recently which potential landlords should be aware of.  The Tenant Fees Act 2019 Under the Tenant Fees Act 2019, landlords and agents are now banned from charging fees to tenants other than those specifically permitted by the Act. A cap is also placed on the amount of security deposit a landlord or agent can collect and…

Parking and access issues when buying a new home

Searching for your next home, car parking may not be top of your list of priorities. A recent survey by Uswitch reveals nearly one in ten of us has knocked on a neighbour’s door to complain about parking. It is not just neighbours who can cause problems. Commuters, school parents, and other visitors, can easily turn a quiet road into a traffic nightmare. Here Holly Stevens, Head of Residential Property with Ware & Kay offers some advice on how to avoid buying a home with a parking problem. Decide how important parking is to you Buying a house, inevitably, involves compromise. However, if parking is important you will need to factor this into your search and decision-making process. For example, do you need parking close by because of a disability, or do you run a business…

Dismissal of employee for refusal to return to work after pandemic was not unfair

Easing out of lockdown will prompt employers to focus on how to manage a return to the workplace, especially for reluctant returners after long absence during the pandemic. In the recent case of Rodgers v Leeds Laser Cutting Limited an employee was dismissed when he refused to return to work because he was worried about COVID-19. The employment tribunal dismissed his automatic unfair dismissal claim for two main reasons: his employer had followed government guidance on making its workplace COVID secure; and the Claimant had not raised any meaningful concerns about workplace safety, and so did not hold a reasonable belief that there was serious and imminent danger, for the protection from dismissal under sections 100(1)(d) and (e) of the Employment Rights Act 1996 to apply. Please note that this decision relates to the specific facts in this…

Can we finalise our divorce before the house is sold?

For the majority of people, their most significant asset is the family home. So, it is not surprising that when it comes to dealing with the financial consequences surrounding divorce, questions about what will happen to the matrimonial home are usually top of the list.  In most cases the home will be dealt with in one of two ways – either it is transferred to one spouse, and the other spouse will receive a lump sum of money or an asset such as a pension pot or holiday home in exchange, or it is sold and both spouses receive a division of the sale proceeds. Where a property has to be sold, external factors come into play, such as the property market, the economy, a pandemic, or tax incentives such as the stamp duty holiday. These…