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Malton 01653 692247
News

05 July 2021 Family Matters

Within a marriage or civil partnership, the concept of bad behaviour can cover a multitude of activities, from leaving the top off the toothpaste to serious or criminal activities.  One option when applying for a divorce is to claim that your relationship has broken down irretrievably. One way of proving this is to show that your partner has behaved ‘unreasonably’. Following the case of Owens v Owens, unreasonable behaviour must be more than the run-of-the-mill type of annoyances to be expected in a long marriage. You must show that the behaviour was such that it would be unreasonable to expect you to stay with your spouse. If you succeed with an unreasonable behaviour divorce it is normal that the courts will order your spouse to pay for the legal costs. For many, allocation of the legal…

Many people wrongly assume that buying or selling agricultural property is much the same as any other conveyance. In reality, a property transaction involving farmland can be a complicated and taxing process with many elements to consider. Philip Taylor, property law and agricultural specialist at Ware & Kay Solicitors in York & Wetherby outlines some of the pitfalls involved in purchasing or selling agricultural property and explains why you should engage us as your specialist conveyancer to guide you through the process. The conveyance of agricultural land requires all the usual checks and searches that are needed for non-agricultural property, such as title investigations at the Land Registry, checks for existing easements (rights of way) and planning permissions, as well as local authority, environmental, and water and drainage searches. In addition, agricultural land conveyancing often requires…
05 July 2021 Residential property

If your home is leasehold, you could soon find it cheaper and easier to extend the term of your lease. This will usually make your property more valuable and, depending on how many years your lease has left, it can also make it easier to remortgage and more marketable when you come to sell. As part of its reform of the leasehold property regime, the Government plans to improve the statutory mechanism for lease extensions. Here Philip Taylor, a property expert in the residential property team with Ware & Kay looks at the latest proposals and considers your options if you are a leaseholder. If you purchased a house or an apartment on a leasehold basis then, unlike with a freehold property, you do not own it outright. Instead, you have the right to occupy for…
05 July 2021 Employment advice

Despite the success of the vaccine programme, the impact of the pandemic on businesses will continue for some time. For example, when the furlough scheme ends in the autumn, it is expected that the number of employment tribunal claims will rise and case law will take even longer to filter through to policies and practice. ‘Meanwhile, we are starting to see tribunal cases relating to the Covid risk in the workplace and, so far, the outcomes are generally encouraging for employers,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. ‘Although these are only tribunal decisions and other tribunals do not have to follow them, they offer some reassurance to those employers who have brought in Covid-secure measures.’ In our latest round-up of key employment law cases, Gillian Reid also looks at…
21 June 2021 Wills and estates

At present, gifts to charities in your Will are exempt from inheritance tax and would be taken off the value of your estate before inheritance tax is calculated. Leaving money to charity in your Will could also reduce the rate of inheritance tax you pay. The reduced rate of inheritance tax was introduced by the Government in 2012 in order to encourage people to leave money to charity in their Wills. If the estate qualifies, it reduces the inheritance tax rate which is charged from 40% to 36%. To qualify, at least 10% of your net estate (or baseline amount) must be left to a charity or charities. The net estate is, generally speaking, the value left after the inheritance tax nil rate band (which is currently £325,000 and frozen at that level to 2026 or…
11 June 2021 Employment advice

The official government message encouraging people to work from home is expected to end with the final step out of lockdown. For many employees though, homeworking is here to stay. According to a recent BBC survey, 43 of 50 big UK employers will not bring staff back to the office full time. Instead, employees will mix homeworking and coming into the office. For businesses considering hybrid working, Gillian Reid, Head of Employment with Ware & Kay explains how to build on the lessons learned during the pandemic, as well as practical and contractual issues to consider and pitfalls to avoid. Feedback and reflection A really worthwhile exercise is to find out from employees about their experience of homeworking. This can be done through an anonymous survey, team meetings or employee representative groups. Important questions include which…
08 June 2021 Family Matters

Recent research by Loughborough University shows a sharp rise in the so-called ‘boomerang’ generation of young adults returning to live at home until their late twenties or early thirties.  This trend has continued as a result of the pandemic causing job losses, furlough, and university closures.  ‘With the shape of family life changing, we are seeing an increase in queries about whether adult children living at home have any rights in a divorce,’ says Robert Bellhouse, a Solicitor in the family law team with Ware & Kay in York & Wetherby. ‘The law makes a number of provisions to ensure minor children continue to be cared and provided for following divorce, but more recently the children living at home are older.  Unlike a tenant or lodger, there is unlikely to be any legal formalities in place…
08 June 2021 Commercial property

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…
08 June 2021 Residential property

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…
28 May 2021 Employment advice

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…
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