Carers’ rights at work

According to Care UK, three million people in the UK are juggling work with unpaid caring for disabled, seriously ill, or older loved ones. NHS England reports that carers are twice as likely to have poor health than those without caring responsibilities. ‘Working carers do have some legal rights. With the number of unpaid carers predicted to increase, employers may wish to go above and beyond these legal rights to support these employees and their wellbeing and to help retain them in the workforce,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. Gillian runs through the legal rights, likely changes to the law and steps employers can take to support carers. Flexible working requests Employees have the right, once every 12 months, to request flexible working arrangements like part-time hours or…

Don’t fall out over the fixtures and fittings

A home buyer on an internet forum asked, ‘What is the pettiest thing your seller has removed?’ Most replies are light-hearted: a loo roll holder, the curtain rails, a basketball hoop from above the garage door. Some tell a different story of buyers moving in and discovering missing kitchen units or damage from ripped out features. Others tell of an attic stuffed full of junk. Fixtures and fittings can quickly become a source of irritation for buyers and sellers alike. In some cases, their removal may even result in a costly dispute. I Here we examine the thorny topic of fixtures and fittings and how your conveyancer will stop them spoiling your next home move. What are fixtures and fittings? Generally, fixtures are physically attached to the property and form part of it. In contrast, fittings…

Letting a property to farm workers

When farmers rent out a spare cottage on their land to one of their farm workers it may seem like a win-win all round: the farmer gets to fill their empty property and have a worker on site, and the farm worker gets somewhere convenient to live. However, as Andrew Little, Commercial Property Solicitor and agricultural law specialist at Pearsons & Ward (Malton office of Ware & Kay Solicitors) explains, farmers should ensure they do not inadvertently grant an assured agricultural occupancy instead of an assured shorthold tenancy in such situations as this would give their tenant more rights than they perhaps intended. Unless farmers take specific steps to ensure the tenancy granted to an agricultural worker is an assured shorthold tenancy, an assured agricultural occupancy regulated by the Housing Act 1988 will automatically arise where…

Why married farmers should consider legal protection

The current economic climate, as a result of the pandemic, has put farming families under increased pressure and pushed many to breaking point and even divorce. Divorce is never easy, but for farming families it can be particularly traumatic and complex – particularly when it comes down to the division of assets required by law when a marriage breaks down. Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York & Wetherby, advises farmers about the legal protections they can put in place to ensure the survival of the farming business in the event of a divorce. ‘As the farm is usually the main source of income for the family, changes in your personal relationship may also dramatically affect your working relationships and the future of your livelihood,’ he explains. Under section 25 of…

High Court confirms that landlords can still bring court proceedings to recover unpaid rent

In the recent case of London Trocadero (2015) LLP v (1) Picturehouse Cinemas Ltd (2) Gallery Cinemas Limited and (3) Cineworld Cinemas Limited the High Court considered an application for summary judgment by the landlord in respect of outstanding rent arrears. The Claimant, London Trocadero (2015) LLP, was the landlord of two leases of cinema premises at the Trocadero Centre in London of which the First Defendant, Picturehouse Cinemas Limited, was the tenant. The Second Defendant, Gallery Cinemas Limited, was the original tenant under one of the leases and the Third Defendant, Cineworld Cinemas Limited, was the guarantor of sums due under both leases. No rent had been paid under the leases since June 2020 and the arrears together with service charges at the time of the Court hearing was in the region of £2.9…

“One Day the Farm Will All Be Yours”

As a child, I was oblivious to Uncle Len’s misfortune. During a lifetime working on the land and loyal service to the landowner, he was promised, by his employer,  the land and house in which he lived, would be left to him in his employer’s Will.  Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down. The trust he placed in that assurance of future inheritance, also took away his motivation to pursue other opportunities for better employment, training, or further education. When his employer died, his Will left nothing to my uncle. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about the matter. How radically different my uncle and…

Options for structuring the ownership of a residential property

Low interest rates combined with high demand for rental properties and a boom in self-catering holidays have fueled growth in property investment. Flexible finance options also make it easier to pool resources to invest in property or to buy a second home with friends or relatives. ‘When buying a residential property with others, there are a number of options for how you structure the ownership,’ Holly Stevens, Head of Residential Property with Ware & Kay in York explains. ‘To decide on the best route, you will need to consider the particular circumstances of each person involved, the property itself and the proposed use. Speak to your solicitor first to discuss the best way to structure your ownership as this can have important ramifications later.’ Consider the risks Buying a property is a major financial commitment and…

Is your workplace sympathetic to the menopause?

In an episode of the Netflix series House of Cards, the American First Lady Claire Underwood opens the door of her huge refrigerator and stands there cooling off from a hot flush. The scene generated plenty of debate online, as it was a rare case of the menopause being acknowledged in a drama as an everyday occurrence. Like period cramps, the menopause is a health condition which most women will experience at some point, usually between the ages of 45 to 55 and like any health issue it needs to be handled sensitively in the workplace. As Gillian Reid, employment law expert with Ware & Kay in York & Wetherby explains, ‘Employers need to be alert to the HR and legal implications of menopause transition, as failure to take a sympathetic and responsible approach could see…

Ware & Kay Solicitors announces new Managing Director, David Hyams

Leading Yorkshire Law Firm Ware & Kay Solicitors (with offices in York, Wetherby and Malton) has announced a new key appointment.  David Hyams will assume the role of Managing Director from 1st October to drive the firm forward and deliver its growth strategy. Ware & Kay, a full service law firm continues to go from strength to strength, providing a high quality and personal service to clients.  David, who has been a Director and Head of Commercial Property since 2003, will now head up the firm as part of the strategic plan for the future. Having considerable operational experience, David will be bringing a wealth of managerial insight to the role and will work closely with his colleagues across the firm’s other offices. This appointment will help take the firm to the next stage of its…

St Gemma’s Hospice Make a Will Month October 2021

Ware & Kay Solicitors has once again teamed up with St Gemma’s Hospice to give you the opportunity to have your Will written free of charge in exchange for a donation to the Hospice during the month of October. Why make a Will? We spend our lives working to provide for ourselves and our loved ones. As life changes around you, it is a good time to consider making your Will. Making your Will means you can be certain that your wishes are followed after your death. Making a Will is often seen as a very sensitive subject, one which many people prefer to put off until a later date. However, a professionally written Will can make life much easier for our loved ones when the time comes. A Will is the only way to make sure your money, property, possessions…