Normal Service is resumed: the end of Coronavirus Residential Possession Notice Periods

New Regulations which come into force on 30 September 2021 (The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021) mean that from 1 October 2021 the notice periods for Notices Seeking Possession of residential properties let on assured tenancies and assured shorthold tenancies will revert to pre pandemic periods. This means that landlords serving Section 21 notices will from 1 October 2021 only need to give 2 months’ notice that they require possession. Landlords serving Section 8 notices where they are relying on unpaid rent grounds (Grounds 8, 10 and 11); deterioration of the property (Ground 13); damage to furniture (Ground 15); other breach of a tenancy obligation (Ground 12) or a false statement that induced the landlord to grant the tenancy (Ground 17) will be able to return to giving…

St. Leonard’s Hospice Make a Will Month October 2021

Making a Will and letting your family and friends know your wishes are vital, and it can be a lot more affordable and straightforward than you think... MAKE A WILL MONTH October 2021   A Will is one of the most important documents you will ever have drawn up, but it's something that many people put off. If YOU don't have a Will, or your Will needs updating.  Ware & Kay Solicitors has once again teamed up with St Leonard's Hospice to give you the opportunity to have your Will written free of charge in exchange for a donation to the Hospice. Ware & Kay Solicitors are giving their time, free of charge, to write basic Wills in exchange for a suggested minimum donation to St Leonard's Hospice. It's easy... Arrange an appointment with one of the following Solicitors on 01904 716000 during Make a Will month: Sian Foster - Head of Wills & Probate Bella O’Keeffe - Solicitor in Wills & Probate…

Court Fees are set to increase from 30 September 2021

Court fees are set to increase as the government seeks more to fund the Court and Tribunal service.  The Government launched a consultation in March 2021 on increasing selected Court fees and help with fees income threshold in line with inflation, and to backdate increases to feed by inflation to 2016 (the last year that fees were increased). It is estimated the change will raised up to £17m extra every year for HM Courts & Tribunals Service and reduce the burden on the Treasury for funding the system. There were 89 responses to the consultation period. Respondents were split on whether they agreed with the proposal that fees should be increased periodically in line with inflation. 61% of respondents disagreed with the proposal to apply inflation (backdated to 2016 or the year the fee was last…

Contesting a Will – do I have a case?

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates.  Julie Bradwell a Litigation Solicitor specialising in Contentious Probate gives an overview of the various ways to contest a Will or make claims against an Estate. What are the grounds for contesting a Will or estate? Claim under the Inheritance (Provision for Family and Dependants) Act 1975 If you have been left out of a family member or a friend's Will, or if you do not think you have been left enough under a Will, then you may be able to make a claim for reasonable financial provision under the above Act. There are a number of criteria which any potential claimant will need to satisfy…

Back to School: how estranged parents can help their children

While it is not always easy for a couple who have separated to agree arrangements for their children, it can be even more of a challenge for farming families especially at this time of day.  Early starts for milking, and the long hours required at harvest can add to the stress, especially if a family cannot enlist the help of grandparents for school runs, after-school clubs, and wraparound care. The Covid-19 pandemic has been hard on children as they were repeatedly parted from their friends and their studies for extended periods, due to numerous lockdowns and self-isolation rules. No sooner were they back into a reassuring routine at school, albeit a routine featuring face coverings, social distancing and class bubbles, the summer holidays kicked in, again spelling separation from friends and a break from the reassuring…

Ware & Kay Solicitors strengthens Wills & Probate team with new appointment

Leading Law firm Ware & Kay Solicitors has appointed Danielle Bebbington, a qualified Solicitor to its expanding Wills & Probate Department. Her appointment is a further addition to the firm’s expertise in this sector. Originally from Wakefield, she graduated from the University of Leeds and having qualified as a Solicitor began her career in Bradford. With a breadth of experience across the full Wills & Probate spectrum Danielle has represented a number of high profile clients and is extremely well-regarded.  Danielle will be based at the York office. Danielle will advise clients on a broad range of matters.  These range from the preparation of Wills, creation of Trusts, Lasting Powers of Attorney and making applications for Grants of Probate.  She has experience of looking after clients and guiding them and providing assistance when dealing with the…

Home improvements, plan for your next move

The pandemic has seen record numbers of us undertaking DIY projects or getting tradesmen in to improve our homes. Our enthusiasm shows no sign of abating either, with the waiting list for builders stretching into next year. Ware & Kay agrees this trend is likely to continue. Here we look at some of the issues, and how to ensure your home improvements do not cause problems when you later put your home on the market. Planning permission, do you need it?  Not all alterations require planning permission. Generally, you will only need it if your proposed works constitute development. This has a special meaning under planning rules. It includes structural alterations and the sort of work a builder would ordinarily do. Non-structural work to the interior, like repainting the walls or replacing window frames, does not…

Dusting off disciplinary procedures post Covid

The last 18 months have seen employers turn on a dime to keep their business on track, while guarding the health and wellbeing of staff and customers.  While flexibility has been key, it has also been important to update and comply with frequently changing health and safety policies. ‘However, many companies have struggled financially and in order to get their business back on track there will be a keen focus on performance and productivity,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. With the future of the business at stake, managers may not be able to be quite so lenient with staff if targets are not being met and may need to dust off their disciplinary and performance management procedures.  As Covid restrictions loosen in different ways in different sectors, then…

Leading Law firm strengthen team with new appointment

Expanding law firm Ware & Kay Solicitors (with offices in York, Wetherby & Malton) is delighted to announce the appointment of well-known leading Corporate and Commercial Solicitor, David Silver to join the Corporate and Commercial Services Team. David brings with him a wealth of experience in corporate and commercial law both in the UK and overseas.  David is widely recognised for his experience in handling complex cases and providing advice in all aspects of company and business sales together with mergers and acquisitions. David will give advice regarding shareholder agreements, joint ventures, partnerships, corporate finance and general company law.  David has particular experience in advising firms on company formation & compliance and writing commercial contracts, both domestic and cross-border, international franchise agreements and terms of trade across a wide range of business sectors. Originally from Liverpool…

Employment Law Update September 2021

This article covers: Social Media No Jab, No Job Discrimination & Hypersensitivity UK Right to Work Hybrid Working Social Media Can your social media posts get you into trouble at work? You may have heard that England lost the 2020 Euro final 3-2 on penalties. Heart breaking - but then the racist tweets began. Arrests have followed and a high-profile estate agents suspended an alleged racist tweeter. Does your organisation have a social media policy? Doubling down on privacy settings isn’t always the solution – screenshots can easily be taken and shared Workers should check their posts for discriminatory remarks and harassment If a worker claims unfair dismissal, the Employment Tribunal must consider three aspects of the employer’s conduct as set out in the test in British Home Stores -v- Burchell…