I have inherited a tenanted residential property with no written tenancy agreement: is this a problem?

It is surprisingly common for personal representatives dealing with properties or those who have inherited properties to find that they have been left with a headache: the deceased has let the property to a tenant but no paperwork can be found documenting the arrangement. Invariably there is also no evidence of other legal requirements having been complied with. The absence of a written tenancy agreement is not of itself a problem and, unless one of the statutory exceptions applies (such as where the property is let at a very low rent), then an assured shorthold tenancy or AST will still have been created and this can be terminated in the normal way by service of a ‘no fault’ notice seeking possession (a section 21 notice) enabling the property to be sold with vacant possession. Alternatively…

Budget 2024 update: buying more than one property

The Government’s 2024 Spring Budget saw significant changes to the way property is taxed, including the imminent abolition of multiple dwelling relief. This will primarily affect investors looking to buy multiple properties at the same time, however, it could also affect you if you are buying a property that comprises more than one unit, such as a house with a distinct annex. ‘If you are purchasing a property with a separate granny annex and multiple dwelling relief applies to your purchase, it can save you thousands of pounds in stamp duty,’ explains Holly Stevens, Director & Head of Residential Property with Ware & Kay incorporating Pearsons & Ward. ‘However, this relief will very shortly be abolished, so if you think an intended purchase may qualify, then speak to your solicitor as soon as possible.’ In…

Wishing everyone a Happy Easter

      Happy Easter to you, your family and friends from the team at Ware & Kay incorporating Pearsons & Ward Solicitors. Our offices will be closed for the Bank Holiday weekend on Friday 29 March to Monday 1 April 2024.     Our offices will reopen on Tuesday 2 April 2024.    

What is undue influence when making a Will?

The Court of Appeal in the recent case of Rea v Rea has confirmed that a high bar must be reached in order to succeed with an undue influence claim in relation to the making of a Will. The background Anna Rea made a simple one-paged Will in 1986 leaving her estate in equal shares to her four children: daughter Rita and her three sons. In 2015 Anna made a new Will in which she left her property 5 Brenda Road (the largest asset in the estate) to her daughter Rita with the residue being divided equally between the four children. The sons contested the new Will and Rita brought proceedings to ‘prove the 2015 Will’ asking the Court to give it effect. Rita’s brothers challenged the claim saying that the 2015 Will was invalid…

Employee, worker or self-employed – are you clear on the difference in status?   

The size of the workforce on your farm is likely to increase and decrease across the seasons, for example when the workload increases for lambing or harvest. Nowadays there is all manner of flexible solutions, but it is important that farmers take care to ensure they are clear about the employment status of each person who works on the farm. HMRC and employment tribunals are red-hot on ensuring that a worker’s employment status is correctly categorised and they will look beyond any contract to see what happens in practice. ‘It is up to you to ensure that you categorise and treat people consistently, so it pays to be au fait with the different worker classifications,’ says Kalpesh Nakeshree, Head of Employment at Ware & Kay and Pearsons & Ward Solicitors in Malton (part of Ware…

Lots of blooming employment laws to Spring into action!  

There has been a recent surge in legislation that employers need to be aware of. Like Spring itself they will soon be upon us! Here are 3 key updates to be mindful of: National Minimum Wage For the first time, the top rate of national minimum wage will apply to workers aged 21 and over from 01 April 2024 (currently it only applies to those aged 23 and over). The new top rate is set to be £11.44 which is an increase of 9.8% from 2023. Employers must ensure that the correct minimum wage payments are made or they will risk claims being made from staff which could result in significant penalties and in some cases, reputational damage. Flexible Working Requests It is anticipated that key changes will include for…

Gazumping and gazundering – perils in an uncertain market

Research suggests that nearly a third of recent sellers have suffered gazundering, which property pundits attribute to a downturn in the market. But, in some areas, the lack of suitable properties means there is still fierce competition for homes, with buyers trying to outbid each other via gazumping. ‘It is certainly a challenging time to be moving home,’ agrees Lucy Gilman, Head of the Wetherby Office with Ware & Kay Solicitors. ‘Unfortunately, some buyers and sellers are taking advantage of the current market to renegotiate the agreed price, threatening to pull out if their demands are not met. The good news is there are things you and your solicitor can do to reduce the risks.’ Gazundering, and why it is a problem With gazundering, the parties agree on a price, and the sale is proceeding…

Spring 2024 employment law round up

‘This year is a busy one for employment legislation, after a few quiet years,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘The Government has backed a number of private members’ bills which are now coming into force. In addition to the usual annual increases to statutory rates, there are several important changes that employers need to know about,’ Kalpesh continues. Record keeping under working time regulations From 1 January 2024, the rules requiring employers to record their employees’ daily working hours have been relaxed. Instead, employers need to keep records to show compliance with the Working Time Regulations 1998. Increased flexibility in taking paternity leave Following the birth or adoption of a child, an eligible father or partner can take one or two weeks’ leave. The rules have become more flexible…

We’re proud to support Update Your Will Week 2024

 Update Your Will Week from the 4th – 10th March is an annual campaign hosted by The Association of Lifetime Lawyers.   It aims to raise awareness around the risks of not having an up to date Will and encourages people to update their Will to ensure their wishes are carried out when they die.   Why is it important to have an up to date Will?   Having an up to date, well-drafted will is crucial to ensure your wishes are carried out in the way you’d like when you die. Knowing you’ve chosen what you want to happen can also help ease distress for loved ones left behind and minimise potential disputes.   If you die without a Will, any assets that belonged to you must be distributed according to the strict rules…

Saint Catherine's Hospice Make a Will Week 22 April to 26 April, 2024

We are delighted to support the Saint Catherine’s Hospice Make a Will Week. We have agreed to give our time and expertise for free to support Saint Catherine’s Hospice Make a Will Week Catherine’s Hospice Make a Will Week. We will happily meet with you to take your instructions for a simple Will during this week and draft a professional Will in accordance with those instructions. We will also meet with you again for your Will to be signed by the end of May 2024. In return, you will make a donation to Saint Catherine’s. Our suggested minimum is £200* per single Will and £350* per matching pair. This is payable at the time you sign your Will with us and we will forward the donation to Saint Catherine’s Catherine’s. *If your Will requires advice of a complex nature, or because of any failure on your own part to complete the Will…