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Huseyin Youssouf

This author has written 30 articles

Buy to let Landlords beware – letting prevented by lease user restriction

The Upper Tribunal has held that a flat owner was prevented from letting out their flat due to the terms of the lease restriction as to the use of the property. The landlord successfully appealed against a decision at first instance that the flat owner was not in breach of covenant. In the case of Roundlistic Limited v Jones and Seymour [2016] UKUT 325 (LC), a restrictive covenant confirmed the maisonette's use to occupation by the tenant and their family. This was held to mean meant that only the flat…

Lasting power of Attorney

A Lasting Power of Attorney (LPA) is a way of giving someone that you trust the legal authority to make decisions on your behalf if you lack mental capacity or if you no longer wish to make decisions for yourself. There are two types of LPA, for financial decisions and for health and welfare decisions. The criteria for someone wishing to make an LPA for both types of LPAs are quite straightforward, they must be any person aged 18 or over and the person wishing to make an LPA must…

Courts cost rule sets precedents for family disputes over Wills

The High Court has handed down a costs judgement, setting a precedent that costs orders will be made by the court against claimants who pursue weak Will challenges, act obstructively, cause delay and increase costs without incurring costs themselves. Kenneth Jordan died in 2012 leaving his entire estate to his mistress Ms Elliot. Ms Simmonds, the illegitimate child of the self-made millionaire, claimed that his 2012 Will was invalid for lack of capacity, knowledge and approval and undue influence. Ms Simmonds further alleged a claim under the Inheritance (Provision for…

How will the new state pension affect you?

The new state pension arrived in April 2016, introducing a new single-tier system to replace the old basic rate plus additional credits structure. However, not everyone will get the same flat rate – with some set to be worse off than under the old system. 6 April 2016 saw the start of this simplified state pension, where a single rate replaced the system where for some people, the basic rate was topped up with a second pension. This new, single-tier structure will also make providing pensions cheaper for the government…

The devilish detail on inheritance tax

In last summer’s Budget speech, significant changes to inheritance tax (IHT) were announced. This related to a new allowance for those who own their home and want to leave it to their children. For these homeowners, a transferable Residence Nil Rate Band allowance (RNRB) will be introduced from April 2017. However, the Treasury have tried to address a number of objections to the Chancellor’s original proposals. The Government came back with amendments to the Finance Bill to clarify the treatment of family homes left in trust, to extend the scope…

A potential rise in probate fees and how it could affect you

A consultation is to be heard on the 1 April 2016 which aims to set out the Government’s reform proposal regarding the fee payable for an application for a Grant of Probate. The Grant of Probate is a document which confirms that the Executors have the authority to deal with the deceased person’s assets. New Proposals The proposed move sees a change from the traditional flat fee to that of a banded fee approach, which means that the fee is proportionate to the value of the estate. The flat fee costs…

Buying a property at auction

The main attraction of buying at auction is that you avoid the conventional drawn out process of purchasing a property. A variety of properties can be purchased at auction including residential, commercial, plots of land and freehold investment properties. When preparing for auction it is important to consider the following points: Contact the relevant auction house and request their catalogue. Most auction houses hold regular auction sales with a catalogue printed some weeks in advance. You can also subscribe to catalogue mailing lists. Most auction houses now publish online catalogues…

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