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What do solicitors look for when evaluating contracts?

As Corporate lawyers we are regularly asked to read through and assess various contracts for clients. In today’s busy world most clients only need to know whether or not it is a well-written contract and whether or not it covers everything. However, when evaluating contracts there are many more points we look to cover. Essential terms One of the first things to check is whether or not all of the essential terms of the contract are there. Whilst a contract can technically be formed orally in most jurisdictions, a solid…

When to unravel the web of deceit in divorce

Unhappy ex-spouses hoping to get their divorce settlements reviewed following a landmark judgment are being urged to check their facts first. It was predicted that the Supreme Court rulings in the cases of Alison Sharland and Varsha Gohil would open the floodgates to thousands of couples wanting to revisit agreements made under a financial consent order, where one party had deliberately concealed their true financial worth during divorce proceedings. In both cases - Sharland v Sharland and Gohil v Gohil - the Supreme Court gave the former wives the right…

Landlords’ obligations to check tenants’ right to rent

If you intend to create a tenancy (or sub-tenancy) on or after 1 February 2016, you have a duty to undertake identity checks to ensure that a tenant or lodger has the right to rent in accordance with the Immigration Act 2014, whether there is a written tenancy agreement or not (subject only to very limited exceptions). This duty has been in force since 1 December 2014 in respect of properties in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton. The checks must be carried out within the 28 days before the…

Rental payments after break dates

The Supreme Court handed down its Judgment in the case of Marks and Spencer Plc v BNP Paribas Securities Services Trust Company & Ors on 2 December 2015. This is important news for landlords and tenants alike when negotiating the terms of leases and exercising break clauses. The facts The brief facts of the case are that a lease had been granted for a term expiring on 2 February 2018, with rent being payable in advance on the usual quarter days. The tenant gave a break notice to end the…

Start-ups and entrepreneurs: The rise of serviced offices

Often the best route (or the only one) to starting your own business is working from home or your garage. The need to get bigger space and or a professional environment is soon a necessity when the business takes off and expansion is required. However a level of flexibility is required and the commitment to a long lease may not be the right step or one that can be affordable. Therefore one option, initially, is by use of a serviced office. Several researches have shown this to be the case,…

No fault divorces

On 13 October 2015, Richard Bacon MP introduced a Bill to Parliament proposing an amendment to family law which could enable couples to say that there was no fault for the break up and to apply for a "no fault divorce". This would involve both parties making a separate declaration that the marriage or civil partnership had “irretrievably broken down” which is the ground that needs to be satisfied to enable a person to be able to petition for divorce. The other requirement being that the parties have to have…

Property prices help fuel family inheritance court battles

Rising property prices are helping to fuel increased numbers of inheritance disputes reaching the courts, with second marriages another major contributory factor. Such challenges are no longer the preserve of the wealthy, although they continue to feature highly. Recent cases hitting the headlines have included the family fall-out following the death of the billionaire owner of Sotheby’s, Alfred Tauber, through to a court case over a £600,000 estate destined for good causes, where the will was unclear. The trend towards higher numbers of inheritance disputes has been attributed to a…

Office to residential permitted development right to be made permanent

The office to residential permitted development right will become permanent in May 2016. In May 2013, a new Class J permitted development right was inserted into the GPDO 1995 Town and Country Planning (General Permitted Development) Order 2013. This Class J granted planning permission for a change of use of a building and any land within its title from class B1(a) (offices), to within class C3 (dwellinghouses), however this was a temporary right. This Class J was then converted to Class O in 2015. There are a number of commercial…

An update on residential tenancies

Following our article on the Deregulation Act 2015 and what it means for landlords, we set out below the major changes coming into force as of 1 October 2015. In relation to Assured Shorthold Tenancies granted on or after 1 October 2015 One of the most important changes coming into force is the prescribed form of Section 21 Notice. This form is annexed to the new regulations and must be used. The days of serving Section 21 Notices when the tenant signs the tenancy agreement will also be long gone.…

The importance of choosing a good conveyancing solicitor

Your solicitor will conduct a range of tasks on your behalf, whether you are buying or selling, or both. General tasks include: Drafting and reviewing sale or purchase contracts; Dealing with Land Registry; Managing the collection and transfer of funds; and Providing legal advice and recommendations. If you are buying a property your solicitor will also carry out additional tasks including: Conducting searches on the property (these can include Local Authority search, Environmental search etc.); and Managing Stamp Duty charges and payments to HMRC. Here are some tips you should…

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