The latest on serving Section 21 notices

In a recent case of Khan and another v D’Aubigny the Court of Appeal considered a decision made by Wandsworth County Court in which Dr Kameel Khan and his wife Mrs Julia Khan (the Khans) were the landlords of a flat which they let to Mrs Elena D’Aubigny (the tenant) under an AST. The Khans served a S21 notice on the tenant and then applied for possession of the flat. For tenancies that started on or after 1 October 2015, a landlord cannot serve a valid section 21 notice if they have not given the tenant a copy of the current gas safety certificate and a valid energy performance certificate (EPC) together with the ‘How to Rent’ booklet before giving notice. The Khans said that their solicitor had posted copies of the documents to the tenant…

Where is your boundary: Can landowners rely on a Land Registry plan?

Landowners faced with disputes over their boundaries often point to the Land Registry plan for their land as evidence of what they own and their property boundaries. Unfortunately title plans are not definitive and will not necessarily show the precise location of the boundaries. Unless the owner of registered land has entered into a boundary agreement or had the boundary line determined by a Court or the Land Registry, the great majority of registered titles show only the ’general boundaries’; this means that the Land Registry plan gives an approximation of a property’s extent rather than an exact delineation. In the recent Court of Appeal decision of Clapham v Narga the Court confirmed that the Land Registry’s plan was ordinarily irrelevant in establishing where a boundary is located. This case was a long running dispute…

Martin House Make a Will during the month of March 2025

Leave your legacy to help us continue ours     If, like many other people you have been putting off writing your Will, this is your chance to put that right. Ware & Kay Solicitors has teamed up with Martin House to give you the opportunity to have your basic Will written for free. Legacies are vitally important to Martin House. In fact, they make up more than a quarter of our entire voluntary income, meaning the cost of caring for one in four of our children is covered by gifts left in Wills. Over half of UK adults have not made a Will. It's not always easy to think about what might happen when we die. But making a Will is an important step to ensuring the people and things you care about are taken care of after you're gone…

Debbie Gilpin, Deputy Head of Wills & Probate urges families to act now and plan ahead for upcoming changes to inheritance tax

Families in Yorkshire are being urged to take action to safeguard their financial future ahead of upcoming changes to inheritance tax (IHT) rules.  The latest budget announced a freeze on the IHT nil rate band and residence nil rate band thresholds until 2030, meaning more families are likely to be impacted as property values continue to rise. Changes to tax relief on certain assets and adjustments to pension rules will see more estates facing unexpected tax liabilities. Debbie Gilpin, Deputy Head of Wills & Probate at Ware & Kay in York warns that failing to plan ahead could result in significant financial losses for loved ones, with many unaware of the options available when it comes to planning to mitigate IHT. New research from The Association of Lifetime Lawyers, a membership body of expert…

Do you need an employment policy for AI use at work?

Rapid changes are underway in the world of work due to the increased use of increasingly sophisticated artificial intelligence (AI) products that are available to employees and contractors. As with any innovation, it can take a while to fully understand the benefits and the risks, and for policies and procedures to catch up. ‘Employers and recruitment agencies use AI in recruitment; and employees are making use of AI to carry out their jobs, sometimes on their own initiative,’ says Jessica Gowar, Head of Employment with Ware & Kay Solicitors. ‘While the advantages can be transformational, using AI is not without risk and now might be a good time to consider developing a policy on the use of AI by employees, and to check with your recruitment agencies how they use it’. Jessica highlights key areas…

Negotiating changes to a child arrangements order

If you had to go to court to obtain a child arrangements order, it probably came as a relief once it was in place and you could settle into a routine with your child. However, family life is forever evolving and there are many reasons why you may seek changes to the existing court order. Hopefully such changes can be achieved by amicable agreement. However, sometimes proposed changes can be contentious and may require the support of a solicitor or the intervention of the family court. When can I seek changes to my order? ‘A change in your child’s circumstances may require you to seek a variation of a child arrangements order, particularly if this change means the terms of the current order can no longer be upheld’ explains Samantha Sinclair, Head of Family Law with…

Four common mistakes with employment contracts

Although there is no legal obligation for employers to provide a contract of employment for their employees, there is a legal requirement to provide a written statement of terms, or “particulars” of employment as soon as employers engage new personnel. This is often a confusing distinction, so why not start with a clear contract of employment which outlines both employer and employee responsibilities and obligations from day one and avoid the headache of disputes later? “The relationship between an employer and an employee is, at its root, a personal one. Both employee and employer should understand and accept the terms of their relationship jointly in order to make that relationship work effectively. Contracts of employment are the backbone of the workplace relationship” says Jessica Gowar, Head of Employment with Ware & Kay. “It is not…

Ware & Kay welcomes Jessica Gowar as Head of Employment

Ware & Kay incorporating Pearsons & Ward Solicitors is delighted to announce the appointment of Jessica Gowar as Head of Employment. With over two decades of expertise in employment law and an impressive career spanning both legal practice and academia, Jessica will lead the firm’s Employment Law Department, providing strategic guidance and expert advice to businesses and individuals alike. Jessica’s career highlights include managing diverse employment law caseloads, advising on both claimant and respondent matters, and handling complex employment disputes. In addition, she has served as a Senior Lecturer and Module Lead of Employment Courses at the University of Law in Leeds, where she delivered professional skills courses for solicitors and HR professionals, mentored junior staff, and supervised pro bono employment advice clinics. Her extensive experience, combined with her academic acumen, ensures she brings a…

The internet of things, and buying a ‘smart’ home

A house which ‘thinks’ for itself, adapting the ambient temperature minute-by-minute, watering your plants while you are away, controlling access based on biometrics. That may seem like the stuff of science fiction or Grand Designs. However, many of us have already incorporated smart devices into our homes, from smart lights you control from your mobile phone to video doorbells. ‘As technology develops, fully or partially automated homes and buildings are becoming an option and more developers are building homes which incorporate modern technology,’ says Catherine Edge, Deputy Head of Residential Property in York with Ware & Kay. ‘However it is not as simple as agreeing to keep the washing machine, as buying a smart home also involves the transfer of hardware and software and related privacy issues. So, it is important to choose a solicitor who…

Bethany Worthy, Associate in Wills & Probate at Malton urges families to act now and plan ahead for upcoming changes to inheritance tax

Families are being urged to take action to safeguard their financial future ahead of upcoming changes to inheritance tax (IHT) rules. The latest budget announced a freeze on the IHT nil rate band and residence nil rate band thresholds until 2030, meaning more families are likely to be impacted as property values continue to rise. Changes to tax relief on certain assets and adjustments to pension rules will see more estates facing unexpected tax liabilities. Bethany Worthy, Associate in Wills & Probate at Ware & Kay incorporating Pearsons & Ward  in Malton warns that failing to plan ahead could result in significant financial losses for loved ones, with many unaware of the options available when it comes to planning to mitigate IHT. New research from The Association of Lifetime Lawyers, a membership body of…