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Wetherby 01937 583210
Malton 01653 692247
Legal updates

08 August 2022 Litigation

A recent County Court decision may be bad news for residential landlords In a recent case in the County Court at Luton Byrne v Harwood-Delgado the Judge (HHJ Bloom) found that a valid s.21 notice requiring possession under the Housing Act 1988 cannot be served if a landlord has not obtained a relevant gas safety certificate before the commencement of an Assured Shorthold Tenancy. In a 2020 case Trecarrell House Ltd v Rouncefield the Court of Appeal concluded that the failure to provide a gas safety certificate prior to a tenant’s occupation did not prevent a landlord serving a s.21 notice as long as the relevant certificate had been given before service of the notice. However, HHJ Bloom in the Byrne v Harwood-Delgado said that the facts before him were different to the Trecarrell case because…

02 August 2022 Employment advice

Recruiting the right senior executive can be an immense benefit to a company if they bring the right mix of skills, experience, and contacts to the business. It is not uncommon for the recruitment process to include some informal occasions, at which terms, conditions and incentives might be discussed.  Failing to capture such casual agreements and to spell them out in detail in the employment contract can lead to problems down the track if there is a misalignment of understanding.  ‘Remuneration packages and contractual terms for senior executives can be complex. So, investing time and resources in the negotiations and in setting out the agreed terms is well worth it’, according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors.  ‘Not doing so can prove costly, damaging to the business or the individual’s…
02 August 2022 Residential property

Eco features matter more to some home buyers than the size of the garden, according to a recent survey by Money.com. Solar panels now rank ahead of ensuite bathrooms on our property wish-list and, as energy prices rise, this trend looks set to continue. So, if you are selling your home, how do you appeal to today’s eco-conscious buyers? ‘Buyers are certainly more concerned about energy efficiency,’ agrees Catherine Edge, a Solicitor in the Residential Property team with Ware & Kay.  ‘Fortunately, you can improve your home’s performance and make it easier to sell without spending thousands of pounds on innovative technology.’ Your EPC can help you You will need a valid Energy Performance Certificate (EPC) before marketing your home, and it will then be available to any potential buyer. The EPC is a short report…
20 July 2022 Family Matters

A dispute between members of a farming family is fertile ground for the scriptwriters of popular soap operas, as they draw out the tensions and ramifications to entertain listeners and viewers.  But sadly, our solicitors know from experience that real life disputes among family members who farm together are not uncommon and can have serious repercussions.  In the worst cases, it can even lead to the farm having to be sold or split up. Robert Bellhouse, Family Law and agricultural law specialist at Ware & Kay in York, Wetherby & Malton outlines some common situations that can give rise to a dispute, and he provides guidance on how to avoid them. A farming business is unusual in that it serves as both the family home and a source of income, so there an emotional investment in…
19 July 2022 Residential property

Shows like Channel 4’s Grand Designs reflect the growing popularity of self-build, which accounts for 13,000 new homes every year in the UK. So, if your dream is to build your own home, should you take the next step towards making it a reality? There are certainly a lot of advantages. Self-build lets you create a home which fits around your lifestyle and individual aesthetic requirements. However, there are many more issues to consider than with a conventional purchase. So, it is especially important to get the right professional advice. What type of self-builder are you? There is no standard definition of self-build, and it can be better to think of it as a spectrum. At one end, those with relevant skills and experience may undertake all the work themselves. At the other, an individual may…
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