York - 
09 February 2014
Commercial property
Landlords have for a long time used the common law remedy of distress, which enables them to seize the goods of their tenant at the leased premises and sell those goods at auction, in order to recover any rent arrears. However, distress for commercial rent arrears will be abolished by the Tribunals Courts and Enforcement Act 2007 via the Taking Control of Goods Regulations 2013, which were published last month. These reforms create a new process called Commercial Rent Arrears Recovery (CRAR) which landlords must abide by when seizing a tenant's goods for failure to pay rent. The changes are due to come into effect in April 2014. Executive summary Distress is an invaluable and frequently used remedy for the recovery of arrears. Its replacement by commercial rent arrears recovery ("CRAR") from 6 April 2014…
26 January 2014
Wills and estates
With one in three babies born today likely to live to this milestone age, this is something more of us need to start planning for. Here is a checklist of the essential considerations for your elder years: Retirement finances You could easily find yourself having thirty or forty years of "old age" following retirement so it is vital to plan how much income and capital you will need to fund your future plans. You may want to help family members who are struggling financially or put something aside for your grandchildren. Using your inheritance tax allowances wisely is crucial or your relatives may have a heavy inheritance tax bill when you are gone. Paying for care Living longer means more of us will require professional care in our later years. You can plan…
22 January 2014
Employment advice
An employee can take an employer to an employment tribunal for a variety of reasons. These include claims for unfair dismissal, unpaid wages, redundancy and discrimination. If the claim is successful, the tribunal can order the employer to pay compensation and/or give the employee their job back. Defending the claim yourself can be very difficult and time consuming if you have no experience of employment law or dealing with a tribunal court. Some claims are very technical and depend on the interpretation of legislation or case law. If you do not follow the correct procedure, present your case properly or miss a hearing you put your defence at risk. If you are tempted to represent yourself, take care to avoid the most common mistakes employers make: failing to complete the response form properly or…
10 January 2014
Residential property
The 'dream of home ownership' can now become a reality for many people who had thought it might be out of their reach, under the government's new Help to Buy schemes. However, home ownership is not without its risks both financially and personally so it is wise to take legal advice at an early stage to protect your interests. There are two schemes which can help you fund a house purchase up to the value of £600,000: equity loan scheme - offering an interest free government loan of up to 20 per cent of the value of the property for the first five years. You need to put in a five per cent deposit and get a mortgage for the 75 per cent balance; or mortgage guarantee scheme - the government will guarantee up…
03 January 2014
Employment advice
All employers, no matter how good they are, will likely have to deal with an employee resignation at some point. Sometimes it is because an employee's personal circumstances change and sometimes it is because they have been offered a better opportunity elsewhere. On some occasions, it is because there are problems at work. As an employer it is important to know how to handle the details when an employee resigns. You cannot refuse to accept someone's resignation. However, if an employee resigns verbally in the heat of the moment, you should give them an opportunity to change their mind in order to avoid a constructive dismissal claim. Here is a checklist of some of the issues for employers to think about when an employee resigns: ✔ the resignation should be confirmed in writing; ✔…
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