Selling a home to appeal to eco-conscious buyers

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…

Farming family disputes are not just in soap operas

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…

Building your own dream home

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…

Employment Law Newsletter July 2022

This article covers: 1. Early Conciliation: How to Avoid the Employment Tribunal 2. Part-Time Workers Rights 3. “Wellness” in the Workplace 4. Was Dismissal of Employee Fearful of Covid-19 Fair 1. Early Conciliation: How to Avoid the Employment Tribunal The obvious route to avoid the employment tribunal is for employees and employers to discuss workplace issues as they arise and to resolve them before they become disputes. However if informal workplace conversations or more formal approaches such as a grievance procedure don’t work, employers can find themselves facing a claim in the employment tribunal. The question is, how to avoid the claim being heard, in public, in the employment tribunal. Before commencing a claim in the employment tribunal the employee must inform Acas – please note strict time limits apply at every stage so don’t delay…

Who pays private school fees after divorce or separation?

According to the Financial Times the average fee for independent schools is now over £15,000 a year for day pupils and £36,000 for boarders. This represents a substantial financial commitment over the education of a child, and often has to be taken into account when negotiating a financial settlement after divorce or separation. Disputes can arise for many reasons, perhaps parents have different priorities or maybe one parent is finding it harder to cope with paying school fees and all the extra costs. ‘Perhaps one of the largest bones of contention between separated parents when it comes to their children’s schooling is how the school fees will be paid,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby.  ‘Often, even prior to separation, parents have made sacrifices in order to pay…

Summer 2022, employment law update

This year’s Queen’s Speech was surprisingly light on employment law developments, with the omission of the long-awaited Employment Bill. However, the last few months have seen a couple of announcements from the Government regarding the future of work, data protection, exclusivity clauses and the menopause which employers need to be aware of, and tribunal and Employment Appeal Tribunal decisions continue to provide interesting reading, including decisions in the context of Covid-19. Kalpesh Nakeshree, Head of Employment Law with Ware & Kay, provides a round up of recent developments for employers. Whatever happened to the Employment Bill? The Employment Bill was proposed in 2019, and the Government has indicated several times that it would bring in changes such as extending redundancy protection for new parents and pregnant women and a new right to neonatal leave, as well…

Inheritance Tax Planning and Woodlands - seeing the wood for the trees!

Can you help the environment and save some tax?  Emma Elwess considers inheritance tax planning and woodlands. Brief inheritance tax position Inheritance tax can be complex but the rate of tax is 40%, above the ‘nil rate band’ on which there is no inheritance tax to pay – this band depends on the individual’s family circumstances and assets.  Why woodlands? Investing in woodland, or reviewing what you do with your existing woodland, can be a useful estate planning strategy – leaving more for you to pass to the next generation. Is it a business? Woodland may qualify for Business Property Relief if commercially owned and managed as a business. Examples of businesses that could qualify include woodland used for camping, fishing, or where the timber is being generated for sale – even if a sale may…

Be a good sport! Take care with sporting rights on farmland

Sporting rights can be extremely valuable to landowners with some, such as rights on a grouse moor, being potentially of more value than the land itself.  Granting sporting rights to others also provides an attractive means of diversification and a source of additional revenue to improve profit margins. However, as Jacqueline Barr, an agricultural law specialist at Ware & Kay Solicitors in York & Wetherby explains, ‘There can be pitfalls, when others have sporting rights over your property as this gives them the legal right to enter your land to hunt, fish or shoot.’ Acquiring land When buying piece of land, many believe that they will own it in its entirety and have the right to do whatever they want on it, and to stop other people doing anything on it too. Under English property law…

Legal considerations if you are tempted to buy a holiday home

Summer is around the corner, and it is not uncommon to want to prolong that holiday feeling and dream of investing in a holiday home which allows you to return to your favourite spot more frequently. Holiday home ownership has boomed recently and in 2021 second homes accounted for more than 24,000 purchases. Many of these were on the coast or other areas of natural beauty, where house prices have also seen rapid growth. ‘If you are planning to buy a holiday home, it is important to consider the issues carefully and not get swept away by enthusiasm or high-pressure sales tactics,’ says Holly Stevens, Director & Head of Residential Property with Ware & Kay in York. ‘Buying any property is a major investment, and holiday home ownership can involve additional considerations with long-term consequences, so…

“One Day the Farm Will All Be Yours” – Grounds to challenge inheritance

As a child, I was oblivious to Uncle Len’s misfortune. During a lifetime of loyal service to the landowner, he was promised by the landowner, the land and house where he lived and worked, would be left to him in his employer’s Will. Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down. The trust placed in that promise, also took away his motivation to pursue better employment, or buy a house. When his employer died, his Will left Uncle Len nothing. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about it. How different my uncle and aunt’s lives might have been, if I could have passed on my knowledge…