Happy New Year from the Property Team

All here at Ware & Kay hope that you have had a happy New Year. As you may be aware, a new year has brought a new government that is looking to bring forward a number of reforms. It remains to be seen how many of the suggested reforms mentioned in the Queen’s Speech will be implemented but there are a number of changes that will affect landlords of both commercial and residential property. Business rates reform The Government has suggested that it intends to conduct a ‘fundamental’ review of business rates. No timescales have been released yet but some of the key points mentioned are: Bringing forward the next business rates revaluation from 2022 to 2021 as well as moving the revaluations from a five-yearly to a three-yearly cycle. The Government describes…

Quarter of minimum wage workers underpaid

According to a study by the Resolution Foundation, more than a quarter of workers aged 15 and over are not being paid the National Minimum Wage (NMW). The NMW is the least a worker can be paid per hour by law. Employers who fail to pay the NMW can face fines of 200% of the wage arrears and potentially also criminal prosecution. From April 2020 the NMW will increase to £8.72 for workers aged 25 and over (up from £8.21). Increases for younger workers from April 2020 will be: 21-24 years old: £8.20 (up from £7.70) 18-20 years old: £6.45 (up from £6.15) Under-18: £4.55 (up from £4.35) Apprentice: £4.15 (up from £3.90) Contact our Employment Law Solicitors in York, Wetherby and Malton To find out more about our Employment Law services and how…

Wetherby office relocation – we are moving

Ware & Kay Solicitors, one of West Yorkshire’s most established law firms, is relocating its Wetherby office in January 2020.  It is moving from its office in Brunswick Court, Victoria Street, to new offices on Wharfe Mews, just off Wetherby High Street. The relocation is a result of continued growth over recent years increasing the staff based at the current office.  The offices comprise of a modern two-storey premises with over 2,000 square feet of office space including staff workspaces, private consultation and conference rooms.  It offers free on-site parking to visitors and clients.  The move means that Ware & Kay Solicitors continue to be easily accessible remaining at the heart of Wetherby town centre. Our new address is: 3 Wharfe Mews, Cliffe Terrace, Wetherby LS22 6LX.   You will see from the map below that we…

What to expect during mediation following separation

If you are attending mediation to resolve disagreements about some decisions relating to relationship breakdown, separation or divorce, you might be wondering what this involves.  A mediator is an independent person that is trained and accredited to assist you in identifying the issues in dispute and help resolve these through discussion.  Sometimes two mediators may be used, but more often than not just one mediator will be involved.  A mediator can meet you and your former partner together, or separately.  They can also arrange to meet you both at one time while you remain in separate rooms, and this is known as shuttle mediation, where the mediator will effectively shuttle between the two rooms to progress discussions.  It is important that you are comfortable throughout the process and you will not be forced to sit together…

Planning for later life care

Many of us are guilty of putting our heads in the sand when it comes to looking at what may befall us in later life. As people are living longer, the incidence of strokes, dementia and loss of mental capacity is becoming more prevalent. Many of us will live to a ripe old age without facing these issues, but nevertheless, a few simple planning meetings with the relevant professionals, will help ensure that things go as smoothly as they can. We are members of Solicitors for the Elderly (SFE) and we will ensure that you have all the legal documents in place to get you what you have planned for and that you have considered the pitfalls that may face you in later life and ways to avoid them if at all possible. Wills A…

Christmas and New Year opening times

We look forward to working with you in 2020 and continuing to deliver the best possible service.

How to make a tenancy fit for purpose

A Farm Business Tenancy is a contractual relationship which allows a tenant to rent land or buildings from a Landlord to run an agricultural business. But what provisions should a Farm Business Tenancy include to ensure it is legal and fit for purpose for both parties?   Under the Agricultural Tenancies Act 1995, a Farm Business Tenancy arises if it was granted on or after 1st September 1995 and land is used predominantly for agricultural purposes throughout the term of the tenancy. Whilst some terms are statutory and must apply, many terms of a Farm Business Tenancy can be negotiated between the Landlord and Tenant. The Act defines agriculture as including ‘horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and…

What are the legal issues for retail landlords and tenants over the Christmas period?

For most retailers, Christmas is the busiest trading period of the year and with the challenges facing the High Street many will be taking every opportunity to maximise their revenue. However, it is important that tenants and landlords consider their lease and other obligations when planning their Christmas trading activities: Pop-up shops: it is now common for landlords to fill empty space with ‘pop-up shops’ or bars and restaurants. It is important that they check whether planning permission is required and to ensure that the arrangement is properly documented. Although granting a licence to occupy may be convenient, a short term lease which is contracted out of the Landlord & Tenant Act 1954, possibly with an option to break, is a safer route. The building insurance policy should also be checked. Use: Leases…

Employee wellbeing: your responsibilities as an employer

Bowls of fresh fruit and mindfulness sessions are becoming increasingly common in the workplace as employers try to promote the wellbeing of their staff. A successful wellbeing strategy can improve employee attendance and  retention, as well as productivity.  It can also help shield you from compensation claims brought by employees for stress-related conditions which may be exacerbated by their work. Gillian Reid, employment law expert with Ware & Kay in York & Wetherby sets out an employer’s legal obligations for employee wellbeing and suggests initiatives for you to adopt. Stress at work Employers are under an obligation to protect their employees from the risk of injury while at work, including the risk of injury to their mental health caused by the development of depression and anxiety as a result of work-related stress.  Where it can be…

Agree Christmas arrangements for children now

Christmas is a magical time of the year for children. There is the anticipation of the presents they may receive, the relief of having a few weeks off school and the excitement of seeing friends and family. The hopes of what Christmas may bring are no different for the children of parents who have divorced or separated, yet lingering there in the background will be the worry of who they are going to spend Christmas with and whether the parent who misses out will be alright. To make sure your child has a wonderful and stress-free Christmas this year, Robert Bellhouse, family law expert with Ware & Kay Solicitors in York & Wetherby offers some useful tips to estranged parents trying to agree arrangements for their children over the festive period. 1. Plan ahead Talk to…