Legal News from Edward Harte LLP

Fraudsters Be Warned – Land Registry seeks to protect Landlords and Non Resident Home Owners.

2012-02-08T11:35:00.001Z

The Land Registry have recently taken steps to introduce a 6 monthinitiative to aid property owners in protecting their empty or tenantedproperties being sold or mortgaged fraudulently. Non resident or absentproperty owners are being encouraged to register a new Form LL restrictionagainst the title to their property for which there is no land registry free.The restriction requires a conveyancer’s certificate confirming that personselling or mortgaging the property is the true owner. This will provide invaluable protection toLandlords and indeed owners living abroad or in care homes or where propertieshave been left empty as they are the amongst the most likely to fall victim tofraud.

The new procedure for safeguarding property is subject to a 6month trial period but is not appropriate to use for owner occupiers, corporateLandlords, commercial premises or developments.

If you require any furtherinformation please contact Ms M Nagra in our property team.

Employment: Possession Nine-Tenths of the Law?

2012-02-01T09:38:00.002Z

The benefits of Compromise Agreements are well knownto most these days. They enable in atime efficient and economic way the great majority of any potential issuesbetween employer and employee to be resolved.

What happens however when the money starts to runout?

Without doubt these are worrying times for employersand employees alike and redundancy seems to be a phrase on every employer andemployee’s lips. We, as BrightonEmployment Lawyers, have as a consequence seen a significant increase in thenumber of Compromise Agreements concluding in a co-operative way, the issuesregarding termination of employment and severance packages by employers. In these troubling times however it can oftenbe a symptom that an employer is in such major financial difficulties that itcalls into question their ability to make payment of those sums due to anemployee under any Compromise Agreement. We are seeing an increasing need in order to counter these concerns totake receipt of all monies due to an employee as compensation for loss ofoffice in advance of concluding the Compromise Agreement and holding suchmonies to the employer’s order until completion of negotiations.

If you have any concerns regarding your proposedCompromise Agreement, or if you are an employer and are worried about apotential redundancy situation affecting your employees, please contact eitherBrian Donnan or Alex Watson.

Break Clauses - Traps for Tenants - A cautionary tale

2012-01-19T12:02:00.004Z

In a recent case (Avocet Industrial Estates LLP v Merol and another[2011] EWHC 3422 (Ch), the Court held that a Tenant invalidly exercisedits right to break its lease because it had not made all payments due under the lease as required by the breakclause. In this case, as is common in most commercial leases, the leaserequired the payment of default interest on late payments. The Tenant servedits break notice in the appropriate form on the Landlord and a day before thebreak date the Tenant sent the Landlord the principle rent due by cheque, thekeys and confirmed the premises were vacant. However, before the expiry of thebreak notice, the Tenant had paid its rent or insurance late on three occasions.Notwithstanding the fact that the Landlord did not issue a demand for defaultinterest on these late payments at the time, the Landlord wrote to the Tenantafter the expiry of the break date advising that the Tenant had not compiledwith the break clause because firstly, a cheque was not acceptable (the Landlordrequired cleared funds by the break date) and secondly, default interest wasdue because the Tenant had paid rent and other sums late.

The judge held that whilst the outcome was a “harsh one”, the Tenanthad lost its right to break the lease and was bound for the remainder of theterm. The decision highlights theimportance of obtaining the correct legal advice before negotiating new leases and seeking to exercise your right to break.

If you require any furtherinformation regarding Break Clauses or Commercial Leases in general pleasecontact Ms M Nagra in our commercial property team.

Football Team 2012

2012-01-17T13:48:00.000Z

Edward Harte kicked off 2012 as their formidable 5-aside football team competed in the Firm Balls' Champions League trophy. With high hopes of retaining the trophy they won last year and aiming to shave off some Christmas turkey the team dusted off their kit and took to the pitch . Unfortunately the Christmas break seemed to take its toll on fitness levels and they had to settle for a respectable 4th place. Aiming to build on this for next week's first league match.........................

Stamp Duty Land Tax

2012-01-16T09:06:00.000Z

Exemption for first time buyers

Chancellor George Osborne has advised that he will not be extending the Stamp Duty Land Tax holiday for first time buyers and as planned this will now end on the 24th March 2012.

First time buyers should be aware when planning their finances that unless the government change their decision before the 24th March 2012 any purchases which complete after this date will be subject to the usual stamp duty land tax payments. Therefore careful consideration should be taken when agreeing completion dates and if you wish to rely on the relief for first time buyers please ensure that you inform the solicitors acting for you of the importance of your transaction being completed before the 24th March 2012.

The current stamp duty land tax brackets are :-

£0 - £125,000 No Stamp Duty Land Tax payable
£0 - £150,000 No Stamp Duty Land Tax payable if the property is in a "Disadvantaged Area"
£125,000 - £250,000 1% of actual purchase price
£250,000 - £500,000 3% of actual purchase price
£500,000 - £1m 4% of actual purchase price
over £1m 5% of actual purchase price

If you require any further information regarding Stamp Duty Land Tax please contact our residential conveyancing team

First Divorce Petition of the New Year!

2012-01-06T15:15:00.002Z

Once again we have been able to issue the first Divorce Petition of the New Year! One lucky client is now the proud owner of 00001 as their Petition number, which number will remain with them throughout the process as a perennial lucky charm!

Obtaining probate in record time

2009-11-09T10:51:00.000Z

We always endeavour to obtain a Grant of Probate/Letters of Administration with the minimum of delay. Recently, we were able, with the co-operation of the Probate Registry, to obtain probate in record time: five working days from lodgement of the Application. Our deceased client died late September leaving a complex situation in regard to minor children, guardianship, pension entitlements and death in service benefits. We gave very close attention to the needs of the bereaved family at a distressful time for them and by expressing the need for speed with the various debtors and creditors of the estate to provide accurate information as quickly as possible, we were able to present the papers to the Registry in a form enabling it to process the Application far quicker than usual.

Collaborative Law

2009-03-03T11:13:00.001Z

Colin Wibley is pleased to announce that he successfully completed his training as a collaborative lawyer in December 2008.

The firm is now very proud to announce that they have three trained collaborative lawyers (the others being Elizabeth Taylor and Sue Ansell).

Collaborative lawyers are able to provide an alternative approach to finding solutions following the breakup of a marriage, civil partnership or relationship. In this process the parties are encouraged to share their hopes, expectations and even fears and everyone works together to find solutions to allow the parties to emerge from the process ready to get on with the rest of their lives. Often the solution can include a value added element which would not have been achieved through the Courts.

Furthermore it is often said that even though the relationship might have broken down, the collaborative process gives the parties an opportunity to emerge with their family intact.

Another first for Liz Taylor

2009-02-04T11:03:00.000Z

Is this the fastest divorce ever?
Client came to us on 30th of December after initial correspondence with the other side, Divorce Petition issued and Injunction obtained on the 7th of January and by the return date of the 21st of January all matters were settled and agreed.
On that date the Court approved a final Consent Order and the immediate granting of a Decree Nisi of divorce.

14 days start to finish. Can this be beaten...!