What is Employment law?
Answer
An area of law that governs the relationship between an ‘employer’ and an ‘employee’.
What is Family Law?
Answer
Family law refers to any law which affects matters relating to children or families.
Do I need a Will?
Answer
If you die without a Will in England or Wales, the law will decide who gets what. If you have no living family members, all your possessions and property will go to the Crown.
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What is conveyancing?
Answer
Conveyancing is a legal term used to describe the legal transfer of property ownership from one person to another. The conveyancing process is handled by a conveyancer, which is usually a solicitor or licensed legal conveyancer. The term as we know it typically relates to buying and selling houses. The conveyancing process involves multiple stages, from accepting an offer from a buyer to transferring the title deeds of the property into the buyer’s
When should I instruct a conveyancing solicitor?
Answer
When selling, Instructing before you have found a buyer gives your conveyancer the chance to review all the paperwork relating to your property in advance. When buying a property, you will need to instruct a conveyancer as soon as an offer has been accepted, as all parties will now be requesting this information.
What is a Trust?
Answer
A trust is brought into existence when a person (called the 'settlor') transfers some of their assets to trustees (who become the legal owners) for the benefit of third parties, called 'beneficiaries' (the beneficial owners). A trust is a legal entity in itself. Another word for a trust is a settlement.
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How do I start divorce proceedings?
Answer
A divorce can be started, as long as you have been married for at least one year. A divorce petition is prepared and submitted to the Court. The other party then receives an acknowledgment form. You can then proceed to the Decree Nisi stage (the interim divorce order) and, after waiting six weeks and one day, you can apply for the Decree Absolute (the final divorce order).
What is a divorce?
Answer
Divorce is the dissolution or end of a marriage. The process is started by filing a divorce petition with the Court and is ended when the Court issues a decree absolute.
What is a probationary period?
Answer
A probationary period is a limited period of time after the employee starts working for the company, during which either party has the right to terminate the agreement.
Can someone be employed on fixed-term contract?
Answer
Yes - on the basis that the contract will terminate at a future date when a specific ‘term’ expires.
What is the Employment Tribunal?
Answer
The Employment Tribunal provides a legally binding judgement for employment disputes. In most cases there are usually a panel of 3 people, consisting of a legally qualified Judge and two non-legal, lay people who have experience within employment workplaces.
How much notice should I be given for redundancy?
Answer
The statutory notice periods for redundancy are: - One-week notice if employed for between one month and two years. - One-week notice for each year employed, if between two and twelve years. - Twelve weeks notice if employed for twelve years or more.
What is a common law partner?
Answer
“Common law partner” refers to those who are living together similar to marriage but as unmarried partners. This is not a real legal status, regardless of how long you have been together. But many people consider those who live together unmarried as “common-law partners” when in actual fact, they are cohabitees. As common law partners, you do not usually have many legal rights and are certainly not entitled to the same rights as married
What is a Prenuptial agreement?
Answer
A prenuptial agreement is and agreement entered into before you marry, and will set out how you wish your assets to be divided in the event that your marriage breaks down. Prenuptial agreements are not formally binding in England and Wales.
Who is allowed to make a Will?
Answer
You can make a Will if you are aged 18 or older, but you must create one voluntarily without being pressured by another person. You must also have the mental capacity to understand the contents of what is being written in the Will and be aware of your assets and the people you choose to inherit your estate. Once you have written your Will, you must sign it in front of two independent witnesses. All three of you should be in the same room during this process, as the two witnesses must
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Can I make a will for free?
Answer
You may be able to make a free will using one of the charity run free will schemes we work with, including Cancer Research UK Free Will Offer
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Why do I need a Solicitor?
Answer
Because a Solicitor is an experienced, expert adviser who will represent you better than you can do for yourself.
Can you get legal aid for divorce?
Answer
Legal aid for divorce has been reduced dramatically/ To quality for legal aid you will need to have formal evidence of domestic violence or child abuse, satisfy the financial eligibility and have good prospects of pursuing the case.
Can I make my spouse leave the family home?
Answer
A joint owner of a property can only be made to leave, if they are not prepared to leave voluntarily, is by the Court making an Occupation Order, ordering them to leave or within the financial proceedings a property transfer order is made.
What is family mediation?
Answer
Family mediation is a process of resolving conflict with an ex-partner in relation to matters concerning your property and finances or your children or both.
What are the grounds for divorce?
Answer
You will need to demonstrate that your marriage has irretrievably broken down, by being able to prove of the following five facts: Your spouse has committed adultery Your spouse has demonstrated unreasonable behaviour Your partner has left/deserted you for a continuous period of 2 years You have been separated for at least 2 years and you both agree to the divorce You have been separated for at least 5 years - it doesn't matter if your partner doesn't agree to the
How much will a divorce cost me?
Answer
There are two elements to a divorce: the paper divorce and the financial settlement. The paper element of obtaining a divorce cost approximately £1300 on average if the divorce is undefended. This includes the court fee of £550 to start the case.
How long will my divorce take?
Answer
On average, a divorce can take around 6 months, although it is very much dependent on the complexity of your case, whether you complete the application documents accurately and how quickly you go through each stage of the divorce process. In addition, it is also dependent on how efficiently the court is able to function. If you request a divorce jointly with your spouse you will both receive confirmation that the divorce has been filed. After this, you are required to wait for at least
Is Same-Sex Relationship Divorce Process Different?
Answer
Spouses in a same-sex relationship go through the same process for divorce as couples of the opposite sex. To apply for a divorce, you will need to file a divorce application online through the divorce portal or fill in a divorce application form (D8) to start the process and pay a £593 fee. For all couples seeking a divorce, before you make an application, you have to have been legally married for over a year, with your relationship permanently breaking down during that
I got married abroad but live in England, can I get divorced in England?
Answer
It does not matter where you got married as long as the marriage is valid under the laws of the country where the marriage took place. You can get divorced in England as long as you or your spouse are habitually resident in England or domiciled here.
What happens in mediation?
Answer
The mediator will liaise with the parties at a MIAM meeting about what mediation entails. Meetings will be scheduled over a period of time and may look at arrangements for children, exchange financial information with a view to negotiating a financial settlement and other options. The mediator may suggest other help, such as financial advice or support for your children, but will never offer legal advice.
Will I have to go to Court in order to obtain my divorce?
Answer
No, you will not have to go to Court if you and your spouse have agreed to divorce, agreed how the costs will be shared, and agreed that there are no issues regarding finances or children to be resolved.
What does shared care of children mean?
Answer
A common misconception is that “shared care” means that the child’s time is divided equally 50/50 between their parents. However, this is not correct. In child custody or child arrangement proceedings shared care can result in different outcomes depending on the situation. It is preferable that both parents have contact with the child, but it is often the case that it is not possible to equally split time between each parent. The reality is that each parent has
What is parental responsibility?
Answer
Parental responsibility is where an adult is responsible for the care and well-being of their child and can make important decisions.
Who has parental responsibility?
Answer
Parental responsibility refers to an adult's authority to make decisions on a child's behalf. Put simply, it is the responsibility for every aspect of the child’s life, including the child’s welfare, education, health, support, and care. A mother is automatically considered to have parental responsibility for their child according to law. However, a father does not automatically have parental responsibility only where he is married to the mother of the child at the time
Do all child arrangements have to be formally approved by the court?
Answer
Previously known as “child custody,” child arrangements do not always have to be formally approved by the court in England and Wales. If you and the other parent agree on how your child should be cared for, how much contact each parent should have with the child, which school they should attend, and all other applicable arrangements, then the court does not need to intervene. If you are able to agree on the child arrangements, it is a good idea
What rights do I have as a Grandparent?
Answer
As a grandparent, you don’t have an automatic right to see your grandchildren, this is because grandparents do not usually have parental responsibility. Parental responsibility allows people to decide who their children see and how they live their lives. It is ultimately the parents’ choice as to whether you can have access to your grandchildren. If there are disagreements regarding whether you can see your grandchild, you can find ways of having contact with them
How are pensions dealt with in divorce?
Answer
When dividing pension in divorce, there are a number of options. The two main options are: A pension sharing order - A share of one person's pension is moved into a separate pension. Pension offsetting - This is where some cash savings, a greater share in a property or some other capital is given to the receiving party, instead of pension.
Can I have a free consultation?
Answer
In some areas of Family Law, we offer an introductory meeting with a member of our legal team. This meeting is free and designed for you to get to know our firm, your solicitor and to discuss your case. By completing this initial meeting, you can make an informed choice about how you want to move forward to get the best results.
Can I claim my legal costs against the other party?
Answer
If in a divorce case, you rely on the adultery, unreasonable behaviour or desertion of another party, you may claim costs against them. Normally in a separation case, each party will pay their own costs.
Are you regulated?
Answer
GloverPriest Solicitors is regulated by the Solicitors Regulation Authority number 597426.
What are executors?
Answer
Executors are people who are named on a Will as those in charge of sorting out the deceased person’s estate. The estate includes things like property, assets, investments, savings, and possessions. When someone makes a Will, they will name a person who they trust to be responsible for reviewing the Will, collecting the assets included in the Will, and distributing them to the beneficiaries named in the Will. The executors will also need to pay off any debts or liabilities such as
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Who can be an executor?
Answer
When choosing an executor, you should appoint someone you trust to look after your affairs. They can be family, friends or professional people (e.g. solicitors). Executors must be over 18 years old.
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What are general powers of attorney?
Answer
General powers of attorney grant somebody you trust the authority to deal with your affairs, although you still have your own facilities
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Who can witness a will?
Answer
Witnesses must be aged 18 or over, however, other than this there are no official regulations regarding who can and cannot witness a will other than the witnesses cannot benefit from the will.
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What is a mirror Will?
Answer
Mirror Wills are Wills that are almost identical to each other. Both Wills share similar provisions and are an ideal choice for a married couple or partners who want to protect their partner’s financial future. Normally, a mirror Will states that when the person passes away, their partner will inherit their estate. Both Wills will effectively mirror the other so that the provisions are almost identical. A mirror Will can also provide for the couple’s children. For example, if
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What's the best way to reduce inheritance tax?
Answer
There are many ways to reduce inheritance tax, including making gifts to friends, family or charities and using trusts.
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Can I change my will?
Answer
No, you cannot change a will once it's been witnessed and signed. The only way you can make amends is with an official modification called a 'codicil'.
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What is a Codicil?
Answer
It's a legally valid document making minor changes to a Will, which is read together with the original Will, to reflect your wishes.
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How often should I update my Will?
Answer
It is usually recommended to review your will at least every five years or whenever your circumstances change e.g. on marriage, having children, purchasing a house or divorce/separation.
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What makes a will void?
Answer
A Will can become invalid for a number of reasons. For instance, if it hasn’t been signed correctly. It needs to be signed in front of witnesses and the witnesses also need to sign it themselves in order for it to be valid. The two witnesses must also be over the age of 18 and must not be beneficiaries of the Will. Another issue that could lead to your Will being invalid is if you do not have the mental capacity to understand your actions when writing and signing the
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What type of gifts can I leave in my Will?
Answer
There are several types of gifts you can leave in your Will for different people or organisations such as charities. The three types of gifts you can leave in your Will are a pecuniary gift, a specific gift, and residuary estate gifts. A pecuniary gift, also known as a cash gift, is a fixed amount of money you can choose to give to a specific person, a group of people or organisation. You can ask your solicitor to take inflation into account to preserve the gift’s
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Is my Will registered anywhere?
Answer
At GloverPriest we ensure every one of our Wills done by our lawyers in recent years are registered with The National Will Register Certainty.
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What is Probate?
Answer
Probate is the legal process of administering the estate of a person who has died, and, after deducting debts and other liabilities, transferring that person's money and possessions to the people who will inherit them.
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How long does Probate take?
Answer
The time it takes is dependant upon what the estate involves. In some cases a Grant of Probate can be obtained very quickly and most estates are completed well within a year of someone's death.
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Can I sell the deceased's house?
Answer
If the estate obtains any property, it can be marketed but cannot be sold before a Grant of Probate is given. A Grant of Probate will not be given until any inheritance tax due has been paid.
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Is Probate always required when someone dies?
Answer
Not in all cases. As a general rule, a grant is not required when everything the deceased owned was held in joint names with their spouse, and they are the sole beneficiary.
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Do I need a solicitor for Probate?
Answer
Instructing a probate solicitor may speed up the amount of time it takes to complete the probate process and significantly reduce the amount of stress created by the probate process.
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What is a Grant of Probate?
Answer
Grant of Probate provides legal confirmation that the Will is valid and has been officially registered with the Court. It permits the executor(s) to administer the estate and to carry out the instructions as laid out in the Will. A Grant of Probate is only issued to the executors named in a Will.
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What if there are no executors?
Answer
In this case, if there is a will in place, but there are no stated executors, beneficiaries can apply for "letters of administration" in order to be able to administer the estate themselves.
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Will there be Inheritance Tax or 'Death Duties'?
Answer
If an individual's estate, after the deduction of liabilities, is worth more than £325,000 there will be tax to pay of up to 40% of the estate.
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What sort of trusts are there?
Answer
There are many types of trusts, your solicitor will go through what options are available. A full list of the different types can be found at https://www.gov.uk/trusts-taxes/types-of-trust
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When should I set up a trust?
Answer
There are circumstances where creating a trust may be a good option for you. You can set up one at any time or have it written into your Will. For example, you might set up a trust to ensure that someone who cannot support themselves is cared for once you pass away, or you may create a trust so that your finances are appropriately used if you are in ill health and unable to control them yourself. People often set up a trust for their children, especially if they are too young to handle
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What can I put in a trust?
Answer
Anything from your estate can be put into trust, the most common is money and property,
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Do I have to have an employment contract?
Answer
No, a contract will exist as soon as a job offer is accepted. Legally, however, every employee and 'worker' has to have a written statement covering specified terms and conditions from day one.
How much noticed should I be given for redundancy?
Answer
The statutory notice periods for redundancy are: One-week notice if employed for between one month and two years. One-week notice for each year employed, if between two and twelve years. Twelve weeks notice if employed for twelve years or more.
Can I be made redundant while I'm pregnant?
Answer
During your pregnancy, your role can be made redundant, providing the redundancy is in no way linked to your pregnancy. If your redundancy is based on your pregnancy, you would be able to make a discrimination claim under the Equality Act.
What is the time limit on making a redundancy payment claim?
Answer
Statutory redundancy payment time limit is six months starting with the relevant date, which in most cases is the termination date.
What is unfair dismissal?
Answer
When an employee's contract is terminated without a fair reason. Unfair dismissal can also be claimed by the employee if the employer had a fair reason but handled the dismissal using a wrong procedure.
Who can claim for unfair dismissal?
Answer
Only employees of the company (not agency workers or freelance consultants etc) may qualify for the right not to be unfairly dismissed. In most cases, you must also be able to show that you were employed by the same employer for at least 2 years prior to your dismissal.
What is whistleblowing?
Answer
Whistleblowing also known as qualifying disclosure is when and an employee reveals information or facts about their employers' wrongdoing. Workers are protected from losing their job or suffering any damage as a result of whistleblowing.
Am I entitled to paid holiday?
Answer
Every full time, part-time, agency and casual worker are entitled to 28 days paid holiday per year which can include 8 bank and public holidays.
Am I entitled to have the bank holiday off work?
Answer
In short, no. You do not have an automatic right to take bank or public holidays off work, with or without pay.
What are Maternity rights?
Answer
Maternity rights are designed to protect a women to allow time off to give birth and nurse a newborn baby. Maternity rights protect women from being dismissed or discriminated against because of their pregnancy.
What are Paternity rights?
Answer
Paternity rights protect men from being dismissed or discriminated against if they are requesting time off to be with their newborn baby.
What are adoption rights?
Answer
Adoption rights allow the same rights as maternity and paternity rights which are to not be discriminated against or dismissed due to the decision to adopt a child.
What areas are covered by discrimination?
Answer
Discrimination occurs when one employee is treated less favourably than other employees. It is unlawful for your employer to discriminate against you on the basis of: Sex Religion/belief Pregnancy/maternity Gender Marriage/civil partnership Race Sexual orientation Gender reassignment Age
Do I have to accept a Settlement Agreement?
Answer
No the agreement is voluntary and can be withdrawn at any time by the employer until both parties have agreed and signed.
Does a Settlement Agreement put the employer at an advantage?
Answer
The employer does draw up a settlement agreement but the employee is protected by the requirement that he or she receive independent legal advice, normally from a solicitor ensuring the agreement is fair and proper.
How long do I have to make a decision on whether to sign the settlement agreement?
Answer
This can vary but best practice, and the ACAS guidance, suggests a minimum of 10 calendar days.
Are all payments under Settlement agreements tax free?
Answer
No. Normally you can receive a termination payment of up to £30,000 tax free. However, this does not apply to payments arising out of your contract such as salary, bonuses, payment in lieu of annual leave or other benefits.
What are my statutory employment rights?
Answer
a written statement of employment particulars an itemised pay statement a minimum notice period maternity, paternity or adoption leave time off for antenatal care parental leave time off for dependents the right to request flexible working arrangements not to be discriminated against because of your gender, race, disability, religion or belief, political opinion, sexual orientation or age
What Is TUPE?
Answer
TUPE or Transfer of Undertakings Regulations 2006 applies to business transfers and to changes in the provision of services so as to protect employees. Where TUPE applies employees automatically transfer from one employer to another with their terms of employment and continuity of service intact.
What protection does TUPE give?
Answer
TUPE preserves the terms and conditions of employees who are transferred to a new employer (this includes contractual terms such as salary, hours of work, leave and sick pay entitlements).
What happens if I object to a TUPE transfer?
Answer
Employees have the option of objecting to a transfer of their employment under TUPE. The effect of an employee objecting to the transfer would be that their employment would terminate on the transfer date. This would not amount to a dismissal meaning that the employee would not be entitled to a redundancy payment or be able to bring a claim for unfair dismissal.
What are employment law restrictive covenants?
Answer
Restrictive covenants are often contained in your contract of employment and are clauses designed to restrict an employee from undertaking certain activities for a period of time after their employment has ended.
What is a grant of representation?
Answer
A Grant of Representation is the document you would need to confirm your legal status and ability to deal with the Estate of someone who has died. A Grant of Representation may be required whether or not the deceased person left a Will.
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Why do you need to verify my ID?
Answer
Solicitors have a duty under money laundering regulations to verify the identity and help stop criminal activity. There are also similar obligations in respect of identity verification for the Land Registry and mortgage lenders
Why do you need to verify where my money is coming from?
Answer
Within excess of 4 billions pounds of fraud in conveyancing per year, Solicitors have to carry out anti-money laundering checks in every transaction to ensure the funds are coming from a legal and legitimate source.
What is a conveyancing chain?
Answer
A conveyancing chain is where there is more than one buyer and seller in the process of buying and selling a house. This means that the property completion is dependent on the other parties to the chain. For example, you are selling your house to someone (the buyer) and that person is also selling their house, and the person buying their house is also selling their house, and so the chain continues. All parties are connected to each other within the
What Are Disbursements?
Answer
Disbursements are payments made by your solicitor to others, such as stamp duty, land registry fees and search fees.
What are property searches?
Answer
Conveyancing property searches are essential information regarding the property you plan to buy. There are three searches that are normally arranged by the solictior on your behalf. Local Authority Searches - Information from the local council, for example if the property is affected by a planning enforcement notice. Environmental Search - To determine whether the land will be contaminated. Water Drainage Search - To ensure that your property is connected to mains water,
Do I have to have property searches?
Answer
No. It is highly recommended that searches are carried out on any potential purchase and often a requirement for obtaining a mortgage. If you are purchasing a property without a mortgage as a cash buyer, then you will have a choice on whether to conduct these searches, but may be required to sign a waiver.
Do I need a survey when buying?
Answer
It is not legally required for you to have a survey done when buying a house, however, it is advised that you have one to avoid unexpected costs or other surprises. If you are applying for a mortgage on the property, then your mortgage lender will do a valuation on the property which may also include a survey. This is because they want to ensure that the property is structurally sound and that they are not taking a risk by lending you money. The mortgage lender
When should I apply for a mortgage?
Answer
Mortgages tend to take around 18 to days from application to acceptance. We would recommend moving from an agreement in principle to a full mortgage application as soon as you have an offer accepted.
How much is Indemnity Insurance?
Answer
The price of an indemnity policy can very depending on what it is protecting you against. The one-off cost of a policy to make up for a lack of FENSA certificates for new windows is approximately £20, but policies covering missing building work certificates can cost several hundreds.
What does 'Exchange Of Contracts' mean?
Answer
Exchange of contracts means the transactions has become binding. On exchange of contracts the completion date (moving date) is confirmed. Contracts are exchanged between solicitors. You do not need to be present for us to exchange contracts.
What is a deed of separation?
Answer
A document that couples who are separating can enter into to record who is to have what and what their responsibilities are. It cannot be guaranteed to be legally binding, but if certain criteria are met it is unlikely to be upheld by the court in the event a dispute arises at a later date
How long will my transaction take?
Answer
For a sale or purchase the average time between instructing your solicitor and moving in is 10-12 weeks but transactions can only proceed as quickly as the slowest person in the chain. A remortgage or transfer of equity can take between 1 and 2 months but generally quicker if you are remortgaging with the same lender
I need to complete quickly - can you guarantee me a timescale?
Answer
In short, no, a quick sale cannot be guaranteed because it is dependent on many factors. In 2022, the average time it takes to go through the buying and selling process is 18 weeks, but this is if everything goes smoothly. Be aware that timelines can change depending on the circumstances of the buyer and the seller and that conveyancing issues can pop up and prolong the process. It can take around 4-12 weeks once the terms of the purchase/sale
What are licensed conveyancers?
Answer
Specialist lawyers known as "licensed conveyancers" were introduced in the 1980's to meet the increased housing market demand. Licensed conveyancers are qualified lawyers who deal exclusively with property law
How soon do I need to pay any money?
Answer
For each type of conveyancing transaction, you may be asked to pay a deposit on account to start the process, this will cover any initial disbursements and will offset your final balance. The balance of the price and the conveyancer's cost, as well as any additional charges, will be payable shortly before completion. If you are borrowing more than 90% of the purchase price then you may be required to pay prior to the exchange of contracts
Do I still need to pay legal costs if it all falls through?
Answer
You are responsible for all legal costs up to the point of the transaction falling through. In some of our transactions we offer peace of mind via an Abortive Matter Indemnity Fee (AMIF) at a cost of £75+VAT which covers all your legal fees. One of our team would be happy to discuss this in more detail.
What is simultaneous exchange and completion?
Answer
In a simultaneous exchange and completion, the two take place on the same day. The exchange and completion of the contract on the same day you intend to move will likely lead to some confusion because a contract does not become legally binding until it has been exchanged. As such, if you are exchanging and completing on the same day you will not have a binding contract in place until the day you are due to move in. Sometimes simultaneous exchange and completion
Can I protect the deposit I pay into the house if I'm not married?
Answer
Yes, there are ways in which you can protect your share in a property especially when you are paying in different amounts. A Declaration of Trust can protect your share if you were to separate and sell later or you can protect your share by owning the legal title in a specific way.
Are GloverPriest Solicitors regulated for conveyancing?
Answer
Yes. We are SRA Regulated and Law Society Conveyancing Quality Scheme Accredited. The CQS scheme gives customers peace of mind during property transactions and ensures the solicitors meet their strict guidelines.
Who can be my Attorney?
Answer
You can appoint anyone you trust to be your Power of Attorney as long as they are over 18, able to make decisions and not bankrupt. Usually this means a husband/wife/partner; relative; friend or solicitor. Before you choose someone you should think about whether you trust the person(s) to make decisions in your best interests; whether they would be comfortable taking decisions for you (e.g. about your medical care) and how well they manage their own finances. You can specify people who you
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If I have an accident and I'm left in a coma, can my wife access my personal bank account without a Lasting Power of Attorney?
Answer
Your wife would not automatically be able to access your finances and would have to go through the Court of Protection which would control your assets. The idea behind this court is to safeguard the assets of vulnerable people. That’s why it is so important to grant someone you trust Lasting Power of Attorney to avoid problems in the future. The Court of Protection charges to deal with your affairs and the process can be very long winded which can prevent them from making decisions that
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I’ve heard that there is more than one type of Power of Attorney, so which is best?
Answer
There are two categories of Power of Attorney: Ordinary, and Lasting which is the most usual form. Lasting Power of Attorney (LPA) must be drawn up whilst the person, known as the ‘donor’, still has the mental capacity to authorise who may make decisions on their behalf if they lose the ability to do so for themselves. In addition, there are two kinds of LPA – you can make one or both types. The Health and Welfare LPA allows decisions to be made about, for example, your
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Is Enduring Power of Attorney the same as Lasting Power of Attorney?
Answer
LPAs replaced the Enduring Power of Attorney when the Mental Capacity Act of 2005 came into effect on 1st October 2007. Whilst you can no longer make an Enduring Power of Attorney, it is valid if drawn up prior to 2007.
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How much does it cost to evict a tenant?
Answer
Wherever possible, we will try to fix our fees and will confirm the costs at the outset. Our fee for the drafting and service of a section 21 notice is £225 + VAT and for a section 8 notice is £250 + VAT. Please note that we may also be required to obtain a copy of the property register, the cost of which is £3.00.
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What if there are two tenants when evicting?
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What if I don’t have a written agreement (or I have lost the tenancy agreement)?
Answer
Although it is possible to obtain possession of a property where there is no written agreement or where the tenancy has been lost, we will need to take detailed instructions from you in order to determine the options available to you.
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Can I recover costs in possession proceedings?
Answer
You are able to obtain a Judgment for the Court fee and a nominal sum towards your legal fees, however obtaining a Judgment, does not automatically result in payment. In most cases, a Landlord’s main objective is to obtain possession of their property and any payment towards costs or rent arrears is a bonus.
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How is tenant eviction done?
Answer
The starting point is to serve the tenant with a notice requiring possession of the property, some tenants will vacate the property as per the notice. If the tenant does not vacate the property, the next step is to issue a County Court Claim for possession, this often results in the Court ordering the tenant to give up possession of the property by a certain date. In the event that the tenant fails to give up possession of the property, the final stage if needs be, is to appoint a County
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What is a Section 8 Notice?
Answer
A section 8 notice is a notice requiring possession of a property and is most often used when there is a breach of the terms of the tenancy agreement, such a rent arrears.
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What is a Section 21 Notice?
Answer
A section 21 notice is a notice that requires a tenant to give up possession of a property. There does not need to be any reason as to why the Landlord requires possession of the property.
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What If The Tenants Ignore A Court Order?
Answer
In the event that a tenant ignores a Court order for possession, the Landlord can make an application to the Court for a Warrant of Possession and the appointment of a County Court Bailiff to evict the tenant.
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What is a Warrant of Possession?
Answer
A Warrant of Possession is a warrant issued by the Court demanding that the tenant vacate a property, if the tenant does not leave on their own accord, a County Court Bailiff will evict the tenant.
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Can I evict a tenant myself?
Answer
In the event that you wish to obtain possession of your property, you must serve a relevant notice on your tenant and if need be, issue a claim for possession. You are not able to remove a tenant or their belongings nor are you able to change the locks.
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What is the inheritance tax threshold?
Answer
The standard inheritance tax rate is 40% of anything in your estate over the £325,000 threshold. Your estate is defined as your property, savings and other assets after any debts and funeral expenses have been deducted. Inheritance Tax is a tax on the estate the property, money and possessions of a person who’s died. Your estate is defined as your property, savings and other assets after any debts and funeral expenses have been deducted. The current Inheritance Tax threshold is
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Can I cite adultery as grounds for Divorce?
Answer
It is always difficult to cite adultery unless you can actually prove it or your partner will admit to the adultery in the proceedings. If you lived with your partner for six months after you found out about his affair you cannot give adultery as grounds for divorce unless the adultery is continuing. It is often easier to cite unreasonable behaviour giving details of the relationship as an example.
Why do I need a conveyancing solicitor?
Answer
A conveyancing solicitor handles the legal transfer of property ownership from one person to another. This is known as the conveyancing process. People instruct conveyancing solicitors when they are buying or selling a house to deal with the legalities of the transaction. The job of the conveyancer is to keep you updated on the progress of the purchase or sale and to act on your behalf throughout the conveyancing process to ensure that everything is done
What documents do I need for conveyancing?
Answer
The documents that your solicitor will ask for in the conveyancing process will be dependent on whether you are buying or selling the property. Firstly, for both parties, solicitors will ask for proof of identification which will include a passport or driving licence and proof of address. The documents needed when buying a house include proof of funds and a mortgage offer. For proof of funds, you will need to provide bank statements to show that you have the required
What should you ask a conveyancing solicitor?
Answer
When you instruct a conveyancing solicitor there are a number of questions that you should ask. Since there are many conveyancers and conveyancing solicitors around, it is important that you choose one that is right for you and that is part of a regulatory body so that you can trust them as a reliable company. Some important questions to ask include the following: How much will you charge? Is your fee a fixed fee? How much will it costs if the
What is a remortgage?
Answer
A remortgage is the process of applying for a new mortgage with a new lender for your current home. Usually, people would apply for a remortgage on their house when looking for a better interest rate than they currently have, or when a fixed-term mortgage is due to expire. A remortgage does not necessarily mean that you need to change lenders, you may find a new deal with your existing lender. Generally, when applying for a remortgage you will need to
Who can use Will to Remember?
Answer
Anybody over the age of 18 can get a Will to Remember. To access a simple Will just sign up to “Will to Remember” through Alzheimer’s Society.
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How much is a Will to Remember?
Answer
A Will to Remember is free of charge for those who need a simple Will. If your requirements are more complicated, there may be a further cost, however, we will advise you as to whether this applies to you and how much this will be.
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What is the impact of gifts in Wills for Alzheimer’s Society?
Answer
Gifts in Wills fund over 25% of Alzheimer’s Society’s work. With the generosity of its supporters, Alzheimer’s Society has been able to undergo immense research into dementia including immunology, drug repurposing, and genetics. Not only this, charitable donations have allowed Alzheimer’s Society to provide great support services for people affected by dementia
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Are gifts in a Will taxable?
Answer
Any gifts you leave in your Will for charity are free from Inheritance Tax. If 10% or more of your total estate is left to charity, this will reduce your Inheritance Tax.
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What is the difference between cohabiting and civil partnership?
Answer
A couple that is cohabiting is one that is living together without being in a civil partnership or a marriage. On the other hand, a civil partnership is a legal arrangement whereby a couple (same-sex or opposite-sex) who aren’t related enter into a registered legal union. Unlike cohabitation, a civil partnership gives the partners more legal rights and responsibilities towards each other during and when the relationship ends. However, cohabiting partners can draw up an agreement, known
What does it mean if you are in a civil partnership?
Answer
What does it mean if you are in a civil partnership? A civil partnership is a legal relationship between two people, similar to marriage. It sets out your rights and responsibilities towards each other and any children you may have. Before registration, you and your partner may choose to write down a pre-registration agreement. While the agreement is not legally binding, the court could refer to it during settlement following a breakup. A civil partnership is different from marriage
How do I choose a good conveyancer?
Answer
You must consider a few factors when selecting your conveyancer or conveyancing solicitor to ensure you've chosen a reliable, knowledgeable, and effective company. Accreditations: By checking that the company is accredited, this will give you the confidence that you're working with accurate and regulated professionals. Companies may be registered with the Quality Conveyancing Scheme, administered by the SRA (Solicitors Regulation Authority) and the CLC for licensed
Do you pay stamp duty on a buy-to-let?
Answer
Yes, you do have to pay stamp duty on a buy-to-let property if the property is worth more than £40,000, or when you buy the property, you will own more than one property. If you purchase a home or piece of land in England and Wales for more than a certain amount, the amount of Stamp Duty Land Tax (SDLT) due is at least 3% on top of the standard stamp duty fee. The fee that you pay will be dependent on your situation and the total amount your properties add up
Is a pre-nuptial agreement legally binding?
Answer
Pre-nuptial agreements or Prenups are not legally binding in the UK. A prenuptial agreement (prenup), is a legal document that is made before two people get married which lays out their intentions in terms of how their assets should be split in the case of a divorce. Although prenups are not technically legally binding, it has been found through case law that courts are accepting prenups more and more as the intentions of the parties involved when they entered into the
Who pays for a divorce in the UK?
Answer
Each person will pay for their own legal representation in divorce proceedings in the UK. As for the divorce court fee, the person who petitioned for divorce will need to pay this. If a joint application was made for no-fault divorce, then the person named as “applicant 1” is responsible for the court fee. It is up to you whether you want to have legal representation during your divorce proceedings. Whilst it is not mandatory, it provides many with peace of
Is parental responsibility the same as custody?
Answer
Parental responsibility is not the same as child custody. Parental responsibility is where a parent has a legal duty and responsibility for a child. This includes caring for them, and making decisions about their upbringing, health and educational needs. All mothers have parental responsibility but not all fathers do. A father that is married to the mother at the time of birth or is named on the birth certificate has legal parental responsibility. On the other hand, child
At what age can a child say they don't want to see a parent UK?
Answer
There is no set age in the law that confirms exactly when a child can decide they don’t want to see a parent. However, a child can legally decide who they want to live with at the age of 16. The law is a little complex when it comes to children deciding not to have contact with a parent, but generally speaking, the court will judge this on a case-by-case basis. Depending on the age of the child, the court will seek to understand what the child wants so that they feel
Is buying a house outright a good idea?
Answer
Whether buying a house outright is a good idea depends on your personal situation and your long-term investment objectives. There are pros and cons to buying a house outright. For instance, buying a house outright means that you will not need a mortgage, which means that you won’t need to worry about monthly repayments, and often the sale of the house can go through quickly as you will not need to apply for a mortgage. Similarly, with a mortgage, you cannot predict how the
What does it mean if you are a beneficiary?
Answer
A beneficiary of a Will is simply someone who will benefit from the proceeds of the Will. When someone makes a Will, they will name beneficiaries who they want to benefit from it. Even if someone does not make a Will and the Rules of Intestacy apply and these will lay out who the beneficiaries should be according to the law. When someone dies and you are the beneficiary, this means that you will receive part of their estate which can include assets, savings,
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Can I recover interest from my debtor?
Answer
You can charge interest on an outstanding debt either in accordance with your contract or at the statutory rate. If you do not have a contractual rate of interest, the Late Payment of Commercial Debts (Interest) Act 1998 provides the basis upon which interest can be charged. The Late Payment of Commercial Debts (Interest) Act 1998 relates to business debts only and allows you to charge interest at 8% above the Bank of England base rate. If your debtor is an individual, the County
How Easy Is It to Update a Will?
Answer
It depends on whether you want to make small changes or completely change your original Will. If you want to change the contents of your Will completely, you will probably have to write a new one and discard the original Will by physically destroying it. If you want to make new changes, but your original Will has already been signed and witnessed, you will have to make an official alteration called a codicil. A codicil is a document that allows you to amend your
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What happens when a party does not pay me monies they are ordered to pay by the Court?
Answer
In default of payment of a County Court Judgement (CCJ), there are several enforcement options available to you to seek to enforce the CCJ. The most common way to enforce a Judgment debt is to instruct the High Court Enforcement Officers/County Court Bailiffs to attend the debtor’s premises and seek payment of the CCJ. Alternative enforcement options include obtaining a Third Party Debt Order, Attachments Of Earnings Order or a Charging Order.
Do I have to go to Court to recover the debt?
Answer
Pursuing County Court Proceedings to recover a debt does not necessarily mean you have to go to Court. In the majority of cases, debts are recovered without a Court Hearing. If the debtor defends the Claim, your attendance at Court may be necessary.
Can a Freeholder Refuse to Extend a Leasehold?
Answer
A freeholder may be able to refused to extend your leasehold. This depends on how long you have occupied the property. If you have occupied the property for less than 2 years, the freeholder is not legally required to grant you a lease extension. However, if you have occupied the property for more than 2 years, and there are at least 21 years remaining on the lease from when you purchased it, it is your statutory right to extend the lease under the Leasehold Reform Housing and Urban Development
How Much Does It Cost to Extend a Leasehold in the UK?
Answer
When calculating the cost to extend the lease, several factors impact the process. For example, you have to factor in the premium paid to the freeholder, the marriage value of the property, land registry fees, and your legal and valuation costs alongside those of the freeholders. When extending your lease, you are required by law to pay for your freeholder’s legal and valuation costs. You should aim to extend the lease before it hits the 80-year mark or lower as the value of the
How Long Does a Lease Extension Take?
Answer
As there are many steps involved in extending your lease, it could take anywhere from 2 to 12 months to extend your lease and a further 3 to 12 months for the lease extension to be registered at the Land Registry. There is a statutory process that influences how long the lease extension process takes. Firstly, the freeholder should receive the Section 42 notice which is a formal request to extend the lease. They will then have 21 days to request evidence to see that the leaseholder has
Can I Buy the Freehold of My Leasehold Property?
Answer
Yes, you may be able to buy the freehold of your leasehold property. Depending on whether you want to buy the freehold of your leasehold flat or house, there are different procedures. If you want to buy the freehold of a leasehold flat, then you will need to do this with other flat owners. At least half of the flat owners in the building must also agree to buying the freehold collectively. In both cases, you will need to have held the lease for at least 2 years and the original term of
Do I need a Surveyor for a Lease Extension?
Answer
If you want to extend a lease, you will need to instruct a surveyor to calculate the property’s value. A valuation is necessary to be able to extend your lease to calculate the amount payable to the freeholder. The surveyor should be registered with the Association of Leasehold Enfranchisement Practitioners (ALEP) and the Royal Institution of Chartered Surveyors (RICS).
Can a Power of Attorney be a Beneficiary in a Will?
Answer
A power of attorney gives another person the legal authority to make decisions about your money and property on your behalf, either for short-term situations or on a long-term basis. You can choose anyone to be your attorney and you can even appoint more than one person. The only requirement is that they are 18 years or older and have the mental capacity to make their own decisions. A beneficiary is a person named in your Will to whom you have chosen to inherit assets once you pass
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Can I Challenge a Power of Attorney?
Answer
You can challenge a lasting power of attorney (LPA) in several ways depending on who you are and the reason behind your objection. If you are the donor and object to the registration of your attorney, you can fill out the LPA006 form. You can also object based on a ‘factual objection’ or on ‘prescribed grounds’. When making these objections, you may need to provide evidence to support your claims. Factual objections cover
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What is an Ordinary Power of Attorney?
Answer
An Ordinary Power of Attorney is a legal document that allows you to appoint someone to act on your behalf for financial decisions. You can allow more than one person to be your attorney, but it will only be valid while you have the mental capacity to make your own decisions. For example, you can set up an Ordinary Power of Attorney when you are unable to make decisions about financial matters such as those regarding your bank accounts or investment, perhaps because you are in the
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What are matrimonial assets?
Answer
Matrimonial assets or marital assets refer to any assets you and your spouse acquired throughout your marriage. Examples of matrimonial assets include things like your family home, pensions, savings, and investments or businesses that you have set up together. According to the law, any assets you accumulate during your marriage belong to your spouse too, so if you are paying into a pension, for example, your spouse is entitled to a share of it. Assets you acquired while you
Why do you need to verify where my money is coming from for a house purchase?
Answer
Solicitors need to verify where your money is coming from because it is an essential aspect of client due diligence. They do this to ensure that your money does not come from any criminal activities and that you are not using the firm as a vehicle to clean that money for instance. For example, if you purchase a house, a conveyancer has to comply with anti-money laundering regulations and verify where the funds you are using to buy the property are coming from. To do that, they must
Do I Need a Solicitor to Buy My Freehold?
Answer
Yes, you do need a solicitor when buying your freehold, as there are specific legal processes that need to be followed and legal documentation to be handled. The process of buying a freehold is lengthy and involves several legal documents, so hiring a solicitor will make the process easier. When looking for a solicitor, you should aim to contact a few firms to find the one most suitable. A solicitor will help you through the formal procedure, as there are several steps that are taken when
Can I make a will for free?
Answer
You can write your Will yourself and for free, however, it is best to gain advice if your estate is complex. In this case, you may need a solicitor. Even when creating a simple Will, you might make some mistakes that could invalidate your Will. This means that your beneficiaries may not be able to inherit from it or the Will can be easily contested in the future. So having a solicitor check the Will is the best option, and for this reason, they will charge a fee. Some charities provide
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How Quickly Can You Dissolve a Civil Partnership?
Answer
When you are applying to end a civil partnership, this is called dissolution. The whole process can take up to 6 months or longer. The dissolution process cannot be done particularly quickly because there are mandatory waiting times between each stage. You can apply to dissolve a civil partnership either online or by post, with or without your civil partner’s consent. You’ll first need to complete the application form and then you can apply for a conditional order which confirms
Does Adoption Remove Parental Responsibility?
Answer
Adoption does remove parental responsibility from the child’s birth parents. Normally those with parental responsibility would have to consent to the adoption of their child, but the adoption process could proceed without their consent if the court believes that the child would be at risk if not adopted or if they are incapable of giving consent. Parental responsibility refers to the legal rights and duties that mothers and fathers have as parents. Having parental responsibility means