Press Releases
Article - Newsome Vaughan LLP goes from Strength to Strength.
Article - Qualification is another STEP up for Caroline.
Article - Conveyancing first for Newsome Vaughan LLP.
Consumer Remedies When Buying Goods
This checklist sets out the remedies available to consumers when buying faulty goods.
Click here for further information.
Shop Thy Neighbour
It's simple economics: The Law of Supply and Demand
Recent estimates suggest that about 5% of social homes in London are unlawfully sublet. Further, if information recently given to government is reliable, across England anything between 50,000 to 200,000 social rented homes have been unlawfully sublet.
There are profits to be made here by the tenants - with up to four times the social housing rent being charged by unlawful sub-letters. One London-based Housing Association reported the repossession of an unlawfully sublet property from one of their tenants - who had reputedly made £32,000, over three years, and bought a house in France ... where he lived on the proceeds!
With the recession, and the demand for social housing easily exceeding supply, the government has urged Social Landlords to make regular audits of their lettings and even provide telephone lines for anonymous tip-offs from other tenants. The government has even proposed offering rewards, of up to £500, to those social housing tenants who 'shop' their neighbours for unlawfully subletting their social homes.
The new guidance, drawn up for ministers by the Chartered Institute of Housing, suggests housing officers should make unannounced visits to targeted properties particularly those in sought-after locations, with two or more bedrooms or where the tenant has been paying the rent in cash.
The sub-letters have no rights or protection if the social home is then reclaimed and they can be evicted in as few as seven days.
If you would like more information or advice on the issues arising from unlawful sublets, and how to deal with them, please contact Alan Lodge on 024 7623 4205.
Long Term Solutions for the Credit Crunch
Tenancy Agreements and Problem Tenants
Newsome Vaughan LLP has the expertise to help you with a whole range of issues from renting out a property to dealing with problem tenants.
Post-Tenancy Advice
Problems with your tenants? Do you want to move into or sell on your tenanted property? If you are already a Landlord and you are experiencing problems with your tenants including rent arrears, anti-social behaviour, or you want to move back into the property to use as your own home or to sell it on, we can offer a post-tenancy service at a reasonable cost.
Our post-tenancy advice ensures that you provide a professional letting service and also protects your own interests by avoiding the common and often costly mistakes which Landlords make when wanting to evict a tenant. We can provide you with expert advice on the following issues:
- Your rights and responsibilities as Landlord and those of your Tenants
- How to deal with problem Tenants
- How to evict Tenants in the most efficient and cost effective way using the correct legal channels
Call Helen Essery in the Dispute Resolution Department on 024 7623 4227.
Energy Performance Certificates
Affecting all Buildings - Residential and Commercial
What you need to know
From 1st October 2008 sellers and landlords will be required by law to provide an Energy Performance Certificate (an "EPC") for all buildings or parts of buildings when they are either sold or rented. This applies to commercial, residential sales and lettings alike. An EPC gives prospective buyers or tenants information on the energy efficiency and carbon emissions of a building. It provides the information they need as part of their investment or business decision to buy or occupy a building.
What does this mean to you?
If you are constructing, selling or renting out a building or private dwelling you will need to make an EPC available. The EPC should be available to a prospective buyer or tenant at the earliest opportunity and no later than when a viewing is conducted or when written information is provided about the building or in any event before entering into a contract to sell or let.
An EPC is valid for 10 years and should be made available to buyers or new tenants during this period.
Newsome Vaughan can assist you with all of your EPC requirements at competitive rates. Our EPCs are carried out by fully qualified and accredited Domestic Energy Assessors (DEAs)
If you are planning to sell your property or own a private or commercial property that you want to sell, let post October 2008 you need to talk to us NOW about the Energy Performance (of Building) Regulations 2007.
Please contact Jayne Horne on 024 7623 4267 and we will be happy to help you with your requirements and any questions which you may have.
Long Term Solutions for the Credit Crunch
Tenancy Agreements and Problem Tenants
Can't sell your house in the current climate and struggling with your monthly mortgage repayments? Have you considered renting out your property?
Newsome Vaughan LLP has the expertise to help you with a whole range of issues from renting out a property to dealing with problem tenants.
Tenancy Agreements
We can draw up a tenancy agreement which suits your specific requirements. We can provide advice on the following:
- New deposit tenancy schemes introduced to protect your tenants' deposit money
- As a new Landlord from October 2008 the law requires you to provide your tenants with an Energy Performance Certificate ("EPC") before they move in which we can arrange.
Talk to us first for legal advice before your tenants move in and you can avoid any potential problems during and after the tenancy agreement ends. Getting it right from the outset protects you and your asset.
Call Jane Ball in the Property Department on 024 7623 4226.
Post-Tenancy Advice
Problems with your tenants? Do you want to move into or sell on your tenanted property? If you are already a Landlord and you are experiencing problems with your tenants including rent arrears, anti-social behaviour, or you want to move back into the property to use as your own home or to sell it on, we can offer a post-tenancy service at a reasonable cost.
Our post-tenancy advice ensures that you provide a professional letting service and also protects your own interests by avoiding the common and often costly mistakes which Landlords make when wanting to evict a tenant. We can provide you with expert advice on the following issues:
- Your rights and responsibilities as Landlord and those of your Tenants
- How to deal with problem Tenants
- How to evict Tenants in the most efficient and cost effective way using the correct legal channels
Call Helen Essery in the Dispute Resolution Department on 024 7623 4227.
Legal Updates (PDF's)
February 2011 - Promotional Blogging (PDF)
February 2011 - Brand Management (PDF)
December 2010 - Credit and Hire Agreements (PDF)
December 2010 - Damages for Interference with Property Rights (PDF)
November 2010 - Dispute Management (PDF)
November 2010 - Redundancy Selection (PDF)
October 2010 - Changes to Employment Legislation (PDF)
October 2010 - Council Tax and HMOs (PDF)
October 2010 - Checklist Administration (PDF)
September 2010 - Checklist Entrepreneurs Relief (PDF)
September 2010 - Checklist Personal Insolvency (PDF)
September 2010 - Checklist Sales Promotions (PDF)
August 2010 - Checklist Distributorship and Agency (PDF)
August 2010 - Checklist Franchising Basics for Business (PDF)
August 2010 - Checklist Online and Email Risks at Work (PDF)
Shared Ownership Leases - A Brief Guide
It is not always understood that a shared ownership lease is quite different both from a standard lease, and from the normal concept of joint ownership when a lease is owned say by a couple in equal shares.
What happens is that a Housing Association grants a lease to the tenant, usually for 99 years, on payment by the tenant of a premium and a monthly rent and service charge. The premium represents a proportion of the value of the property, say 50% of the value. The rent payable is reduced accordingly, so the rent payable would be only 50% of the full rent. The tenant usually has mortgaged the lease to a building society in order to raise the premium.
The tenant is entitled to make further payments and ultimately to "staircase" his share up to 100%, at which point he becomes a full leasehold owner. Until then, there are various restrictions on disposition etc, and the tenant technically only has an assured tenancy with a contractual right to be granted a full 99 year lease as set out above. The lease can therefore be terminated under the various grounds in the Housing Act 1988 if, say, the rent is in arrears.
The tenant occupies the property and would receive any rent due from a sub-tenant (although sub-letting is normally prohibited by the terms of the lease).
The on-going rent is payable to the Housing Association. If it is not paid then they can take possession proceedings and end the lease, which may mean that there will be no equity for the tenant and nothing for the mortgagees, who only have a mortgage over the tenant's interest, not the freehold interest of the Housing Association. Because of this the lease contains a mortgagee protection clause requiring them to receive notice of possession proceedings and guarantying them a share of the proceeds of sale.
This is only a brief introduction to shared ownership lease and is not intended as legal advice.
If you would like further information please contact Alan Lodge on 024 7623 4205.
Rights of Light
A recent High Court case has provided a warning to developers to resolve any potential rights of light issues before starting development. In this particular case, the court awarded an injunction against a developer who infringed the rights of light to a neighbouring commercial property, despite the offending development having been completed.
The decision throws into question the accepted view that it is difficult to obtain an injunction in relation to commercial buildings, particularly if the development has already been completed. You must not assume that rights of light can be bought out after the development has been completed, or that failure of potential claimants to act in a timely manner will prevent them obtaining an injunction. In this case, the injunction is likely to require alterations to the building at an estimated cost of between £1 million to £2 million.
What is a right to light?
In simple terms, a right of light entitles the owner of the property to enough light to leave the property adequately lit for all the ordinary purposes that it can be expected to be used for.
What are the remedies?
The owner of the property is generally entitled to an injunction against a person committing a wrongful act that interferes with their right to light. However, the court has discretion to award damages instead of an injunction. This is only general guidance, not legal advice.
If you have any questions please contact Alan Lodge on 024 7623 4205.
