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Housing Update - August 2021

Housing Update - August 2021
We are fast approaching 1st October; the date set by the Government for residential notice periods to return to their pre-pandemic length. This date remains subject to public health advice and progress with the Roadmap, however given the progress made, it does seem likely that this reversion will go ahead. For section 8 notices citing Ground 8(a) (...
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Commercial Property Rent Arrears – What’s the latest?

Commercial Property Rent Arrears – What’s the latest?
At present, commercial property landlords are banned from taking forfeiture proceedings for rent arrears accrued during the pandemic period until 25 March 2022. The government has recently issued a policy statement indicating legislation will be forthcoming to ring-fence rent debt accrued during the pandemic.It would appear from the policy document...
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What is behind the #FreeBritney campaign?

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Recently the US conservatorship system has been brought to the forefront due to the issues surrounding the management of the finances and welfare of pop star Britney Spears. This has led to a powerful campaign on social media which is now known as the #FreeBritney campaign. This campaign has led to widespread coverage of the case and even the propo...
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Could an employee be required to have the Covid-19 vaccine?

Could an employee be required to have the Covid-19 vaccine?
As the government restrictions in relation to the COVID-19 pandemic continue to be lifted, there is much debate about how it affects people at work.In this article we look at whether an employee can be required to have the Covid-19 vaccine?  Current position It should be noted from the outset that there is currently no legislation that would r...
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Estate planning considerations for the LGBT+ community

Estate planning considerations for the LGBT+ community
Following on from Pride month, solicitor Jessica Newton looks at considerations for the LGBT+ community when making Wills and carrying out estate planning. WillsSometimes, a gift in a Will may be left to individuals identifying them by their gender, for example, a legacy to 'each of my brothers' or to 'each of my nieces'. Whether this affects the l...
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Parental responsibility considerations for the LGBT+ community

Parental responsibility considerations for the LGBT+ community
Following on from Pride month, we continue to look at how the law affects the LGBTQ+ community. In this article, Remyhs Baker looks at what parental responsibility is and the considerations for the LGBTQ+ community. Parental responsibility means all of the rights, duties, powers and responsibilities which, by law, a parent of a child has in relatio...
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Inheritance Act Claims by adult children

Inheritance Act Claims by adult children
The case of Miles v Shearer was back in the High Court in July 2021. The adult daughters of Tony Shearer sought permission to appeal the decision of the trial Judge given in April 2021 that ruled they were not entitled to any provision from their late father's estate. The daughters had brought a claim against their step-mother who had inherited the...
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Pinney Talfourd Family Solicitor Remyhs Baker appears on Family Law & Lattes podcast

Pinney Talfourd Family Solicitor Remyhs Baker appears on Family Law & Lattes podcast
Remyhs Baker, Family Team Solicitor, was recently a guest on the popular Family Law & Lattes podcast discussing Non Molestation Orders. Family Law and Lattes is a podcast for family law professionals in England and Wales looking for straightforward helpful tips or toolkits to tackle all aspects of family law - basically something you can listen...
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Government Extend Protection to Commercial Tenants

Government Extend Protection to Commercial Tenants
On 16 June 2021, the Government announced an extension of existing protection for commercial tenants. It also announced new measures to deal with the growing rent arrears on commercial properties. The existing measures that are already in place to protect commercial tenants from being evicted from commercial properties has been extended from 30 Jun...
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Inheritance Tax threshold to remain unchanged for 17 years

Inheritance Tax threshold to remain unchanged for 17 years
The current Inheritance Tax threshold was set in April 2009 and has remained unchanged since. In the 2021 Spring Budget, the Chancellor announced that this will be frozen for a further 5 years until 2026, by which point the Inheritance Tax threshold will have remained unchanged for 17 years. The current threshold is £325,000. This is known as the N...
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Kang and Another v Pattar – Construction Dispute Case

Kang and Another v Pattar – Construction Dispute Case
The recent case of Kang and Another v Pattar [2021] EWHC 1101 (Technology and Construction Court) concerned a typical construction dispute between dissatisfied homeowners and an unpaid builder. Facts of the caseAs is often the case, the homeowners argued the building work was defective and the builder argued that it was not defective, merely incomp...
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End of residential eviction ban and reduction in notice periods

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In March 2021, we covered the announcement of the Government's additional support package for residential tenants. This extended until 31st May 2021 the moratorium on enforcing possession orders and the requirement to provide 6 months' notice for residential evictions. The Government has now announced its proposed timeline for reverting t...
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What are the grounds for challenging a Will?

What are the grounds for challenging a Will?
There are several ways that the validity of a Will can be challenged. Any challenge to a Will would be by a person who stands to benefit from the deceased's estate if they succeed in their claim. For instance they may benefit under an earlier Will which would come back into existence. If there is no earlier Will a successful challenge would result ...
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Tragic death of JD Sports heir highlights the importance of taking proper legal advice

Tragic death of JD Sports heir highlights the importance of taking proper legal advice
Tom Makin was heir to the well-known JD Sports sporting goods empire prior to his tragic death. At the age of only 21 Tom was diagnosed with bone cancer, which would later claim his life. In 2019, aged just 29, Tom passed away leaving his wife, Kirsty, a widow at 34, and the couple's two young children. A year before the couple got married, Tom tra...
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Colin vs Cuthbert – the trial of the chocolate cakes

Colin vs Cuthbert – the trial of the chocolate cakes
They often say that imitation is the most sincere form of flattery, but such assurance is clearly of little comfort to high street stalwart Marks & Spencer (M&S). In the firm belief that a cake sold by discount retailer Aldi, under the name of Cuthbert the Caterpillar, imitates their own chocolatey creation, Colin the Caterpillar, M&S h...
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Digital Assets - are they covered in your Will?

Digital Assets - are they covered in your Will?
We all know the importance of dealing with our property, bank accounts, investments, and other assets in our Wills, but have you ever thought about what would happen to your online presence? What would happen to your logins for social media accounts such as Facebook, Instagram, Twitter, Google, YouTube, LinkedIn, Apple, or TikTok to name a few? Do ...
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Important employment law changes in April

Important employment law changes in April
April is a busy month for both businesses and employment lawyers. There are a number of employment law changes HR Directors and employers need to prepare for. Employment Tribunal Compensation Limit Change The limit on the amount of compensation awarded by the Employment Tribunal for unfair dismissal will increase to £89,493. The upper limit which c...
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Understanding the changes to off payroll working: IR35 what the new rules mean

Understanding the changes to off payroll working: IR35 what the new rules mean
Off payroll working rules, commonly referred to as IR35, are changing from 6th April 2021, but what does this mean for you? What is IR35?The IR35 rules originally aimed to ensure that contractors doing work for companies, and the companies themselves, paid the correct level of tax. They also sought to restrict tax avoidance through "disguised emplo...
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Workers who “sleep-in” not entitled to national minimum wage for whole shift

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The Supreme Court recently handed down its judgment in the cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersand and another (T/A Clifton House Residential Home) [2021] UKSC 8. In this landmark decision, the Court found that a worker is only entitled to the National Minimum Wage (NMW) for periods during a "sleep-in" shift when th...
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New Mediation voucher scheme launched for Family Law cases

New Mediation voucher scheme launched for Family Law cases
A new scheme has been launched to encourage more people to use mediation services in family law cases as an alternative to the family courts.  The Ministry of Justice (MoJ) has launched the Mediation Voucher Scheme which is being administered by the Family Mediation Council (FMC). Financial contributionThe scheme offers people a voucher up to ...
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