Category Archive: Latest News

1. Tinsdills rethinking recycling and valuing community

   December 17, 2021 12:04 pm Leave a Comment

   Leading local law firm Tinsdills Solicitors have once again demonstrated their support to the local community by donating hundreds of superfluous IT equipment to local charity, Community Recycling Consortium – Community Interest Company (CRCCIC). Not only preventing waste heading to landfill, but giving opportunity for employment, training and proceeds to people with mental health issues or physical disabilities in Staffordshire. 

   Earlier this year, much of the company’s IT equipment was upgraded to accommodate new technology driven working practises, making 94 Windows base unit terminals, keyboards, 18 computer screens plus peripherals and associated cables, surplus to requirement. Keen that their ‘waste’ didn’t go to waste, Tinsdills’ IT Services Officer, Nik Lawton put his mind to finding a value-added recycling solution.

   All the redundant IT equipment was donated to local charity CRCCIC, who recycles and refurbishes IT equipment to fund training and employment for people with mental health issues or physical disabilities. Based in Fenton, Stoke-on-Trent the charity collected the equipment, took it apart to recycle and sold components such as motherboards, memory, power units, ram and metals. They also provided fully GDPR compliant certification of the proper destruction of the Hard Drives. 

   All revenue is reinvested to the Community Interest Company which provides opportunities, confidence, training and employment for those most vulnerable in society. 

   IT Services Officer, Nik Lawton comments, “Knowing that we needed to be conscious of minimising our impact on the planet when parting with our spare equipment, we started to evaluate IT recycling options. CRCCIC stood out and we were very impressed with their community ethos. The equipment was recycled free of charge, in a secure, legal, environmentally friendly and ethical way. Not only did CRCCIC provide a great IT recycling service, they provided us with added feel-good factor, knowing we were supporting such a great initiative in our local community. We would strongly urge others to donate their redundant IT equipment and put it to good use, we know the CRCCIC will certainly value the contribution.”

   CRCCIC coordinator, Steve added, “We have supported 91 local people with various mental health issues with work experience and apprenticeships, over the last 7 years. 81 of these have moved to adult education or sustainable employment. To provide sufficient materials for our staff to work, we require around 1500 computers monthly, so we are grateful to Tinsdills and companies like them, for their ongoing donations and support.”

2. Don’t be shy! A guide for house purchasers

   December 16, 2021 12:49 pm Leave a Comment

   We have all done it, there is that moment when you step into a house and think “this is the one”. It’s that perfect mix of location, price and size that makes this house the one that you want. But there is an awful lot that happens between that first buzz and picking up the keys. 

   Despite that emotional connection, taking a step back and really looking at what you are buying is essential. The Title of this article is “don’t be shy” and that should be your guide. Visit the property as many times as you need to ensure that the property is right for you. Let’s look at what you should be looking for.

   Surveys

   Surveys are very important. There are three types of survey: a valuation (normally carried out by a Lender), a homebuyers survey and a building survey. A valuation merely ascertains the current value of the Property and is undertaken by your Lender; a homebuyers survey is a non-intrusive but comprehensive inspection of the property that highlights potential issues and provides advice on future works and repairs; and a building survey is an intrusive survey that looks at the structure of the building. It can be tempting to look at the cost of the more extensive surveys and rely on the Lenders valuation. However, especially during the pandemic, some Lenders have been using remote desktop valuations that involve no physical inspection of the property. The cost of a more comprehensive survey should be seen as an investment: serious issues can be brought to light and price reductions can be negotiated for extensive works that are required. A homebuyers or building survey can also provide a guide for future repairs and works that will be needed over time. 

   Gas and Electrical Reports  

   It is not mandatory for Sellers to provide up to date gas and electrical reports for a property and whilst it has been suggested that the Government legislate for this, there are no current proposals to do so. It may not be mandatory but always ask your solicitor to check if the seller is prepared to have these reports carried out. The boiler and the electrics at the property are essential and repairs can be costly. Any repairs highlighted by the report could either be carried out prior to exchange or a price reduction could be agreed to cover the costs. 

   Outside the Property

   Taking a good look at the outside of the Property is also vital. Take a note of any changes to the building and highlight these to your solicitor. Often sellers fail to include information about historical alterations as they were carried out before their ownership so any additional information you can provide will also be welcomed by your solicitor. Your solicitor can then check if the works were carried out with the appropriate consents. 

   Boundaries

   The fenced boundaries are also important so take a copy of the legal plan supplied by your solicitor with you to the property and check that the fenced or walled boundary matches the plan. Does the Seller use any additional land, is the property accessed via ginnel or small passageway at the rear? You can discuss any issues you found in your inspection with your solicitor. 

   Final Inspection

   During the pandemic skilled tradesman were busier than ever and sometimes those small repair jobs that would be routinely carried out by a seller have been ignored. Before you exchange contracts have a final inspection: check that the showers are all running correctly, the water pressure is adequate, and that the radiators, electrical sockets and lights are all working. Ask for the heating to be switched on before you arrive so that you can check the boiler is working correctly. Sometimes when large furniture is removed, damage can occur so make sure the plasterwork and skirting boards have not been removed or damaged. If you have concerns following your final inspection raise them with your solicitor who can make appropriate enquiries on your behalf. 

   A house purchase is a marathon not a sprint and the aim for you and your solicitor should be to try and ensure that the feeling you had when you viewed the property the first time is matched when you walk in as the owner. As for the unpacking, there is no advice we can provide there other than to get stuck in. 

3. Updating Your Will

   December 14, 2021 9:21 am Leave a Comment

   Many people are unaware that keeping their Will up to date is just as important as writing one. More often than not, Wills are written, stored in a safe place, and then forgotten about. However, if your Will does not reflect your current wishes or significant events have taken place since drafting the original Will, it may cause unnecessary contention between your loved ones following your passing.

   Even if there has been no significant change to your circumstances, we recommend that you review your Will every five years, as changes to legislation and inheritance tax may impact the effectiveness of your Will. It is even more important to review your Will following any significant change in circumstance for you or the people mentioned in your Will, which can include the following:

   • If your financial situation significantly changes – you may wish to increase bequests left in
     your Will or reduce the amount left to beneficiaries to reflect your change in financial position.

   • If you have more children or grandchildren – you may want to ensure that all your children
     and grandchildren are included and not just those alive at the date of when your Will was
     written.

   • Family relationship breakdown.

   • If you get married/ enter a civil partnership – it is important to be aware that this will revoke
     any existing Will, unless prepared in contemplation of marriage.

   • Divorce or dissolution of a marriage/ civil partnership – in this instance, your Will is not
     revoked; however, your ex-spouse will be treated as though they had died when your divorce
     had been finalised. It is therefore important to determine whether you have made substitute
     provisions.

   • If you sell your property or move house – If your Will makes specific provision in relation to
     your property, this will need to be updated.

   The cost of making a new Will is usually quite modest, and is money well spent to ensure your hard-earned estate goes exactly where you want it to.

   If you have any further questions or wish to update your Will, please feel free to give us a call on 01782 652300 or email lawyers@tinsdills.co.uk to book an initial appointment with a member of our Wills, Trust and Probate team.

4. The Rising Cost of Separation; New Court Fees

   November 12, 2021 10:21 am Leave a Comment

   The introduction of the Court Fees (Miscellaneous Amendments) Order 2021 came into force on 30^th September 2021, bringing with it an increase in Court fees for the first time since 2016. The new Family Court fees have risen significantly by around 8% to bring them in line with the rate of inflation. 

   Some of the following Court fees have been affected by the new price increases:

   • The Court fee payable on Divorce Proceedings has increased by just under 8% from £550.00 to £592.00. 
   • The fee payable on Application for Financial Orders, for those who are unable to agree financial terms, has also gone up by nearly 8% to £275.00. 
   • The fee to apply for a Child Arrangements Order (residence or contact) has increased by 6% to £232.00.
     

   A full list of Court fee increases can be found here The Court Fees (Miscellaneous Amendments) Order 2021

   On a positive note, Applications for Injunctions to protect victims of domestic abuse or harassment will not attract a fee.

   Applicants in receipt of certain benefits may also be exempt from payment of Court fees, and those in receipt of low incomes should be able to apply for fees to be reduced. 

   Most family disputes can be resolved without the need of Court intervention, with exception to Divorce, which requires court proceedings to be sought and unfortunately can attract a hefty fee unless you are entitled to a means tested reduction.  

   At Tinsdills our experienced Family Law team can advise on how to resolve a variety of family disputes without the need to pursue Court Proceedings, and when Court Proceedings are necessary, our team have a wealth of experience in guiding our clients through every step of the process. 

   To find out more, get in touch to book an initial consultation with one of our friendly Family Law Solicitors. 

5. Pet Nups: What are they and how will my pets be dealt with upon separation or divorce?

   October 28, 2021 8:59 am Leave a Comment

   If your relationship or marriage unfortunately breaks down, aside from dealing with arrangements for any children, dealing with the pets of the relationship can be one of the most difficult and emotionally challenging aspects. 59% of UK households own pets and so deciding who ‘keeps’ pets upon separation is a fairly common issue, however, it is not one that the Court likes to become involved in.

   What is the approach of the Court?

   Pets are of course a much-loved member of any family; however, they are regarded by the Court simply as a ‘personal possession’. The Court will consider who purchased the pet, or whether it was gifted, and who has taken command of the day-to-day care of the pet by way of food, insurance, vet bills etc.

   The Court will encourage separating couples to make arrangements for any pets between themselves. One party can have sole care of any pet, or it may be agreed that both parties have ‘shared care’ of a pet, with dates and times agreed for contact.

   What is a Pet Nup and do I need one?

   In order to avoid disputes as to contact and care arrangements for a pet upon separation, couples are now choosing to enter into a Pet Nup. This is an agreement between the parties, which states what will happen to any pet should they separate.

   This does not just include cats and dogs. A Pet Nup can be prepared for any animals of a relationship.

   A Pet Nup is not fully legally binding; however, it records the intentions of the parties should any dispute arise.

   Is there an alternative to a Pet Nup?

   If you and your partner are moving in together or getting married, it is likely that there are other matters to be dealt with alongside pets, such as financial matters.

   Provisions with regards to any pets could be included within a Cohabitation Agreement//Living Together Agreement or Pre-Nuptial Agreement. Having such Agreements in place would then assist in reducing any areas of dispute, should you and your partner separate. 

   Contact Us

   If you would like to discuss any aspect of Pet Nups, Pre-Nuptial Agreements or Cohabitation Agreements/Living Together Agreements, please do not hesitate to contact our family department who will be pleased to assist you.

6. Minimum Energy Efficiency Standards (‘MEES’) and Commercial Lease Negotiations

   October 25, 2021 8:34 am Leave a Comment

   Minimum energy efficiency standards (‘MEES’) were introduced by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 and will impact lease negotiations for non-domestic (commercial) private rented property across England and Wales; these regulations require commercial premises to have a minimum energy performance rating which will be demonstrated by an EPC (energy performance certificate).

   How does this impact current lease negotiations?

   Currently, the MEES regulations will only impact new lease negotiations for commercial premises as they prevent a Landlord from letting commercial premises, unless they have an EPC rating of ‘E’ or above. It is worth noting that new leases also include an existing lease which is being renewed.

   It is therefore important to consider whether there is a valid EPC in place for the premises early on in the lease negotiations as, if the EPC does not meet the required standard, energy improvement works may need to be carried out to the premises. Alternatively, if the premises meets the criteria to be considered exempt from the MEES regulations, then the exemption will also need to be registered.

   A Landlord will also need to consider the provisions of the lease in light of the regulations, for instance, how to protect the EPC rating when a Tenant is carrying out alterations, controlling the Tenant’s ability to obtain an EPC and rights of access to carry out energy improvement works in the future.

   How will MEES impact existing leases?

   It will soon be important for Landlords to consider their existing portfolio of commercial premises as from April 2023, Landlords who continue to let commercial premises below an EPC rating of ‘E’ or above will need to carry out energy improvement works.

   If you are a Landlord with a large portfolio of commercial property this could be quite an undertaking to check whether each premises has a valid EPC at the required standard, it may also be a costly exercise updating the EPCs and carrying out energy improvement works, where necessary.

   There may be some instances where the premises qualifies for an exemption from the MEES regulations, but any exemption will need to be registered.

   Who will be responsible for the cost of improvement works?

   The MEES regulations place a statutory burden on Landlords to carry out energy improvement works. However, the terms of any existing or proposed lease would need to be examined to check whether the lease passes this burden on to a Tenant.

   If you are seeking advice and further information on reviewing your Commercial Leases, we have a team of solicitors who have a wealth of experience in dealing with a variety of clients. Our proactive approach, individual skills and team ethic allow us to deliver creative solutions, seamless service and tailored advice even when the pressure is on. Get in touch to find out how our Commercial Property Team can help you.

7. Cryptocurrency and Divorce

   October 11, 2021 9:18 am Leave a Comment

   If your marriage unfortunately breaks down, you may generally be aware that assets such as property, pensions, investments and savings will need to be dealt with upon divorce.

   However, many individuals now own cryptocurrency, such as Bitcoin, and this is seen by the Court as an asset and will form part of the matrimonial ‘pot’ of finances on divorce.

   What is Cryptocurrency?

   Cryptocurrency is a form of digital currency that only exists electronically. It can be used in exchange for the purchase of goods and services. Popular examples include Bitcoin, Dogecoin and Litecoin.

   Cryptocurrency is seen by many as an investment, with 4.4% of UK adults owning cryptocurrency. This may not seem substantial; however, this figure is up more than a fifth compared to one year ago and the popularity of cryptocurrency is ever increasing, with El Salvador becoming the first country to accept Bitcoin as legal tender as of September 2021.

   It is therefore inevitable that cryptocurrency will form more of a significant part of a financial settlement on divorce in the coming years.

   How is Cryptocurrency dealt with on divorce?

   When dealing with financial matters on divorce, you and your spouse have a duty to provide full and frank financial disclosure and you must disclose everything that is relevant to your matrimonial finances. This would include any investments in cryptocurrency.

   A value of the cryptocurrency would need to be determined and this would then be taken into account and form part of any financial settlement.

   What are the difficulties in dealing with Cryptocurrency on divorce?

   There are unfortunately many difficulties at present when dealing with cryptocurrency on divorce.

   Firstly, the value of cryptocurrency is ever-changing and so it is difficult for cryptocurrency to be fairly valued within divorce matters. Property and cash savings can be easily valued and tend not to fluctuate too significantly in value. However, the value of cryptocurrency is unstable and for instance, your spouse’s investment could be worth £5,000 one day and then increase to £10,000 or decrease to £500 the next. It is therefore difficult for parties and the Court to determine a fair financial settlement when you could have a completely different financial situation from one day to the next.

   Cryptocurrency is also unregulated, and it can easily change hands if your spouse is attempting to ‘hide’ assets. If there is evidence that your spouse has attempted to conceal assets, the Court does have the power to freeze your spouse’s assets, including cryptocurrency. Forensic experts can also attempt to trace any hidden cryptocurrency and where cryptocurrency cannot be traced, but the Court are satisfied of its existence, it can be ‘added back’ into the matrimonial financial pot.

   Should your spouse not provide full and frank financial disclosure and seek to ‘hide’ assets, they will be deemed to be in contempt of Court, with possible punishment of a fine or imprisonment.

   Contact Us
   

   If you would like to discuss any aspect of divorce or financial matters, please do not hesitate to contact our family department who will be pleased to assist you.

8. A Guide To: Break Clauses

   September 8, 2021 8:50 am Leave a Comment

   It is common for a lease to include an option for one or both parties to end the lease prior to the contractual expiry date. This is known as a ‘break clause’.

   The lease will indicate whether the break clause is in favour of the landlord, the tenant, or both.   

   Typically, a break clause is exercisable by a tenant either on a fixed date specified in the lease, at any time on or after a fixed date as specified in the lease or upon a certain event occurring.

   Many break clauses also contain pre-conditions such as stating that there must be no rent arrears and that the property must be returned with vacant possession.

   Although the above may appear to be relatively straight forward, there have been a couple of recent cases which help to demonstrate that care must be taken when drafting and understanding break clauses.

   • In 2015 the High Court decision in BNP Paribas Securities Services Trust Company (Jersey) Limited V Marks & Spencer PLC confirmed that rent paid which related to a period beyond the break date did not need to be refunded to a tenant (in this case Marks & Spencer) because the lease did not contain an express provision requiring that to happen. The refund sought by Marks & Spencer, which the landlord was able to keep, was over £1.1m!
     
   • In 2011 the Court of Appeal decision in Ibrend Estates BV v NYK Logistics held that vacant possession means that the property should be empty of people and that any buyer must be able to assume and enjoy immediate and exclusive possession, occupation and control of the property. In this case NYK had retained security at the property and carried out some repair work after the break date. The court held that vacant possession had not been given. 
     

   It is important that any break clause is carefully drafted to ensure that it reflects the intentions of both the landlord and tenant. If a party wishes to exercise a break option, they must ensure that any conditions are satisfied to provide for valid notice.

   If you are a landlord or tenant and you wish to obtain advice in relation to the break clauses or any other lease terms, please contact our Commercial Property Team via our online contact form or by telephone on 01782 262031.   

9. What to do if you suffer an accident at work

   August 27, 2021 9:12 am Leave a Comment

   During the COVID-19 pandemic we saw a reduction in the number of claims brought for accidents at work.  There may well be a number of reasons for this, but the most obvious being that a lot of people were not based at their place of work during the early stages of the pandemic as they were either working from home or had been placed on furlough.

   Additionally, there is reason to believe that employees have been worried about their job security and as such have been reluctant to make a claim to their employers for an accident at work for fear of reprisals. 

   As furlough comes to an end and more people return to work, we expect the number of accident at work claims to once again increase.

   So what should you do if you are unlucky enough to suffer an accident at work? 
   

   The first thing that you should do is to let your employer know.  You would be surprised at the number of people who come to Tinsdills having suffered an accident at work and then have difficulties pursuing their claim as there is no proof that the accident happened as they never reported it to anyone.

   When you report your accident, you should make sure that your line manager fills out the Accident Report Form. You should read this to check that it is accurate and correctly sets out what has happened and you may be asked to sign this.  If you are in too much pain to properly complete the form or read it, say so and do not sign it until you feel better and can consider it properly.

   If you are too badly injured and are immediately taken to hospital, then you should call your employer once you are well enough to explain what has happened and ask to see the Accident Report Form. If you email your employer, you should keep copies and make a note of the date and time of any calls together with details of the name of the person you spoke to.

   If you are well enough, you should take photographs of the accident scene and take details of any work colleagues or other people who may have witnessed your accident.  If they are prepared to provide a short statement detailing what happened, then you should ask for this.

   Your employer may need to report your accident to the Health & Safety Executive who may interview you about your accident.  

   If you are not taken to hospital as a result of your accident, you should see your GP even if you do not think initially that your injuries are particularly serious.  They could develop and become much worse in the future and it is important that you have recorded what happens with medical professionals.

   Many employees are worried about making a claim against their employer for an accident that has occurred at work for fear of losing their job.  There are laws to protect your employment rights and these include laws to prevent you from being discriminated against, bullied or harassed or dismissed from your job.

   If you think that your employer is treating you differently because you have made a claim, you should ask them in writing for an explanation as to why they are treating you in the way that you feel is unfair and if you are not satisfied with the response that you receive from your employer, Tinsdills have employment lawyers who would be able to provide you with expert advice on these matters.

   If you want to talk through a possible accident at work claim then call Tinsdills in confidence and we will use our years of experience to help you.

10. Important changes to the Highway Code that you need to know about

    August 12, 2021 8:14 am Leave a Comment

    Did you know that the Highway Code is likely to be changed in Autumn 2021? Last year the Government ran a consultation on the proposed changes to the Highway Code between July 2020 – October 2020. They announced in July 2021 the results of that consultation and changes that will be made subject to parliamentary approval in the Autumn.
    
    The purpose of the changes is to give protection to the most vulnerable road users. The proposals will create a hierarchy of road users that ensures that those who can do the greatest harm have the greatest responsibility on the road to reduce the danger that they pose to others.
    
    This hierarchy will have pedestrians, especially vulnerable pedestrians such as the elderly and children, at the top of the pyramid, as they will be classed as those who can cause the least harm.
    
    Cyclists, horse riders, motorcyclists and cars will then follow with vans, HGV’s and buses at the bottom of the list.

    Drivers will be told to give priority to pedestrians and cyclists and told to stop for people crossing the road, even if they are not at a pelican or zebra crossing.

    Cyclists will be given priority at junctions when travelling straight ahead and are being told to ride in the centre lane to make themselves as clearly visible as possible on quiet roads or streets, but to move to the left to enable a faster vehicle to overtake them if they come up behind them.
    
    As a firm, we welcome these proposed changes. Anything that can hopefully reduce the number of accidents, especially those involving vulnerable road users, has to be worth pursuing.
    
    At Tinsdills we have seen the devastating impact of accidents involving vulnerable road users and, as a result of these changes, we will hopefully start to see less of them.