Author: Riya Sekhon

Buying your first home, is an exciting journey but also one that involves a range of legal steps. Understanding the legal process can help ensure a smooth and successful purchase. Here’s a brief guide to help first-time homebuyers navigate the legal landscape.

1. Understanding the Role of a Conveyancer or Solicitor

The first step in the homebuying process is hiring a conveyancer or solicitor. They will manage all the legal aspects of buying your home, including:

• Conducting Searches: They will perform local authority searches to check for any planning applications, road schemes, or land contamination that may affect the property.
• Drafting Contracts: They prepare, and review contracts based on the agreement made at the time of the offer, to ensure everything is in order before you commit to the purchase.
• Handling Finances: They ensure that all finances are in order and carry out anti-money laundering checks. They also manage the exchange of funds, including your deposit, balance of mortgage drawdown and the balance of chattels and Indemnities required on the completion day.

2. Making an Offer and Initial Checks

Once you find a property you want to buy, you will need to make a formal offer through the Estate Agent. Following your offer being accepted, you will appoint a solicitor or conveyancer and they will carry out the initial checks to confirm the details within the Draft Contract Pack, the Title Deeds and other aspects which may impact the property you wish to purchase.

3. Mortgage and Valuation

If you need a mortgage to buy your home, obtaining a formal Mortgage Offer is crucial. This happens following an Offer in Principle and once the Underwriters have carried out their checks and the formal Offer will be sent to your solicitor or conveyancer through their online portal with the Lender. Your mortgage lender will require a valuation to ensure the property is worth the amount you are borrowing in today’s market. This valuation is different from a survey and is carried out by the Lender. The survey is a more detailed inspection of the property’s condition and is carried out through an independent surveyor and there are different levels of survey you can obtain. You should speak with your Lender in the first instance to see whether they are able to appoint a survey at the same time as their valuation and save you paying for two people to attend the property.

4. Property Surveys

It is recommended to get a property survey to assess the property’s condition and review any potential problems that might not be noticeable to a non-surveyor. There are different types of surveys available, such as a Homebuyer Report (Level 2) or a more comprehensive Building Survey (Level 3) and choosing the right one for the property is imperative.

5. Exchanging Contracts

Once all checks are complete and both your solicitor/ conveyancer and your Lender are satisfied, you will exchange contracts with the seller. This step is legally required, meaning both you and the seller are obligated to complete the sale on the agreed Completion date. You will also need to pay your deposit, usually 10% of the property price.

6. Completion and Moving In

Completion typically takes place a week after the exchange of contracts. On the completion day, the remaining balance of the property price is transferred to the seller’s solicitor, and you will receive the keys to your new home. Your solicitor will also handle the registration of the property with the Land Registry and payment of any Stamp Duty Land Tax, if applicable. In addition, any Indemnity Policies will be placed “on risk” and paid for at this stage.

7. Post-Completion Tasks

After you have moved in, there are a few final tasks to complete:

• Registering the Property: Your solicitor will register your ownership with the Land Registry.
• Paying Stamp Duty: If your property costs more than £250,000 (as of 2024), you may need to pay Stamp Duty. However, first-time buyers may qualify for a reduced rate.
• Setting Up Utilities and Council Tax: Ensure all utilities are transferred into your name and register for council tax with your Local Authority.

Buying your first home involves several legal steps, but with the right guidance and professional help, it can be a smooth process. Contact our experienced Conveyancing Solicitor Kulbir Conner (kconner@astonbond.co.uk) or Paralegal Nicola Darby (ndarby@astonbond.co.uk) to help you understand each stage of the journey and assist you in making an informed decision. Good luck with your home buying adventure and taking the first step onto the property ladder!

Being dismissed from your job can be a stressful experience, especially if you believe you were dismissed unfairly. In the UK, there are specific steps you can take to address wrongful dismissal and protect your rights. Here’s a  step by step guide on what to do if you find yourself in this situation.

1.Understand the Difference Between Wrongful and Unfair Dismissal

• Wrongful Dismissal happens when an employer breaches the terms of the employment contract. For example, if you were dismissed without the required notice period outlined in your contract.
• Unfair Dismissal refers to the fairness of the dismissal process and reasoning. If you believe your dismissal wasn’t handled fairly or the reason was undeserved, this may fall under unfair dismissal.

2.Review Your Employment Contract

• Carefully review your employment contract and any related documents, especially the clauses regarding termination, notice periods, and the reasons your employer can lawfully terminate your employment. This can help determine if your dismissal was indeed a breach of contract.

3.Request a Written Explanation

• Employers are legally required to provide a written statement if you request one and have been employed for at least two years. This can be crucial for understanding the grounds for your dismissal and can be important evidence if you decide to challenge it.

4.Gather Evidence

• Gather any evidence that supports your claim. This could include emails, messages, performance reviews, witness statements, or any documents that contradicts the reasons given for your dismissal. Keep a detailed record of all communications with your employer regarding your dismissal.

5.Raise a Grievance with your Employer

• Consider raising a grievance with your employer before taking legal action. This can allow you to outline your concerns and give your employer an opportunity to resolve the issue amicably. Ensure that you follow your company’s grievance procedure.

6.Seek Legal Advice

• Consult with an employment solicitor to get professional advice on your situation. A solicitor can help you understand your rights, can assess your case, and guide you on the best course of action.

7.Consider Mediation or Conciliation

• The Advisory, Conciliation and Arbitration Service (Acas) offers a free service called Early Conciliation, which helps resolve disputes between employees and employers without the need for a tribunal. This can help save time and reduce legal costs.

8.File a Complaint with an Employment Tribunal

• If you’re unable to resolve the dispute through mediation or direct negotiation, you might need to file a claim with an employment tribunal. You must file your claim within three months (minus one day) from the date of your dismissal. The tribunal will review your case and, if you win, you could be awarded compensation for loss of earnings and other damages.

9.Know Your Rights and Options

• You have the right to challenge a dismissal if you believe it was wrongful or unfair. Even if the outcome isn’t what you hoped for, going through the proper processes ensures your case is heard and your rights are upheld.

Facing wrongful dismissal can be discouraging, but by following these steps and seeking the right legal advice, you can navigate the process more effectively. If you believe you have been wrongfully dismissed, acting promptly and ensuring you understand your legal rights is crucial. That’s where we can help!

Please contact our Employment Solicitor Ilinca Mardarescu (imardarescu@astonbond.co.uk) to make an appointment, should you require any assistance.

In August 2024, Operation Early Dawn emerged as an emergency government plan after the riots and England’s struggle against terrorism has caused the overcrowding situation in prisons to worsen. Defendants waiting for a court appearance are held in police cells for longer, until space in prisons become available, taking a sort of one in one out approach.

Starting in Early September, to ease overcrowding, some prison sentences’ serving time before parole would be cut from 50% down to 40%. This does not apply to those convicted of terrorism, sex offences, domestic abuse, some violent cases, and those convicted over the riots.

Operation Early Dawn can have a positive impact on prisoners, transforming the approach to incarceration and rehabilitation by offering prisoners a genuine second chance. A custodial sentence isn’t always the right route for rehabilitation as it often neglects necessary support needed for offenders, such as mental health support, skill development, and community reintegration, and instead puts prisoners back in the offending cycle.

This measure will not impact ongoing trials or the ability of the police making arrests. However, many cases may be delayed, with practitioners not knowing if their clients’ cases are delayed until they arrive at court. Defendants with serious cases will be given priority, while others will be released on police bail.

It is clear that something needs to be done to address the issue of prison space.  The question is whether this will be enough?  Or indeed, whether this is the solution.  Let us know your thoughts!

Allan Reason, a high-earning City partner, successfully claimed unfair dismissal after a tribunal found that his firm, MacCarthy Tértrault, had not established a legitimate redundancy situation. Reason joined the firm in 2013 as a self-employed professional and became an income partner in 2018, specialising in domestic and international commercial litigation and arbitration. By the time of his dismissal in 2023, he was earning an annual salary of £320,000.

The firm alleged that Reason had failed to meet his billing targets for four consecutive years and argued that a redundancy situation had arisen in December 2022 due to a lack of litigation work. During an informal meeting in December 2022, Managing Partner Robert Brant suggested that Reason reduce his salary to £110,000 and lower his billable hours target from 1,400 to 460. However, the tribunal found no evidence that redundancy was discussed at this meeting.

Reason contended that the offer to reduce his salary and hours persisted until March 2023, even after the redundancy consultation began, indicating there was no real reduction in the need for litigation work. The tribunal also noted that Reason’s 2022 annual review did not highlight concerns about underbilling or a potential downturn in litigation work, undermining the firm’s justification for his dismissal.

Judge Anthony, presiding at the London Central tribunal, rejected Brant’s suggestion that Reason should have interpreted his unchanged salary as a warning of redundancy. The judge concluded that the redundancy claims only surfaced in March 2023 when the firm realised it could not reach an agreement with Reason on contract changes. The judge also emphasised that the firm’s reliance on Reason’s underbilling as the primary reason for dismissal was unconvincing, given that the issue was already known during negotiations in December 2022.

As a result, the tribunal ruled that Reason’s dismissal was unfair. A separate hearing will be scheduled to determine the appropriate remedy for Reason.

On July 12th, 2024, Aston Bond celebrated an unbelievable milestone—our 20th anniversary—in the City of Lights! Reaching this significant achievement would not have been possible without all our hard-working staff, so, in recognition of their invaluable contributions, we treated all our current team members, along with some cherished former colleagues, on an all-expenses-paid trip to Paris.

The celebration began with a day of exploring the historical sights of Paris. We visited the iconic Arc de Triomphe and Eiffel Tower. Later, we enjoyed a scenic cruise along the River Seine, taking in the city’s beautiful architecture and vibrant atmosphere. The day ended with an unforgettable evening at a rooftop bar, offering beautiful panoramic views of the Parisian skyline. It was a day filled with a shared sense of achievement and appreciation, marking two decades of success at Aston Bond.

On Tuesday, 30^th July, the House of Lords held the second reading of the Arbitration Bill, where members discussed its key objectives. The Bill seeks to amend the Arbitration Act 1996, the primary legislation governing arbitration in England, Wales, and Northern Ireland.

Arbitration is a widely-used alternative to traditional court litigation. Changes to the Act could change the balance between arbitration and litigation, influencing how disputes are resolved.

By reconsidering the legal framework for Arbitration, the Bill has the potential to improve processes. making arbitration more effective and, leading to fewer cases being litigated in court. This shift could reduce litigation costs for all parties and increase flexibility in dispute resolution.

However, any amendments that overly favour arbitration might limit access to court solutions, affecting the rights of parties who might otherwise choose litigation.

As we watch the debate on the Arbitration Bill, it’s exciting to think about how these changes could reshape the way disputes are resolved and potentially make the whole process smoother and reduce costs. Keep an eye on how this might affect your future interactions with the legal system!

The Employment (Allocation of Tips) Act will be coming into force on 1^st October 2024.

Employees can receive tips in different ways, such as directly from customers in cash, as part of their pay pack, or through a separate system for managing and distributing out tips in the workplace.

The government currently has a Code of Best Practice, to ensure that tips are handled ethically. However, the business doesn’t legally have to follow this practice. 

The new Act, however, will bring in the following changes and requirements which businesses must follow:

• Employers must pass on tips in full to workers
• Tips must be distributed in a fair and transparent manner
• Businesses where tips are left often or on a regular basis must have a tipping policy in place
• Tips must be distributed within one month following the month they were given
• Workers are entitled to request a copy of their tipping record to support a claim in an employment tribunal if they believe they have not received the tips they are due
• Employers must maintain a record of how every tip has been dealt with for three years from the date the tip was paid out
• Employers must have regard to the new statutory Code of Practice when allocating tips

The Employment (Allocation of Tips) Act 2023 ensures that all tips are passed on fully to employees and distributed in a fair, ethical way. These changes aim to encourage a more equitable environment for employees and workers alike in industries where they are often the most vulnerable. 

No doubt the public, who rely on the tips reaching the intended worker, will welcome this legislation.

On 17^th July 2024, King Charles gave a speech written by the Government as part of the “State Opening of Parliament”. The speech was made to state what the government’s legislative priorities are for Labour’s new Parliamentary period. This included 40 bills, most of which were categorised into five of Labour’s missions, which are:

Economic Stability and Growth:

• National Wealth Fund Bill – Establishes a National Wealth Fund to manage and invest for the long-term benefit of UK citizens.
• Pension Scheme Bill – Enables individuals to consolidate their pension funds.
• Planning and Infrastructure Bill – Reforms the planning system to make the process for critical infrastructure projects more efficient.
• Employment Rights Bill – Ban zero-hour contracts, and fire and rehire, and strengthen sick pay and protection for new mothers.
• English Devolution Bill – Create a more regulated framework for English devolution and expedite the devolution process in England.
• Railways Bill – Reform rail including establish GBR and allow rail contracts to be taken into public ownership at the end of contracts or if providers fail to deliver.
• Passenger Railway Services (Public Ownership) Bill – Amend rail legislation to make a public sector operation the default.
• Better Buses Bill – Reform to bus services and franchising, including enabling local control and promoting public ownership.
• Bank Resolution (Recapitalisation) Bill – Reform how the Bank of England responds to failing banking institutions.
• Arbitration Bill – Reform the laws on arbitration in England and Wales.
• Product Safety and Metrology Bill – Gives government the powers to update product regulations.
• Digital Information and Smart Data Bill – Enables new uses of data to drive growth.
• High Speed Rail (Crewe to Manchester) Bill – A hybrid bill to grow powers for building rail infrastructure between Crewe and Manchester. This was carried over from the last Parliamentary session.

Great British Energy and Clean Energy Superpower:

• Great British Energy Bill – Establishes Great British Energy, a public body responsible for owning and operate clean energy projects throughout the UK.
• Water (Special Measures) Bill – Regulate water companies to clean up UK rivers, lakes, and seas.
• The Crown Estate Bill – Reform the Crown Estate to allow it to borrow and invest more widely.
• Sustainable Aviation Fuel (Revenue Support Mechanism) Bill – Support sustainable aviation fuel production in the UK.

Secure Borders, Cracking Down on Anti-Social Behaviour and Take Back Our Streets:

• Border Security, Asylum and Immigration Bill – Enhance border security, tackle organised immigration crime, and reform the asylum system.
• Crime and Policing Bill – Improve policing, tackle anti-social behaviour, knife crime, and retail crime, and provide a stronger response to violence against women.
• Terrorism (Protection of Premises) Bill (AKA Martyn’s Law) – Introduce security requirements for certain public venues. This Bill was included in the last King’s speech but wasn’t introduced by the last government.
• Victims, Courts, and Public Protection Bill – Support victims of crimes, make the court system more efficient.

Health:

• Tabacco and Vapes Bill – Ban smoking for those born after 2008 and prevent the availability of vapes for minors.
• Mental Health Bill – Amend the Mental Health Act 1983 to improve treatment for mental health.

Break Down the Barriers to Opportunity:

• Children’s Wellbeing Bill – Improve children’s wellbeing including a requirement for free breakfast clubs in every primary school.
• Skills England Bill – Establish Skills England, a public body to improve skills needed in the workforce.
• Renters’ Rights Bill – Reform the rental market, including abolishing ‘no-fault’ evictions.
• Football Governance Bill – Establish independent football regulator

Other Bills Introduced:

• Hillsborough Law – Place a ‘Legal Duty of Candour’ on public servants and authorities. This requires registered professionals to act in a transparent way with people receiving care or treatment from them.
• Armed Forces Commissioner Bill – Strengthen support for members of the armed forces and their families through an Armed Forces Commissioner.
• House of Lords (Hereditary Peers) Bill – Remove the right of hereditary peers to sit in the House of Lords.
• Northern Ireland Legacy Legislation
• Cyber Security and Resilience Bill
• Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill
• Lords Spiritual (Women) Act 2015 (Extension) Bill

Sometimes, the government publishes Bills in draft form to allow for scrutiny before formal introduction into Parliament. There are four of these mentioned in the King’s speech:

• Draft Audit Reform and Corporate Governance Bill – Establish a new audit reporting and governance authority to oversee auditing.
• Draft Leasehold and Commonhold Reform Bill – Reform leaseholder rights and regulate grounds rights.
• Draft Equality (Race and Disability) Bill – legally guarantee the right to equal pay for minorities and people with disabilities. 
• Draft Conversion Practice Bill – A bill to ban conversion therapy.

King Charles’ speech outlined Labour’s legislative mission, including 40 Bills that focus on economic growth, clean energy, secure borders, health reforms, and breaking down barriers to opportunity. These Bills aim to strengthen the UK’s infrastructure and reflect a comprehensive and progressive plan for the nation’s future. Although we’re still in the early days of a Labour led Parliament, we’re excited to see which legislations officially go through and make a difference in the UK. 

Disputes between landlords and tenants are common and can arise from various issues. Understanding the mechanisms available for resolving these disputes can help both parties reach civil solutions or, if necessary, pursue legal solutions. This guide outlines the most frequent disputes and the processes for resolving them in the UK.

Common Landlord and Tenancy Disputes:

Rent Arrears – When a tenant fails to pay their rent on time

Steps to take:

• Reminder – Landlords should send a reminder to the tenant if rent is overdue
• Payment Plan – Both parties should negotiate a payment plan if the tenant is experiencing financial issues
• Section 8 Notice – Serve a Section 8 notice if the tenant owes rent for more than two months

Deposits – Disputes over the return of the tenancy deposit at the end of the tenancy

Steps to take:

• Tenancy Deposit Protection (TDP) Scheme – Tenants can raise a dispute with the relevant TDP scheme if the landlord fails to return the deposit 
• Alternative Dispute Resolution (ADR) – Utilise the free ADR service provided by the TDP scheme
• Court Action – if unresolved, take the matter to the Small Claims Court

Repairs and Maintenance – Issues regarding the landlord’s failure to carry out necessary repairs or tenants causing damage to the property

Steps to take:

• Written Notice – Tenants should notify the landlord in writing about necessary repairs
• Environmental Health – Tenants should contact the local council’s environmental health department if the landlord fails to carry out repairs
• Rent Repayment Order – Apply for a Rent Repayment Order if the property is unfit for habitation

Eviction – Conflicts over the legality and process of eviction

Steps to take:

• Section 21 Notice – For no-fault evictions, landlords must give a minimum of two months’ notice
• Section 8 Notice – For evictions due to the tenant’s breach of contract
• Court Order – Landlords must obtain a court order to legally evict a tenant

Other Ways to Resolve Disputes:

Negotiation:

• Initially, both parties should attempt to resolve the issue through direct communication. Clear, direct communication can often resolve misunderstanding and disagreements. If an agreement is reached, both parties should make sure that there is a written agreement to show this to avoid future disputes.

Mediation:

• A neutral third-party mediator can help facilitate discussions and negotiations between the landlord and tenant to reach a mutually acceptable agreement. This is often cheaper and quicker than going through court proceedings.

Alternative Dispute Resolution (ADR):

• For disputes related to deposits, the TDP scheme offers a free ADR service. This service can help resolve disagreements without going to court. Formal arbitration can also be used for other types of disputes. The decision made in arbitration is legally binding and can provide a definitive resolution.

Legal Action:

• For serious disputes, either party can escalate the matter to the County Court, however, this is often a longer and more formal process. For claims under £10,000, the Small Claims Court is an accessible option, and it’s simpler and less formal than the County Court. Landlords looking to evict tenants can also initiate possession proceedings through the court system.
•  

Legal Aid:

• Tenants may be able to qualify for legal aid based on their financial circumstances, providing them with legal representation and advice.

Whether you’re dealing with rent arrears, deposit disputes, repairs, or eviction issues, there are clear steps to take. By utilising these processes, landlords and tenants can work towards fair and civil outcomes, ensuring a smoother rental experience for all parties.