Conveyancing forms updated

Posted on by Laaibah Bhatti

An updated fourth version of the LPE1 (Leasehold Property Enquiries) form has gone live. The changes are said to make the conveyancing process more efficient.

The lease coincides with a change in lender policies to enable them to lend on properties in remediation schemes, or those covered by leaseholder protections.

This LPE1 form includes a number of additional questions which cover :

  • Whether the leaseholder deed of certificate has been served on the landlord in relation to the sale of the property or remedial works required?
  • Whether a landlord’s certificate has been served?
  • Where there is any outstanding enforcement action against the landlord or accountable person (as they will become known once Part 4 of the Building Safety Act 2022 is commenced), such as outstanding enforcement notices?

Law society president Lubna Shuja stated ‘ the forms were amended as part of efforts to ensure people wanting to buy or re-mortgage flats affected by building safety issues can access mortgage finance’.

The form also includes new requests for documents covering the leaseholder deed of certificate, the landlord’s certificate, and any known enforcement action taken.

 Definitions for the ‘leaseholder deed of certificate’ and the ‘landlord’s certificate’ have been added, and an amendment has been made to the definition of a ‘right to manage company’.

The updated LPE1 forms can be downloaded from trade/representative bodies’ websites.

Shuja also stated ‘the Law Society had also taken the opportunity to make process improvements to the TA13 completion information and undertakings form. These include arrangements for the seller to hand over not just the keys, but also any equivalent electronic devices, passcodes and alarm codes’

At Aston Bond, we  hope that this new procedure works in our interest and does indeed ‘ make the conveyancing process more efficient’ as the agency has promised.

The Difference Between Unfair and Wrongful Dismissal

Posted on by Laaibah Bhatti

The variety of terms used in employment law can be confusing. When it comes to unfair and wrongful dismissal, many people are unaware of the difference. Although these terms are often used interchangeably, there are clear distinctions.

The most common misconception is that unfair dismissal and wrongful dismissal are the same thing, but this is not the case. 

Unlike unfair dismissal, wrongful dismissal focuses on a clear, contractual breach.   Most commonly it is used if, for instance, your employer has not paid you the correct amount of notice in accordance with your contract.   You also do not need a qualifying period to make a wrongful dismissal claim (unlike a basic claim of unfair dismissal which in most cases has a prerequisite of 2 years’ employment).

In many cases, employees are eligible to apply for unfair and wrongful dismissal cases in tandem.  This is one of the reasons why it is recommended to seek professional legal advice prior to issuing proceedings.

To prove unfair dismissal, you must be able to determine whether the employer has in fact behaved in a manner that is deemed legally as unfair.  Unfair dismissal claims can be more complicated and not quite as straight-forward as a wrongful dismissal claim. 

If you need some guidance on understanding the difference between unfair and wrongful dismissal, Ilinca Mardarescu (Head of Employment) at Aston Bond is happy to help!

Contact her on imardarescu@astonbond.co.uk or 01753 486 777.

How to best co-parent during a divorce

Posted on by Laaibah Bhatti

Divorce is a very difficult time for everyone involved, but it is essential that you make your decisions according to how your children are feeling so that you can co parent in a way that actively suits both yourselves and your children.  They will have all sorts of emotions, from confusion to fear to guilt. Keeping the children in the best physical and emotional health should be the parents’ paramount responsibility. But it can be hard.

Your marriage may be over, but your family is not; acting in your kids’ best interest is your most important priority. That is why we have developed a quick guide on how to ease the co-parenting process.

Don’t hinder your child’s relationship with your ex-partner

Try not to negatively discuss the divorce to your children and do not communicate negatively to your ex-partner through your child. This will affect the relationship that both you and your ex-partner have with your child. Although this may seem difficult, remember that you should always have the happiness of your children at the forefront of your mind.

Improve communication with your co-parent

Peaceful, consistent, and purposeful communication with your ex is essential to the success of co-parenting, even though it may seem impossible. Before having contact with your ex, ask yourself how your actions will affect your child, and resolve to conduct yourself with dignity. Make your child the focal point of every discussion you have with your ex-partner.

Make transitions and visitation easier

The actual move from one household to another, whether it happens every few days or just certain weekends, can be a very hard time for children. While transitions are unavoidable, there are many things you can do to help make them easier on your children.

Help children anticipate change – Remind kids they’ll be leaving for the other parent’s house a day or two before the visit.

Pack in advance – Depending on their age, help children pack their bags well before they leave so that they don’t forget anything they’ll miss. Encourage packing familiar reminders like a special stuffed toy or photograph.

Seek out the relevant support

If you continue to struggle throughout the co-parenting process, then you may need to seek out the relevant professional support for you, your ex-partner, and your children, such as counsellors, family therapy, educational and child psychologists.

If you are currently experiencing family issues or need some legal advice, then please contact us to arrange an appointment on 01753 486 777

Lasting power of Attorney- What you need to know

Posted on by Laaibah Bhatti

A power of attorney is a legal document that allows someone to make decisions for you, or act on your behalf, if you’re no longer able to or if you no longer want to make your own decisions.

Why should you have an LPA?

You can never know what the future holds and so the best way to ensure that your finances are in order is to set up an LPA with a trusted solicitor, family member, or friend appointed as your attorney. If you do not have an LPA in place should you lose mental capacity, your financial and welfare decision may be made by Social Services or your local authority without consulting your family or friends.

There are several reasons why you might need someone to make decisions for you or act on your behalf:

  • This could just be a temporary situation: for example, if you’re in hospital and need help with everyday tasks such as paying bills.
  • You may need to make longer-term plans if, for example, you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future.

An LPA for financial decisions can cover things such as:

  • buying and selling property
  • paying the mortgage
  • investing money
  • paying bills
  • arranging repairs to property.

You can restrict the types of decisions your attorney can make or let them make all decisions on your behalf.

A health LPA covers different aspects such as what decisions you would like your attorneys to make if you are not capable of making them yourself in relation to your health and welfare (for instance regarding end of life care).

You can appoint as many attorneys as you want.

There is no limit to the number of attorneys you can appoint. You can decide whether your attorneys should act “jointly”, meaning they decide everything together, or “jointly and severally” meaning they can act together or independently. Your attorneys must only make decisions that are in your best interests. They cannot make a decision that merely benefits them.

If you would like to find out more about setting up a Lasting Power of Attorney or want to instruct a solicitor to help you through the process, please contact Lara Thomas on  lthomas@astonbond.co.uk  or call our office on 01753 486 777.

Benefits of having a solicitor and why you might need one…

Posted on by Laaibah Bhatti

Going through a legal process can be complicated. Whether that is buying a house, writing a will or even working through a divorce, legal advice will help you understand the process better and do everything necessary according to the law. Finding the best solutions for families or drafting legal agreements related to large investments such as properties can be handled by your very own solicitor.

Here are some of the key benefits of using a solicitor…

  1. They are up to date with all new legal updates

Laws are constantly changing. Without the insights of a solicitor who is fully up to date with these changes, you could end up with an agreement that falls short of the requirements of the law.

2. Makes the process quicker and easier and avoids errors

Legal processes can be very complicated and if you don’t understand the terminology, or don’t fully understand your obligations, this can hold things up or even leave you at risk in the future. Having an experienced solicitor to guide you through everything will ensure that there are no errors and the whole process is much smoother, faster, and easier.

3. Years of experience from your solicitor

Solicitors spend years building up their knowledge and experience and go through extensive training so that they can make even the most complicated legal procedures seem easy and straightforward. They deal with these legal processes every single day, so they know exactly how to proceed and how to get the best results.

4. Get advice as and when you need it

A solicitor will be available whenever you require advice. Using their wealth of experience and their years of training, they can provide you with the relevant guidance to help achieve your required outcome. Legal advice is not just about getting the right paperwork in place, it is about protecting you and your family for the future, which is one of the most important reasons to use a solicitor.

Whenever you require the expert, helpful advice of a solicitor, Aston Bond would be happy to assist you, using our decades of experience across all legal matters.
If you would like to make an enquiry, call us on  +44 (0)1753 486 777

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The impact of snow – advice for employers

Posted on by Laaibah Bhatti

The snowy and icy conditions means a heavy cost to employers in staff absences. With staff arriving later than usual, or even unable to make it into the office, the accumulated loss of labour has a substantial impact on businesses.

Employers must ensure they are clear and consistent about their policy regarding staff absences due to poor weather conditions as well as ensuring that they have a duty of care towards their employees. Employers forcing employees to travel into work in dangerous conditions, under the threat of pay being deducted could be breaching a duty of care.

Have disaster recovery plans in place to ensure that key personnel are always contactable, whether remotely or not, and make provision for people who genuinely cannot make it in to work from home.

It would also be wise to make it clear what happens should children’s school close leaving working parents with no childcare.  A clear policy helps staff know what to expect and what to do in such situations. 

Ultimately, employers need to be sensible and pragmatic; it is most probably the case that employees are as frustrated by the snow as their employers! It is crucial to always put your employee’s safety first.

At Aston Bond, we understand that these harsh weather conditions could leave many employees hesitant to travel into work and places a great strain on employers. If you would like some advice and support during this colder spell then our very own employment solicitor Ilinca Mardarescu is happy to help.

Please contact her on imardarescu@astonbond.co.uk

Land registry releases a new digital service

Posted on by Laaibah Bhatti

HM Land Registry is the authoritative source of information relating to properties and land ownership. It maintains registers recording things such as who owns a piece of land or property, mortgages secured against the property, house prices, charges, easements & restrictive covenants, boundaries and rights of way.

HM Land Registry has announced its new easy to use digital registration service launches on Wednesday 30th November 2022.

These changes will affect the homepage, the digital registration service and the ability to view applications.

The department believes this will improve the user experience.

Digital applications are said to have;

  1. Newly added features such as additional save points when building applications
  2. Greater control over editing applications before submission
  3. Fee calculator for leases and transfer of part, that calculates fees due automatically.

The department says, ‘The necessary steps should be taken to understand the changes and benefits to customers to familiarise themselves with the service change and where to find the appropriate support and guidance’.

HM Land Registry has been experiencing severe delays throughout its service.  This has been the case since the pandemic and matters do not seem to be improving.  Such delays can prove problematic for a variety of reasons and certainly we at Aston Bond hope the latest changes will be aid HM Land Registry in reducing the backlog.

If you need any guidance on getting set up you can have a read on ;

HM Land Registry portal: login and guides – GOV.UK (www.gov.uk)