Compensation for failure to obtain a new tenancy

In certain circumstances, the tenant may be entitled to compensation for failing to obtain a new tenancy where they are forced to leave the premises through no fault of their own, i.e. where the landlord serves a s 25 notice or counter-notice to a s 26 request stating one or more of the grounds of opposition, namely grounds (e), (f ) or (g).

The amount of compensation is the rateable value of the holding multiplied by the ‘appropriate multiplier’ which is a figure prescribed from time to time by the Secretary of State, and at the time of writing is 1. In some cases, the tenant will be entitled to double compensation. This happens when the tenant or his predecessors in the same business have been in occupation for at least 14 years prior to the termination of the current tenancy.  

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

More protection buying online than in-store?

A majority of consumers opt to use the internet to buy goods; from cheap household items to expensive luxury items – often achieving cheaper prices than they would in-store. Plus, they have additional rights under the Distance Selling Regulations, such as a cooling off period and so on.

The rights of consumers buying online are highly protected, but, there are still businesses that thrive on unfair practices that are only established to make profits with little or no regard for consumers. So, what can a buyer do when an online seller fails to adhere to the Distance Selling Regulations or to even provide satisfactory goods?

Perhaps an aggrieved buyer may issue a County Court claim. If so, firstly the buyer will need to know who to issue proceedings against and where to serve the proceedings. This information may be difficult to obtain from a seller whose website has little or no information about the entity behind the website or the trading address (convenient for an unscrupulous seller).

Once a buyer has the details of the seller’s registered company and address, a County Court claim can be issued. The seller/defendant will have 14 days to respond to the claim. If the defendant fails to respond within 14 days, judgment in default can be entered.

Once judgment has been entered, the buyer/claimant can enforce the judgment by way of a warrant of execution to seize the defendant’s goods, which can be removed and sold. But, what happens when the bailiff informs the claimant that his or her money could not be recovered because (1) the registered address is only a postal address with no assets, or (2) the registered address of the defendant is that of a firm of accountants or solicitors? Regrettably, should this occur, the claimant, after incurring Court fees and solicitors fees, may find that he or she has effectively thrown good money after bad.

The risk of buying from an unscrupulous seller can be minimised by checking whether an online seller has disclosed all of its details online, such as its registered company number and address and so on. Searching the business name and address on a search engine may reveal reviews or articles about the business. Buying from a more established website or through established intermediary sites like Ebay or Amazon may lower the risk as they have internal dispute resolution systems in place and the sellers’ details need to be verified before an account can be set-up. Paying by credit card or by PayPal can also provide enhanced protection.

Before issuing County Court or High Court proceedings, it is advisable to consult with solicitors. Our litigation solicitors can weigh-up your prospects of successfully recovering your money from a seller and, as such, whether it is worth investing money into a Court claim.

To ascertain the prospects of success, we would first check to see whether the seller’s address is an operative address, as oppose to a postal address. Often, we instruct expert tracing agents for this purpose, who can find, for example, the trading warehouse where goods may be stored, or other assets which can be enforced against.

If there are assets to enforce a judgment against, if you have a County Court Judgment over £600 it may be advisable to transfer-up your judgment to the High Court for enforcement and instruct High Court Enforcement Officers, as opposed to County Court Bailiffs, since they normally have better recovery rates.

Dion McCarthy, Litigation & Employment Solicitor Advocate

dmccarthy@astonbond.co.uk

Foreign currency claims

When suing in English Courts for a sum of money expressed in a foreign currency, the claim form and particulars of claim must expressly state:

  • That the claim is for payment in a specified foreign currency i.e euro or US dollars.
  • Why it is for payment in that currency i.e. the claim is for payment in [euro/US dollars] because the contract so provides.
  • The sterling equivalent of the sum at the date of the claim i.e. the cross rate of [EUROS/US dollars] to the £ sterling.
  • The source of the exchange rate relied on to calculate the sterling equivalent i.e. the rates according to FT.com.

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

Does waiting in a vehicle on private land constitute parking?

Under Schedule 4 of the Protection of Freedoms Act 2012 “parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984, which states:

“parking place” means a place where vehicles, or vehicles of any class, may wait;

By virtue of this definition, it would appear that the concept of parking and waiting are the same.

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

When the pub door closes…

As the smoking ban and the fall in drinking in pubs bite, the pub chains are selling pubs not required in the future. Many are situated in areas suitable for alternative uses, subject to planning approval.

Our commercial property lawyers have experience of acting for buyers intending to use pubs for alternative uses such as for development for housing, day nurseries, restaurants, meeting rooms and take-aways. Many pubs have large car parks and good access making them perfect for other uses, subject to planning consent being obtained.

Breweries often demand a ‘quick sale’ and we are used to their deadlines and need for proactive client advice.

Finances must be in place and the VAT situation must be advised both on the price and on the stamp duty and whether reliefs can be obtained regarding the residential accommodation. Completions may be geared to other factors of the breweries such as vacant possession or the discharge of debenture and the situation regarding premises licences being transferred. Future uses and shuttering issues must also be addressed.

We have experience with all such matters and when the ‘beer runs dry’ Aston Bond can help with the new life emerging from the Old Pub.

Nick Powe, Senior Property Solicitor

npowe@astonbond.co.uk

Checklist for small builders

I act for a number of small builders – both those new to small projects and existing builders.

There are a number of points which must be addressed but which are often overlooked:

  • Plans – arrange for plans to be available as soon as possible to ensure they are Land Registry compliant.
  • Postal addresses – if new properties are to be built, get new addresses issued as soon as possible.
  • Planning and Building Regulations – ensure they are issued as soon as possible and keep all paperwork and obtain final paperwork.
  • Guarantees and certificates – obtain and keep all required papers and any specifications buyers may require.
  • Photos – take pictures as the development progresses.
  • Covenant issues – arrange insurance as early as possible.
  • Builders insurance – arrange as necessary.
  • Final works – have checked by a surveyor.

The above list is not exhaustive but ensure your commercial property solicitor has paperwork as soon as possible to ensure all papers can be dispatched to buyers at an early stage.

Nick Powe, Senior Property Solicitor

npowe@astonbond.co.uk

Budget 2013: What to expect

On the day Osborne was delivering the Budget 2013 before the House of Commons he tweeted this “Today I’ll present a Budget that tackles the economy’s problems head on helping those who want to work hard & get on delivered”. While I leave  discussions whether the budget in any way helps  to tackle economic problems the UK has been facing for the last few years to economics I aim to summarise changes in tax world (not a  full list) which might affect our clients on a daily basis;

  • Income Tax Personal Allowance will be increased to £9,440 from April 2013.
  • Additional income tax rate of 50% which applies to taxpayers earning over £150,000 per annum will be reduced to 45% for the tax year of 2013/2014.
  • Unlimited income tax relief will be capped at the greater of £50,000 or 25% of an individuals’ income. Charitable reliefs or share loss relief applying to EIS or SEIS will be exempt.
  • UK income tax on any income arising to non-resident athletes who will compete in the London Anniversary Games in 2013 or the Glasgow Commonwealth Games in 2014 will be exempt.
  • £2,000 Employer National Insurance Allowance will be introduced.
  • Statutory residence test for taxpayers will be introduced from 6 April 2013. Please see my previous blog on this matter.
  • Entrepreneur’s Relief will be extended to include gains made on shares acquired via the exercise of EMI options.
  • IHT nil rate band (£325,000) is frozen until 2017-2018.
  • Small profit rate of corporation tax will remain at 20% from April 2013. The main rate will be reduced to 21% from April 2014.
  • Annual Investment Allowance will be increased £250,000 for two years for   investments in plant and machinery made on or after 1 January 2013.
  • Annual Exempt Amount for CGT will be £11,000 in April 2014.

Tulin Kiranoglu, Solicitor, Tax Advisor

tkiranoglu@astonbond.co.uk

 

UK and Turkey, GREAT partners!”

Our Tulin Kiranoglu represented Aston Bond LLP at the “UK and Turkey, GREAT partners!” panels with the attendance of The Right Honourable Lord Mayor of the City of London, Alderman Roger Gifford in Istanbul, held by the United Kingdom Trade and Investment Turkey on 18-20 March 2013. We thank the UKTI Turkey for holding such a successful event, and thank especially Mr Sinan Akkaya and  Mrs Sernur Tatari and their colleagues for their kind invitation.

Tulin Kiranoglu, Solicitor, Tax Advisor

tkiranoglu@astonbond.co.uk

 

Investing in Turkey Opportunities in Infrastructure and Private Equity

Our Tulin Kiranoglu attended the Conference on “Investing in Turkey Opportunities in Infrastructure and Private Equity” held in London on 28 February 2013. The Speakers rightly pointed out incredible growths in many areas of Turkish economy and discussed investment opportunities in detail. Turkey has been in the process of making significant amendments to its laws effecting foreign investments and investors, in line with the European Law. Therefore, obstacles foreign investors might previously have suffered in terms of banking facilities or  legal requirements have more or less been removed by those amendments. As being dual qualified solicitor in Turkey and England and Wales, our Tulin Kiranoglu plays a key role by advising English investors in relation to Turkish law and effects of their investments in their home country and/or vice versa.

Tulin Kiranoglu, Solicitor, Tax Advisor

tkiranoglu@astonbond.co.uk

 

Charity Dinner

Aston Bond LLP attended a Charity Dinner  to support the enrichment project for Turkish speaking migrant children and their families in Enfield.

The programme  is devoted to educating mothers in how to engage better with their children… Evidence collected in Turkey regarding the MOCEP is convincing that parents can be taught both new skills and additional knowledge related to child rearing, specifically “reflective parenting skills”, and can be helped with their child’s particular developmental issues longitudinally.  The challenge here is to see whether the positive results obtained there can be repeated with the Turkish speaking groups in North London.” 

Aston Bond LLP recognises their corporate responsibility towards the community whatever background they are coming from.

Tulin Kiranoglu, Solicitor, Tax Advisor

tkiranoglu@astonbond.co.uk

 

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