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!

Managing an estate after the death of a loved one can be tricky to navigate. There is a simplified process of applying for probate which can be followed when an estate is regarded as an ‘excepted estate’. This blog explains what qualifies as an ‘excepted estate’ and what it means in terms of applying for probate.

What is an ‘excepted estate’?

Excepted estates are those estates in England and Wales where a full inheritance tax account is not required to be completed and submitted to HM Revenue and Customs by the personal representatives (i.e., the Executor or Administrator). It is often (but not always) the case that where there is no inheritance tax to pay, it will be excepted.

When is an estate classed as excepted?

The three main considerations for classing an estate as excepted are if: the estate is low in value, is exempt, or if the deceased was not considered domiciled in the UK.  

Low in Value Estates:

These estates must be below the Nil Rate Band threshold which is currently £325,000 or £650,000 when claiming to transfer a predeceasing spouses unused threshold. Additionally, if assets are held in one trust worth £250,000 or less, the estate will also be classed as a low value excepted estate.

Exempt Estates:

This is when all the deceased’s assets passed to a surviving spouse, civil partner or qualifying charity and the estate is worth less than £3 million.

Foreign Domiciled Estates:

Where the deceased lived permanently outside of the UK and their UK assets are worth below £150,000, their estate will be excepted.

Applying for the Grant of Representation where an estate is considered excepted:

Helpfully, where an estate is excepted, the process of applying for probate is much simpler.

Where the deceased died on or after 1 January 2022, the application can be done online via the online probate system. There are certain circumstances in which you need to apply via post using form PA1P if there is a Will or PA1A is there is no Will. For example, you will need to submit a PA1P where there is no Will and more than one person is entitled to apply for the Grant of Probate or where the original Will cannot be located, and you are applying for probate with a copy or draft Will.

If a deceased died on or before 31^st December 2021, a form IHT205 must be completed and sent to the Probate Registry in support of the application. This is the old system and is being phased out.

Conclusion

Ensuring that the estate is classified properly and understanding the requirements for applying for probate are crucial for managing an estate effectively. Consulting with legal professionals can provide invaluable guidance in these matters, ensuring compliance and easing the administrative process. Please contact our Private Client Solicitor, Lara Thomas (Lthomas@astonbond.co.uk), or one of our Private Client Paralegals, Emma Wallace (Ewallace@astonbond.co.uk) or Stacey Clark (Sclark@astonbond.co.uk) to make an appointment, should you require any assistance with the probate process or administering an estate.

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.

This article is based on an article written by Policy in Practice | https://policyinpractice.co.uk/general-election-2024-what-the-party-manifestos-tell-us-about-housing-and-local-government/

As housing continues to be a critical issue in the UK, political parties have put forwards their strategies to address the crisis. Here’s a breakdown of the key housing policies from the Conservatives, Labour, and Liberal Democrats.

Conservative Party Policies:

Ending Rough Sleeping – Focus on preventing homelessness by delivering commitments under the Local Authority Housing Fund and reviewing temporary accommodation quality.

Social Housing Reforms – Introduce “Local Connection” and “UK Connection” tests for social housing eligibility.

Anti-Social Behaviour – Implement a “three strikes and you’re out” rule for social housing landlords dealing with anti-social tenants.

Housing Developments – Aim to deliver 1.6 million well-designed homes in suitable locations.

Stamp Duty Reform – Permanently abolish Stamp Duty for homes up to £425,000 for first-time buyers, with an equity loan of up to 20% for new builds, allowing purchases with a 5% deposit.

Affordable Home Programme – Renew and continue focusing on regenerating housing estates, coupled with the Mortgage Guarantee Scheme.

Renters Reform Bill – Ensure fairness in the rental market, abolish Section 21, and strengthen eviction grounds for anti-social behaviour.

Rural Housing Initiatives – Increases affordable housing availability in rural areas, supported by rural exception sites and a dedicated Homes England Taskforce.

Labour Party Policies:

New Home Construction – Build 1.5 million new homes over the next Parliament.

Social Housing Priority – Focus on building new social rented homes, protect existing stock, review Right to Buy discounts, and increase protections for new social housing.

Abolish Section 21 – Immediately end “no-fault” evictions, protect private renters from exploitation and discrimination, and empower them to challenge rent increases.

Homelessness Strategy – Develop a cross-government strategy to end homelessness, working with Mayors and Councils.

Affordability and Standards – Make housing more affordable, expand childcare access, improve work pay, and enforce mandatory housing targets.

Social and Affordable Housing – Achieve the largest increase in social and affordable house building in a generation, ensuring new developments provide more affordable homes.

Liberal Democrat Policies:

Cross-Whitehall Homelessness Plan – Urgently publish a plan to end all forms of homelessness.

Emergency Accommodation Duty – Introduce a legal duty to provide emergency accommodation and assessments for those at risk of sleeping rough.

Shared Accommodation Rate Exemptions – Exempt certain homeless groups from this rate.

Local Authority Support – Ensure local authorities have sufficient resources to deliver the Homelessness Reduction Act and support domestic abuse survivors.

Building New Homes – Increase the annual building rate to 380,000 homes across the UK, including 150,000 social homes, through garden cities and community-led developments.

Tenant Protections – Ban no-fault evictions, make three-year tenancies the default, and create a national register of licensed landlords.

Right to Buy Powers – Give local authorities the power to end Right to Buy in their areas.

Vagrancy Act – Scrap the Vagrancy Act and end rough sleeping within the next Parliament.

Rent to Own Model – Introduce a model where rent payments progressively give tenants ownership of their social housing after 30 years.

Each party presents distinct approaches to tackling the housing crisis, focusing on increasing housing supply, protecting renters, and addressing homelessness.

With the election only a day away, voters now have the opportunity to choose the vision that aligns best with their values and needs.

As heatwaves become more frequent, it’s crucial for employers to understand their legal obligations and take proactive steps to protect their workers from the risks associated with extreme heat. Here’s a comprehensive guide on what’s expected from employers, the potential health impacts of working in the heat, and practical measures to reduce these risks.

Employer Responsibilities:

Employers must do whatever they can to protect the wellbeing of their workers, ensuring a safe work environment that is free from heat-related risks. Regular risk assessments are essential to identify and mitigate heat-related hazards, with special attention given to employees with existing health conditions that might make them more vulnerable to heat stress.

Potential Consequences of Working in the Heat:

Exposure to high temperatures can lead to serious health issues, including heat stress. Symptoms of heat stress include:

• Lack of concentration;
• Muscle cramps;
• Heat rash;
• Severe thirst;
• Fainting;
• Heat exhaustion;
• Heat stroke.

To protect workers from heat stress, employers should take the following steps:

• Control Heat Sources – Utilise fans, air conditioning, and physical barriers to minimise heat exposure.
• Modify Rate Work – Provide tools and equipment to reduce physical exertion where possible.
• Regulate Exposure – Schedule work during cooler parts of the day and provide regular rest breaks in cooler areas.
• Prevent Dehydration – Ensure cool water is readily available and encourage frequent hydration.
• Identify Vulnerable Employees – Recognise and accommodate employees at higher risk due to health conditions, medications, or other factors.

Health and Safety in the Workplace:

There is no specific maximum working temperature law, as conditions vary by workplace. However, employers must adhere to Health and Safety Regulations by maintaining comfortable temperatures and providing fresh air. Legal requirements include:

• The Workplace (Health, Safety and Welfare) Regulations mandate a reasonable indoor temperature based on activity and conditions.
• The Construction (Design and Management) Regulations require appropriate temperatures for indoor construction sites and protection from adverse weather for outdoor sites.

Employees should monitor and address complaints or illnesses related to workplace temperatures. Under the Management of Health and Safety at Work Regulations, employers must assess and control risks, including temperature. Consulting with workers on their representatives is crucial to find effective ways to manage temperature extremes. The Approved Code of Practice suggests at least 16°C (or 13°C for strenuous work).

Practical Steps for Managing Workplace Temperatures:

• Maintain reasonable temperatures
• Use local cooling solutions (e.g., fans, AC)
• Provide rest facilities and more frequent breaks
• Ensure adequate ventilation
• Position workstations away from heat sources
• Provide cold water
• Allow flexible work hours
• Remove Personal Protective Equipment (PPE) when not needed

Worker’s can help manage their comfort by adjusting clothing layers, using fans or window blinds, staying hydrated, and taking regular breaks. They should report any temperature-related issues to a manager, union, or representative.

By understanding these guidelines and proactively managing workplace temperatures, employers can ensure a safer and more comfortable environment for their workers, even during extreme weather conditions. Prioritising worker safety not only complies with legal requirements but also promotes a healthier, more productive workforce.

This article is based on an article written by STEP: Wills and Trusts | STEP

Estate planning is an essential aspect of managing one’s legacy and ensuring the well-being of loved ones after passing. The primary instruments in this process, Wills and Trusts, are meant to provide peace of mind by clearly outlining the distribution of assets. However, the rise of unqualified advisors in the estate planning sector is becoming a problem and sometimes leading to severe financial and emotional repercussions for grieving families.

The Growing Concern

The Society of Trust and Estate Practitioners (STEP) has long been aware of the dangers posed by unqualified advisors. These individuals and firms, lacking the necessary specialist skills and knowledge, are unregulated and can, at times, lead to them taking advantage of their clients. The fallout from their inadequate advice can be devastating, with families facing unexpected legal fees and tax bills due to poorly crafted Wills.

Alarming Statistics

A recent survey conducted by STEP among its UK members in May 2023 reveals the extent of the problem. The findings are alarming:

• 79% of respondents reported encountering Wills with errors.
• Over half (54%) expressed concerns about rogue firms making false claims that lead to increased tax liabilities.
• 63% of respondents had seen cases where a will writing company quoted an initial fee but then charged additional, hidden costs.
• 54% of those surveyed came across firms making false claims about the benefits of the wills they were selling.

The data indicates a widespread issue, where clients can be misled and can end up with documents that do not serve their intended purpose. One particularly troubling aspect is the misrepresentation of Trusts as a means to avoid care home fees. Advisors have wrongly told clients that transferring their home and assets into a trust or gifting them during their lifetime would protect these assets from being assessed for care home costs. This advice is not only incorrect but also constitutes a deliberate deprivation of assets, which can have serious legal implications.

Real-World Impact

The consequences of such poor advice can be devastating. Families, already dealing with the emotional toll of losing a loved one, find themselves facing financial chaos. Substantial portions of estates are unnecessarily spent on legal fees or taxes, diminishing the intended inheritance. Furthermore, the false sense of security provided by unqualified advisors means that families might discover too late that their assets are not protected as they believed.

The Call for Qualified Advice

Given these findings, the importance of seeking qualified, competent advice for estate planning cannot be overstated. Clients must ensure that their advisors possess the necessary expertise and credentials. Qualified solicitors and STEP members, for instance, are subject to rigorous training and adherence to professional standards, offering a level of assurance that the advice given will be sound and, in the clients’, best interests.

Conclusion

Estate planning is too critical a task to leave in the hands of unqualified advisors. The repercussions of bad advice can last for generations, affecting not only the financial stability of families but also their emotional well-being. It is highly advisable for individuals to seek out qualified professionals who can provide reliable guidance and ensure that their estate plans fulfil their intended purpose. By doing so, they can truly achieve peace of mind and protect their legacy for their loved ones.

Please get in touch if you need by contacting our Private Client Solicitor, Lara Thomas at lthomas@astonbond.co.uk or our Private Client Paralegal, Emma Wallace at ewallace@astonbond.co.uk.