• Axminster: 01297 630700
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  • Honiton: 01404 548050

Overview

Residential Property FAQs

Can I Repay My Mortgage Early?

In short yes you can, but depending on your personal situation it doesn’t have to be a top priority. Here’s why:

With interest rates at an all-time low there is always the possibility of rates increasing. That’s why many will see the advantage in either being able to repay their mortgage early or at least make overpayments towards the mortgage debt.

If you are on a fixed rate or tracker mortgage then there may be an early redemption penalty if you pay the mortgage off completely or go beyond permitted overpayments. Check and read your mortgage agreement carefully to avoid any additional charges. 

If you have borrowed money for other purchases through loans or credit cards then consider paying these off before overpaying on your mortgage. Interest rates on loans and credit cards are commonly higher than those on mortgages so it makes sense to pay these off first.

Do I Need a Home Survey?

If you are purchasing with the aid of a mortgage a survey or valuation will be needed. If you are not then it is strongly recommended to ensure the building you’re building is sound. 

Depending on the nature of the property we would suggest three different types of survey:

Home Buyers Report – A Home Buyers Report is used by your mortgage lender to provide a value to the property, plus a rating on the buildings condition and energy efficiency. A Home Buyers Report won’t include a structural survey so older properties would need a building survey to spot any structural issues.

RICS condition report – An RICS condition report is a simpler, cheaper alternative to the Home Buyers Report and does not include a valuation. 

Building Survey – A building survey is a full structural survey and provides a detailed report on the property’s structure and condition. It goes into further detail than a Home Buyers Report and can be adapted to suit particular requirements. Building surveys are very useful for older, listed buildings or if you plan to renovate or convert the property. 

Do You Have Right to Buy?

If you are a housing tenant of a council or ex-council property you may a right to purchase it from the landlord. Plus, the length of time you have spent as a tenant could lead to a discount of up to £75,000.00. The following tenants may qualify for the scheme;

    • You are a secure tenant of a Right to Buy Landlord

    • You have been a tenant for at least 5 years

    • Your house or flat is self-contained

    • Your house or flat is your only or principal home.

A Right To Buy Landlord is generally a District, County, Borough or London Borough Council or a non-charitable Housing Association who purchased the property from the Council at the time you were a tenant.

How to Choose a Conveyancing Solicitor

When planning your next house move, one of the most important decisions to make is choosing a solicitor for the conveyancing process. 

Firstly, don’t feel that you have to use your estate agents’ in-house conveyancing service or another firm they recommend. Even if it may appear the simpler and easier option. 

Don’t make your decision purely on price either, the mistakes made or details missed by a lower quality solicitor could end up costing you a lot more than the amount you saved at the start.

Choose a local firm of solicitors instead of larger remote telephone-based firms. Here you can have the support from a local expert who is more hands and easier to reach.

How to Give Your Child a Home Loan

With banks and buildings societies lenders unwilling to lend 75% of a property’s value, taking the first step onto the property has increasingly become harder. As an alternative, parents of first-time buyers are lending or giving money to their children to use as a deposit, however there are parents’ implications must consider.

    • If the money is being lent then this should be recorded in a formal document to prevent later confusion should circumstances change, for example; separation, death or simply the parents needing the money back

    • Whether an outright gift, as an interest free loan or as an investment, there can be significant tax implications for lending money to your children

    • If two or more buyers are entering a purchase with different amounts of money, agree at the outset what proportion of a property is owned by each partner with a legally valid document.

What are Tenants Rights in a Change of Landlord? 

With residential properties, the Landlord and Tenant Act 1985 requires a new Landlord to inform Tenants of the transfer of the Landlords interest and the new Landlords name and address. The new landlord must give notice no later than the next rent payment day or if later, the date 2 months after the date of the transfer of ownership. Failure to give notice is a criminal offence and could lead to a fine on the new Landlord.

For commercial Leases, there is no Statutory obligation to inform the Tenants of a change of the Landlord, however it would be necessary to inform the tenant to avoid them paying the wrong landlord. 

What are the Pros & Cons of Shared Ownership?

Shared ownership continues to be an attractive option for many people with the price of a home now unaffordable for many. However, there are potential cons worth considering. 

Pros 

    • With shared ownership you have a lower cost of entry without the need for large deposits, once you take ownership you will pay a mixture of mortgage repayments and rent for the remaining value of the property. 

    • You have the option to buy further shares in the property (a process known as “staircasing”), you can buy up to the full 100% share of the property or continue to pay the same repayment amount. 

    • Shared ownership offers more people the chance to get on the property ladder. Plus it can be great way of living in more central urban locations, where properties commonly command higher prices. 

Cons 

    • The conveyancing process for buying a shared ownership property is more complicated than a regular mortgage-based purchase, as a result it will usually involve higher legal fees due to its complexity.

    • Although you may have a substantial share in the property, you will still be liable for 100% of the service charges for the maintenance of the building. These are often unpredictable and can rise steeply particularly in the case of blocks of flats.

    • Shared ownership is a type of tenancy rather than the home ownership you have through a traditional mortgage. So, until you have bought 100% of the properties share you are not the full owner of the property. 

What is Help to Buy?

The Help to Buy Scheme was introduced in 2013 by the UK Government as a way of stimulating new home sales. After initial success the scheme was extended in 2014 to include other properties. 

The scheme consists of an equity loan open to both first-time buyers and other home movers on new build homes worth up to £600,000.00. The help to buy scheme is not eligible on second homes and cannot be used as a “buy to let”.

With the Help to Buy Equity Loan you will need to contribute at least 5% of the property price as a deposit and the Government will give you a loan for up to 20% of the price which they will pay directly to the developer. You will therefore, need a mortgage of up to 75% to cover the remainder of the purchase price.

There is a fee for the Help to Buy Equity Loan of 1.75%, however you will not be charged this for the first five years of owning your home. It is also worth noting this fee will increase every year by using the retail price index plus 1%.

Summer 2020 Economic Update: key business tax announcements

Posted by Mark Carlisle on July 10th 2020 in All .

On 8 July 2020, the Chancellor of the Exchequer, Rishi Sunak, delivered the Summer 2020 Economic Update (update). The update...

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Guidance published on electrical safety standards in private rented sector

Posted by Brian Maxwell on June 5th 2020 in All .

The Ministry of Housing, Communities and Local Government (MHCLG) has published guidance on electrical safety standards in the private rented...

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PUBLIC RIGHTS OF WAY – COVID 19

Posted by Mark Carlisle on May 5th 2020 in AGRICULTURAL AND RURAL AFFAIRS.

PUBLIC RIGHTS OF WAY – COVID 19

There has been a significant level of discussion on social media and other media

outlets...

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How to write a will during the lockdown

Posted by Lisa De-La-Hunty on April 24th 2020 in WILLS, TRUSTS AND ESTATES.

The current coronavirus pandemic has seen an increase in people wanting to get their affairs in order.  As the seriousness of...

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Covid 19 – The effect on Landlords and Tenants – a brief overview

Posted by Mark Ollier on April 17th 2020 in SERVICES FOR BUSINESSES.

The Government has now brought the Coronavirus Act 2020 into force. This Act implements a number of temporary changes to...

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Moving House in a Health Crisis

Posted by Frances Griffiths on April 8th 2020 in MOVING HOUSE.

Many of our clients are extremely anxious about the situation relating to their home move or in the case of...

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Coronavirus/COVID 19

Posted by Mark Ollier on March 24th 2020 in All .

Coronavirus/COVID 19

Due to the latest update from the government from Tuesday 24th  March our offices will be closed.

Our teams are...

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Coronavirus Update

Posted by Mark Ollier on March 19th 2020 in All .

Coronavirus/COVID 19 - UPDATE 19th March 2020

As the coronavirus continues to develop and with the latest news that the schools...

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NFU calls for UK agriculture standards to be protected in post-Brexit trade deals

Posted by Brian Maxwell on March 2nd 2020 in AGRICULTURAL AND RURAL AFFAIRS.

On 25 February 2020, NFU President Minette Batters in the opening speech to the NFU's annual conference in Birmingham, challenged...

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The need for Electrical Safety Inspections for Landlords

Posted by Mark Ollier on February 6th 2020 in COMMERCIAL PROPERTY, MOVING HOUSE.

Changes are likely to take place in this legislation over the next few weeks but it is worthwhile restating what...

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Countryside Stewardship (England) Regulations published

Posted by Mark Carlisle on January 24th 2020 in AGRICULTURAL AND RURAL AFFAIRS.

The government published the Countryside Stewardship (England) Regulations (SI 2020/41) on 22 January 2020. The Regulations allow the Countryside Stewardship...

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Government provides update on Ash Archive initiative

Posted by Mark Carlisle on January 24th 2020 in AGRICULTURAL AND RURAL AFFAIRS.

On 17 January 2020, the government provided an update on its Ash Archive initiative. The initiative, which was aimed at...

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Government scheme funds village halls in England

Posted by Mark Carlisle on January 24th 2020 in AGRICULTURAL AND RURAL AFFAIRS.

On 20 January 2020, the government has funded £1.2 million to village halls in England for these communities to make...

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Simultaneous Deaths. Who died first?

Posted by Emma Northover on January 20th 2020 in DISPUTES AND CLAIMS.

It is an unusual situation when the order of two deaths becomes so relevant but, in the case of Scarle...

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Environment Agency deadline to upgrade or replace existing septic tanks that discharge to surface waters in England

Posted by Richard Glanville on October 28th 2019 in AGRICULTURAL AND RURAL AFFAIRS, COMMERCIAL PROPERTY, MOVING HOUSE.

Septic tanks that discharge to surface waters in England should be upgraded or replaced by 1 January 2020.

The Environment Agency...

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Gifting large sums of money

Posted by Sanjeev Harash on October 21st 2019 in MOVING HOUSE.

Giving large sums of money as a gift, whether for a young person to buy a home or to a...

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Natural England licenses 11 new badger control areas in 2019

Posted by Mark Carlisle on September 30th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

Natural England has licensed and authorised 11 new badger control areas to begin operations within High Risk and Edge areas...

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Selling a property with boundary discrepancies

Posted by Katrina Short on September 26th 2019 in MOVING HOUSE.

When selling a property, it is important to establish at the offset if the Land Registry title plan, or title...

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The Shute Festival 2019

Posted by Mark Carlisle on September 25th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

Beviss & Beckingsale are delighted to support the Shute Festival which was established in 2016 to bring inspirational speakers to this beautiful...

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Sheep farmer granted restraining order against vegan activist

Posted by Mark Carlisle on September 25th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

A sheep farmer in Devon has been granted a restraining order at Poole Magistrates' Court against a woman who describes...

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Forced to Sell the Farm – Proprietary Estoppel

Posted by Emma Northover on September 23rd 2019 in AGRICULTURAL AND RURAL AFFAIRS, DISPUTES AND CLAIMS.

The recent cases on Proprietary Estoppel have once again brought this unusual topic into the news.  In these recent cases,...

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Site of Special Scientific Interest prosecution action taken by Natural England

Posted by Mark Carlisle on August 30th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

Natural England have acted to prosecute a farmer for damage to a SSSI

The farmer had created a track, undertaken significant...

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Drones and Listed Buildings

Posted by Mark Ollier on August 23rd 2019 in MOVING HOUSE.

The Daily Telegraph reported in April 2019 that local authorities had been granted approval by the Civil Aviation Authority to...

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Concern over Rentcharges

Posted by Mark Ollier on August 22nd 2019 in MOVING HOUSE.

In modern housing estates, the use of estate rentcharges has been a popular trend over the last 2  decades. For...

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Defra publishes information about two Countryside Stewardship Grants

Posted by Brian Maxwell on August 9th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

The Department for Environment, Food and Rural Affairs (Defra) has published information about two Countryside Stewardship grants.

The facilitation fund grant...

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Environment Secretary highlights important role of farmers in stewardship of environment

Posted by Mark Carlisle on August 9th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

Secretary of State at the Department of the Environment, Food and Rural Affairs (Defra), Teresa Villiers, attended Countryfile Live on...

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Parental Responsibility: What is it, how do I get it and what are my rights?

Posted by Benitia Knowles-Wright on August 9th 2019 in FAMILY.

You may have heard ‘Parental Responsibility’ or ‘Parental Rights’ but often, when a family relationship is functioning, they are not...

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Special Guardianship Orders

Posted by Benitia Knowles-Wright on August 9th 2019 in FAMILY.

A Special Guardianship Order (SGO) is a Court Order appointing someone other than a child's parent to be there "special...

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Who is liable to the users of a public right of way?

Posted by Mark Carlisle on August 5th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

If the right of way in question is adpoted highway, then the highway authority will be responsible for its maintenance and...

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Luxury Hamper Competition Winner is Tom Palmer

Posted by Mark Carlisle on July 11th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

A huge well done to Tom Palmer from Colyford who was the winner of our competition at the recent Axe...

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Government to pay farmers in stewardship agreements by the end of July

Posted by Mark Carlisle on June 21st 2019 in AGRICULTURAL AND RURAL AFFAIRS.

On 19th June 2019, the government has confirmed that farmers and land managers in Environmental Stewardship (ES) and Countryside Stewardship...

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Investigating the Leasehold Housing Market

Posted by Mark Ollier on June 20th 2019 in MOVING HOUSE.

On the 11th June this year the Competition and Markets Authority or CMA announced an investigation into a potential breaches...

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Cap on Tenancy Deposits

Posted by Mark Ollier on June 20th 2019 in MOVING HOUSE.

Those involved in the rented sector should note that on residential tenancies, with effect from the 1st June 2019 there...

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Probate Registry delays cause more pain for families

Posted by Paul Watkins on June 14th 2019 in WILLS, TRUSTS AND ESTATES.

Bereaved families who are suffering the loss of a loved one are now having to deal with the pain of...

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Government publishes guidance on stopping harmful weeds

Posted by Mark Carlisle on June 3rd 2019 in AGRICULTURAL AND RURAL AFFAIRS.

On 20 May 2019, the Department for Environment, Food and Rural Affairs (Defra) has published guidance on stopping, disposing and...

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Natural England revokes three general licences for control of wild birds

Posted by Mark Carlisle on April 26th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

On 25 April 2019, Natural England is revoking three general licences for controlling 16 species of wild birds, following a...

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Probate fee increase – a stealth tax?

Posted by Natalie Tonkin on April 26th 2019 in POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

Labelled a “steal tax” by critics, the current flat fee of £215 (or £155 if applying through a solicitor) for...

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The Residence Nil Rate Band – Do you benefit?

Posted by Natalie Tonkin on April 26th 2019 in WILLS, TRUSTS AND ESTATES.

From 6 April 2017, the Residence Nil Rate Band (“RNRB”) is available for estates of people who leave the interest...

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GDPR – Does it apply to Executors and Trustees?

Posted by Natalie Tonkin on April 26th 2019 in WILLS, TRUSTS AND ESTATES.

The new General Data Protection Regulations (“GDPR”) were introduced on 25 May 2018 and is the most important change in...

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Interest Only Mortgages- Crunch Time!

Posted by Mark Ollier on April 17th 2019 in MOVING HOUSE.

Prior to the 2008 credit crunch interest-only mortgages were popular with borrowers who often failed to take fully into account...

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Equity Release – Bad Press?

Posted by Mark Ollier on April 17th 2019 in DISPUTES AND CLAIMS, MOVING HOUSE.

Equity Release is now receiving more scrutiny as its popularity increases. More popular than ever, 10 years ago one would...

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Notices Requiring Possession of Assured Shorthold Tenancies

Posted by Mark Ollier on April 17th 2019 in COMMERCIAL PROPERTY, DISPUTES AND CLAIMS, MOVING HOUSE.

The news that the Government is thinking of planning on heavily amending Landlord’s rights to serve Section Notices on tenants...

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Feed-in tariffs: Ofgem publishes closure guidance

Posted by Mark Carlisle on March 29th 2019 in AGRICULTURAL AND RURAL AFFAIRS.

On 21 March 2019, Ofgem published Feed-in Tariffs: Essential guide to closure of the scheme. This guidance explains Ofgem's administration...

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Noisy Neighbours?

Posted by Mark Ollier on January 10th 2019 in DISPUTES AND CLAIMS.

One or two recent cases have emphasised that legal action can be taken against neighbours where the impact of the...

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Rented Property Change of Ownership

Posted by Mark Ollier on January 10th 2019 in COMMERCIAL PROPERTY, DISPUTES AND CLAIMS, MOVING HOUSE.

Notices regarding change of ownership of rented properties - Tenants are not always aware that the identity of their Landlord...

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Resolution - First for Family Law

Posted by Zoe Gaitskell on December 21st 2018 in FAMILY.

Resolution - First for Family Law

Relationship breakdown is devastating, but it doesn't have to be a battle. There is a...

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Women & Pensions on Divorce

Posted by Zoe Gaitskell on December 20th 2018 in FAMILY.

Women & Pensions on Divorce

Reports have shown that:

  • 48% of women have no idea what happens to pensions on divorce;

  • 27% of...

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Engery Performance Certificates When Letting Residential Property

Posted by Mark Ollier on December 7th 2018 in All , MOVING HOUSE.

Energy Performance Certificates When Letting Residential Property

Landlords should by now be familiar with the requirement to have a valid Energy...

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Government under pressure to provide bridging finance for BPS payments

Posted by Mark Carlisle on November 19th 2018 in AGRICULTURAL AND RURAL AFFAIRS.

Government under pressure to provide bridging finance for BPS payments

The Rural Payments Agency (RPA) has confirmed it remains fully focused...

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Government TB strategy review

Posted by Mark Carlisle on November 19th 2018 in AGRICULTURAL AND RURAL AFFAIRS.

Government TB strategy review

The government’s 25 year bovine tuberculosis (TB) strategy, led by Sir Charles Godfray, has been published on...

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Poultry Registration Rules

Posted by Mark Carlisle on November 12th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All .

Poultry (including game birds): registration rules

The Department for Environment, Food and Rural Affairs (Defra) has published guidance for poultry including...

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Problems with Potholes?

Posted by Mark Ollier on October 30th 2018 in All , DISPUTES AND CLAIMS.

Some of us in the South West have endured the anguish of being stranded on an unlit  road in the dark...

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Asian Hornet: UK Sightings in 2018

Posted by Mark Ollier on October 24th 2018 in AGRICULTURAL AND RURAL AFFAIRS.

Asian hornet: UK sightings in 2018

The government has confirmed that there have been 13 confirmed sightings of the Asian hornet...

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How to choose a Solicitor

Posted by Mark Ollier on October 17th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All , COMMERCIAL PROPERTY, DISPUTES AND CLAIMS, FAMILY, MOVING HOUSE, POWERS OF ATTORNEY AND THE COURT OF PROTECTION, SERVICES FOR BUSINESSES, WILLS, TRUSTS AND ESTATES.

Choosing a Solicitor?

As a regular subscriber to Which magazine, I was immensely gratified to see the booklet enclosed which their...

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Tenant Farmers Association calls for further drought support

Posted by Mark Carlisle on September 10th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All .

The Tenant Farmers Association (TFA) has joined with the National Farmers Union (NFU)in challenging Defra into greater proactivity to address...

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Government prepares for no deal-Brexit with issue of 80 notices for farming

Posted by Mark Carlisle on August 29th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All .

The government is to publish a series of notes advising people and businesses how to protect themselves from the potential...

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Time for no fault divorce?

Posted by Zoe Gaitskell on August 7th 2018 in All , FAMILY.

Divorce has recently made the headlines when the Supreme Court ruled that Mrs Owens was not entitled to divorce her...

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Negotiating Commercial Leases 2

Posted by Mark Ollier on August 2nd 2018 in All , COMMERCIAL PROPERTY.

Having agreed that you want to take on new commercial premises, you need to think next about the length of...

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Dairy company fined �200,000 following conviction for health and safety breach

Posted by Mark Carlisle on August 2nd 2018 in AGRICULTURAL AND RURAL AFFAIRS, All .

On 11 July 2018, Tomlinson's Dairies Limited was fined £200,000 and ordered to pay costs of £4,267.20 to the Health...

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Review of national parks and areas of outstanding natural beauty

Posted by Mark Carlisle on July 3rd 2018 in AGRICULTURAL AND RURAL AFFAIRS, All .

The Department for Environment, Food and Rural Affairs (Defra) has announced plans for a review and potential expansion of the...

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Negotiating Commercial Leases 1

Posted by Mark Ollier on July 2nd 2018 in All , COMMERCIAL PROPERTY, SERVICES FOR BUSINESSES.

We have seen a recent trend where both Landlords and Tenants attempt to negotiate and complete new commercial leases especially...

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Rural Crime Survey

Posted by Mark Carlisle on June 12th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All .

The 2018 National Rural Crime Survey, of crime and anti-social behaviour in rural communities across England and Wales, is now...

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Landlord's Obligations to Consult with Residential Leaseholders

Posted by Mark Ollier on May 21st 2018 in All , COMMERCIAL PROPERTY.

Landlords should consult with residential leaseholders before either carrying out works above a certain value to a building, or entering...

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GDPR and the Role of Landlords and their Agents

Posted by Mark Ollier on May 21st 2018 in All , COMMERCIAL PROPERTY.

New angles to the GDPR legislation arise every week.  One of the issues affecting the property market is the role...

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Buyers Beware

Posted by Katrina Short on May 11th 2018 in All , MOVING HOUSE.

Buying a new property is a very exciting time, whether you are a first-time buyer or a seasoned house purchaser,...

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Consultation on potential ban of live exports of animals for slaughter

Posted by Mark Carlisle on May 11th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All .

The government has launched a call for evidence for a potential ban on the live export of animals for slaughter...

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Badger cull central to policy to rid England of bovine TB by 2038

Posted by Mark Carlisle on May 10th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All .

The government is committed to eradicating bovine TB and sees badger culling as central to that policy, as highlighted in...

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Attention Farmers!

Posted by Mark Carlisle on April 20th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All .

Basic Payment Scheme deadline looms

The application deadline for the Basic Payment Scheme (BPS) 2017 is midnight on 15 May 2018....

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New Japanese Knotweed (fallopia japonica) Case Causes Concern

Posted by Mark Ollier on February 13th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All , COMMERCIAL PROPERTY, MOVING HOUSE.

As you may be aware, Japanese Knotweed is an invasive species in the UK, which although superficially attractive, causes major...

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Boundary Disputes: Practical Tips

Posted by Emma Northover on January 29th 2018 in All , DISPUTES AND CLAIMS.

The excesses and expense of boundary disputes never seem too far away from our national press.  Often we scoff at...

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A Year Of Challenge For Buy To Let Landlords

Posted by Mark Ollier on October 12th 2017 in All , COMMERCIAL PROPERTY, MOVING HOUSE, SERVICES FOR BUSINESSES.

The next 12 months will be a challenging time for buy-to-let investors as tax changes take effect, the stamp duty...

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Inheritance Disputes - Your Local Experts

Posted by Emma Northover on April 7th 2017 in All , DISPUTES AND CLAIMS.

Emma Northover, a Partner in the Litigation Department, and her Senior Solicitor colleague, Stephen Fisher Crouch, are both recognised as...

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Making Proper Arrangements: LPA

Posted by Robert Mitchell on February 20th 2017 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION.

Robert Mitchell, one of Beviss & Beckinsale's Private Client Solicitors based at our Honiton Branch, has been writing about making...

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Wills which do not make reasonable provision for family members - Court Case in progress

Posted by Emma Northover on December 20th 2016 in All , DISPUTES AND CLAIMS, WILLS, TRUSTS AND ESTATES.

Wills which do not make reasonable provision for family members – Court Case in progress

This week the Supreme Court will...

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Emails � curse of the modern legal world?! � so say the Judges

Posted by Mark Ollier on December 20th 2016 in All .

Emails – curse of the modern legal world?! – so say the Judges

Judges should be able to prevent litigants in...

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Divorce rate continues its downward trend

Posted by Zoe Gaitskell on December 20th 2016 in All , FAMILY.

Divorce rate continues its downward trend

There were 111,169 divorces in England and Wales in 2014, a decrease of 3.1% compared with...

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Land, Horses & The Law

Posted by Mark Carlisle on November 15th 2016 in AGRICULTURAL AND RURAL AFFAIRS, All .

Introduction

If you are considering allowing horses onto your land it is important to seek legal and tax advice.  You should...

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Shared Ownership pros and cons.

Posted by Richard Glanville on October 20th 2016 in All , MOVING HOUSE.

Shared ownership continues to be an attractive option for many people with the price of a home now unaffordable for...

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Airbnb Type Lettings in Leasehold Properties

Posted by Mark Ollier on October 20th 2016 in All , COMMERCIAL PROPERTY, SERVICES FOR BUSINESSES.

A Tribunal case has been reported about using a residential flat for Airbnb accommodation. In this case a Lease contained...

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Banks mortgage interest in a home

Posted by Mark Ollier on July 19th 2016 in All , MOVING HOUSE.

Where a bank allowed mortgage debtors to sell their family home to pay off part of their debts and buy...

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When should a persons dying wishes be ignored?

Posted by Victoria Emmett on July 4th 2016 in All , DISPUTES AND CLAIMS, WILLS, TRUSTS AND ESTATES.

In a case that is being keenly followed by the charity sector, a disputed will has recently been sent to...

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Budget 2016 Stamp Duty Changes

Posted by Mark Ollier on March 16th 2016 in All , MOVING HOUSE.

The government first announced higher rates of stamp duty on the purchase of additional residential properties in last year’s autumn...

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Anti-social driving rules begin to bite

Posted by Mark Ollier on October 8th 2015 in All .

In what is believed to be the first conviction for “lane hogging”, a van driver was recently fined £500 and...

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Deducting Pay from Striking Teachers

Posted by Mark Ollier on October 8th 2015 in All .

In a recent judgement in the Court of Appeal, it was ruled that an employer was entitled to withhold one...

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New Government Victims Information Service

Posted by Mark Ollier on October 8th 2015 in All .

The government has launched a new information service for victims of crime.  The service will mean, for the first time,...

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Attention Landlords - New Rules regarding Assured Shorthold Tenancies

Posted by Emma Northover on October 8th 2015 in All , DISPUTES AND CLAIMS.

Some important new rules have been introduced concerning Assured Shorthold Tenancy Agreements (ASTs)for residential properties.  These rules came into force...

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The patients right to information

Posted by Emma Northover on August 12th 2015 in All , DISPUTES AND CLAIMS.

A woman recently won damages on behalf of her son for injuries sustained at his birth as a result of...

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Employer not liable for employees reckless actions

Posted by Mark Ollier on August 12th 2015 in All .

The Court of Appeal recently found that an employer was not liable for the severe injuries caused by an employee...

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Directors unable to attribute wrongdoing to company

Posted by Mark Ollier on August 12th 2015 in All .

The courts recently ruled that when the directors of a company involved it in fraudulent transactions, the company was not...

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Magistrates can impose higher fines

Posted by Mark Ollier on May 26th 2015 in All .

A new law has come into force which removes the £5,000 cap that used to limit the maximum fines magistrates...

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Make a Plea Service

Posted by Mark Ollier on May 26th 2015 in All .

A new digital service will allow people charged with minor motoring offences to make a plea online at a time...

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Good News for Second Home owners in the EU

Posted by Mark Ollier on May 26th 2015 in All , MOVING HOUSE.

UK owners of property owned in Europe can sleep a little easier tonight after two key decisions in relation to...

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Pension Tax Rule Amendments 2015

Posted by Mark Ollier on March 23rd 2015 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

A number of changes are being made to Pension Tax rules to reflect the great flexibility individuals will have to...

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Pension; Automatic Enrolment

Posted by Mark Ollier on March 23rd 2015 in All .

June 2015 is one of the dates after which firms (in this case with fewer than 50 workers) will begin...

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Judges Bemoan Working Conditions

Posted by Mark Ollier on March 23rd 2015 in All .

Almost all Judges in England and Wales believe that their working conditions have worsened over the past 5 years, the...

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New House Building Numbers Confusing

Posted by Mark Ollier on March 23rd 2015 in All , MOVING HOUSE.

The number of houses being built in the UK fell during the final 3 months of 2014, the first such...

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The Rise of Women Solicitors

Posted by Mark Ollier on March 23rd 2015 in All .

The Law Society of Ireland has announced that female Irish Solicitors now outnumber Irish male Solicitors practising in the Republic.

Our...

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Energy Act 2011

Posted by Mark Ollier on March 23rd 2015 in All , COMMERCIAL PROPERTY, SERVICES FOR BUSINESSES.

We are certain that all of our clients are now familiar with the requirement to provide an Energy Performance Certificate...

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Make Sure Your Boundaries Are Accurate

Posted by Mark Ollier on February 23rd 2015 in All , MOVING HOUSE.

We advise all of our clients who are purchasing properties to visit the property on the ground with the Land...

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Flood Risk

Posted by Mark Ollier on February 16th 2015 in All .

Heading towards the depths of winter prompts me to write on the subject of flooding. Law Society guidance highlights the...

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A new Court of Appeal decision on Landlords Repairing Obligations

Posted by Mark Ollier on February 11th 2015 in All , COMMERCIAL PROPERTY, SERVICES FOR BUSINESSES.

There is a new case on landlords repairing obligations that you need to know about.  Edwards v Kumarasamy.

Mr Edwards was...

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Access the Wills of Charles Dickens, Winston Churchill and Beatrix Potter!

Posted by Victoria Emmett on February 11th 2015 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

HM Courts & Tribunal Service have made available for public viewing 41 million wills which date back to 1858.   You...

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Property Redress Schemes for tenancies

Posted by Mark Ollier on February 9th 2015 in All , COMMERCIAL PROPERTY, MOVING HOUSE, SERVICES FOR BUSINESSES.

All letting agents and property managers need to know that from 1 October 2014, you must belong to one of...

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New Court of Appeal Decision on Tenancy Deposit Regulations

Posted by Mark Ollier on February 2nd 2015 in All , MOVING HOUSE.

If you are a Landlord of a property where you took a deposit and the tenancy went “periodic” before the...

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Tribunal Fees Put Off Claimants

Posted by Mark Ollier on January 26th 2015 in All .

More than 80% of clients seeking helping from Citizens Advice say they would be put off going to an Employment...

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Get Proper Legal Representation for Family Law Cases

Posted by Zoe Gaitskell on January 19th 2015 in All , FAMILY.

The growing volume of what are called “litigants in person” has been politically sensitive since much of Family Law was...

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Selling a Business? Beware of your Duty of Disclosure

Posted by Frances Griffiths on September 30th 2014 in All , COMMERCIAL PROPERTY, SERVICES FOR BUSINESSES.

In a case which underlines the need for both full and accurate disclosure of potential liabilities when selling a business,...

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Deeds of Variation - Varying your inheritance after death

Posted by Victoria Emmett on September 30th 2014 in All , WILLS, TRUSTS AND ESTATES.

It is not a well known fact that, beneficiaries of a will or intestacy can alter or rearrange the deceased...

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Early repayment of your mortgage? Fine if you can!

Posted by Mark Ollier on September 30th 2014 in All , MOVING HOUSE.

With interest rates still at an all time low but with the possibility of increases in interest rates likely over...

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Intestacy

Posted by Liz Heron on September 30th 2014 in All , WILLS, TRUSTS AND ESTATES.

I haven’t got a Will  – what happens when I die?

It is estimated that in the UK only one in three adults have...

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Renting commercial property

Posted by Mark Carlisle on September 30th 2014 in All , COMMERCIAL PROPERTY, SERVICES FOR BUSINESSES.

Paying for commercial premises often represents the lion’s share of operating costs for most new businesses.  Not many new businesses...

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Fixed costs for Probate Services

Posted by Victoria Emmett on September 30th 2014 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

At Beviss & Beckingsale we are always asking our clients how they feel we can improve our services and, yes,...

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Increase in DIY Probate leads to 300% increase in Estate Administration Claims

Posted by Emma Northover on September 30th 2014 in All , DISPUTES AND CLAIMS, POWERS OF ATTORNEY AND THE COURT OF PROTECTION.

There is always the temptation in life to try and save money but equally, there is the well known saying,...

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Application to Appeal IHT Relief Claim on Holiday Lettings Rejected

Posted by Victoria Emmett on May 27th 2014 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION.

The door appears to have finally slammed shut on a family’s attempt to obtain Business Property Relief (BPR) from Inheritance...

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Right to Buy

Posted by Mark Ollier on May 7th 2014 in All , MOVING HOUSE.

Do you have a Right to Buy your home and obtain a discount of up to £75,000?

The Government’s Right to...

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Court of Protection - Misuse of Powers

Posted by Emma Northover on April 24th 2014 in All , DISPUTES AND CLAIMS.

The Court of Protection is the part of the Court which is designated with the task of looking after the...

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Energy Saving Home Improvements and Building Regulations

Posted by Frances Griffiths on April 2nd 2014 in All , MOVING HOUSE.

Making improvements (particularly to improve energy efficiency) to your home can add value but in some cases failure to obtain...

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Pre Nuptial Agreements

Posted by Zoe Gaitskell on April 2nd 2014 in All , FAMILY.

A pre-nuptial agreement is a contract entered into between two people prior to their marriage confirming how their assets will...

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Attorney's Duties

Posted by Liz Heron on April 2nd 2014 in All , WILLS, TRUSTS AND ESTATES.

We are often asked to prepare Lasting Powers of Attorney on behalf of clients.  However, it can also be a daunting...

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Piercing the Corporate Veil

Posted by Zoe Gaitskell on February 12th 2014 in All , FAMILY.

It is a fundamental principle of company law that a company has a separate legal personality from its members.  People therefore...

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Does your Commercial Lease have a Break Clause

Posted by Mark Carlisle on February 12th 2014 in All , COMMERCIAL PROPERTY.

What is a Break Clause?

A break clause allows either a Landlord or a Tenant (normally the Tenant) to bring a...

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Inheritance Tax

Posted by Victoria Emmett on February 12th 2014 in All , WILLS, TRUSTS AND ESTATES.

It is reported that there has been an increase in the number of families facing an inheritance tax bill on...

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Rectification of a Will

Posted by Victoria Emmett on February 12th 2014 in All , WILLS, TRUSTS AND ESTATES.

The England & Wales Court of Appeal has ordered that a clerical error in the signing of Wills by a...

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Deception invalidates Planning Application

Posted by Mark Ollier on February 12th 2014 in All .

An application for change of use of a property from agricultural to residential was recently turned down because the applicant...

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Charitable Giving

Posted by Liz Heron on December 18th 2013 in All , WILLS, TRUSTS AND ESTATES.

Although for most of us there is truth in the saying that “Charity begins at Home”, many of our clients...

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Buying a Business

Posted by Mark Ollier on November 8th 2013 in All , SERVICES FOR BUSINESSES.

One of the hallmarks of the last few years has been the enthusiasm of clients to purchase or start  new businesses...

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Care home funding - NHS Continuing Health Care

Posted by Paul Watkins on October 25th 2013 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

In the summer of 2010 Mrs B was admitted to hospital following a fall in which she suffered a fractured...

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Mounting care home fees could be impacting on wills, warns Beviss & Beckingsale

Posted by Victoria Emmett on September 6th 2013 in All , WILLS, TRUSTS AND ESTATES.

High care home fees risk leaving the elderly with little or nothing to bequeath to loved ones in their wills,...

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Proposed Changes in Children Law

Posted by Zoe Gaitskell on September 6th 2013 in All , FAMILY.

Changes in private family law proceedings in respect of children are in the process of being made which are intended...

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Divorce and the Summer Holidays

Posted by Zoe Gaitskell on September 6th 2013 in All , FAMILY.

Newly-divorced parents should take care when taking their children abroad on summer holidays warns our Partner Zoe Gaitskell. “Parents could...

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Staff Have Rights to a Private Life

Posted by Mark Ollier on September 6th 2013 in All , DISPUTES AND CLAIMS.

An employer who required her live-in housekeeper to not get pregnant has been ordered by an Employment Tribunal to pay...

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The need for Electrical Safety in tenanted properties

Posted by Mark Ollier on August 29th 2013 in All , COMMERCIAL PROPERTY.

A recent study by the Electrical Safety Council (ESC), ‘Landlords Risking Lives and Livelihoods By Ignoring Electrical Safety’, that was...

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HELP TO BUY?

Posted by Mark Ollier on August 29th 2013 in All , COMMERCIAL PROPERTY, MOVING HOUSE.

There is no doubt that the Government’s Help to Buy Scheme is promoting a great deal of activity in new...

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Home Loans to Children?

Posted by Frances Griffiths on August 20th 2013 in All , MOVING HOUSE.

In the current difficult economic times and with the unwillingness of most banks and buildings societies to loan much more...

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Can someone else decide what is in your Will?

Posted by Emma Northover on July 23rd 2013 in All , DISPUTES AND CLAIMS.

Everyone knows that it is important to make a Will and to keep it under review but like catching up...

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Be careful what you wish for!

Posted by Mark Ollier on July 3rd 2013 in All , DISPUTES AND CLAIMS, SERVICES FOR BUSINESSES.

The high profile dispute involving the winner of the popular TV show “The Apprentice” highlights how important it is to...

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HMRC can see Accountants tax advice to client

Posted by Victoria Emmett on July 3rd 2013 in All , WILLS, TRUSTS AND ESTATES.

A major principle, on which the legal system in England and Wales relies, is that any communication between a client...

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East Devon District Council changes to council tax on empty properties:

Posted by Frances Griffiths on July 3rd 2013 in All , MOVING HOUSE.

Unoccupied and unfurnished property – the current 100% exemption for up to 6 months has been abolished. Instead you will get...

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Flood Risk

Posted by Frances Griffiths on July 3rd 2013 in All , COMMERCIAL PROPERTY, MOVING HOUSE.

In June 2013, the agreement between the insurance industry and the Government, “The Flood Insurance Statement Of Principles Agreement” will...

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Tenants benefit when repair costs rise

Posted by Mark Ollier on July 3rd 2013 in All , COMMERCIAL PROPERTY.

When a Landlord wants to carry out works and the cost of completing them will be charged to the Tenants...

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New Estate Administration Protocol

Posted by Victoria Emmett on November 12th 2012 in All , WILLS, TRUSTS AND ESTATES.

Dealing with the death of a relative is stressful enough, without the added stress of a long drawn out winding-up...

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The Influence Of Cranbrook

Posted by Mark Ollier on August 9th 2012 in All , MOVING HOUSE.

Lying to the east of Exeter beyond Whimple lie green fields upon which a gigantic construction project  is altering the...

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Why Conveyancing? - A Personal View

Posted by Mark Ollier on July 31st 2012 in All , MOVING HOUSE.

Should the law just be about solving problems and dealing with the bad things in life, or should it also...

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Do I Need A Survey?

Posted by Mark Ollier on June 6th 2012 in All , COMMERCIAL PROPERTY, MOVING HOUSE.

Do I need a survey?
Your home is probably the most expensive and important purchase you will every make and...

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Obligation On Seller Sets Boundary

Posted by Mark Ollier on May 10th 2012 in All , DISPUTES AND CLAIMS, MOVING HOUSE.

When a plan is attached to a conveyance, it is often marked ‘for identification purposes only’ in order to ensure...

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Contested Probate

Posted by Emma Northover on June 10th 2011 in All , DISPUTES AND CLAIMS.

A loved one has died, but left you nothing.  Can you do something about it? Maybe.  The will might be...

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Collaborative Family Law

Posted by Zoe Gaitskell on August 17th 2010 in All , FAMILY.

Collaborative family law is a new approach to negotiating and settling issues arising predominately from divorce or family separation. Its...

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Contaminated Land

Posted by Mark Carlisle on January 18th 2010 in AGRICULTURAL AND RURAL AFFAIRS, All .

Ever thought about the land under your feet? Do you know the history of the land surrounding your house? More...

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Lending Money To Children For Home Loans

Posted by Mark Ollier on February 26th 2009 in All , MOVING HOUSE.

In the current difficult economic times and with the unwillingness of most banks and buildings societies to loan much more...

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