In this article, we cover the key aspects of repair obligations, such as rent-free periods, and schedule of conditions:

Repairing Obligation

Repairing obligations ensure that the property is in a good state throughout and at the end of the lease. However, be very careful – depending on the lease, you could be held responsible for repairs before your lease even begins.

Rent-Free Period

So, what happens if you are held responsible for historic damage? The worst result is that you have significant repairing responsibilities at the end of your lease, which could have been avoided at the beginning.

One way of dealing with this properly is agreeing on a rent – free period with your landlord. If the property is in poor condition before the lease commences, a tenant can use a rent- free period as a negotiation tool. It would offset the cost of carrying out repair work and meet the necessary standard.

It is worth noting though that other payments due under the lease, like service and utility charges, still need to be met during the rent-free period.

Schedule of Condition

Recently, we were able to assist a client who was in danger of taking on repair obligations at the end of their lease, but we negotiated a limitation based on the schedule of condition – a detailed document that lists the property’s current condition.

It can take many forms, including written documentation and video. It records any existing problems and repair costs prior to the lease being signed, helping tenants protect themselves against repair obligations.

Survey

Without these precautions in place, repair obligations can be very expensive. Prospective tenants should inspect the property carefully and carry out a survey, determining their potential repair liabilities.

Overview

There is a lot to consider before you sign a commercial lease, but value can be added when repair costs and responsibilities are avoided through legal advice, helping you with property inspection, rent – free periods, and schedule of conditions.  

Ultimately, these precautions could save you a significant amount of money when it comes to the end of your lease.

For information on the services we offer, please see our Commercial Property page.

Triveni Media launched its channel on Facebook and YouTube on Saturday, 19 June. Gurdas Dhadwal (Solicitor) was on the guest panel together with another Sandwell Lions member, Bimla Khumb. The event, which was a great success, was hosted by Shibani Nagda who was responsible for setting up the online channel.

Since Saturday’s launch group has reached over 30% of its £5,000 target. If you are interested in making a donation, you can do so with the following link:

https://www.justgiving.com/crowdfunding/trivenimedia?fbclid=IwAR1oli8w6Cep3JX2Ye67s-MsQSxRs8TcHxB5sXwBLVxKkL6pzAywqGl57u0

The extension will last until 30 June 2021 for residential properties up to £500,000 and then to 30 September 2021 for residential properties up to £250,000 but does not apply to buy-to-let properties; so, the following applies only to buying a property to be your main residence.

Until 30 June 2021 Stamp Duty is not charged on the first £500,000 of the purchase price, with a rate of:

• 5% between £500,001 – £925,000;
• 10% between £925,001 – £1.5m; and
• 12% on any value above £1.5 million.

From 01 July to 30 September 2021 Stamp Duty is not charged on the first £250,000 of the purchase price, with a rate of:

• 5% between £250,001 – £925,000;
• 10% between £925,001 – £1.5m; and
• 12% on any value above £1.5 million.

On 01 October 2021 Stamp Duty is not charged on the first £125,000 of the purchase price, with a rate of:

• 2% between £125,001 – £250,000;
• 5% between £250,001 – £925,000;
• 10% between £925,001 – £1.5m; and
• 12% on any value above £1.5 million.

Buying and selling a property does not take place overnight, we urge you to take action now if you wish to take advantage of this opportunity.  Do not miss the deadlines and miss out on a potentially large saving when buying your home.

Due to an increase in property transactions nationally, there may be significant delays in the results of Searches being received from the relevant Authorities.

The issue of Mortgage Offers by Lenders may also be delayed due to their volume of work.

These delays may have an impact upon when a transaction can be completed.

This reflects the current position. We are not aware of any possibility of these time limits being further extended in the future.

Please contact us on +441213184707 if you are buying or selling a property, where a member of our experienced and helpful team will be able to assist you further. Please also see the ‘Moving House’ section of our website to see the full range of serves that we offer.

Firstly, after the initial telephone discussion, if we think that your claim should be investigated further we consider all funding options with you, including no win – no fee (subject to T&Cs). Most of our clients opt for the “no win – no fee” option if they have no alternative form of funding.

Secondly, we’ll try to see you face to face (via video conferencing during the pandemic) rather than dealing with your claim by telephone. We believe this gives us a better understanding of your claim and gives us the opportunity to understand your circumstances fully. Here at RMP , we know it can be a stressful time and, if the injury is preventing you from working or recovery requires help from others on a day-to-day basis, this can add financial and emotional pressure. We’ll talk through the issues and help you with your claim and we aim to explain complex legal matters in plain and simple terms.

Does one of the following areas apply to your situation?

Road Traffic Collisions

An accident whilst driving can have serious consequences. If another road user was careless, reckless or negligent, GPM Solicitor can help with any claim.

Having a driving accident is an unpleasant experience. The aftermath of the accident can add to the anxiety. Trying to assign liability to a reckless or careless driver or one who was just being plain stupid can take time. If liability is contested, legal advice is required. And if you are injured, this needs expert guidance to seek proper compensation.

We investigate the circumstances of the accident, use specialists if helpful, and look to secure the best outcome possible.

Work Place Injuries and Disease

Having an accident at work may show that your employer has failed to carry out their responsibilities properly. We’ll help you with a claim if health and safety laws have not been followed.

Accidents happen – when they occur in the workplace, the question is whether it could have easily been avoided? Making a claim against your employer can be worrying. It is their legal responsibility to keep you safe at work. Has proper training been carried out? Are risk assessments regularly undertaken? If you suffer an injury that results in time off work or loss of income, you need legal guidance with any claim you make.

Injuries can sometimes be mental, not simply physical. We talk with you, free of legal jargon, and agree what actions to take, likely costs and timescales. You may require further medical examinations but we keep in contact with you throughout. And our aim is to achieve the best possible outcome for you.

Slips and Trips in Public Places

No matter how careful you are when out and about, accidents can happen and slips and trips are common. However, it may not always be your fault. If you have slipped or tripped because someone failed in their duty to keep you safe, you could be able to claim compensation.

Slips, trips and falls can happen just about anywhere – from a footpath or supermarket car park to a shop, restaurant, or even a private home. Wherever the accident occurred, if the owners of the premises are to blame, you could have a valid claim. By claiming compensation, you could receive the support you need to aid your recovery and help you get back on track. You may reduce the risk of someone else experiencing the same thing too.

We’ve successfully helped hundreds of people receive the compensation they deserve following an accident.

Life-changing Injuries

Simple accidents can sometimes result in serious injury. If that accident could – and should – have been avoided, it is all the more distressing. A permanent disability or major condition can impact upon a person’s quality of life. It can also result in financial hardship and emotional trauma. Legal advice can help you or a loved one seek compensation for your losses – whatever they may be.

We’ll ensure you understand what needs to happen to make your complaint, the likely costs and timescales. We explain information simply – no technical or legal jargon. Our lawyers gather the facts and work out what happened – and who is responsible. We promise to keep in regular contact and answer your questions as promptly as we can.

Child Injury Claims

It’s common for children to encounter scrapes and minor mishaps, but sometimes children can be involved in more serious accidents and sustain significant injuries. When this happens, parents naturally want to do all they can to help their child and this can include making a personal injury claim on behalf of the child.

From dog bites and falls to accidents in public places, or injuries caused whilst in employment; there are many different situations where it may be possible to bring a child injury claim to court. Even if the child or parent was partially to blame; for example if a child injures themselves on a building site where they should not have been, there may still be a claim.

We have claimed successfully in many child injury claims and have provided children and their families with much-needed support during the legal process.

When someone under the age of 18 wishes to bring a claim, the court takes special steps to ensure that the claim is dealt with correctly and that any settlement money is protected for the use of the child until they reach the age of 18.

Fatal Injury Claims

A wrongful death is a fatal injury that results directly from the negligence of another. That could be an individual or an entity, such as a company or business or a local authority or hospital. Making a claim for the death of a relative or loved one can be complex. It can involve court hearings and inquests, and they can be long, drawn-out processes. However, if you relied upon that person financially, you have the right to seek financial compensation. You also have the right to seek justice for a death that should have been avoided.

Inquests can seem complicated, the law filled with legal and medical jargon. We explain everything to you in simple language. We keep you involved throughout we promise, and we will answer any questions you have as promptly as we can. Costs and timescales are made clear at the outset; if anything changes, again, we will explain these to you.

Achieving the best possible outcome means seeking the financial compensation you deserve.

Military Injury Claims

If you’ve been injured whilst serving in the Armed Forces it can be a distressing experience for you and your family. You may be worried about the impact that your injuries will have on your long-term health, career, and relationships. Whether you’re a member of the Army, the Naval Service or the Royal Air Force; the Ministry of Defence has a responsibility for your safety and wellbeing – just like any other employer.

If you’ve suffered an injury or illness caused by negligence, faulty equipment or inadequate training, you may be able to claim compensation. Whether you were injured during a training exercise or during combat, claiming compensation could provide the support and security you and your family need, now and in the future.

Our military injury lawyers are experts in this specialised area and understand the pressures that members of the Armed Forces and their families face. We know that talking about your experiences can be difficult but our specialist solicitors will listen to your case with compassion and understanding, putting you at ease and guiding you through the process.

Criminal Injuries or Assaults

Being attacked or assaulted is an upsetting and distressing experience that often results in physical or psychological injuries. If you have been the target of an attack, we can help you make a claim for compensation as well as providing practical help and legal advice.

Even if the person who attacked you has not been caught – or isn’t in a position to pay damages – you may still be able to make a claim through the Criminal Injuries Compensation Authority (CICA). This government organisation makes payments to the victims of violent crimes and we have worked successfully with the CICA to claim compensation for many of our clients.

We understand that talking about your experience may be upsetting but our caring solicitors will do all they can to put you at ease whilst discussing the details of your case. With in-depth knowledge of criminal injury law, we have helped many people claim the compensation they deserve.

Whatever your situation, you can call us in confidence on +441213184707.

A survey commissioned by the Law Society revealed that three quarters of those surveyed do not know what happens to their online presence when they die, and 93% of the 1,000 respondents who have a will have not included any digital assets. Only 7% of those surveyed responded that they fully understood what this meant.

Law Society president David Greene said: ‘Photos, social media accounts and emails from loved ones are often just as treasured as physical possessions – and yet very few people understand what happens to their digital assets or why it is important to include them in their will.’

There are several potential issues with overlooking the treatment of digital assets on death: it can block access to information needed by loved ones for probate, such as online back accounts, and prevent access to treasured assets such as family photos.

Although the pandemic focused the minds of many to such matters, causing a noted increase in the number of people making and updating wills, the survey recorded that only 29% of the respondents had an up to date will.

The clear message is to ensure that you have an accessible record of online passwords to ensure that your loved ones who are faced with dealing with your affairs are spared as much stress as possible at an already emotionally challenging time.

What does the ruling mean?

The implication of the ruling is that thousands of Uber drivers will now be entitled to worker’s employment protections, including minimum wage and holiday pay, and could see Uber facing a very large pay out in compensation.

The wider consequences for the gig economy are yet to be seen.

Long Running Battle

Uber had previously lost in court three times against former drivers, James Farrar and Yaseen Aslam, before this final appeal to the Supreme Court.

The drivers originally won an employment tribunal in October 2016 and a subsequent appeal in 2017. Uber took the case to the High Court the following year but the decision was upheld yet again.

As the Supreme Court is Britain’s highest court, this was Uber’s last attempt to have the ruling turned around.

Impact on the Gig Economy

It is speculated that the ruling could have future ramifications for other companies with a similar business model (such as delivery firm Deliveroo). Mr Farrar, co-claimant and general secretary of the App Drivers and Couriers union, stated, “This ruling will fundamentally re-order the gig economy and bring an end to rife exploitation of workers by means of algorithmic and contract trickery.”

If you have any concerns over the employment status of the people you work with, or believe that your own status is wrongly classified, you can speak to one of our experts today on +441213184707.

Current Reasons

Currently, there are five reasons (known as “facts”) that are accepted as grounds for divorce:

• Adultery
• Unreasonable behaviour
• Desertion
• Separation for at least two years if both parties agree
• Separation for at least two years if there is consent from only one party

Case for No Fault

However, many family lawyers have spoken in favour of no fault divorce in the UK, particularly following the decision in Owens v Owens in 2018; Mrs Owens was unable to satisfy the current law that her spouse’s behaviour was sufficient to grant a divorce.

The Divorce, Separation and Dissolution Bill, providing for either spouse to apply for divorce on a no fault basis, passed through two readings in the House of Commons and was introduced to the House of Lords on 7 January 2020.

What does it mean?

When the bill becomes law (and it’s not there yet), spouses will no longer need to provide evidence of behaviour or adultery or a length of separation and all that will be required for a grant of divorce will be a statement that the marriage has irretrievably broken down.

It also means that it won’t be possible to defend or contest divorce proceedings and thereby removes some of the antagonism caused by the current “facts”. Courts will be able to make a conditional order 20 weeks after commencement of proceedings, once applicants have confirmed their desire to continue with the application.

There is no date yet for the bill’s implementation but it is expected in Autumn of this year. So, for now, you’ll need to proceed under the current fault-based system. We can provide expert guidance on the most suitable avenue for you and ensure that you achieve the best outcome possible.

Call us on +441213184707 to speak to one of our experts.

Employers have a legal duty consult collectively with staff in locations where more than 20 redundancies are made. If workers are not properly consulted, and this is found to be so by an employment tribunal, workers can be compensated with a “protective award” of up to 90 days wages, capped at £4,353 each.

Failing to collectively consult is one of many pitfalls that employers can fall in to with redundancy processes, leading to compensation claims former staff.

If you don’t want to leave your company open to claims after redundancy, speak to one of our employment law experts on +441213184707.

Divorce Settlement

Jayne Richardson Derhalli and Kerim Derhalli agreed a “clean break” consent order to divide the family wealth in 2016, leaving Mrs Richardson Derhalli with £6.4 million plus millions more on the sale of their London home, which was in his name.

Sued for Rent

While Mr Derhalli moved out of their home on St Mary’s Place, Kensington in 2014, Mrs Richardson Derhalli remained in residence.

The house was put on the market for £8 million but, perhaps due to the impact of Brexit on the London property market, they struggled to find a buyer for two years.

Mrs Richardson Derhalli continued to live in the house, leading to Mr Derhalli insisting that she should pay him £5,000 per week in rent. However, his ex-wife refused to pay, stating that she was entitled to live in the property rent-free until it was sold. What followed was described by Court of Appeal Judge, Lady Justice King, as a, “cautionary tale” of “personal animosity between them that…drove them…through two appeals.”

Judgements

While a county court judge found that Mrs Richardson Derhalli had been trespassing in the property while she lived there rent-free, this was overturned last year in a High Court ruling; Mr Justice Fancourt found that Mrs Richardson Derhalli was entitled under the terms of their divorce to inhabit the property without paying rent until they were able to sell.

Earlier this month, the Court of Appeal agreed with Mr Justice Fancourt, forcing Mr Derhalli to concede victory to his former wife and face heavy fees from the lawyers involved.

Precedent Set?

According to Lady Justice King, “This case sets no precedent, incorrect or otherwise.” Mrs Derhalli’s lawyer referred to the ruling by stating that, “Common sense has prevailed.” The terms of the financial agreement were in line with the divorcée’s occupation of the house until the sale, and the momentum of the case appears to have been generated more by an acrimonious relationship and the means to fight a very expensive legal battle, than the potential of important case law, as Mr Derhalli had claimed.

Advice

Most people don’t have money to fight court battles, and most people don’t have to. If you need advice on any financial aspect of a divorce, do call us on +441213184707 and we’ll be pleased to offer you a free 30 minute consultation.

Both clauses are part of a series of measures known as ‘restrictive covenants’ which are designed to protect the interests and continuation of the business when an employee leaves by temporarily restricting the activities of the departed employee. Unlike parliamentary originated laws written in acts and regulations, restrictive covenants have been developed over the years by a series of court cases. They should be no stricter than is required to protect the legitimate interests of the business and balance the interests of the business against the ability of the departing employee to earn a living.

Non-compete clauses may, for example, impose timed restrictions on the geographical area that an ex-employee can work, the type of work they cannot do or the genre of company they cannot work for. How could they be changed to make business environments more competitive and entrepreneurial? The Government has suggested four possible options:

• The employer should provide compensation to a former employee during the period of restriction (to dissuade employers from using such a clause unless absolutely necessary);
• Put statutory time limits during which such clauses can operate;
• Ensure companies disclose their non-compete clauses to prospective employees; or
• A total ban on their use.

Exclusivity clauses prevent an employee working for more than one employer and are already banned in zero-hour contracts, but the Government is now looking specifically at the 1.8m people who are on minimum wage levels and are earning less than £120 per week. A contractual exclusivity clause would prevent people in this group from being able to earn money with another employer and restrict the potential pool of applicants for those businesses which could expand by taking on more part-time staff. Banning such clauses for this group could benefit both the employees and those businesses who need a more agile and flexible workforce.

 We await the outcome of the review with interest.