20.02.12.: Equity release schemes - sale and rent-back arrangements - North East Property Buyers litigation:
In these recent hard times, many registered property owners facing repossession by their lenders have resorted to selling their properties to a purchaser who pays off the mortgage and agrees to let the former owners have a tenancy agreement, sometimes promising them that they can stay for as long as they like. Problems have then arisen when the new owners have failed to pay the mortgage and the lenders have sought to repossess the properties and evict the sellers.
In the North East Property Buyers litigation, the Court of Appeal had to decide in nine test cases whether the sellers occupying the properties after completion had any rights which would prevent the lenders evicting them.
16/12/11: Legal aid reforms: government promises to listen
On 20 December 2011 the Legal Aid, Sentencing and Punishment of Offender's Bill will be scrutinised in committee. The bill was already subject to considerable criticism when debated during its second reading in the House of Lords on 21 November 2011. Criticism was widespread throughout the Lords and across the political parties. Only 3 out of 54 peers who spoke on the Bill offered any support.
05.12.11: Employment law - the government's proposed changes to create jobs
The Business Secretary, Vince Cable, has recently announced the government's plans for employment law reform with the declared intention of clearing away "the structural barriers to economic growth" to give employers "the confidence to take on new workers" and "create new jobs". His plans (if they become law) could have a considerable impact on employers and employees alike. The key will be striking the right balance.
16.11.11: Who owns what when an unmarried couple splits up?
In the recent case of Jones v. Kernott the Supreme Court decided on the correct approach to calculating beneficial interests in property where the legal title is held in joint names by an unmarried couple but there is no express statement of how it is to be shared.
15.11.11:Collaborative Family Law Can Help You Breakdown the Wall Of Silence
When couples separate, be they married, living together or in a civil partnership then this is often the time of great stress, conflict and heartache. Having the right advice can make all the difference.
27.10.11: Preserving your digital legacy
As more and more of us use online banking facilities and receive paperless statements, identifying the assets of a relative after their death is becoming increasingly difficult.
30.09.11: Extending your lease - what does it mean to you?
Do you own a flat?
If you do, it is a major investment whether you live in the flat or rent it out. Changes in the market may send prices up or down, particularly in the present economic climate, but that is true of any investment. But leases are different - leases are wasting assets. A lease gives you the flat for a fixed period of time - often 99 years but leases can be for any length of time. As time passes and the term of the lease gets shorter, its value will decline. If there is plenty of time left to run on the lease, the fall in value is barely noticeable. But once the term approaches 80 years the fall in value will affect you when you come to sell the flat.
09.09.11:Government ban on referral fees
The government announces a ban on referral fees in personal injury litigation. Payments for the referral of personal injury cases generated by insurance companies or claims management companies is a practice Wiseman Lee has never endorsed, and the firm has never based its business on paying for referrals or introductions for personal injury cases, preferring to deal directly with victims of accidents whether on the road, at work, or elsewhere.
16.08.11: Riot damage latest
Here are some important tips on how business and home owners can claim for damage:
If you are insured, you should obtain a crime number from the police and contact your insurers immediately. You need to look at the wording of your own insurance policies but the Association of British Insurers (ABI) website has provided some useful guidance for businesses and individuals who have suffered losses.
Even if you are not insured, you may be able to claim compensation from your local police authority under the Riot (Damages) Act 1886.
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10.08.11: Riot damage
If you have suffered losses in the recent disturbances as a result, for example, of property damage or business interruption, our Property and Litigation departments are happy to help you sort out problems you may be encountering getting your business up and running again without delay, including obtaining payments from insurers.
19.07.11: Conveyancing Quality Scheme
Wiseman Lee LLP has been accredited with the prestigious Law Society Conveyancing Quality Scheme (CQS).
The letter of appointment said "congratulations on becoming one of the first firms to gain accreditation of The Law Society's Conveyancing Quality Scheme. We're delighted to champion your Practice as an ambassador for a new standard in the home buying process."
This is excellent news for the firm and its clients.
02.03.11: Service charges
What rights do tenants of long leases have when their landlord decides that major works need to be carried out on their block of flats?
This question was examined in a recent court of appeal case. The decision proved a salutary and expensive lesson for the landlord and represented a considerable windfall for the tenants. More..
The property concerned was a block of shops and flats called Queens Mansions in Muswell Hill. There were long leases of five of the flats and these all provided for the payment of service charges.