Cohabitees – This is why you need a Will

According to the Office of National Statistics 1 in 5 families are now cohabiting. Due to this, the importance of creating a Will to protect your family has never been greater.

There is a common misconception among cohabitees that they will be treated as spouses upon death due to the idea of the “common law marriage”. However, “common law marriage” is a myth, and regardless of the length of cohabitation, cohabiting partners will not be given the same legal treatment as spouses.  Instead upon death the Intestacy Rules will take effect.  A recent poll by Will Aid revealed that 68% of cohabitees were unaware of the intestacy rules, potentially leaving many partners vulnerable.

The Intestacy Rules set out a framework for who will inherit what when a person dies without a will. The rules of probate are outdated, and the relatively new practice of cohabiting has not yet been recognised within them. The rules prioritise spouses and blood relatives, meaning that spouses and children will inherit first. As such, under these rules it is likely that a cohabiting partner will not be able to inherit any of your estate.

Therefore, it is of great importance for cohabiting couples to have a Will in place so that their wishes can be followed and their partners protected. Newbolds Solicitors offers a comprehensive Will writing service and will advise you on how to best protect your loved ones through your Will. Book in an appointment today and start the process of future-proofing your family.

All our blogs and vlogs are correct at the time of writing, however, before you take any steps relying upon their contents, you should take legal advice.  The above may not be compatible with your own particular circumstances.

Do I need a Solicitor?

Representing Yourself in Divorce

Handling divorce proceedings on your own may not be a good idea for several reasons:

• Complexity of Legal Procedures:

Divorce involves intricate legal processes and paperwork that may be challenging to navigate without legal expertise. Filling out forms incorrectly or missing deadlines could lead to delays or unfavourable outcomes.

• Emotional Distress:

Divorce is emotionally taxing, and attempting to handle legal matters while dealing with emotions can cloud judgment and lead to decisions that may not be in your best interest.

• Lack of Objectivity:

Personal involvement in divorce proceedings can make it difficult to maintain objectivity and make rational decisions about important issues such as asset division, child custody, and support.

• Unsure of Rights:

Without legal representation, individuals may not fully understand their rights and entitlements under the law, potentially resulting in an unfair settlement.

• Potential for Disputes:
  When spouses represent themselves, communication breakdowns and disagreements may escalate, making it harder to reach agreements and prolonging the divorce process.
  
  
• Risk of Costly Mistakes:

Errors in legal documents or agreements may have long-term financial and legal consequences, including future disputes or the need to revisit court decisions.
 

• Lack of Legal Advocacy:

Having an experienced divorce attorney provides valuable advocacy and support throughout the process, ensuring your rights are protected and your interests are represented effectively. Overall, while representing oneself in a divorce may seem cost-effective initially, the potential risks and consequences often outweigh the benefits, making professional legal assistance advisable in most cases.

For further information, please call our experienced divorce team on 01633 288345 or email family@newboldsolicitors.com

We do all we can to ensure that the advice we give in our blogs are correct at the time of posting, however, the law changes frequently and we are unable to cover all individual circumstances. We ask that you take legal advice before relying on any information within our blogs.

The Government has confirmed that before the General Election they will introduce the Renters Reform Bill. This new bill will prevent a landlord from serving a current Section 21 notice on a tenant. This will bring England more in line with Wales (although we are unsure of the details of the Renters Reform Bill and how it will work. We will keep you posted though).

When it does come into force it will mean that if you rent out a property in England you will be unable to serve a notice for 2 months on the basis that you simply want the property back.

Although we do not know the details of the bill, we assume they will be similar to Wales.

Many charities welcome the news, but some feel that landlords will now rush to evict tenants (before the changes come into force), or they will simply sell their rental properties. This will have a detrimental effect on the housing market as there are already insufficient rental properties available. Many rental properties in Wales have a waiting list for views by potential tenants. This is also pushing up the rent for tenants who may be struggling in the current economic climate.

Some Landlord agencies believe that due to the delays within the court system, the landlords will be disadvantaged by the changes.

In Wales we have found that the changes were quite complex leaving Landlords wondering how they can evict any tenants. We are noticing more and more delays happening because landlords have served an invalid notice, or failed to adhere to the regulatory requirements necessary. Some Landlords served a notice for 6 months, only to find that the notice was invalid and had to wait a further 6 months to reserve. Many Solicitors firms are no longer accepting cases from Wales due to the complexity of getting everything correct.

Catherine Watkins from Newbold believes that there will be challenges for Landlords, there has been a number of untested cases in the Welsh Courts and many Landlords have been put off from remaining in the rental market, but with expert guidance and handholding, landlords are finding their way through the maze of statutory changes.

We do all we can to ensure that the advice we give in our blogs are correct at the time of posting, however, the law changes frequently and we are unable to cover all individual circumstances. We ask that you take legal advice before relying on any information within our blogs.

Is this applicable to me?

With the implementation of the new rental legislation in Wales there are new laws surrounding what statutory obligations landlords must adhere to. The ‘Renting Homes (Wales) Act 2016’ brought in many new obligations for landlords which must be complied with.

This new addition to the Renting Homes (Wales) legislation sets out all the obligations if you own a rental property in Wales. Failure to do so could result in the contract-holder (tenant) being able to legally withhold rent if the rental property is not deemed to be fit for human habitation. If the property continues to be unfit for human habitation the contract-holder will be able to seek an order from the Courts requiring the landlord to remedy any problem(s) which are in violation of the regulations.

What happens if I do not comply with these regulations?

Failure to comply with the legislation and regulations could result in a fine of up to £30,000.00 being imposed. If the contract-holder suffers personal injury, loss or damage as a result of the property being unfit for human habitation they could bring proceedings against you in respect of the injury, loss or damage.

What do the regulations entail?

The regulations encompass 29 different issues and circumstances in determining whether a property is fit for human habitation. As well as this there are several statutory requirements in which the landlord must abide by. The property must not be kept in a state of disrepair and an eviction notice cannot be issued if the property is not fit for human habitation.

Converted Assured Shorthold Tenancy and the New Legislation

If you had an existing AST before the implementation of the new legislation you now have a converted occupation contract. Written terms should have been served on the contract-holder by 31 May 2023.  There is a grace period for the implementation of some of the new regulations. However, the grace period is not applicable for all of the statutory regulations some of which should currently be installed in your rental property.  The grace period is coming to an end on 30^th November 2023.

I am unsure on how to proceed – where can I find help?

Further guidance can be found on the gov.uk website. Our team of property litigation experts are on hand to help, so please do not worry about the new regulations! Contact details for our property litigation team can be found below…

by Lorna Williamson

Disclaimer: Please note this article is not intended to be legal advice and is for information purposes only. You should seek advice from a solicitor before relying upon its contents.

Will England be following Wales with the no fault evictions ban?

Landlord-Friendly Delay on No-Fault Eviction Ban Ensures a Balanced Rental Market

In a welcome move for landlords across England, the government has decided to delay the implementation of the proposed ban on "no-fault" evictions, offering landlords a reprieve while prioritising essential court reforms. This decision marks a significant victory for property owners and addresses concerns that a rushed eviction ban could have adverse consequences. Let's delve into why this delay is a positive development for landlords.

Protecting Landlord Rights

The proposed Renters Reform Bill, which sought to prohibit "Section 21" no-fault evictions, raised concerns among landlords. The ability to evict tenants without providing a reason, though often necessary, had become a contentious issue. The delay in implementing the ban provides landlords with much-needed reassurance that their rights and interests are being considered.

A Reasonable Approach

Housing Secretary Michael Gove's decision to prioritise court reforms before introducing the eviction ban is a sensible and balanced approach. It recognises that landlords often face challenges in the legal system when dealing with problematic tenants. By improving the court system and making it more efficient, landlords will have better tools to address issues such as non-payment of rent, anti-social behaviour, or property misuse.

Maintaining a Steady Rental Market

The delay in implementing the eviction ban means that landlords can continue to operate in a market with clear rules and guidelines. This stability is crucial for those who invest in rental properties, as it allows them to plan and manage their investments effectively. A sudden eviction ban could have disrupted the market and potentially driven landlords out, negatively affecting the housing supply.

Ensuring Confidence Among Landlords

The decision to postpone the ban on no-fault evictions should foster confidence among landlords, many of whom have been facing challenges in recent years. The National Residential Landlords Association (NRLA) welcomed the approach, highlighting the importance of ensuring that reforms secure the confidence of responsible landlords.

Preventing Uncertainty

The delay in implementing the ban is a measure to ensure that landlords are not left with unanswered questions and potential legal complications. It provides a clear roadmap for the government to improve the court system, making it more efficient and fair for both landlords and tenants.

Conclusion

The indefinite delay in implementing the ban on "no-fault" evictions is a positive development for landlords, offering reassurance and much-needed stability. By prioritising court reforms, the government is taking a step in the right direction to protect landlords' rights and interests, ultimately benefiting both property owners and tenants. This decision ensures that the rental market remains a viable and attractive option for property investors, contributing to a more balanced housing sector in England.

If you wish to discuss any of the above, then please call our team on 01446700693 or email housing@newboldsolicitors.com

by Zoe Turner - Newbold Solicitors

Disclaimer: all blogs although correct at the time, are not meant to be relied upon in place of instructing a solicitor who can discuss your individual needs. The law changes so frequently that it may not be relevant and this is the reason why we strongly suggest you take legal advice.