Serving Notices

eviction, housing, landlord
Oct 20 | 2021
 

Serving Notices

Are you worried about a further time extension for you to serve a notice on your tenants? Worried about your finances with lost rental income? We take a look at the importance of serving notices in the correct way. If your Tenant is breaching their tenancy now is the time to serve your notices.   If a notice is served correctly, then the process is relatively straightforward, but any issues, regardless of how tiny they may appear, will result in your case being dismissed. If dismissed not only, will you suffer months and months of unpaid rent (lost rental income), but you could end up paying your tenants costs. What if your Lettings Agent drafts the notices, it will save you the cost right and we all want to save legal costs? 80% of the notices forwarded to us were originally served by lettings agents, and the vast majority were faulty is some way. Agents are not able to serve legal documents, sign on your behalf or attend hearings, as they have no rights of audience. Does it matter? Yes, because they will not have insurance, they will not know the case law to rely on, and the case will often be dismissed.  It sounds a good idea to let your Agent complete the process, but check they have the insurance to cover any faulty notices.  The vast majority do not, because they cannot give legal advice. What if they don’t have insurance? Then you suffer the loss as the Landlord. What if they have got away with it before? It just takes that one time to cost you many thousands of pounds in lost revenue and legal fees, and don’t forget that judgment on your credit file. With our fees of £50.00 + VAT* (*by quoting NEWB13 for October and November 21), it simply does not make this risk commercially viable.  Please phone us on 0330 123 1131 or complete our contact form, to ask our advice, and get it right first time. For more information on our eviction service please visit our Evictions & Serving Notice page

Cardiff Legal Walk 2021

Sep 28 | 2021

Cardiff Legal Walk 2021

We are proud to take part in the Cardiff Legal Walk 2021 and raise money for the Reaching Justice Wales (local arm of the Access to Justice Foundation) which funds local advice services. Advice agencies do a fantastic job in preventing homelessness, resolving debt problems, gaining care for the elderly and disabled and fighting exploitation for some of the most vulnerable people in our society.   Our walkers are: David Coleman Maria Henson Jake Wesson Jerry Honeyball Natasha Wright Liane Elms Lizzie Tarling Katie Prosser   The money we raise will help to keep local agencies operating and giving access to justice try to as many people as possible. Please support our walkers as generously as you are able. If you would like to donate, you can do so via the link below. Donate Here  

Six-month notice periods continue in Wales until the end of 2021

eviction, landlord, tenant
Sep 27 | 2021
 

Six-month notice periods continue in Wales until the end of 2021

  Earlier this month, the Government had confirmed, in the Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021, that the notice periods for Section 8 and Section 21 Notices will return to pre-pandemic levels in England from October 1st, 2021.   For more information concerning notice periods in England, please refer to our recent blog post outlining these changes.   However, we have now been notified that notice periods will not return to pre-pandemic levels in Wales. Currently, landlords in Wales must provide six months' notice when terminating a tenancy; these measures were due to expire on 30th September 2021 but have now been extended until December 31st, 2021.   The explanatory notes, written in conjunction with the Coronavirus Act 2020, outlines reasons as to why the Welsh Government have taken this approach. The Welsh Government believe the extended notice periods will support the three overarching aims of the aforementioned Act:-  
  1. Containing and slowing the virus, 
  2. Easing the burden on frontline staff
  3. Supporting people. 
  The notes then goes onto detail how this decision supports those aims in arguing that extended notice periods will:  
  • Reduce homelessness,
  • Reduce pressure on services,
  • Increase scope to support individuals at risk of eviction,
  • Increase security for tenants and reduce anxiety.
  This decision is influenced by the Welsh Governments inability to accommodate evicted tenants (as the pandemic has already placed huge constraints and pressure on local authorities). The explanatory notes then highlight that these local authorities will “struggle to accommodate any significant rise in numbers presenting as homeless.”   In addition, it is noted that the Welsh Government considered reducing the notice periods but ultimately decided at this time it was not appropriate to do so. One motive for their decision is that a Notice issued in September with six months' notice would expire after a Notice issued in October (in the event that shorter notice periods would have applied).   We note that many landlords are also conscious of this and therefore wait for announcements from the Welsh Government. This gives rise to the concern that if landlords are waiting for notice periods to reduce, we could therefore see mass evictions. Notwithstanding, there has been no indication as to how the Welsh Government will prepare for this possible spike in evictions.   At NewBold Solicitors, we offer a free 15-minute telephone consultation to advise landlords of their potential options. If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131 or visit our Landlord or Tenant Services pages for further information.   Jake Wesson – Graduate Solicitor – Property Litigation.

Notice periods for Section 8 and Section 21 Notices to reduce in England from October 1st 2021.

eviction, housing, landlord, tenant
Sep 13 | 2021
 

Notice periods for Section 8 and Section 21 Notices to reduce in England from October 1st 2021.

  In March 2020, the Government introduced emergency legislation which ensured tenancies were subject to a six-month notice period if a landlord sought to terminate the tenancy (with exceptions in certain serious cases). Section 8 and Section 21 notice periods were reduced in June 2021 (and August 2021 if a landlord was evicting a tenant due to unpaid rent); however, they have still not returned to pre-pandemic levels.   The Government has confirmed in the Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021, that Section 8 and Section 21 notice periods will reduce to pre-pandemic levels in England from October 1st 2021. In effect, the notice period required for a Section 21 Notice will reduce from 4 months to 2 months.   These changes apply to assured shorthold tenancy agreements in England.   It has now been 18 months since emergency legislation was enacted and some landlords have expressed disappointment over the perceived lack of measures to protect their rights. These changes will therefore be welcomed by many landlords in England.   It is important to note, that the Government retains the ability to reapply longer notice periods until March 25th 2022 should the future public health situation warrant a further extension. Ultimately, these changes depend largely on the severity of the pandemic and can be reversed at any time.   We await further updates from the Welsh Government to determine whether notice periods in Wales will also be reduced; the three-month extension to six-month notice periods imposed in June 2021 is due to expire on September 30th 2021.   At NewBold Solicitors, we can offer advice and assistance to landlords and tenants. If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131 or visit our Landlord or Tenant Services pages for further information.   Jake Wesson – Graduate Solicitor – Property Litigation

Lasting Power of Attorney (LPAs) - Your Questions Answered

power of attorney, wills
Jul 21 | 2021

Lasting Power of Attorney (LPAs) - Your Questions Answered

  Lasting Power of Attorney (LPAs) This is an area of Law, in which we get asked a lot of questions asked about a Lasting Power of Attorney and why is it important to have one in place. The Coronavirus Pandemic, has had a devastating effect on people lives, which has resulted in some people finding themselves in a position where they may not have control of any decisions that may affect them at the time or in the future. A Lasting Power of Attorney can offer comfort to people who have given their loved ones or friends the power to deal with their financial decisions, when they have been unable to do so themselves There is a general fear that once a Lasting Power of Attorney is put in place, the person putting it in place known as a “Donor” loses all control of their financial decisions.  This is not the case at all. Below are some of the commonly asked questions and we have provided answers to help people understand them better and not to fear them.   What is a Lasting Power of Attorney? A Lasting Power of Attorney is a legal document that allows you to name someone (or multiple people) to act on your behalf regarding financial decisions and health and care decisions, should you lose mental capacity to do so yourself.   Who should make a Lasting Power of Attorney? Unfortunately a Lasting Power of Attorney often doesn’t get thought of until the last minute or the later stages of life.  As we all know it is very hard for anyone to predict the future and we would never expect to lose our mental capacity or to be in a situation where we do not have control of decisions. If you are over the age of 18 and have a condition likely to cause a loss of mental capacity then we recommend that you set up a Lasting Power of Attorney as soon as you can. However, we would recommend that you have a Lasting Power of Attorney put in place should any unfortunate events happen in the future.   What are the different types of Lasting Power of Attorney? There are two types of Lasting Power of Attorney and these are:
  1. Financial Decision
This type of Power is used for the running of your bank and savings account, making or selling investments, paying your bills and buying and selling your house.  You can decide whether you want the Power to be used as soon as it is registered which means it can be used when you have capacity and also when you have lost capacity.  Most people choose this option because it is the most practical. We should say that should you decide on this option and while you still have capacity, your Attorneys can only act with your consent.  This option is very useful if you are able to make your own decisions but there’s another reason you want your Attorneys to help you for example, you are unable to visit the bank, talk on the phone or if you are unable to sign documents. You should be careful that if you only want your Attorneys to use the Lasting Power of Attorney, then this could create additional problems for your Attorney, as they may need to provide medical evidence to prove that you are unable to make decisions every time they need to use the Lasting Power of Attorney.  Should there be a need to use the same as a matter of urgency, it could make your Lasing Power of Attorney a lot less useful.
  1. Health and Care Decision
This Power enables your Attorney to make decisions of the type of health care and medical treatment you receive, including life sustaining treatment, where you live and day to day matters such as your diet and daily routine. This Power can only be used after you have lost capacity and unable to make any decisions for yourself. You can give preferences and instructions but it is common that most people do not do this and they talk to the Attorney who are normally children or close family of their wishes in advance.   Who should I choose as my Attorney? It is entirely up to you who you would like to appoint as your Attorney, as long as they are over the age of 18 years and have never been declared bankrupt. We would recommend that you appoint someone who you know really well, can be trusted and will always have your best interests at heart.  The person you appoint can be a family member, relative or in some occasion, even a professional like a solicitor.   How many Attorneys can I appoint? There is no limit to the number of people you can appoint as your Attorney.   Do I need replacement Attorneys? It is not essential to appoint replacement Attorneys, but it may be a good idea to consider replacements if you have only appointed one Attorney should anything happen to them.   Can I change my mind? Once the Power is registered and you have the mental capacity to do so, you can cancel your Lasting Power of Attorney at any point.   What happens if I do not make a Lasting Power of Attorney? If the unfortunate happens and you lose mental capacity without having a Lasting Power of Attorney in place, a member of your family or a representative will need to apply for a Deputy Order from the Court of Protection.  Once the Order has been given that person can act on your behalf.  This could be any member of your family, even ones that you may not have a very good relationship with. This type of application is very lengthy and involved and it could take up to ten to twelve months before any Order is granted.  Unfortunately, applications made at this time is normally when urgent decisions need to be made. It is a costly application and costs of up to £2,000.00 can be incurred, which is why we would strongly recommend that you consider a Lasting Power of Attorney now to avoid any situations like in this future.   If you would like to put in place a Lasting Power of Attorney or wish to discuss matters in more detail, then please do not hesitate to give one of our team a call on 0330 123 1131 or for more information please Click Here Anne-Marie Hern - Probate Legal Executive

User Menu