Showing posts with label law firm. Show all posts
Showing posts with label law firm. Show all posts

Monday, 15 November 2010

Landlords beware! New rules on assured shorthold tenancies introduced


Landlords in England are being warned to update themselves on new rules surrounding assured shorthold tenancies as the rules have now changed.

Sara Shepherd, a specialist property solicitor at Midlands law firm Higgs & Sons, says that landlords across England need to be aware of the new rules and act accordingly.

“Prior to 1 October 2010, a residential tenancy could not be an assured shorthold tenancy if the rent exceeded £25,000 per annum,” says Sara.

“This was designed to exclude tenants of luxury houses from protection under the Housing Act, but due to rising rents many tenancies of non-luxury properties now have annual rents of more than £25,000. The most common examples of this are large student houses and London flats.

“From 1 October 2010, the rules changed, with the threshold rising to £100,000 per annum. The effect of the change is retrospective, so it affects all new and existing tenancies.”

Implications for Landlords

According to Sara, the rules change has a number of implications for landlords.

“A landlord who takes a deposit under an assured shorthold tenancy must protect it in an approved deposit scheme. There are serious sanctions for landlords for failing to comply with this - including fines and limitations on the landlord's ability to get the property back. Although the government has said that it is not expecting existing deposits to be placed in a deposit scheme, this is still subject to test in the courts, which may take a different view. In my opinion, a cautious landlord would now place all existing deposits in an approved scheme.”

Serving Notice

The changes also mean that the rules as to minimum length of term and length and format of notices now apply to these tenancies, whatever it actually says in the tenancy agreement. All assured shorthold tenancies have to last for at least six months, and landlords must use the required forms of notice to terminate them, otherwise the notice will not be effective.

Pre February 1997

Sara has one particular warning for landlords of any tenancies with rent of over £25,000 per annum which started before 28 February 1997. “These are rare but landlords who have them will find they have converted automatically into assured tenancies, not assured shorthold tenancies,” says Sara.

“Landlords will not be able to terminate these on two months' notice, but will have to be able to show one of the grounds from the Housing Act - making it much harder to get back possession of the property.”

Good news

The new rules do bring some good news for landlords. The main one is that landlords can use the accelerated possession procedure in the courts - which is a faster and more cost-effective method of obtaining possession of properties, and which is only available for use with assured shorthold tenancies.

There is more good news for landlords. Sara says: “Previously, landlords could find that tenants of residential flats paying over £25,000 per annum had acquired rights of first refusal under the Landlord and Tenant Act 1987 on any sale of the freehold by their landlord. This caused delays and cost landlords money when they were trying to sell their property. The new rules from 1 October mean that in most cases it will now only be an issue where tenants of residential flats are paying over £100,000 per annum.”

For specialist legal advice or to speak with Sara Shepherd contact her directly on 0845 111 5050.





Friday, 10 September 2010

Higgs celebrates professional services award

Leading Midlands law firm Higgs & Sons is celebrating after winning the prestigious Black Country Chamber Professional Services Firm award 2010.

Senior partner, Ian Shovlin, was presented with the award this week by Mark Prisk, MP and Minister of State for Business and Enterprise at a special gala lunch in Wolverhampton.

Speaking of the accolade, Ian said: “2010 is proving to be an extremely exciting year for the Higgs team. Earlier in the year we moved 155 of our people to some of the best office facilities in the Black Country with a £1.5 million move to the Waterfront Business Park.

“To meet the needs of our clients, we have also recruited 16 lawyers and five support staff this year.

“Now, to be honoured by the Black Country Chamber in its annual awards is the icing on the cake.

“Our aim has always been to provide businesses and individual clients of the Black Country and beyond with the very best legal advice and care and to be recognised for this is great news for everyone at Higgs.

Higgs has achieved its success due to the loyalty and support of our clients, professional advisors, suppliers and colleagues. We really value our relationships with them and thank them for helping us to win this award.”

Friday, 26 March 2010

Get the most from your employees - latest training event from Higgs & Sons

One of the region’s leading employment law departments is holding a training event for local businesses and HR managers.

Entitled ‘performance management – get the most from your employees’, the event takes place on Wednesday 21 April 2010 starting at 8.30am.

Louise O’Connor, Higgs & Sons’ HR consultant is leading the training event. She said: “This is an ideal opportunity for senior HR professionals and business owners and directors to enhance the efficiency and effectiveness of their workforce, which is in most cases their largest overhead.”

The event takes place at Higgs & Sons’ new £1.5 million headquarters at 3 Waterfront Business Park, Brierley Hill.

To attend, register directly with Louise by calling 0845 1115050 or by email louise.oconnor@higgsandsons.co.uk.

The event costs £40 plus VAT.

For a list of all Higgs & Sons' employment training events, visit -http://www.higgsandsons.co.uk/news--events/hr-training-/annual-training-calendar-20092010.aspx

Wednesday, 24 March 2010

Higgs shortlisted for prestigious legal awards


Higgs & Sons has been shortlisted for the prestigious Birmingham Law Society Legal Awards 2010.

The Black Country law firm, which recently moved 150 of its team into a new £1.5 million office, is shortlisted for the Law Firm of the Year (16+ partners).

Senior partner, Ian Shovlin, said: “2010 is proving to be an extremely exciting year for the firm. Our move to Waterfront Business Park has created the largest law firm in the Black Country. Now, to be recognised by our peers as one of the best law firms in the region, is the icing on the cake.”

The awards take place on Thursday 25 March 2010 at Birmingham’s ICC.