Renting out your property may seem like an easy source of income, but it can be a legal minefield.

If there are disagreements between you and your tenant it can quickly become a drain on your time and resources.

The best way to avoid this is to take legal advice at the start from a Solicitor. As Solicitors, we can deal with all areas of Landlord and Tenant Law, and can assist with the preparation of Tenancy Agreements and also deal with any situation in the unfortunate event that a disagreement arises.

Before you even look for a tenant, a Solicitor can help you decide what the terms of the tenancy will be and can then incorporate your requirements into a written Tenancy Agreement tailored to your needs.

The biggest advantage of having a written Tenancy Agreement is that it sets out your rights and responsibilities as a Landlord in a way that is legally enforceable. It also provides certainty for the Tenant as to what they can and cannot do while they live in your property.

The most common form of tenancy for a residential property is an Assured Shorthold Tenancy. This is normally for at least 6 months and the tenant has fewer rights to stay at the end of the tenancy period. The Agreement will also include the start and end date of the tenancy.

Some terms of the tenancy which will need to be decided upon are:

1. the length of tenancy.
2. what restrictions you want to place on your tenants about using the property e.g. are they able to keep pets at the property?
3. the rent payable and whether this is to be paid monthly or quarterly? Is the rent to be reviewed during the tenancy term? Is the tenant to be responsible for all or certain outgoings in relation to the property e.g. Council Tax?
4. the amount of deposit the tenant will need to pay (this should be at least equivalent to 1 month’s rent, in addition to the first month’s rent in advance).
5. what are your rights to enter the property?

It is a good idea to give all these issues some thought before you visit your Solicitor and to take along any documents which may be relevant.

It will also be necessary to provide an Energy Performance Certificate (EPC) for the rental property. The EPC lasts for 10 years and contains a rating for the energy performance of the property and recommendations for improving it.

If you do have a disagreement with your Tenant, there are several ways that we can assist. Whether it is a simple case of checking your legal rights or amending your Tenancy Agreement, negotiating a solution or even going to Court, we have the knowledge and experience to support you.

For those considering renting out their property for the first time, you also need to ensure:

a. that your Tenancy Agreement is fair and clear. Write a detailed inventory of what is at the property, and take photos if necessary, and make sure you both sign it at the time. It may be a good idea to adapt the Tenancy Agreement so any inventory is attached to it.
b. having an Agent manage your property full time is advisable if you do not live locally. Check what Agent’s fees are likely to be – these are normally a percentage of the rental income.
c. if you do not have a Managing Agent, ask your tenants for references from previous Landlords and their Bank. You should also check their credit history online.
d. you always ask for a minimum of one month’s deposit. If you have any doubts about the Tenant, ask for more.
e. treating your Tenants fairly. Give at least 24 hours’ notice of a visit. Do not expect tenants to pay for re-decoration costs – you should allow for a certain degree of wear and tear while a property is being let.
f. you establish what your responsibilities are regarding the safety of the property. It is the Landlord’s responsibility to have all gas and electrical appliances checked annually by a registered tradesman. Install smoke alarms and use fire-resistant mattresses and furniture.
g. if you are letting a property in Wales, that you have registered on the Rent Smart Wales Scheme and have attended an accredited course in the event that you do not use a Managing Agent.

For further information regarding tenancy issues and agreements, contact one of our knowledgeable Solicitors in our Property Department on 01267 237441 or mail@utk.co.uk.

In the event that you and your spouse are unable to agree on the way in which your marital assets should be split upon divorce, it might be necessary for the family court to intervene.

The outcome of such cases is often uncertain. This is mainly due to the fact that the law allows the Court a wide discretion when deciding such matters.

Judges are largely guided by a number of principles enshrined in legislation and previous cases.

If your family unit involves dependent children, the court MUST give them first consideration when considering how best to deal with the assets. This often results in a situation where the parent who has the main responsibility for caring for the children will retain the family home. Alternatively, they may be awarded a larger share of the asset ‘pot’ so that the children can be accommodated post-separation.

The court will always look to divide the assets fairly between you but this does not necessarily mean an equal split. Each of your current and future needs will be carefully scrutinised. e.g. if one party suffers from ill health which will impact on their future earning capacity, the court might decide to accommodate that person’s needs which may well result in an unequal division.

That said, once full consideration has been given to the individual circumstances of your case, the court will aim to divide the marital assets equally, if at all possible.

Section 25 of the Matrimonial Causes Act 1973 provides a short list of factors that the court may take into account when considering your case. These apply to both you and your spouse and include:

1) your income(s), earning capacity and possible future foreseeable financial resources
2) your financial needs, obligations and responsibilities
3) the standard of living enjoyed by your family before separation
4) your age(s) and the length of your marriage
5) any physical or mental disabilities
6) contributions you have made or are likely to make in the foreseeable future towards the welfare of the family
7) your financial conduct such as a gambling habit or excessive spending.

This is not by any means an exclusive list, and the factors are not listed in any number of priority. The Family Court is able to exercise its discretion when giving weight to each consideration and indeed can chose to disregard some factors entirely. The key element that the Court will have in mind when reaching a decision about your case is fairness. The Judge will need to be satisfied that, having had regard to all the circumstances of your case, the Order they make in relation to your finances is a fair one.

Individuals are often dissatisfied with the outcome of their case if matters proceed to a final hearing and the Judge is left with sole discretion as to how your assets are to be split.

It is therefore in all parties interests to try and agree on how the marital assets are best divided. The alternative involves a large element of uncertainty which inevitably comes at a financial and often emotional cost!

For tailored advice regarding your specific circumstances, please contact our family solicitor, Nia Thomas on 01267 237441.

Probate is the process of administering a person’s affairs after they have died. All assets that the deceased owned need to be listed and scheduled and in some cases this information has to be sent to the Inland Revenue to determine if there is any Inheritance Tax to pay.

The complexity and length of a Probate can vary and some small estates need a small amount of administration.

We offer a fixed fee service to help to administer small estates, saving you the hassle of having to deal with the Probate Registry. We can provide you with a written fixed fee to include the Court fee for the agreed work and that price will not change unless the original information we are given is shown to be incorrect or circumstances change.

Please contact our Wills and Probate Department on 01267 237441 (option 2) for more information.

When some children in the stepfamily have different surnames, the parent and stepparent may want everyone in the new family unit to have the same surname. However you cannot simply change a child’s last name when you remarry or set up a new partnership.

There is a common misconception that it is simple and straight forward for a parent to change their child’s surname by deed poll. This is not the case. The law is clear on the matter. Read more →

We have heard of instances where staff in some banks and other financial institutions are making it difficult for people who need to operate accounts on behalf of elderly parents or other family members via a Power of Attorney.

Bank staff sometimes lack the training to deal with the Powers of Attorney and this can lead to delays with the Powers of Attorney being implemented. This can cause a great deal of anxiety and stress for families at what is already a difficult time.

Every bank and building society will have its own process for dealing with a Power of Attorney and you may be able to look online to ascertain the Bank’s requirements.

The first step you should therefore take is to book an appointment with the financial institution concerned and explain what you need to do. You should ask them to confirm what documents they will need you to bring to the meeting. As well as sight of the original Lasting Power of Attorney or certified copy of it, they will usually request you bring in identification documents i.e. a passport or driving licence and a council tax or utility bill.

Once you are registered as an attorney, the bank will then forward all correspondence to you. Some banks may then issue you with a cheque book and Card to enable you to deal with the donor’s account ongoing.

However should you require any further information with regard to making a Power of Attorney, then please contact our Wills and Probate Department on 01267 237441 (option 2). We offer competitive fixed fees for this service and can also arrange home visits if required.