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Landlords; Reminder to Obtain HMO Licence

Posted by on October 9th 2018 in Blog Posts, Litigation

The government has extended licensing provisions from 1 October 2018; this means that landlords who let out properties with any number of storeys that have 5 or more tenants, who aren’t related, and who share facilities like kitchens or lavatories, will require a licence from the local housing authority.

The government believes that the new rules will help to protect at least 850,000 more people in privately rented homes, from poor living conditions and overcrowding.

Failure to obtain a licence means that landlords could face enforcement action.

If you have a house in multiple occupation (“HMO”),...

Breaching a Lease Covenant

Posted by on October 8th 2018 in Blog Posts, Litigation

Breaching a Lease Covenant

Reiner & Anor v Triplark Ltd [2018] EWCA Civ 2151; a tenant of a flat, had breached a lease covenant for failing to obtain consent to assign her lease, despite the right to manage company failing to comply with statutory requirements.

In the above recent case of Reiner (4 October 2018), the tenant had requested consent to assign her lease, from the right to manage company (“RTM”) for the flats. The sole director of the RTM was the buyer. The RTM deliberately failed to notify the landlord of the proposed assignment in accordance with section 98(4) of the Commonhold and Leasehold...

Theresa May: EU migrants will not get preferential treatment post-Brexit

Posted by on October 2nd 2018 in Blog Posts, Employment

Currently all European Union (“EU”) nationals can live and work in the UK under the Union’s rules regarding free-movement of people. However, post-Brexit plans announced by Theresa May at the Conservative Party Conference today indicate this will all change once the UK leaves the EU.

The proposals would mean that applicants from any country (including those within the EU) will have to meet certain requirements, such as a salary threshold. This system would therefore be geared in favour of more highly skilled workers, and not just based on their country of origin.

Successful applicants would also still be entitled to bring their...

Theresa May has Pledged to Stop High Street Restaurant Chains Deducting Money from Employee's Tips

Posted by on October 1st 2018 in Blog Posts, Employment

Theresa May has Pledged to Stop High Street Restaurant Chains Deducting Money from Employee's Tips

Theresa May has announced planned legislative action aimed at stopping high street chains deducting up to 10% from tips received by their staff. Theresa May said of the Government’s plans:

We will introduce tough new legislation to ensure that workers get to keep all of their tips - banning employers from making any deductions. It's another way we are building an economy that works for everyone."

The current position

The stance restaurants take towards staff tips differs greatly, with some keeping all the tips, some taking a percentage, and some allowing their staff to keep all tips earned. There are also differences...

Parents who Lose a Child to be Entitled to Bereavement Leave

Posted by on October 1st 2018 in Blog Posts, Employment

Parents who Lose a Child to be Entitled to Bereavement Leave

Parental Bereavement (Leave and Pay) Bill received Royal Assent:

The Parental Bereavement (Leave and Pay) Bill (the Bill) introduced a new entitlement for parents to take leave following the death of their child. The proposals set out in the Bill were approved by Parliament on 13 September 2018, making the Bill now the Parental Bereavement (Leave and Pay) Act 2018 (the PBA 2018). This is the first piece of UK legislation that addresses this issue, aiming to support those who are affected by the tragedy of losing a child, and is expected to come into force from 2020.

Pinch Punch First of the Month

Posted by on October 1st 2018 in Blog Posts, Litigation

Pinch Punch First of the Month

Landlords; it’s 1st October 2018.

The Deregulation Act 2015 (“the Act”) now applies to all assured shorthold tenancies (“AST”), whether or not created on or before 1 October 2015 (when the provisions of the Act first came into force).  This means that a Section 21 Notice cannot be served unless the How to Rent Checklist, EPC and Gas Safety Certificate (if applicable) have been supplied to the tenant.

The Act

This note considers the impact of the Act on ASTs that commenced prior to 1 October 2015 and are still in existence, but the requirements of the Act have not been...

Practitioners Insights: To Consult or Not to Consult, and How Do We Do it Well?

Posted by on September 18th 2018 in Blog Posts, Employment

Practitioners Insights: To Consult or Not to Consult, and How Do We Do it Well?

We spend much of our time explaining to employers that they need to consult with their teams over a number of issues. ACAS gives some clarity regarding the overview of what it means, but once you have read their excellent advice, what you really want to know is how to do it.

We can all agree that “Employee communications and consultation are essentially about involving and developing people in an organisation. Employees will be able to perform at their best if they know their duties, obligations and rights and have an opportunity to make their views known to management on issues...

Kitsons launch new Corporate Services Team

Posted by on September 11th 2018 in Kitsons News, Press Releases

(Above photo from left to right: Jonathan Dickson, Rosie Evans, Christian Robertson, Jayme Nicholson, Dominic Hollingsworth, Corri Pedrick and Natalie Carey from Kitsons' Corporate Services Team)

Devon law firm Kitsons has launched a new Corporate Services Team which will provide a seamless advisory service to corporate and commercial clients at all stages of their business.   

Through their combined expertise, the team will offer a holistic approach to advising businesses and can work together to ensure compliance, make the day to day running of the business more efficient, highlight and minimise...

Landmark court case over Widowed Parent's Allowance.

Posted by on September 6th 2018 in Blog Posts

Landmark court case over Widowed Parent's Allowance.

In the matter of an application by Siobhan McLaughlin for Judicial Review (NI) [2018] UKSC 48

On the 30th August 2018 the Supreme Court allowed Ms McLaughlin’s appeal determining that certain requirements of the Widowed Parent’s Allowance (Northern Ireland) was discriminatory and breached the European Convention on Human Rights (“ECHR”).

Facts

Ms McLaughlin’s partner passed away in January 2014. They had lived together for 23 years and had four children. The Northern Ireland Department of Communities rejected Ms McLaughlin’s claims for Widowed Parent’s Allowance (WPA) because they were not married.  Ms McLaughlin subsequently applied for a judicial review of the...

Devon law firm trainees celebrate qualification

Posted by on September 5th 2018 in Kitsons News, Press Releases

(Above photo: Alice Beck (left), and Lauren Baber (right) from Kitsons)

Two trainees at leading Devon law firm Kitsons have qualified as Solicitors following a two-year training programme.

Lauren Baber is celebrating after completing her training contract and securing a permanent position with the firm as a Solicitor in its Litigation department in Exeter. Lauren had previously completed her degree at the University of the West of England and worked as a paralegal before starting her training contract with Kitsons. Over the two years, Lauren has worked in various departments in...

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