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Author Archive: Kitsons Solicitors

The Pitfalls of Property Guardians

Posted by on April 26th 2017 in Blog Posts, Conveyancing

The Pitfalls of Property Guardians

Due to the rise of so called “professional squatters”, property guardians are often enlisted to live in property, which would otherwise be left empty. Guardians are offered low rent accommodation, their presence deterring squatters, arson and vandalism. To reflect a temporary living arrangement, licences rather than a lease is given. Licences are granted as licences are believed to not offer the tenant the same protections of a lease. Recently, however the decision by the Bristol County Court in Camelot Property Management v Roynon (unreported) has shown that property guardianship schemes may not be a risk free temporary arrangement for landowners!

Bristol...

E-Conveyancing - a Move with Times?

Posted by on April 26th 2017 in Blog Posts, Conveyancing

E-Conveyancing - a Move with Times?

A Digital signature has made its first appearance in a residential property transaction.

An electronic signature was used for the first time to exchange contracts in a residential property transaction on the 6th April 2017 at exactly 15:39. This marked the beginning of E-conveyancing and potentially laid down the first brick for the path of the future. 

Solicitors acting on both sides uploaded the agreed contract onto one of the registered secure systems, which was then sent to the respective seller and purchaser to electronically sign. The system was then able to confirm that the document was read and signed,...

President of the Solicitors for the Elderly Praises Kitsons Solicitors

Posted by on April 25th 2017 in Press Releases, Private Client

Lynn Smith a Partner and head of department at local law firm Kitsons Solicitors and Marjorie Creek a Private Client Solicitor in their Plympton branch, both full accredited members of Solicitors for the Elderly, have been singled out for praise by Anne Edis, President of the Solicitors for the Elderly.

The SFE is an independent, national organisation of over 1,500 solicitors, barristers and chartered legal executives, committed to providing the highest quality of legal advice for older and vulnerable people, their families and carers. It has campaigned hard, alongside other organisations, to have the draft Non-Contentious Probate...

The End of Tenants Abuse?

Posted by on April 24th 2017 in Blog Posts

The End of Tenants Abuse?

The Government announced in the 2016 Autumn Statement that it intended to hold a consultation on introducing a ban on letting agents charging residential tenants a fee for finding accommodation. This consultation is due to end on 2nd June 2017. The consultation relates to England. Scotland, with its usual more enlightened approach to such matters, has already banned such fees. The position is under review in Northern Ireland and Wales. It is anticipated that the ban will lead to a “better and more transparent service” and increase competition between agents. It is also intended that it will prevent a tenant...

Isle of Wight Council v Platt [2017]

Posted by on April 18th 2017 in Blog Posts

Isle of Wight Council v Platt [2017]

Isle of Wight Council v Platt [2017]: Supreme Court rules parents can be prosecuted for taking children out of school without permission

On 6 April 2017 the Supreme Court unanimously ruled that a child fails to attend school regularly if they fail to comply with the rules prescribed by the school. Therefore, as set out in Section 444(1) of the Education Act 1996 (the Act), in this case Mr Platt was guilty of an offence:

444. Offence: failure to secure regular attendance at school of registered pupil.

  1. If a child of compulsory school age who is a registered pupil at a...

What Makes a House a House?

Posted by on April 17th 2017 in Blog Posts, Property

What Makes a House a House?

In Grosvenor (Mayfair) Estate v Merix International Ventures Ltd & Another [2017] EWCA Civ 190 the Court of Appeal had to consider what makes a property a house.  If a property is a “house” under the Leasehold Reform Act 1967 (the ’67 Act), then a tenant may be entitled to purchase the freehold or extend their lease. The Court had to apply the law to the facts to determine the entitlement of the tenant.

Certain criteria must be fulfilled to entitle a tenant to enfranchise or extend. The tenant must hold a long leasehold of the property (more than 21 years)...

Can you Enjoy an Easement to use a Golf Course, Swimming Pool and Tennis Court ?

Posted by on April 15th 2017 in Blog Posts, Property

In the case of Regency Villas Title Ltd v others v Diamond Resorts (Europe) Ltd and another [2017] EWCA Civ 238 (“Regency”), the Court of Appeal considered whether the right granted to use a golf course, swimming pool and tennis court was capable of forming a legal easement.   Regency explored the test established in Re Ellenborough Park  [1955] EWCA Civ 4 where the Court of Appeal had to consider the validity of easements, of various kinds, to enjoy recreational facilities.

Regency Villas Title Ltd was the freehold owner of Elham House which lies in the middle...

New Tax & Corporate Partners for Devon Law Firm

Posted by on March 31st 2017 in Corporate, Kitsons News, Press Releases, Private Client

New Tax & Corporate Partners for Devon Law Firm

Devon law firm Kitsons announces two new partner promotions in its Tax Planning and Corporate teams.

With effect from 1st April 2017 Jonathan Dickson and Corri Pedrick, both solicitors in the firm’s Torquay office, will be promoted to Partners.

Corri Pedrick is a solicitor within the firm’s Corporate Department. She has particular interest in commercial drafting and is particularly skilled at assessing risk within commercial agreements. The firm’s Corporate Department’s work is well recognised in both Chambers UK and The Legal 500.

Jonathan Dickson is dual qualified as a Private Client Solicitor and taxation technician. He has particular expertise in tax...

Leading Law Firm Appoint New Associates

Posted by on March 27th 2017 in Press Releases

Leading Law Firm Appoint New Associates

Kitsons Solicitors are pleased to announce that Rory Wakeling and John Clarke have been promoted to Associates.

Rory Wakeling, who trained with Kitsons qualifying as a solicitor into Kitsons Employment law team in 2013 and consistently praised by clients for his “clear, concise and thorough advice” said: “I’m thrilled to have been promoted to Associate. Kitsons has a brilliant ethos and culture. I work alongside some great people, great clients and I am proud to work for Kitsons. I am excited to be part of the Firm’s continued growth and success.”

John Clarke based at Kitsons Torquay Office,...

Top Award for Kitsons Solicitors Supporting Elderly Clients

Posted by on March 21st 2017 in Press Releases, Private Client

Private client Solicitor Marjorie Creek, who works at local law firm Kitsons Solicitors in their Plympton office, has been recognised with a prestigious elderly care qualification.

After passing the ‘Older Client Care in Practice’ award, Marjorie undertook further study and passed the ‘Older Client Law in Practice’ award to become a fully accredited member of Solicitors for the Elderly (SFE) and will join Kitsons Partner, Lynn Smith who acquired the SFE award several years ago.

 

Marjorie is also a registered nurse, so has extensive experience of caring for and working with vulnerable people of...

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