13,395 active listings

A Little About Us

The George Ide LLP Blog specialises in providing a host of information regarding personal injury claims, what to do in the event of medical negligence, personal grievances and a wide range of other legal matters. From wills and probate to why you should consider an insurance policy, the George Ide blog is designed to provide helpful advice and insight into a number of legal situations.

Listing Details

• Listing ID:
• 29467 Get VIP Status?

• Website Language:
• English

• Website URL:
• https://www.georgeide.co.uk/blog/
• Google Pagerank:
• 2

• Website Tags:
• claims
• solicitors
• injury
• accident
• personal
• london
• lawyers
• compensation

• Categories:
• Personal Injury Lawyers

• Audience Rating:
• All Ages

• Platform:
• WordPress

Listing Statistics

• Total Visits: 1,447
• Rate Blog
• Review Blog (0)

Add ReviewMe Button

Add SEO Score Button

Google Adsense™ Share Program

Alexa Web Ranking: 9,320,017

Example Ad for George Ide LLP Solicitors

This what your George Ide LLP Solicitors Blog Ad will look like to visitors! Of course you will want to use keywords and ad targeting to get the most out of your ad campaign! So purchase an ad space today before there all gone!

https://www.bloggingfusion.com

.

notice: Total Ad Spaces Available: (2) ad spaces remaining of (2)

Subscribe to George Ide LLP Solicitors

WOW! Who else feels like they have been on the fastest roller coaster, steepest log flume and through the most powerful car wash all at once? Welcome to COVID-19 the public health crisis 2020. Life... The post Divorce, Children and Finances – but not as we know it. appeared first on George...

WOW! Who else feels like they have been on the fastest roller coaster, steepest log flume and through the most powerful car wash all at once? Welcome to COVID-19 the public health crisis 2020.

Life looks, feels and IS very different than it was a mere 7 or is it 8 weeks ago. My office is now my back bedroom equipped with an almost complete IT suite and numerous files. My phone is a mobile whose battery keeps dying. I am becoming quite proficient at video calls on several platforms and I am slowly mastering some pdf software which is truly revolutionising my life. I am working alone as my team are furloughed and at times life feels quite isolated. My family are also furloughed. The upside is that I am regularly supplied with refreshments, the downside is I don’t get to join in their exercise regimes and enjoyment of the sun – but green has never been my colour!

So, life as a family lawyer continues, and cases continue to progress; some faster than others. Some are stalled because we cannot value properties or do not know what earning capacity might exist post lockdown. Advice is given cautiously and, for many couples, making a final financial decision is on hold.

Couples are still getting divorced and disputes still arise regarding arrangements for children. When the country was put into lockdown the government was initially criticised for not offering clear advice to separated parents. This was quickly addressed, and it was confirmed that children moving between households for co-parenting reasons was an exception to the usual rules. There followed guidance from the President of the Family Division for parents with court orders in place, making it clear that orders should be adhered to where safe to do so. The President also recognised that some parents would disagree about what was safe for their children; he encouraged parents to find solutions and to ensure the spirit of orders were maintained even if physical contact was not.

The courts immediate priority is to deal with matters where child protection issues exist, or domestic abuse is an issue. Couples are being actively encouraged to use other dispute resolution tools such as mediation, arbitration or early neutral evaluation.  The profession has responded swiftly and admirably to be able to effectively deliver these services by online video conferencing facilities. These services can also be invaluable in working out temporary arrangements to help families over this difficult period.

At George Ide we remain available to assist you with all these services. Please contact us on 01243 786668 or at info@georgeide.co.uk

Tina Day. Head, Family department.

The post Divorce, Children and Finances – but not as we know it. appeared first on George Ide.

Our Private client team have been working remotely and working hard endeavouring to offer support to our existing and many new clients. During this extremely difficult time, we are continuing to deliver an excellent Will... The post Will writing in lockdown. “Where there is a Will, there is a way” appeared first on George...

Our Private client team have been working remotely and working hard endeavouring to offer support to our existing and many new clients. During this extremely difficult time, we are continuing to deliver an excellent Will writing service.

In view of changing priorities during lockdown and weeks spent isolating at home, clients have found this a good time to put their affairs in order.

We have had enquiries from a broad section of clients across all ages proving that it is not just the elderly and people with existing health conditions or, those threatened by close contact with others, who are worried and concerned. We have found young people, single and with families alike, are also eager to take the right steps to ensure they put their affairs in order.

As always, we have the best interests of our clients at heart. We have become creative and have come up with some innovative ways to help and ensure our clients can sign their Wills and have the peace of mind that their wishes are carried out.

1837 Will writing laws have certainly been challenging for our team during lockdown and ensuring that we are adhering to the government’s isolation and social distancing guidelines.

We initially speak to clients at length on the telephone and by email to establish individual circumstances and requirements before advising and taking instructions and preparing a draft Will. Further careful discussions and telephone consultations take place before the Will is finalised and an adaptable, safe and well thought out way of signing is put in place suitable for each individual and their circumstances.

In recent weeks Wills have been signed and witnessed in a very different way some humorous and others that have been extremely sad.

We have watched signatures and witnessed through windows, standing in driveways under open garage doors and umbrellas as a result of a sudden heavy shower. Documents have been held in place by window wiper blades and signed on car bonnets. Our team ensuring that our clients are protected and safe, everyone using their own pen and disposable gloves. The use of hand sanitiser has also been provided.

During these uncertain and unprecedented times, it is essential to plan what happens to your assets should the worst happen to you. Making a Will gives piece of mind for you and protection for your loved ones.

If you or someone you know needs a Will and would like our help please telephone Ursula Watt, Jan Conrad or Leanne McGauley on 01243 786668 for advice and to discuss further.

“Where there is a Will, there is a way”

Jan Conrad. Legal Executive, Private Client department.

The post Will writing in lockdown. “Where there is a Will, there is a way” appeared first on George Ide.

Since the introduction of the Government’s ‘Stay at home, stay safe’ policy to tackle the Covid-19 pandemic, those of us who are able to work from home have done so. However, not everyone has this... The post COVID-19: The Impact on Commercial Leases- a guide for Tenants appeared first on George...

Since the introduction of the Government’s ‘Stay at home, stay safe’ policy to tackle the Covid-19 pandemic, those of us who are able to work from home have done so. However, not everyone has this option, and many businesses have been forced to close, while others are suffering from the immediate financial damage caused by the loss of trade, the enforced change in our spending habits, and how we are currently obliged to live our lives.

With the introduction of the Coronavirus Act 2020 which came into force on 26 March 2020 (“the Coronavirus Act”) and the uncertainty created by the current economic hibernation, landlords and tenants will both be looking at their leases, and thinking about the steps they could to help preserve their business, look after the landlord and tenant relationship and address any immediate cashflow issues.

The following points may be of interest to Tenants of Commercial Properties:

Rent

Review your lease and, if need be, seek legal advice from specialist lawyers about the terms concerning rent and service charge payment if they are unclear, particularly with regard to the strict obligations, or the implications of non-payment.

Some modern leases include provision for the tenants to stop paying rent and in some circumstances to even walk away. However often, this ability is usually heavily restricted, subject to conditions and does not customarily address a pandemic scenario.

Whilst the Coronavirus Act states that relevant business tenants cannot be evicted for non- payment of rent during the quarter due to end on 30^th June, it does not give tenants the right to unilaterally stop paying rent.

Initially tenants should speak openly to their landlord to try and reach an amicable agreement – be it to switch from quarterly to monthly rental payments; asking for a rent-free period; a rent reduction or an agreed payment holiday.

The Government is encouraging tenants and landlords to negotiate openly and in a spirit of collaboration, especially as the gravity of the situation we find ourselves in is being faced by the whole business community. This does not however mean that landlords can be forced to agree any variation.

It is worth noting that interest is usually payable on any arrears, and in some cases delayed payments, and this will likely still accrue on any unpaid sum unless there is agreement to the contrary.

2. Other Lease obligations

Many businesses are currently prohibited from opening as a result of the guidelines imposed by the Government. This does not however automatically terminate tenant’s obligations under their lease which will continue unless otherwise agreed with the landlord.

Tenants should check their leases for the following:-

• An obligation to ‘keep open’ at certain times;
• Requirements relating to insurance;
• Requirements relating to occupancy and/or the security and safety of the premises;

Some tenants may find themselves inadvertently in breach of these sorts of provisions, purely because of the enforced shutdown, and they should tell their landlord immediately if this is the case – particularly as this may require the input of the Insurers.

3. Force Majeure and Frustration
   

The effects of Coronavirus have raised the question as to whether ‘get out provisions’ such as force majeure and frustration can be pursued. “Force majeure” is a legal term meaning, briefly, an act of God, or external event out of the control of the parties to a contract which may bring it to an end, or modify the obligations in the contract. A lease is of course just a special sort of contract. “Frustration” in this legal sense means, briefly, that a contract can be ended if the reason for its existence comes to an end

It would be unusual for a commercial lease to include a force majeure provision.

However, if you find that you do benefit from such a clause it is worth considering if it would help in the current crisis. Unfortunately there is little guidance available now regarding force majeure and COVID-19, as there are no direct precedent cases to rely on.

Again it is very unlikely a lease will contain an express frustration clause. Even so, it is still theoretically possible for a tenant to argue that their lease has been “frustrated”, but this will be notoriously difficult to prove in legal terms. A tenant must provide solid evidence that due to an completely unforeseen event (which is not their fault) the terms and obligations under their lease can no longer be performed as they are now radically different from those which were agreed. The current academic thought is that it will be difficult for tenants to successfully claim that their lease has been frustrated, as opposed to just being more onerous, by the pandemic.

4. Bringing Leases to an end
   

There will be some tenants who will struggle more than others and those who find themselves in a dire position are likely to be looking to terminate their obligations completely, or at least pass them on to a third party. Tenants will need to review their leases to see whether any of the following are provided for:

• Break Clause: a conveniently timed break clause may be available to some tenants and this will be provided for in the lease. If this is available, the tenant will need to serve formal notice on their landlord strictly in accordance with the lease. This will secure a way out of any future rent and other lease obligations. A break clause is usually subject to conditions, defined timescales and typically only for a certain date. This is worth checking as a matter of urgency so that you can diarise the appropriate date/s, particularly as time is often of the essence to serve the notices
• Surrender: tenants could attempt to negotiate to surrender the lease back early to the landlord, thus bringing the lease formally to an end. Take note that a surrender will only be secured on terms agreed by the landlord and the landlord is within its rights to request compensation (there is no obligation on your landlord to act benevolently in these circumstances);
• Assignment or Underletting: if a surrender is not available, the tenant could look to secure another tenant to either transfer (assign) their lease to or sublet it to. If successful, the lease will often require the landlord’s consent to an assignment or an underletting. Tenants will need to bear in mind that many leases provide the landlord with the ability to place their own obligations, such as an authorised guarantee agreement in which the current tenant will guarantee performance by the new tenant so they will still fall foul of the obligations of the respective lease if the new tenant cannot uphold these. The Tenant may of course, find the current market for premises is turbulent due to the uncertainty we are experiencing, so the advice of a Commercial Agent might be valuable at an early stage.

5. Lease Renewal

A fear of many tenants is that if they fail to pay the rent on time, their landlord will use this as a reason to delay or reject any application for a lease renewal.

If a lease benefits from the security of tenure protection of the Landlord and Tenant Act 1954 (the “1954 Act), then the landlord cannot use the delays in paying the rent over the next three months as grounds to oppose the lease renewal under the 1954 Act – as non-payment must be “persistent” for the landlord to prove the ground for opposition. So those tenants who benefit from the protection of the 1954 Act should consider their options at this time and consult a Commercial Surveyor to see whether there is advantage to be had in formally triggering the renewal process and/or gearing up for making application to the Court for an interim rent order to benefit for an earlier reduction in rent if the landlord is failing to engage in discussions.

Tenants whose leases have been ‘contracted out’ (excluded) from the protection of the 1954 Act will not benefit from the right to remain in occupation at the end of the lease. If their lease is due to end imminently the tenants should take this opportunity to be open with their landlords if they are currently uncertain about committing to a new lease – short term options, such as a Tenancy at Will or an extension of the length of the existing lease may be agreed by a sympathetic landlord. Tenants should not ‘bury their heads in the sand’ and avoid the matter as without the protection of the 1954 Act they might find themselves on the wrong side of an action for trespass at the end of their lease.

6. Insurance
   

Tenants should check their own insurance policies to ascertain whether the losses due to Coronavirus are covered. This is not only in relation to buildings insurance but also wish to check general liability insurance, loss of rent policies, business interruption policy, crisis management insurance and mitigation insurance. The Association of British Insurers has reported that many policies for business interruption have specifically excluded infection diseases resulting from Coronavirus, however this is not a blanket exclusion and so it is always worth checking the individual policy.

7. Common parts and Centres
   

If the landlord decides to close a centre of which the tenant’s premises form part, or any common parts, tenants should check their leases to find out the landlord’s obligations as this could potentially give rise to a claim against the landlord.

Please note that this guidance note has been prepared as at 1 April 2020 and reflects the current guidance made available to us at this time. The situation with Covid-19 is particularly fluid, with a multitude of Government regulation and guidance made publicly available daily. We cannot guarantee the accuracy of the information as at the date you are reading the guidance and you should follow up on any matters of concern to check the current available guidance.

Aimee Ellery. Solicitor, Commercial property department.

The post COVID-19: The Impact on Commercial Leases- a guide for Tenants appeared first on George Ide.

Since the introduction of the Government’s ‘Stay at home, stay safe’ policy to tackle the Covid-19 pandemic, those of us who are able to work from home have done so. However, not everyone has this... The post COVID-19: The Impact on Commercial Leases- a guide for Landlords appeared first on George...

Since the introduction of the Government’s ‘Stay at home, stay safe’ policy to tackle the Covid-19 pandemic, those of us who are able to work from home have done so. However, not everyone has this option, and many businesses have been forced to close, while others are suffering from the immediate financial damage caused by the loss of trade, the enforced change in our spending habits, and how we are currently obliged to live our lives.

With the introduction of the Coronavirus Act 2020 which came into force on 26 March 2020 (“the Coronavirus Act”) and the uncertainty created by the current economic hibernation, landlords and tenants will both be looking at their leases, and thinking about the steps they could to help preserve their business, look after the landlord and tenant relationship and address any immediate cashflow issues.

The following points may be of interest to Landlords of Commercial Properties:

1. Rent and Remedies Available for Non-payment

The Coronavirus Act does not afford a Tenant a unilateral right not to pay the correct rent and at some point, the correct rent will become due/payable together with interest (if provided for within the lease). The tenant remains liable for their obligations under the lease unless the parties agree otherwise.

It is, however, encouraged that both landlords and tenants should look to find a compromise for the immediate future – whether that be to switch from quarterly to monthly rental payments; agreeing an immediate rent-free period; or some other adjustment. Parties should work together as best they can and approach negotiations with a degree of flexibility, especially given the gravity of the situation we find ourselves in which is being faced by the global business community.

Whilst a rarity, there are some leases in which the rents payable by the tenants are calculated either wholly or partly by the actual turnover received by the tenant’s business trading from a particular premise. Therefore, if a lease is based on a ‘turnover rent’ these landlords and tenants may wish to consider discussing a ‘rent holiday’, especially where the rent is based on several months’ historic trading or where there are deeming provisions which kick in if the premises are not being used.

The majority of commercial leases will include a forfeiture clause allowing the landlord to evict a tenant, re-enter the premises or simply change the locks if any rent is unpaid for a defined period. The Coronavirus Act contains express protection for business tenants, preventing landlords from evicting tenants for late payment of the quarter rent from 25 March 2020 until 30 June 2020 (called “the Covid–19 relevant period”). It may be that this inability to evict will be extended. This suspension will also relate to any service charge or insurance payments as well.

The suspension of the landlord’s remedy of forfeiture does not, as such, give the tenant a right not to pay the correct amount of rent and at some point, the rent will become payable together with interest (if provided for within the lease); the tenant is still liable for their obligations under the lease. Given that the landlord effectively has no recourse for non-payment however, there may be little the landlord can do in practical terms

In addition landlords should bear in mind that, any forfeiture proceeding which has been instigated prior to the Covid-19 relevant period will currently be delayed until 30 June 2020.

Whilst the Coronavirus Act has prohibited eviction for late payment it has not affected the other remedies for landlords in relation to unpaid rent. Therefore, if rent or other charges under the Lease remain unpaid or become unpaid, the Landlord might consider service of a statutory demand on the respective tenant requesting payment within 21 days of the demand’s date. In turn, if the particular tenant should fail to make payment within that timeframe or negotiate a new position with the landlord, the landlord is entitled to petition for the tenant’s bankruptcy or wind up the tenant company. From a practical perspective, this is quite a drastic route and how beneficial it would be for the Landlord is questionable, especially if the tenant is already financially disadvantaged. This particular route may be better suited therefore for tenants who are simply withholding funds, but caution is advised.

2. Refrain from action
   

Understandably many landlords will be tempted to take steps against the tenant failing to comply with its obligations, especially with regards to rent and other payments. However, it may be better for landlords to consider the practicality of robust steps during this period. Legal issues aside, the commercial impact of such action on a landlord’s reputation, how steps will be implemented and how it will affect their future relationship with the tenant should also be taken into account. Landlords are unlikely to want to be in a position where they are burdened with vacant properties; not only does this lead to a lack of rental income it also places the responsibilities of the property ownership back on the landlords i.e. liability for business rates, payment of insurance premium without reimbursements and other costs of the property.

The prudent approach for the majority of landlords will be to consider working with their tenants through the months ahead to ensure that once we return to normal they are not left with empty properties. Landlords may also find that in providing the tenants with some leniency such as rent cessation, rent holidays or engaging in proactive communication with the tenants, it will lead to some tenants remaining loyal and to a good reputation. In turn this could then lead to negotiations concerning new or reversionary leases which extend the term of the current leases.

3. Common Parts and Covid-19 

Landlords will need to consider their obligations in relation to any common parts.. They should consider not only the responsibility placed on the tenants to sanitise and clean areas but also whether there is a responsibility to deep clean the common areas of the property. If landlords do consider it to be their responsibility, it is likely that under the terms of the lease, they will be able to ask the tenants to reimburse any payments of the costs incurred for the clean via the service charges. Landlords are encouraged to review their leases to ensure that they are aware of the terms.

If the landlord decides to close a centre of which a tenant’s premises is part of or any common parts, landlords will need to check their leases as to their obligations and the potential claims tenants could make against them. In addition, landlords should consider the position concerning service charge payments.

4. Obligations within the Lease
   

It would be advisable for landlords to check their leases to confirm the requirements placed on them, even when their tenants are unable to operate, as landlords will still wish to ensure they continue to comply with any such obligations.

5. Rent Reviews
   

There may be a rent review due. If the current rent sufficiently covers any overheads, landlords may consider deferring the rent review until we are in a healthier climate. It would be best to check whether the rent review clause in the lease states that “time is not of the essence” as this will mean that the landlord can carry out the rent review after the normal date. If the clause states that time is of the essence, or doesn’t mention it,, the landlord must carry out the rent review on the due date stated, or lose the right to review.

As many will recall, if there is a rent review and it is carried out after the usual rent review date, the tenant must pay the new rent from the date that the rent review was triggered and that any difference which applies following a delayed review will be payable immediately in arrears and often with interest.

For the majority of leases, the valuation of the rent will usually take place on the rent review date defined in the lease, so the landlord will need to consider the current market. This will mean that for rent reviews which are based on open market, or those that are RPI linked, that were to occur prior to the Coronavirus outbreak, the valuation will reflect the pre-Coronavirus position; therefore, those which are to occur during the Coronavirus outbreak will consider the position of the economy during the outbreak. This could substantially affect the reviewed, though most rent review clauses will be “upward only”.

6. Insurance
   

Landlords should check their insurance policies to find out whether any losses due to Coronavirus are covered. This is not only in relation to building insurance (if they are liable for it) but they may also wish to check their general liability insurance, loss of rent policies, business interruption policy, crisis management insurance and mitigation insurance. It may be worth also speaking to the insurer.

Please note that this guidance note has been prepared as at 1 April 2020 and reflects the current guidance made available to us at this time. The situation with Covid-19 is particularly fluid, with a multitude of Government regulation and guidance made publicly available daily. We cannot guarantee the accuracy of the information as at the date you are reading the guidance and you should follow up on any matters of concern to check the current available guidance

Aimee Ellery. Solicitor, Commercial property department

The post COVID-19: The Impact on Commercial Leases- a guide for Landlords appeared first on George Ide.

At George Ide LLP, we recognise the extraordinary work being undertaken by our Keyworkers each and every day during the Coronavirus crisis. We want to show our appreciation to those who are doing so much... The post Key Worker Will Discount Scheme appeared first on George...

At George Ide LLP, we recognise the extraordinary work being undertaken by our Keyworkers each and every day during the Coronavirus crisis.

We want to show our appreciation to those who are doing so much for us. Thus, we are offering a discount of £50 plus VAT on our standard  will writing fees for any instructions that we receive between 20^th April 2020 and 1^st June 2020 from anyone recognised as a Keyworker by the UK Government.

Keyworkers include those employed in the following sectors:

• Health and social care;
• Education and childcare;
• Key public services;
• Local and national government;
• Food and other necessary goods;
• Public safety and national security;
• Transportation; or
• Utilities, communication and financial services.

We consider the safety of our staff and clients to be of the utmost importance, thus we have developed a process that allows us to both take instructions and prepare wills without the need for any face-to-face meetings.

Thank you to all of our Keyworkers.

For further information please contact our Private Client Department on 01243 786668 or email a member of our team at either jan.conrad@georgeide.co.uk or leanne.mcgauley@georgeide.co.uk.

The post Key Worker Will Discount Scheme appeared first on George Ide.

As property lawyers we spend a great deal of time ensuring that when contracts are exchanged, it is on clear precise terms and all parties know exactly what they need to do to make sure... The post Conveyancing during the Coronavirus Lockdown appeared first on George...

As property lawyers we spend a great deal of time ensuring that when contracts are exchanged, it is on clear precise terms and all parties know exactly what they need to do to make sure completion takes place by a specified time and date. If either party defaults on the terms on the contract, then damages can be awarded and in some circumstances the deposit forfeited.

On Thursday night, the housing market was effectively suspended by the government. Ministers issued official guidance telling people in the early stages of buying or selling their home to delay transactions.

For those who had already exchanged contracts they found themselves faced with a legal dilemma as they approach now unattainable completion dates. Contractually, they are bound to complete, or they will get sued. Whilst many are able to provide funds to complete, they couldn’t physically move because removal companies are refusing to work. It is no surprise that many parties feel incredibly frustrated as they face the likelihood of breaching their contracts in an unprecedented scenario totally outside their control. The requirement for certainty was thrown into turmoil.

The only comfort we could offer our clients was that everyone was in the same boat and that all conveyancers were doing everything they could to help. One thing this lockdown has shown is how all parties are keen to work together to find workable solutions that do not involve imposing sanctions.

The Law Society has implemented guidance to ensure we can incorporate terms into the contracts which allow flexibility to facilitate conveyancing transactions during this lockdown and the link to this guidance is attached: https://www.lawsociety.org.uk/support-services/advice/articles/guidance-to-conveyancers-advising-clients-on-house-moves/

For property owners who were due to market their properties, they will have no option but to put this on hold. Visitors are not allowed into properties, including estate agents, surveyors and potential buyers. Restrictions on people’s movements mean that homes cannot be valued by surveyors in person.

There is speculation that the coronavirus will cause a drop-in property prices and as such it would appear that some of biggest lenders have stopped offering loans to those purchasers with smaller deposits and the self-employed. Buy-to-let mortgages have also been affected.

Only time will tell what impact this shut down will have on the property market, but we have many eager clients who are desperate to resume their transactions at the first available opportunity. As conveyancers, we will do everything we can to assist them.

Lisa Youden, Residential conveyancing department

The post Conveyancing during the Coronavirus Lockdown appeared first on George Ide.

Other Related Blogs

• McCarthy and Co. Solicitors Blog

Link to Category: Personal Injury Lawyers

Or if you prefer use one of our linkware images? Click here