Cirencester

01285 654875

 

 

 

Gloucester

01452 508800

 

enquiries
@daveylaw.co.uk

 

 

 

Cirencester

01285 654875

Gloucester

01452 508800

enquiries
@daveylaw.co.uk

 

Cirencester

01285 654875

Gloucester

01452 508800

enquiries
@daveylaw.co.uk

 

Residential Property

Probate

Wills

Agricultural Property

Children

Personal Injury

We provide practical legal solutions for personal and business issues in Gloucestershire and throughout England and Wales.

Come and have a cup of tea with us, sit down and let us help you towards resolutions that meet your needs.

If you want to relax knowing that your affairs are all in order come and visit us at our Cirencester or Gloucester offices, or let us come to you.  All you need to do is give us a call.

Contact us today:   Cirencester 01285 654875     Gloucester 01452 508800     enquiries@daveylaw.co.uk

If you have any concerns with regard to a Landlord and Tenant matter, please contact:

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

Commercial Property

A reminder for Landlords regarding the right of a Tenant to rent: The Immigration Act 2014

From 1st February 2016 Landlords have been required to carry out checks to ensure that their prospective Tenants have the right to be in the UK before renting property to them. This is known as the “Right to Rent”.

The legislation, requires Landlords throughout England to carry out checks on Tenants, lodgers and those who sub-let, on or after that date. Landlords may appoint an agent to carry out checks on their behalf but are advised to enter into a written agreement so that there can be no doubt later. Failure to carry out checks or to rent to a Tenant who has no ‘Right to Rent’ will result in a fine payable by the Landlord (or his agent).

In practice, the Landlord will check the Tenant(s) passport and in general terms, EU and Swiss citizens have indefinite leave to remain in the UK at present. Other nationals may also have indefinite leave to remain, which will be evident from his or her passport. If a prospective Tenant has limited leave to remain, the Landlord should conduct a fresh check on expiry.  This is catching out a number of Landlords, who assume that checks only need to be carried out on subsequent renewal of the tenancy. Enquiries can be made of the Home Office.

If an agreement is renewed without a gap in occupation, there is no need to obtain proof of a Tenant’s Right to Rent, but if there is a break in occupation, evidence must be obtained. If you rent to students who have been absent from your property during the summer holidays and you are about to enter into a fresh agreement now, you must carry out checks.

Checks need to be carried out on everyone over the age of 18 who will use the property as their main or only home – even if they are not named on the tenancy agreement and regardless of whether the tenancy agreement is written, oral or implied. Landlords should satisfy themselves that any child is indeed under 18 and evidence of such checks will be required.

The Landlord or agent should carry out the checks before allowing the prospective Tenant(s) to live in the property. The Landlord should take photocopies of all prospective occupiers’ documents, date them and retain them for 12 months after the tenancy has ended. A Landlord who does not make reasonable enquires may be liable for a penalty. 

The Immigration Act 2014 provision regarding rent checks was implemented pre “Brexit” and will no doubt be amended once Article 50 is implemented. 

Commercial Property

A reminder for Landlords regarding the right of a Tenant to rent: The Immigration Act 2014

From 1st February 2016 Landlords have been required to carry out checks to ensure that their prospective Tenants have the right to be in the UK before renting property to them. This is known as the “Right to Rent”.

The legislation, requires Landlords throughout England to carry out checks on Tenants, lodgers and those who sub-let, on or after that date. Landlords may appoint an agent to carry out checks on their behalf but are advised to enter into a written agreement so that there can be no doubt later. Failure to carry out checks or to rent to a Tenant who has no ‘Right to Rent’ will result in a fine payable by the Landlord (or his agent).

In practice, the Landlord will check the Tenant(s) passport and in general terms, EU and Swiss citizens have indefinite leave to remain in the UK at present. Other nationals may also have indefinite leave to remain, which will be evident from his or her passport. If a prospective Tenant has limited leave to remain, the Landlord should conduct a fresh check on expiry.  This is catching out a number of Landlords, who assume that checks only need to be carried out on subsequent renewal of the tenancy. Enquiries can be made of the Home Office.

If an agreement is renewed without a gap in occupation, there is no need to obtain proof of a Tenant’s Right to Rent, but if there is a break in occupation, evidence must be obtained. If you rent to students who have been absent from your property during the summer holidays and you are about to enter into a fresh agreement now, you must carry out checks.

Checks need to be carried out on everyone over the age of 18 who will use the property as their main or only home – even if they are not named on the tenancy agreement and regardless of whether the tenancy agreement is written, oral or implied. Landlords should satisfy themselves that any child is indeed under 18 and evidence of such checks will be required.

The Landlord or agent should carry out the checks before allowing the prospective Tenant(s) to live in the property. The Landlord should take photocopies of all prospective occupiers’ documents, date them and retain them for 12 months after the tenancy has ended. A Landlord who does not make reasonable enquires may be liable for a penalty. 

The Immigration Act 2014 provision regarding rent checks was implemented pre “Brexit” and will no doubt be amended once Article 50 is implemented. 

If you have any concerns with regard to a Landlord and Tenant matter, please contact:

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

Latest News

How to Write a Will – 7 Things to Consider

What Should you Consider when Writing a Will? Studies have shown that Brits throughout the UK are not very good at talking about their death. When it comes to planning the distribution of your estate after your death, you may not know exactly where to start. The...

read more

The Cotswold Show in Review

This weekend saw the return of one of the largest events in the Cirencester calendar, The Cotswold Show. Hosted by Lord Bathurst at the Bathurst Estate, the Cotswold Show celebrates the very best of what makes the Cotswolds so characteristic. This year, Davey Law had...

read more

 

Probate & Tax Planning

It is never too early to think about estate planning however if you were born before 1970 now is the time to really start planning. Prudent estate planning utilises statutory exemptions, allowances and reliefs.  

There are many considerations and you may well need financial advice however the main things to think about are:

Wills There have been several significant changes to the inheritance tax rules in recent years which may mean that if you have an old will it may now be out of date.

Lasting powers of attorney Who would take care of your affairs if you lost capacity?

Provision for yourself and Pensions Care and nursing homes can be expensive and so it is important to plan and prepare for and mitigate these costs.

The pension regime has undergone significant reform over the last few years and continues to evolve.  

Lifetime gifting and planning opportunities It makes sense from an IHT perspective to make gifts during your lifetime.

Allowances and reliefs Are you making the most of the allowances and reliefs available?

There are a number of ways of giving money away during your lifetime that can help to reduce the value of your estate.

Charitable giving Any gifts to charity are tax free and can reduce the tax levied on the residual estate.

If you would like more information about our wills, tax planning, probate and trusts legal advice and services, contact us.

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

 

Probate & Tax Planning

It is never too early to think about estate planning however if you were born before 1970 now is the time to really start planning. Prudent estate planning utilises statutory exemptions, allowances and reliefs.  

There are many considerations and you may well need financial advice however the main things to think about are:

Wills There have been several significant changes to the inheritance tax rules in recent years which may mean that if you have an old will it may now be out of date.

Lasting powers of attorney Who would take care of your affairs if you lost capacity?

Provision for yourself and Pensions Care and nursing homes can be expensive and so it is important to plan and prepare for and mitigate these costs.

The pension regime has undergone significant reform over the last few years and continues to evolve.  

Lifetime gifting and planning opportunities It makes sense from an IHT perspective to make gifts during your lifetime.

Allowances and reliefs Are you making the most of the allowances and reliefs available?

There are a number of ways of giving money away during your lifetime that can help to reduce the value of your estate.

Charitable giving Any gifts to charity are tax free and can reduce the tax levied on the residual estate.

If you would like more information about our wills, tax planning, probate and trusts legal advice and services, contact us.

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

Talk to us today about buying or selling your property:

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

Residential Property

We make buying your home as straightforward as possible

When buying or selling a property, whether it’s your own home or for investment purposes, you want the process to be as straightforward as possible. We understand that this is likely to be one of the largest investments of your life, and that you might have lots of questions and concerns, and we will guide you through the process.

At Davey Law we take a practical approach and you will benefit from personal contact and attention from one of our experienced residential property specialist solicitors or legal executives.  You can be confident in the knowledge that they will be applying the rigorous quality standards required by the Law Society in its Conveyancing Quality Scheme.

We provide competitively priced services tailored to your situation, and we are happy to explain in clear and concise language the legal procedures and timings involved.

 

Residential Property

We make buying your home as straightforward as possible

When buying or selling a property, whether it’s your own home or for investment purposes, you want the process to be as straightforward as possible. We understand that this is likely to be one of the largest investments of your life, and that you might have lots of questions and concerns, and we will guide you through the process.

At Davey Law we take a practical approach and you will benefit from personal contact and attention from one of our experienced residential property specialist solicitors or legal executives.  You can be confident in the knowledge that they will be applying the rigorous quality standards required by the Law Society in its Conveyancing Quality Scheme.

We provide competitively priced services tailored to your situation, and we are happy to explain in clear and concise language the legal procedures and timings involved.

 

Talk to us today about buying or selling your property:

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

Power of Attorney

Martin Lewis, known to many as the Money Saving Expert, appeared on This Morning ITV in October 2018 to talk about wills and Power of Attorney.

Martin Lewis said that he felt Power of Attorney is even more important than a will in many ways and urged people to get one as soon as possible.

He explained that in his view when you die then you’re gone, but if you lose your faculties through say a stroke or dementia, “don’t assume relatives can walk into the bank and access your money – not even if it’s just to pay for your care.”

Martin explained “If you’re not prepared, and your family have to take charge of your affairs, they will need to apply to take over via the Court of Protection.

“This is a nightmare for many families that can drag on for many months.”

He said: “I hear many horror stories like Norma who said: “I just wish we’d managed to get Power of Attorney instead, when Dad was more capable.

“He got ill very fast and we couldn’t implement it’.”

Martin added: “Getting a Lasting Power of Attorney (LPA) now while you have the mental capacity, where you nominate a trusted friend or relative to look after your affairs, will avoid chaotic situations later down the line.”

Talk to us about setting up Powers of Attorney:

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

Power of Attorney

Martin Lewis, known to many as the Money Saving Expert, appeared on This Morning ITV in October 2018 to talk about wills and Power of Attorney.

Martin Lewis said that he felt Power of Attorney is even more important than a will in many ways and urged people to get one as soon as possible.

He explained that in his view when you die then you’re gone, but if you lose your faculties through say a stroke or dementia, “don’t assume relatives can walk into the bank and access your money – not even if it’s just to pay for your care.”

Martin explained “If you’re not prepared, and your family have to take charge of your affairs, they will need to apply to take over via the Court of Protection.

“This is a nightmare for many families that can drag on for many months.”

He said: “I hear many horror stories like Norma who said: “I just wish we’d managed to get Power of Attorney instead, when Dad was more capable.

“He got ill very fast and we couldn’t implement it’.”

Martin added: “Getting a Lasting Power of Attorney (LPA) now while you have the mental capacity, where you nominate a trusted friend or relative to look after your affairs, will avoid chaotic situations later down the line.”

Talk to us about setting up Powers of Attorney:

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

Talk to us today about Personal Injury:

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

 

What is a personal injury?

The answer seems obvious but this was a question faced by the High Court in Liverpool in a recent group action of Saunderson & ors v Sonae Industria (UK) Ltd [2015].

In Saunderson a major fire at the defendant’s manufacturing plant resulted in 40 of the 16,626 local residents, who had been exposed to the smoke, bringing a joint claim for a variety of symptoms. Within a couple of days of the fire each claimant complained of itchy eyes, nasal symptoms of blocked or runny noses, sore throats, severe coughing, breathlessness, wheeziness and some with skin symptoms.

Mr Justice Jay considered the comments in Rothwell and concluded that the symptoms described constituted ‘a transient, trifling, self-limiting, reversible reaction to an irritant’ which in his view was not sufficient for an “actionable injury”. He described the symptoms as an irritation rather than inflammation, the symptoms of which lasted no more than a week.

Mr Justice Jay dismissed the claims.

This case goes to show that some loss must arise from an injury before a claim can be brought.

Once again it proves that proper legal advice should always be sought by anyone wishing to bring a claim.

 

What is a personal injury?

The answer seems obvious but this was a question faced by the High Court in Liverpool in a recent group action of Saunderson & ors v Sonae Industria (UK) Ltd [2015].

In Saunderson a major fire at the defendant’s manufacturing plant resulted in 40 of the 16,626 local residents, who had been exposed to the smoke, bringing a joint claim for a variety of symptoms. Within a couple of days of the fire each claimant complained of itchy eyes, nasal symptoms of blocked or runny noses, sore throats, severe coughing, breathlessness, wheeziness and some with skin symptoms.

Mr Justice Jay considered the comments in Rothwell and concluded that the symptoms described constituted ‘a transient, trifling, self-limiting, reversible reaction to an irritant’ which in his view was not sufficient for an “actionable injury”. He described the symptoms as an irritation rather than inflammation, the symptoms of which lasted no more than a week.

Mr Justice Jay dismissed the claims.

This case goes to show that some loss must arise from an injury before a claim can be brought.

Once again it proves that proper legal advice should always be sought by anyone wishing to bring a claim.

Talk to us today about Personal Injury:

Cirencester 01285 654875     Gloucester 01452 508800    

enquiries@daveylaw.co.uk

Contact us today:   Cirencester 01285 654875     Gloucester 01452 508800     enquiries@daveylaw.co.uk

 

 

 

 

Privacy Notice

Cookies Policy

Complaints

 

 

 

 

 

 

Davey Law Limited is Registered in England and Wales under Company no. 07525008. A list of directors is available for inspection at the registered office 10-12 Dollar Street Cirencester Gloucestershire GL7 2AL. This firm is authorised and regulated by the Solicitors Regulation Authority no. 557291 and is a member of the Conveyancing Quality Scheme (CQS). Details of how to contact the Legal Ombudsman in case of dispute may be found at www.legalombudsman.org.uk

 

 

 

 

Davey Law Limited is Registered in England and Wales under Company no. 07525008. A list of directors is available for inspection at the registered office 10-12 Dollar Street Cirencester Gloucestershire GL7 2AL. This firm is authorised and regulated by the Solicitors Regulation Authority no. 557291 and is a member of the Conveyancing Quality Scheme (CQS). Details of how to contact the Legal Ombudsman in case of dispute may be found at www.legalombudsman.org.uk