Clarke and Son News

The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) contained provisions on a wide range of topics, including tribunals and inquiries, judicial appointments, enforcement of judgments and orders and debt management.

Part 3 of the TCEA 2007 replaces the ancient remedy of distress with a new system of commercial rent arrears recovery (CRAR). The Law Commission recommended that there should be a delay of six months between the TCEA 2007 receiving Royal Assent (19 July 2007) and the provisions relating to CRAR coming into force, to allow landlords time to become familiar with the changes.

On 17 March 2009, the Justice Minister made an announcement in Parliament on bailiff and enforcement law, but the announcement made no reference to CRAR. This has been queried informally with the Ministry of Justice which has advised that the Government also intends to implement CRAR in April 2012.

For more information on landlord and tenant issues, please contact Paul Cowdery on Tel: 01256 320 555

Over the last decade, there has been a significant increase in employment legislation that has originated from both the EU and the UK.

It’s an established fact that many businesses, and small businesses in particular, find the steady stream of employment legislation extremely challenging.

For employees too, Employment Law can often be viewed as minefield of information beset with potential pitfalls - especially in the area of redundancy which, unfortunately, is an all-too-common occurrence in these changing economic times.

Whether you are a business owner, employee or former employee, there is no substitute for qualified, professional advice to give you all the facts you need under current legislation.

Areas in which our Employment Law specialists can advise our clients include:

• Redundancy, Lay-Offs and Short-Time Working
• Dismissal and Grievance Rules
• Employment Terms & Conditions
• Parental, Paternity or Maternity Leave
• Parental, Paternity or Maternity Pay
• Working Time Regulations
• Flexible Working
• Agency Workers
• Self-Employed
• National Minimum Wage
• Equal Pay and Conditions
• Health & Safety in the Workplace
• Disability Discrimination
• Age Discrimination
• Sex Discrimination
• Race Discrimination
• Employee Holiday Entitlement
• National Minimum Wage
• Employing Migrant Workers.

If you have an issue that needs to be resolved either as a business owner or as a worker, or you’re simply looking for some friendly help and advice, contact us or e-mail Nicholas Bowers direct.

It is becoming clear that after April 6th, one of the key issues determining whether a property may be marketed will be the return of the completed Property Information Questionnaire. These forms must be filled out by the seller and returned to the HIP provider before a property may be marketed. 

Current legal position

It is apparent that some HIP providers are trying to convince sellers to pay for documents to be refreshed in HIPs that are a year old. However, searches and title information only need to be refreshed if a property is taken off the market a year after it was first marketed and then remarketed again.

The Partnership, a supplier of Home Information Packs, has produced a helpful summary sheet which summarises the current legal position and can be downloaded from; http://www.thepartnershiplimited.com

If you would like more information on Home Information Packs and the legal aspects of buying and selling your home, please contact Paul Cowdery on Tel: 01256 320 555.

In view of the continuing poor economic data, the Monetary Policy Committee faces a difficult decision when it meets this week. The view has been expressed that the Bank Rate will be kept on hold at 1%, and that the Bank of England will instead press ahead with asset purchases to bring down the cost of borrowing for households and firms, boosting the money supply in the process.

If you would like help on any legal aspect of re-mortgaging or on buying or selling your home, please contact Paul Cowdery on Tel: 01256 320 555.