Clarke and Son News

The Workplace Parking Levy (England) Regulations 2009 will come into force on 1st October 2009. Local authorities in England (excluding those in Greater London) will decide whether to introduce a workplace parking levy (WPL) scheme and details of how it will operate will be their responsibility. By imposing a levy on the amount of workplace car parking provided by employers and educational establishments, it is hoped that car commuting will reduce in favour of alternative means of transport (including car-sharing).

The Regulations, made under the Transport Act 2000, do not specify charging levels, exemptions and discounts which it is considered are best left to the local authority to decide in the light of local circumstances. The Department for Transport will be preparing guidance on the issues to be taken into consideration by authorities when developing a WPL scheme. No WPL scheme is expected to come into operation until 2011 and no levy is expected to be collected before April 2012. The impacts will be reviewed two years thereafter.

For information on Company Law, please contact Charles Marchant-White or Tel: 01256 320 555

In a recent decision, the Court of Appeal held that a notice to quit purporting to end a periodic tenancy held by joint tenants was valid, even though the notice was served by only one of the tenants. This is a well-established common law principle.

The main point of interest is that the notice to quit was held to be effective, despite using an incorrect date as the end date for the tenancy. The notice was saved by the inclusion of some catch-all wording. Neither the acceptance of rent for a period after the termination date, nor the landlord’s offer to allow the tenant who served the notice to remain in occupation after termination affected the notice’s validity.

This decision will be of interest to anyone who is drafting a notice that must take effect on a certain date, or who has received such a notice.

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

The new Supreme Court, which replaces the House of Lords as the highest appeal court in the UK, is scheduled to open for business at the start of the new legal year in October 2009. The creation of the Supreme Court separates the judicial function carried out by the Law Lords from the rest of the parliamentary process.

It will: hear appeals on arguable points of law of general public importance; act as the final court of appeal in civil cases for the whole of the UK; act as the final court of appeal in criminal cases for England, Wales and Northern Ireland; and assume the devolution jurisdiction of the Judicial Committee of the Privy Council. The Privy Council will retain its function as the final court of appeal for Commonwealth countries.

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If you are a business owner or individual looking for highly qualified, professional advice regarding business law or family law, please contact Clarke and Son LLP or telephone 01256 320 555.

You may recall that the 2009 Budget announced that the temporary increase in the SDLT threshold to £175,000 for residential properties would continue until 31st December 2009, instead of ending on 2nd September 2009.

In September 2008, the SDLT threshold for land transactions consisting entirely of residential property, increased from £125,000 to £175,000. The revised threshold applies to transactions that have an effective date* (normally completion) between 3rd September 2008 and 2nd September 2009 inclusive. The effect of this temporary increase was to exclude residential transactions for chargeable consideration of up to (and including) £175,000 from a charge to SDLT. The change to the threshold was referred to as an SDLT “holiday”.

The Government announced that the ‘holiday’ would not end on 2nd September 2009, but would instead continue until 31st December 2009. The SDLT threshold will return to £125,000 for transactions with an effective date of 1st January 2010 or later.

As matters stand there is no proposal to extent the SDLT holiday but this may come up for consideration again in the pre-budget review in October or November.

For more information on buying and selling your home, please contact Paul Cowdery on Tel: 01256 320 555

*The effective date of a land transaction is the date of completion. The effective date may, however, be brought forward where there is substantial performance.

On 14 July 2009, the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 were made, in response to a consultation launched in October 2008. These regulations, which come into force on 1st October 2009, amend the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 to introduce new prescribed forms for individuals intending to make Lasting Powers of Attorney.

The new forms are considerably shorter than the current 28 page forms, use clearer language and problem areas such as tick boxes have been removed and continuation sheets introduced. They also incorporate fundamental details such as attorneys’ addresses which were unavailable in the previous forms. They will be launched on 1st October 2009 and until then the current forms should continue to be used.

There will be a transitional period where the old forms will be allowed, provided that execution occurs before 1 April 2011.

For more information on Lasting Powers of Attorney contact Nia Wharry or Tel: 01256 320 555.

Ref. The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 and explanatory memorandum.