June 2024 Newsletter

In this edition, we cover topics relating to locating a child’s whereabouts, probate, things you need to consider before starting a personal injury claim, how much deposit a residential landlord can ask a tenant to pay, what first time buyers need to know, emergency leave when your child is sick and lockout agreements.

Locating a child's whereabouts

Welcome to our blog, "Locating a Child's Whereabouts,” a vital resource for families navigating the complex and often distressing situation of parental abduction. Whether you are dealing with a custody dispute, a violation of a court order or an unexpected disappearance, our blog provides critical guidance, support and information to help you take the necessary steps to locate and reunite with your child.

Application for an Order

In trying to locate your child, you will need to make an Application for an Order for Disclosure of a Child’s Whereabouts under the Family Act. This is to try to resolve cases where one parent has taken a child and not informed the other parent of their location.

You can apply to a court to reveal the current whereabouts of your child if that information has been withheld from you.

What happens under an order for disclosure of a child’s whereabouts?

Under an order for disclosure of a child’s whereabouts, the court will act on your behalf to track the named person(s) who may have knowledge of your child’s location. Named individuals may include applications to HMRC and the Department of Work and pensions; incoming and outgoing telephone records; and information relating to their travel and movements.

Named individuals are legally required to respond to the court’s requests for information.

The court will use this gathered information to make a decision on your unique case. They may or may not decide to disclose the location of a child. This decision is based on several factors, including:

1. The wishes and feelings of the child;
2. The child’s emotional, physical, and educational needs;
3. Whether the child has suffered any kind of abuse or neglect, or is in danger of doing so;
4. The ability of the child’s parents or guardians to meet the child’s needs;
5. The effects on the child of any changes in circumstances as a result of theorder;
6. What changes the court has the power to make.

How can Taylor Bracewell’s family law team assist you?

Our family law team are experts when it comes to dealing with court orders and breaches of them. They will guide you through the process and be with you every step of the way. Call our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alternatively, you can fill out our online enquiry form.

What is a Grant? - Probate & Letters of Administration

Probate can be a daunting term, often associated with legal complexities and uncertainties. Yet, understanding what probate is and whether you need it is crucial, especially when navigating the aftermath of a loved one's passing or planning your own estate. Whether you're a beneficiary, executor or simply curious about estate planning, read this blog where we unravel the intricacies of probate and explore whether it's a necessary step in your journey.

What is a Grant?

A Grant, sometimes called Probate, is a legal document that is often needed to deal with the estate of someone who has died.

Types of Grants

There are different types of Grants. If there is a will in place then it is called Grant of Probate but if there is no will, it is Grant of Letters of Administration. Both documents work in the same way.

When is a Grant needed?

Before an administrator of an estate can start dealing with an estate and subsequently distribute the estate, they may have to apply for a Grant.

If the estate includes property or land, then a Grant of Probate or Letters of Administration will most likely be needed.

A Grant may not be needed if:

• The estate is made up of cash assets and personal possessions and under a certain value
• Any property is owned as beneficial joint tenants and the joint owner is still alive
• There was a joint bank account (and the joint owner is still alive)
• The estate is insolvent
• The assets included life insurance policies and pension benefits but these pass outside of the estate

The process of applying for a grant

1. Register the death – the death needs to be registered within 5 days in England. This will allow the death certificate to be released that will be needed to start executing the Will or dealing with the estate.
2. Inform organisations and beneficiaries – you will need to inform the companies that they worked with so their accounts can be closed. Beneficiaries will need to be informed of their entitlement to a share of the estate as soon as possible.
3. Submit the application for the Grant and complete any Inheritance Tax Forms. It usually takes up to 16 weeks for Grant to be issued, however it can take longer if the forms are incorrect or missing.
4. Pay Inheritance Tax
5. Pay off all debts – credit card, mortgage and other loans will need paying off.
6. Life Insurance claims – if the deceased had life insurance then you will need to contact the provider and claim the pay-out.
7. Distribute the assets – distribute the assets to the beneficiaries according to the Will or in accordance with the intestacy rules

How can Taylor Bracewell’s experienced Probate solicitors assist you?

Our expert Probate team can assist you when applying for a grant for a deceased loved one. They will guide you through the process, right from registering the death through to the distribution of the assets to all beneficiaries. Call our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 2727 1884. Alternatively, you can fill out our online enquiry form.

Things you need to remember before starting the personal injury claim process

When faced with unexpected accidents or injuries, individuals often consider starting the personal injury claim process to secure compensation for their physical, emotional, and financial challenges. During these trying times, seeking compensation through a personal injury claim can be a crucial step towards regaining control and rebuilding one's life. However, starting the personal injury claim process requires careful consideration and a comprehensive understanding of the limitations you have.

In this article, we explain the limitations you have, other important factors to remember and how to make a personal injury claim yourself!

3 things to consider before starting the personal injury claim process?

Before beginning the personal injury claim process, it's important to be aware that normally, Court proceedings must be issued within 3 years of your accident if it has not been settled.

There are other important factors you need to remember when bringing a claim.

Here are 3 important considerations and limitations to remember:

1. Time limitations –?Personal injury claims have strict time limits as to when the claim can be started. The time limit is usually three years from the date of the accident to bring the claim. However, there are exceptions to this, such as being a minor, so you must check with a solicitor as soon as possible.
2. Record important details –?You need to record as much information as possible about the accident. For example, what happened, when did it happen, where did it happen, what were your injuries, who was involved, were there any witnesses, what appointments did you attend as a result of the accident and what expenses have you incurred as a result?
3. Report the accident to relevant parties –?You need to ensure that the accident is reported to relevant parties. For example, if you have a trip in a shop you must report the incident to the shop manager before leaving the store.

How long will a personal injury claim take??

Unfortunately, we are unable to provide a set time for finalising personal injury claims, it can vary up to several years. Some aspects of the claim, for example giving the defendant time to respond, cannot be sped up. The duration of the claim will often depend on the duration of your injury recovery. We recommend you wait until your injuries have resolved before settling the claim so that we can ensure you get the correct level of compensation. We always say that claims take at least 6-12 months, but it could be longer if we need to issue court proceedings and take the claim to court.?

How to make a personal injury claim yourself?

If you believe you are entitled to compensation for injuries that were not your fault, then you must start the personal injury claim process within 3 years of the accident taking place or from the date that you realised your injuries were a result of your accident. There are strict exceptions to this, therefore we would always recommend seeking legal advice at the earliest opportunity.?

To begin the personal injury claim process, you would need to contact an experienced personal injury solicitor who will evaluate your claim's viability. Once your solicitor has started your claim they will liaise with you regarding the time frame and documents required. If you believe you may have a?personal injury claim, then you should get legal advice as soon as possible. Contact our expert?Doncaster Personal Injury Solicitors?on 01302 341414 or our?Sheffield solicitors?on 0114 272 1884. Alternatively, you can leave an enquiry via our?online enquiry form.

How much deposit can a residential landlord ask a tenant to pay?

Welcome to our blog, “I Am a Residential Landlord – How Much Can I Ask My Tenant to Pay?” Here, we provide landlords with essential guidance on setting fair and competitive rental prices. Whether you’re a new property owner or an experienced landlord, understanding how to determine the appropriate rent for your property is crucial for maximising your investment while ensuring tenant satisfaction.

As a residential landlord, there is always a risk that the tenant may not pay some or all of their rent. Also that they will cause damage to the property and not repair the same.?Therefore, as a residential landlord you need to decide if to take a deposit from your tenant at the start of the tenancy. This would then be held and could possibly be used towards these potential losses.? If there are no losses or not a loss up to the size of the deposit, then at the end of the tenancy, the deposit would be paid back to the tenant (in part or in full).

Tenancy Deposit Scheme

The deposit does need to be invested in a Tenancy Deposit Scheme within a set time of being received.?

How big can the deposit be?

Whilst you may want to take as much from the tenant as possible, since 1 June 2019 there has been a cap on this. The cap applies to new tenancies and renewed tenancies after this date. The cap is calculated using the annual rent. If the annual rent is less than ￡50,000 then the maximum deposit that can be taken is 5 weeks rent.?For annual rents over ￡50,000 then the maximum deposit is capped at 6 weeks rent.

If a residential landlord takes a higher payment than this, they are in breach.?This can cause issues that would need to be resolved if a landlord had to serve a notice or issue court proceedings for possession.?The landlord could also be liable for a fine if prosecuted for breaching the Tenant Fees Act 2019.

How can Taylor Bracewell’s Solicitors Dispute Resolution team assist residential landlords?

Our Dispute Resolution team are experts when it comes to landlord and tenant disputes and supporting and guiding residential landlords through the process of renting out their property.

For more information contact our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alternatively, you can fill out our online enquiry form.

First time buyers - what you need to know

Embarking on the journey of buying your first home is an exhilarating yet daunting experience. As a first-time buyer, you’re stepping into a realm filled with unfamiliar terminology, complex processes and significant financial commitments. However, armed with the right knowledge and guidance, you can navigate this adventure with confidence and clarity.

What is the process of buying a property as a first time buyer?

As a first time buyer it is important that you know the step-by-step process of buying a property, so you understand what is happening at every stage.

1. Your mortgage is accepted
2. The necessary searches are carried out by your solicitor
3. Your solicitor prepares, reviews and exchanges contracts
4. You pay any necessary taxes, including Stamp Duty Land Tax
5. Your solicitor registers the property

What searches are carried out on the property?

There are many different types of searches that can be carried out on the property but not all of them are necessary. Your solicitor will assist you in deciding which searches should be carried out.

• Local Authority searches – These gather information about the local area that may affect the property.
• Water and Drainage searches – These gather information about sewer connections and the water supply to the property.
• Environmental searches – These searches gather information about the past use of the land.

Cost involved with buying a property as first time buyers

• Stamp Duty Land Tax – This is paid on properties over the price of ￡425,000.
• Land Registry – This is the fee which is paid to change the details on the title deeds.
• Survey fees – These are paid to your surveyor, once surveys have been carried out on the property.

How can Taylor Bracewell’s Residential Property team assist first time buyers?

Taylor Bracewell’s residential property team are experts within their field and helping first time buyer purchase their first property. We can guide you through each stage of the process using plain English for an easier and more understandable service. For further advice and information contact our?Residential Property team?on 01302 341414 or 0114 272 1884, alternatively, you can fill out our?online enquiry form.?

Emergency leave when your child is sick

Balancing work and family life can be tough, especially when your child falls ill. Employment law recognises the challenges working parents face and provides certain rights to help during these times.

Time Off for Dependents

Employees have the right to take a reasonable amount of time off work to deal with emergencies involving a dependent, including when your child is sick. This is meant to cover immediate issues, like when your child is sent home from school unexpectedly. The law doesn’t specify exactly how much time you can take, as it depends on the situation, but it’s generally understood to be what’s reasonably necessary to provide care and make any necessary longer-term arrangements. Your employer may then ask you to take?annual leave?or?parental leave?if you want to look after your child for longer.

In cases where you are aware of a situation ahead of time, such as scheduling a child’s hospital appointment, you may not be eligible for time off. Instead, you could explore options like parental leave as an alternative.

Additionally, in certain circumstances, if you do not receive time off for dependents, your employer might offer “compassionate leave,” which can be either paid or unpaid time off.

Understanding ‘Reasonable’ Time Off

The term ‘reasonable’ can vary widely, depending on the specific circumstances. Factors include the severity of the child’s illness, your role in their care, and the availability of alternative care options. While the law provides this flexibility, it also requires clear communication with your employer about the situation and your expected return to work.

Time off for dependents can be granted in various emergency situations, including:

Illness, injury, or assault: Time off can be taken to provide support for dependents facing physical or mental health challenges, even if the condition is not life-threatening.

• Having a baby: Time off may be allowed if a dependent goes into unexpected labour and requires assistance getting to the hospital. However, post-birth care for the child is not typically covered unless it is deemed an emergency.

• Disruption of care arrangements: Time off can be taken if a child’s caregiver or care facility unexpectedly becomes unavailable, such as a childminder not showing up or a nursing home closing unexpectedly.

• School-related incidents: Time off can be granted if a dependent child is involved in a school-time incident, such as being injured on a school trip, getting into a fight, or being suspended from school.

Pay During Time Off

It’s important to note that this time off is not automatically paid. Some employers may offer paid leave as part of their employment package, but this is not a legal requirement. However, understanding your company’s specific policies on parental leave and sick pay is crucial, you will need to check if you are entitled to payment.

Flexible Working Requests

Although not immediate, it’s worth noting that employees have the right to request flexible working arrangements, since April 2024, this has been a “day one” employment right. A flexible working request can include changes to hours, times, or places of work, which can be particularly helpful for parents managing ongoing care responsibilities. Additionally, an employee now have the right to carers leave, which is up to 5 days unpaid leave each year to provide care in certain circumstances.

Practical Steps for Employees

• Notify Your Employer: As soon as possible, inform your employer about your need to take time off, the reason for it, and how long you expect to be away. This helps manage expectations and allows for any necessary adjustments in your absence. You do not need to put this in writing.
• Understand Your Rights and Company Policy: Familiarise yourself with your legal rights and your employer’s specific policies on emergency leave for dependents. This knowledge can help you navigate the situation more smoothly.
• Document Your Absence: Keeping a record of your communications with your employer and any relevant details about the situation can be helpful, especially if there are any misunderstandings or disputes later on.

Problems if you take time off in an emergency

Your employer shouldn’t treat you unfairly for taking time off in an emergency, or dismiss you, nor refuse a reasonable request to take time off. If this happens, and you feel you aren’t being treated fairly it is advisable to seek legal advice without delay. Please be aware that you have a limited amount of time to take action. You have just three months, less one day, in order to take steps to bring a claim in the Employment Tribunal.

How can Taylor Bracewell’s employment team assist you?

In conclusion, UK law provides a legal framework for working parents dealing with a child’s illness, which recognises the need for flexibility and understanding in such situations. By understanding your rights and effectively communicating with your employer, you can manage your responsibilities while ensuring your child receives the care they need.

The information provided above is intended as general guidance and does not constitute legal advice. The content reflects the law as it currently stands but is subject to change. For specific legal inquiries or concerns regarding time off for dependents, please seek specific advice. We can assist you at Taylor Bracewell with advice on this.

Call our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alternatively, you can fill out our online enquiry form.

Lockout Agreements: Understanding their purpose

A lockout agreement serves as a strategic tool, often employed during the preliminary stages of a transaction, to secure the interests of parties involved. In this blog, we’ll demystify the intricacies of lockout agreements, shedding light on their purpose, key components and implications.

What is a lockout agreement?

A Lockout Agreement is an agreement between a buyer and seller that a future sale will take place. The buyer is granted exclusive rights to buy the property within a certain time frame. The buyer has time to carry out searches, surveys and investigations before committing to the purchase. The seller is prevented from negotiating with other buyers and possibly accepting another offer during the lockout period. However, a Lockout Agreement does not mean both parties have to proceed with the sale in the future.?

What should a lockout agreement include?

• The lockout period – this is the amount of time that the agreement is going to be in place, it is usually a short period of time.?
• Seller’s obligations, these may include:To stop negotiating with third parties that may wish to purchaseTo stop marketing, the propertyTo issue draft contracts to the buyer and to answer the buyer’s enquiries
• Buyer’s obligations, these may include:To proceed with surveys and searches as quickly as possibleTo pay an agreed premium for the lockout agreementTo purchase during the lockout period, if they choose to do so

How can Taylor Bracewell’s commercial property team assist you?

Our Commercial Property team are experts within their field and are always happy to help. If you think you may benefit from their advice you can contact them by calling our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884, alternatively, you can fill out our online enquiry form.?