Giving the correct notice is fairly straightforward where the notice is served during the contractual period of the AST. However if the AST has expired and the tenant has not left the property, they usually become a statutory periodic tenant, for which the notice requirements are different.

If the tenant fails to vacate the property on or after expiry of the Notice, the landlord cannot evict the tenant without a Court Order. Failure to serve the correct Notice at the correct time could lead to an application to the Court being dismissed, leaving the landlord to start the process all over again.

Different rules apply if the tenancy is not an AST.

If you are a landlord of residential premises and wish to know more about what you could and what you should be doing, please contact one of our Landlord & Tenant specialists for further advice.

Under the Health Act 2006 and related regulations, any person who occupies or is concerned with the management of these types of premises has a duty to make sure that no smoking signs are displayed in the premises and business vehicles and to prevent smoking in a smoke free place.

Failure to comply is a criminal offence. Local Councils are responsible for enforcement and offences carry fixed penalty notices and fines.

See www.smokefreeengland.co.uk for further information.

If you have any concerns or questions regarding the regulations, please contact one of our Commercial Property specialists.

There are some limited exceptions to the above. e.g. in the case of residential property to be sold without full vacant possession.

If you are thinking of selling your poperty Gould & Swayne can prepare a comprehensive HIP at a competitive rate. Contact us for further information and advice.

The effect of the new format is to reduce the risk of fraud or of undue pressure being brought upon any person making one.  No one can sign an effective LPA without someone certifying that the donor (i.e. the person giving the Power) understands what they are doing and that no undue pressure is being put on them to sign. The LPA also has to be registered at the Office of the Public Guardian before anyone can use it.

Before the LPA is registered, certain people chosen by the donor must be notified and given the opportunity to object to the registration if they wish. If the donor does not want anyone to be notified then there must be not just one but two people who certify the donor’s understanding of what they are doing and that no pressure is being put on them.

It takes at least six weeks from the submission of the Application to Register before the document is returned and can be put into operation.

I made an Enduring Power of Attorney some years ago. Is it still valid?

Yes, providing that it was correctly completed and you signed if before the 1st October 2007, it should remain valid.

Will my Enduring Power of Attorney cover the same things as the new Lasting Power of Attorney?

The old Enduring Powers covered only your property and affairs. In other words it authorised your attorney to deal with your money properties. It did not cover the question of your health and welfare.

Are Health and Welfare issues covered under the new Lasting Powers?

Yes, there are two types of the new LPA. The first covers the same as the Enduring Powers and authorises someone to deal with your finances and the second authorises someone to deal with your health and welfare issues.

Can I sign one document or both?

No, there are two separate documents and they need to be separately registered in order to be put into effect.

Every adult should make a Will to determine who they want to leave their assets to and who will administer their affairs. A number of problems can arise if you draft the Will yourself:-

• Your family may end up paying more tax than necessary
• Your Will may be INVALID if the correct procedures for making a Will have not been followed
• The TIME taken to administer the estate may be LONGER than usual and there may be DISAGREEMENTS amongst family members trying to interpret your wishes

By making your Will with us we will ensure that your Will is drafted correctly so as to avoid any problems later, giving you peace of mind.

We are a reliable, efficient, family orientated firm and have been established since 1840. We look forward to meeting you soon to make or review your Will.

If you need care permanently in a home and you are the sole occupier of the house then you will be expected to sell your house and use the money to pay for the fees of the home.

What happens if my husband or wife is living in the house? Can they still make you sell?

No, the house should be disregarded if it is occupied by your spouse.

Is there any way I can save the house by giving it to my children now?

It is possible to transfer the house to your children and still live in it, but you must think very carefully before doing something like that because if it does not work out it is very difficult to unscramble and can have serious consequences.

What sort of things could happen?

Well, first of all the government has wide powers to undo such transactions if they believe they have been done with the intention of avoiding payment of nursing home fees. Secondly, you will be living in a house which does not belong to you. It would be owned by your children. This means that it will form part of their estates if they die and will be part of their assets if they separate from their spouses or fall into financial difficulties.

But it will save a lot of Inheritance Tax, if I live for seven years, won’t it?

No – you will not save any Inheritance Tax if you reserve any benefit from the assets you give away. By continuing to live in the house you are reserving a benefit and will not save any tax however long you live.

The title deeds or the Seller will normally be able to confirm ownership.

Who owns the ditches?

The title deeds or the Seller will usually be able to confirm ownership. Some ditches are maintained by one of the drainage boards, in which case drainage rates will be payable.

Does the land have the benefit of a water supply?

The Seller should be able to produce an invoice from the Water Authority confirming this and also showing whether the water supply is metered. Sometimes the water supply is direct from the mains, in other cases the supply may run through private land and you should check whether appropriate rights exist for the water supply to continue.

What about access to the land?

You should check whether access is direct from the public highway, or whether rights of way over a drove or other privately owned land are needed.

Are there any rights of way over the land?

A search with the Local Authority will reveal any recorded public or definitive rights of way affecting the land. The Seller should provide details of any private rights affecting it.

Is the land part of any agri-scheme?

Some land falls within a Nitrogen Sensitive Area, Environmentally Sensitive Area or a Site of Special Scientific Interest and the land owner will normally have entered into an agreement with the Government to protect the land under these schemes and the Government will pay the owner a grant.

Are there any government subsidies payable on the land?

One of the subsidies payable on land is the Single Farm Payment which will be payable in every year on all land registered under the scheme with the Government.

When considering any purchase of land (whether at auction or by private treaty) we strongly recommend that you take legal advice before you are legally committed to the transaction. This may save you trouble and expense in the long run.