Noise Nuisance

/in /by

A recent High Court decision in the case of Fouladi v Darout Limited {2018] EWHC 3501 has confirmed the previous legal position that a landlord (freeholder) is not liable for nuisance caused by its tenant merely because the landlord did not take steps available to him to prevent what was causing the nuisance, even when the landlord knows that its tenant is causing a nuisance.

The court held though that the Claimant had suffered noise nuisance in her flat (flat 62) from the occupiers of flat 66 above her flat and she was therefore successful with her claim against the tenants of flat 66.

There are certain circumstances in which a landlord can be liable for noise nuisance caused by its tenants. Most leases have a covenant for quiet enjoyment and this can be relied upon in some noise nuisance cases. If the landlord participates and/or authorizes the nuisance then he will be liable.

In the recent case referred to above the landlord had failed to address the fact that the occupiers of the flat above the Claimant were carrying out work that they should have obtained consent from the landlord to undertake. Even though the landlord knew the works were being carried out (without consent) he was not liable for the noise nuisance.

Noise nuisance claims are just one area of property litigation that this firm can advise, assist and represent you in relation to.

Cyber Essentials Accreditation

/in /by

Adams Harrison Cyber Essentials Certificate

The firm has been awarded the Cyber Essentials accreditation – demonstrating that we have in place systems and controls to ensure that we are best protected against any internal and external threats. This includes not only our computer hardware but our entire internet facing infrastructure at Adams Harrison, including firewalls and internet routers.

The Cyber Essential scheme is Government backed and industry supported. To become accredited, it is necessary to show that there are technical controls in place to prevent against on line security threats.

We take seriously the risk of malicious attacks on data and therefore keep under regular review the steps and measures that can be put in place to reduce the risk.

We are now displaying the Cyber Essentials badge on our website homepage and e-mails to give clients and third parties peace of mind that their data is safe with us.

First Time Buyers – How Can I Protect Gifted Monies?

/in /by

With the stamp duty exemption which came into effect in 2017, the growth of the Help to Buy ISA, and the continuing increase in Help to Buy and shared ownership developments it would be fair to say that we are currently in a market more tailored to first time buyers. That said, there has been no magical formula concocted to assist with the ever rising property prices; getting on that ladder and putting together a 10% deposit is still a huge ask for most. As a result, individuals often have little alternative but to turn to the bank of mum and dad.

With all of this in mind a question we are often asked is whether or not there is a way to protect the monies being gifted. This is a perfectly understandable and reasonable request as, although most parents (if able to do so) are willing to gift the monies to their child, we do appreciate that, more often than not, those monies are intended to help their child and not the partner. This is an important distinction to consider as the most common first time buyer scenario is an unmarried couple. Should the couple split up after purchasing the property, unless an alternative provision is in place, the net proceeds of any sale will be allocated equally between the parties. The result of this is that both parties would be enriched by the gift as opposed to the one whose parents made the gift in the first place.

One option available to first time buyers to combat this risk and protect a gift is a Declaration of Trust. This can be a relatively straight forward document drafted by your solicitor to ensure that before any proceeds are divided a specified sum (i.e. the gift or a relevant percentage) is taken from the net proceeds (after the repayment of any mortgage and estate agent and solicitor fees) and allocated to the individual who has sought to protect it. Any remaining monies can then be split in accordance with the buyers wishes under the Declaration, thus protecting the gift and the intentions of all involved.

Joint ownership is a complicated legal issue and we recommend that you discuss it with your solicitor or a specialist property lawyer here at Adams Harrison. We would advise that you discuss such an option with a financial specialist to ensure that the figures to be agreed upon are fair and reasonable.

Jack Stewart, Solicitor, Adams Harrison

Congratulations To Hayley Ford

/in /by
Hayley Ford Solicitor Wills Trusts and Probate 400

Hayley Ford Solicitor Wills Trusts and Probate

We are pleased to announce that Hayley Ford has passed her final examination of The Society of Trust and Estate Practitioners (STEP) qualification with a distinction.

This means that Hayley can now apply to become a full STEP member known as a ‘TEP.’  

TEPs are internationally recognised as experts in their field, with proven qualifications and experience. Hayley studied for two years to obtain the qualification and took a specialist route focusing on advising vulnerable clients.

Charity Donation – Open Door Counselling

/in /by

Pamela Jenner of Open Door (seen on the left of the photograph) with our Managing Partner Jennifer Carpenter being presented with a cheque for £350.00 as a donation to Open Door Counselling in Saffron Walden. 

This money was donated rather than sending out Christmas cards to clients and contacts of the practice.

Pamela Jenner Receives Cheque From Jenny Carpenter Of Adams Harrison

Pamela Jenner Receives Cheque From Jenny Carpenter Of Adams Harrison

Digital Assets And Your Will

/in /by

Most people are aware of the importance of making a Will to deal with physical assets. Relatively few of us, however, have probably considered what will become of our digital assets when we die.

What is a digital asset?

A digital asset is one that requires a password and username to access. For example, digitally-stored music collections, social networking sites, and online investment and banking accounts.

What to do?

It may be that dealing with your digital estate is as simple as updating your Will to include a digital assets clause. Thereafter, you should note down your passwords for safekeeping. If your Will is being held by Solicitors, it may be a sensible idea for you to provide them with a copy of this information that will be stored confidentially beside your Will. This is particularly useful if you have also appointed Solicitors as your executors.

Failure to plan for digital inheritance can cause problems as without usernames and passwords it can be very difficult for executors to access web domains, social networking sites and other online accounts. As the executors’ duty is to gather in and administer all of the assets of a deceased’s estate, it is important that they are armed with the necessary information to enable them to do so.

The challenge is therefore to keep the information up-to-date and hidden yet accessible when the time comes.  It is important to remember that you should not include details of your web-based accounts, passwords and user names in your Will. This is because a Will, once proved, becomes a document of public record and therefore potentially accessible by fraudsters.

For more information, please contact us for expert and friendly advice.