Andrew Veitch solicitor London W1

SETTLEMENT AGREEMENT SOLICITOR LONDON W1 - EMPLOYMENT LAW - ANDREW VEITCH

2015-10-05T17:50:00.000+01:00

PLEASE FEEL FREE TO CONTACT ANDREW VEITCH FOR AN INITIAL NO-OBLIGATION APPRAISAL OF YOUR EMPLOYMENT ISSUES AND ADVICE ON YOUR SETTLEMENT AGREEMENT (PREVIOUSLY KNOWN AS A COMPROMISE AGREEMENT) WHETHER YOU ARE AN EMPLOYEE OR EMPLOYER

If you have been offered a Settlement Agreement (Previously known as a Compromise Agreement) or a Redundancy Agreement by your employer you will need to obtain Independent Legal Advice before signing and entering into such a legally binding document with your employer. Andrew Veitch can normally offer immediate appointments to advise you on the terms of the settlement agreement with a view to also negotiating:-

Increased compensation payments and advice on the tax position of accepting a payment

Payment of outstanding bonus payments and holiday pay

Your employer paying the legal fees of the cost of advising on the ramifications of the Settlement Agreement

Agreed references for future employers

The extension of benefits after termination of your employment such as health insurance and gym membership

The removal of post employment termination restrictive covenants with could prevent you from obtaining a new job

The inclusion of confidentiality and non-derogatory comments clause to obtain protection from your employer making complaints or derogatory comments about you in the future

Advice on whether or not you should reject the Settlement Agreement and issue a claim for unfair or wrongful or constructive dismissal and/or sexual or disability discrimination.

Settlement agreements are legally binding agreements mainly used to settle disputes on the termination of employment. Once you have entered into a settlement/compromise agreement with your employer you will probably be prevented from successfully making a claim (either statutory or common law) against your employer in court or the Employment Tribunal. This is because settlement agreements generally contain "full and final settlement" clauses whereby you agree to accept financial compensation in return for giving up claims you may have against your employer.

Do I have to accept the offer of compensation made in the draft settlement agreement or should I reject the offer contained in the Settlement Agreement and bring a claim in the Employment Tribunal ?

Andrew Veitch can advise you on the merits of accepting the offer or making a counter offer or issuing a claim for compensation in the courts or Employment Tribunal

Are payments made under the Settlement Agreement be paid free of tax ?

In general terms the first £30,000 of the settlement payment can be paid without deductions for tax or National Insurance Contributions. However, money owed to you under your contract of employment, such as wages/salary, holiday pay and bonus pay will be subject to tax as if you were still working.

In certain circumstances the position is more complex and specialist legal advice should be obtained on the tax position.

What legal fees/solicitors costs will I have to pay?

In most cases your employer will agree to contribute towards your legal fees of having to obtain legal advice on the meaning and effect of your settlement agreement. Thus employers often have a clause inserted into the Settlement Agreement limiting their contribution towards legal costs of somewhere between £250 to £500 plus VAT). If the Settlement Agreement is acceptable to you and you enter into the Settlement Agreement this will mean that your employer is contractually bound to pay all or most of your legal costs for the advice on the contents of the Settlement Agreement. If you instruct Andrew Veitch to to try and negotiate an increased level of compensation Andrew Veitch will try and negotiate and increase in the level of your employer's contribution towards your legal costs to cover the additional work and have a clause confirming the increased contribution inserted into the settlement agreement.

Please feel free to telephone Andrew Veitch to discuss any Employment law matters or disputes or e-mail Andrew Veitch details of the advice you require or dispute you wish to be dealt with for a no obligation estimate of fees.

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date. Therefore this blog is subject to our following disclaimer and conditions of use: Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)

Landlord and Tenant Solicitor London W1 - Update for Residential Landlords in Light of The Deregulation Act 2015

2015-10-01T16:45:00.000+01:00

Please contact Andrew Veitch for an initial no obligation telephone assessment of your landlord and tenant matter, drafting or explanaition of a tenancy agreement or a dispute with your landlord or tenant. Andrew is an experienced and highly recommended solicitor and will aim to obtain the best possible legal outcome for you.

As from 1st October 2015 the Deregulation Act 2015 creates some important changes as to how residential landlords deal with a number of matters including Section 21 notices, complaints about the property, deposits and information that must now be given to new tenants. The changes mainly relate to assured shorthold tenancies (AST’S) entered into on or after 1st October 2015.

Under section 21 of the Housing Act 1988 as amended by the Housing Act 1996, a landlord has a legal right to get his property back at the end of an assured shorthold tenancy.

For assured shorthold tenancies entered into before 1st October 2015:

(i) Landlords can still serve a section 21 Notice at any time during the tenancy using the previous form of the section 21 Notice

(ii) Once a section 21 notice is served it does not expire (unless you enter into a new fixed term tenancy or amended the terms of the tenancy agreement)

However from October 2018 the above will change to the rules which apply to assured shorthold tenancies entered into from 1st October 2015.

For assured shorthold tenancies entered into from 1st October 2015:

(i) The Landlord will need to provide the following documents to tenants prior to entering into a fixed term tenancy:

(a) An energy performance certificate (EPC)

(b) Gas safety certificate (and/or within 28 days of the annual check of the gas appliances)

(ii) In relation to serving section 21 notices:

(a) The section 21 notice now has to be in a prescribed form

(b) Landlords can only serve a section 21 notice after 4 months of the first tenancy

(d) Receipt of a Health and Safety Improvement Notice served by the local authority results in the prohibition of service of a section 21 notice for 6 months

(e) In England only, a landlord's ability to serve a Section 21 notice is also restricted where a tenant has complained about the condition of the premises and/or the common parts and the landlord failed to respond within 14 days or provide an inadequate response or responded by serving a Section 21 notice. The tenant can then complain to the local authority which must then inspect the property. If the local authority inspects the property it can serve a remedial notice or carry out emergency remedial action. This would invalidate a previously served S.21 notice, although the landlord can still potentially serve a section 8 notice

(iii) If a tenant writes to a Landlord complaining about the condition of a property the Landlord has to respond in writing within 14 days setting out what actions he proposes to take and a timeline for any remedial work required

(iv) Rental deposits paid by tenants to a landlord after 6th April 2007 but not registered in an authorised rental deposit scheme by the 23rd July 2015 deadline or within 30 days of receiving the money will need to be returned to the tenant as until a landlord does so they cannot serve a Section 21 Notice on the tenant.

If the prescribed information relating to the deposit has not been provided to tenants (and any other relevant persons such as guarantors) within 30 days of the deposit being received then again the landlord is preventing from serving a valid section 21 notice.

Nevertheless, if the deposit money has been held in a scheme within 30 days the Landlord can still provide the tenant with the ‘prescribed information’ relating to the rental deposit scheme at a later date. Once the landlord has provided the “prescribed information” the landlord can serve a valid section 21 notice.

(v) Pursuant to The Smoke and Carbon Monoxide Alarm (England) Regulations 2015. every floor of a property must have a functioning smoke alarm and a carbon monoxide alarm in any room of which is used wholly or partly as living accommodation and contains a “solid fuel burning combustion appliance”

Please feel free to telephone Andrew Veitch to discuss any Landlord or Tenant matters or disputes or e-mail Andrew Veitch details of the advice you require or dispute you wish to be dealt with for a no obligation estimate of fees.

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

INDEPENDENT REVIEWS AND RATINGS OF LONDON SOLICITOR - ANDREW VEITCH

2015-06-26T12:46:00.000+01:00

INDEPENDENT REVIEWS, RATING AND RECOMMENDATION OF LONDON SOLICITOR ANDREW VEITCH

Andrew Veitch has received 34 reviews on the independent Solicitor.Info website and has an average 5 Star rating for example:

21/06/15 - Rating by James Walsh

Area of law reviewed: Conveyancing/property

Andrew Veitch delivered a very thorough, professional and good value service to help me through a recent house move. Both sale and purchase were quite complex due to the particular requirements of my local area's leasehold arrangements. Andrew's thorough approach got to the bottom of all the issues and his persistence in dealing with the surprisingly large number of stakeholders involved at both ends ensured that the move went through.

Throughout the process, Andrew was easy to contact, always returning calls promptly and ensuring I knew the latest state of play. Most impressively, he stuck to his initial estimate of his charges, even though he eventually undertook far more work than either of us had expected to be necessary.
Highly recommended.

Andrew Veitch has received 9 reviews on the Freeindex.com recommendation web-site which reviews and ranks solicitors based on "Value for Money", "Professionalism" and "Quality":

5 stars		8
4 stars		1
3 stars		0
2 stars		0
1 stars		0

8 reviews rated Andrew Veitch as a 5 star (exceptional) solicitor

1 review rated Andrew Veitch as a four star (good) solicitor.

Please feel free to telephone Andrew Veitch to discuss your requirements in more detail or e-mail Andrew Veitch details or your legal requirements or quesry for a no obligation estimate of fees.

E-mail: andrew@guyclapham.com

Tel: 0207 935 1095

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date. Therefore this blog is subject to our following disclaimer and conditions of use: Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)

RIGHT TO BUY SOLICITOR LONDON - ANDREW VEITCH SOLICITOR LONDON W1

2015-06-26T11:36:00.000+01:00

RIGHT TO BUY

ARE YOU ELIGIBLE TO BUY YOUR PROPERTY AT A SUBSTANTIAL DISCOUNT ON MARKET VALUE?

Since 1980 the Right to Buy scheme has allowed Council and Housing Association tenants in England buy their home at a discount. Data from the Department for Communities and Local Government and Local Government indicates London boroughs and London councils account for 34% of Right to Buy sales in 2014-2015. London tenants took advantage of a discount of up to £102,700 of the market value of the property they bought under the Right to Buy scheme from the Council. From 6 April 2015 the maximum discount under the Right to Buy in England has been increased and you could get a discount of up to £103,900 if you live in London or £77,900 for the rest of England. This maximum discount increases every year in April in line with inflation.

Please click on the following link (Right to Buy Eligibility) if you have been a council tenant for at least the last three years or you were a council tenant when the property was sold to your current landlord to see if you are eligible to purchase your property under the Right to Buy legislation.

The discount deducted from market value of your property is governed by a Statutory Instrument - The Housing (Right to Buy) (Maximum Percentage Discount) (England) Order. Please click the following link ( Right to Buy calculator )to obtain an estimate of the potential discount in the purchase price of your property should you exercise your Right to Buy

If you are buying your home under the Right to Buy scheme please feel free to have a chat with Andrew Veitch for an initial no obligation telephone estimate of conveyancing costs or simply to ask for some initial general advice. Andrew Veitch is more than willing to outline the conveyancing process and indicate what questions that should be raised during the conveyancing process.

Please feel free to telephone Andrew Veitch to discuss your requirements in more detail or e-mail Andrew Veitch details or your proposed purchase and/or sale for a no obligation estimate of fees.

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

Conveyancing Panel Solicitor London W1 - Andrew Veitch

2015-06-24T19:25:00.001+01:00

Andrew Veitch can undertake conveyancing work for most major mortgage lenders and his firm is on the following mortgage lenders solicitor conveyancing panels (not an exhaustive list):

Cheltenham & Gloucester Building Society

Coutts

Coventry Building Society

HSBC (including "Indirect Mortgages")

Intelligent Finance

Lloyds Banking Group

Lloyds TSB

National Wesminster Bank (NatWest)

Royal Bank of Scotland

The Mortgage Business (TMB)

Woolwich

Please feel free to telephone Andrew Veitch to discuss your requirements in more detail or e-mail Andrew Veitch details of your proposed purchase and/or sale or mortgage for a no obligation estimate of fees. Andrew can also provide Independent Legal Advice with regard to the terms of a mortgage, deed of postponement, deed of consent or personal guarantee secured by a Legal Mortgage registered at the Land Registry

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

CONVEYANCING SOLICITOR LONDON W1 - RECOMMENDED LONDON RESIDENTIAL PROPERTY LAWYER - FREE ESTIMATE OF FEES

2015-06-24T15:21:00.000+01:00

FOR MOST PEOPLE BUYING A PROPERTY IS THE BIGGEST FINANCIAL INVESTMENT THEY WILL MAKE IN THEIR LIFE. CHOOSE A PROFESSIONAL SKILLED SERVICE PROVIDED BY AN EXPERIENCED SOLICITOR LIKE ANDREW VEITCH RATHER THAN AN UNQUALIFIED CLERK FROM A BUDGET BULK CONVEYANCING FIRM

If you are buying or selling your home, house or flat, purchasing a buy to let property, purchasing development land or obtaining a mortgage or remortgaging please feel free to have a chat with Andrew Veitch for an initial no obligation telephone estimate of conveyancing costs or simply to ask for some initial general advice. Andrew Veitch is more than willing to outline the conveyancing process and indicate what questions you may wish to ask an estate agent or seller prior to making an offer on a property. This may be of use to first time buyers or a buyer purchasing a short lease.

Andrew Veitch is an experienced and highly recommended solicitor in London W1. Unlike many other firms, Andrew Veitch will deal with your matter in its entirety and will promptly answer all e-mails and telephone calls and is more than happy to discuss any questions you may have as well as providing you with copies of all the relevant documents and a report on title prior to you exchanging contracts. You will receive a friendly and personal service from Andrew Veitch who is willing to go the extra mile to ensure your matter proceeds efficiently by providing you with constructive advice and swiftly dealing with any problems that may arise. You will not simply be a reference number or dealt with by a non-solicitor or unqualified clerk working in a business park located halfway across the country which charges premium telephone rates if you call them and if you are actually able to speak with them due to the high volume of work they are expected to undertake - like some bulk internet or budget conveyancing firms.

Andrew Veitch is also a Landlord & Tenant solicitor and thus can also deal with letting/tenancy agreements and assured shorthold leases if you are purchasing a buy to let property or you require a lease extension pursuant to the Leasehold Reform Housing and Urban Development Act 1993. Andrew Veitch is also able to resolve any landlord & tenant issues that may arise without the need to incur the additional fees of instructing a separate landlord & tenant solicitor, for example gaining possession of your property and evicting tenants refusing to leave the property or amending a defective lease etc

Please feel free to have a look at Solicitor.info where clients have left reviews of my services over the years:-

www.solicitor.info/solicitors/andrew-veitch/1169/1

Andrew Veitch can also undertake work for and his firm is on the following mortgage lenders solicitor conveyancing panels (not an exhaustive list):

Cheltenham & Gloucester Building Society

Coutts

Coventry Building Society

HSBC (including "Indirect Mortgages")

Intelligent Finance

Lloyds Banking Group

Lloyds TSB

National Wesminster Bank (NatWest)

Royal Bank of Scotland

The Mortgage Business (TMB)

Woolwich

Please feel free to telephone Andrew Veitch to discuss your requirements in more detail or e-mail Andrew Veitch details or your proposed purchase and/or sale for a no obligation estimate of fees.

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

Landlord and Tenant Solicitor London W1

2015-06-18T12:27:00.001+01:00

LANDLORD AND TENANT SOLICITOR LONDON W1

CLAIM AGAINST THE COUNCIL, YOUR LANDLORD OR YOUR FREEHOLDER FOR DEFECTS TO YOUR PROPERTY

Please contact Andrew Veitch for an initial no obligation telephone assessment of your dispute with your landlord, the Council or your local authority. Andrew Veitch is an experienced and highly recommended solicitor in London W1 and will aim to obtain the best possible legal outcome of your dispute or claim against your landlord, the Council or your local authority.

The case of Begum -v- Birmingham City Council [2015] EWCA Civ 386 relates to a successful claim by an ex-local authority tenant who purchased a property from the Council under the “right to Buy” legislation for the defects the property suffered from.

Ms Begum purchased her house from the Council in 2003 pursuant to the “Right to Buy” provisions of the Housing Act 1985. Subsequently cracking appeared in the rear extension of her property. The building insurers refused to cover a claim against the buildings insurance policy on the basis that the damage caused by the cracking was a pre-existing defect.

However, Ms. Begum was successful in her claim for breach of statutory duty under Section 125(4a) of the Housing Act 1985. Where a tenant has claimed a “Right to Buy” the local authority needs to serve a notice on the tenant containing certain prescribed information. Section 125(4a) states, “The notice shall contain a description of any structural defect known to the landlord affecting the dwelling-house all the building in which it is situated or any other building over which the tenant will have rights under the conveyance or lease”.

The Court ruled that the local authority was aware of a defect relating to lack of wall ties between the rear wall and the neighbouring property and thus was under a duty to disclose the defect in the notice to Ms Begum prior to her purchasing the property. Therefore the council was also in breach of its statutory duty for the cracking of the walls in the rear extension. The Judge ruled that if the Council had informed Ms Begum of the defect to the lack of wall ties prior to her purchasing the property Ms Begum would have insisted on this defect being rectified prior to her purchasing the property. Accordingly the court awarded Ms Begum £71,000 for the costs of the remedial works to the property and general damages for inconvenience in the sum of £11,500.

Please feel free to telephone Andrew Veitch to discuss any potential dispute with your landlord, the Council or the local authority in more detail or email Andrew Veitch summary of your dispute so that he can assess your needs and requirements before speaking to you.

E-mail: andrew@guyclapham.com

Tel: 0207 935 1095

Blog: www.andrewveitchsolicitor.blogspot.com

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

NEIGHBOUR DISPUTE SOLICITOR LONDON AND NATIONWIDE - ANDREW VEITCH SOLICITOR LONDON W1

2015-06-16T13:35:00.000+01:00

NEIGHBOUR DISPUTE SOLICITOR LONDON AND NATIONWIDE

Boundary Disputes (Fences, Walls and Ownership), Access and Rights of Way, Blocked Rights of Way, Access for Repairs, Nuisance and Noise, Abusive Neighbours, Hedges and Rights of Light, Tree - Overhanging Branches and Roots, Party Wall Awards and Building Work

Please contact Andrew Veitch for an initial no obligation telephone assessment of your dispute with your neighbour. Andrew is an experienced and highly recommended solicitor and will aim to obtain the best possible legal outcome for your dispute with your neighbour.

Often a letter from a solicitor such as Andrew Veitch to your neighbour asserting your rights may make your neighbour realise that you are serious and willing to progress your complaint with them and result in your neighbour's cooperation and a successful resolution of your complaint.

If a letter from a solicitor is not sufficient Andrew Veitch can provide a no obligation estimate of the costs likely to be incurred to issue court proceedings to recover damages (to cover your financial loss) and/or in obtaining court injunctions to prevent your neighbour continuing with their undesirable actions.

Please feel free to telephone Andrew Veitch to discuss your neighbour dispute in more detail or e-mail Andrew Veitch a summary of your dispute so that he can assess your needs and requirements

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date. Therefore this blog is subject to our following disclaimer and conditions of use: Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)

Andrew Veitch Solicitor and lawyer in London

2015-06-09T14:43:00.000+01:00

Andrew Veitch ( LL.B., M.A., PgDip ) is a partner in the law firm Guy Clapham & Co solicitors (51-55 Weymouth Street, London W1G 8NH, E-mail: andrew@guyclapham.com Tel: 0207 935 1095 http://www.guyclapham.com/ )

Andrew Veitch deals with the following areas of law: commercial and residential property, conveyancing, litigation, divorce, family, debt collection,insolvency, bankruptcy, landlord and tenant, wills, trust, probate, personal injury and employment. Andrew has clients ranging from large companies and property developers, Hollywood actors, world champion sportsmen, local businesses to everyday individuals throughout London and the whole of England and Wales.

Andrew Veitch (LL.B., M.A., PgDip) has a law degree, a masters degree, a post graduate diploma in legal practice and is admitted as a solicitor of the Supreme Court. With a team that includes excellent hard working staff, Andrew Veitch has a professional team, qualified to deal with all aspects of your legal requirements efficiently and cost effectively. Andrew Veitch is able to offer professional legal services to deal with your requirements in a fast and efficient manner in order to obtain the best result achievable.

Andrew is willing to consider providing a free initial consultation and will provide a written estimate of his fees. Andrew Veitch is also willing to act on a no win no fee basis (conditional fee agreement) if circumstances permit.

With offices conveniently located in the West End of London (Marylebone - Westminster) near to Central London County Court, the High Court and the Royal Courts of Justice and numerous stations and bus routes. The office is in the West End of London near Oxford Street and is located within walking distance of the following stations: Marylebone , Marble Arch , Baker Street , Bond Street , Oxford Circus , Great Portland Street , Regents Park , Euston and Kings Cross.

Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)

WILL & PROBATE SOLICITOR LONDON W1 - ANDREW VEITCH

2014-10-13T15:30:00.001+01:00

WILL DRAFTING - CHANGES TO INTESTACY RULES

If you die without leaving a valid will your estate (everything you own) has to be shared out in accordance with the Intestacy Rules.

Due to The Inheritance and Trustees Powers Act 2014 (ITPA 2014) as from 1st October 2014 the way in which the assets of people who die without wills are shared between their relatives has changed.

From 1st October 2014 spouses and civil partners have new inheritance rights under the intestacy rules, as well as adopted children, unmarried fathers and other family members and dependents. There are also changes to the powers trustees have to deal with the capital and income of trusts

Due to the new intestacy rules a spouse (husband or wife) or civil partner may inherit the whole of the deceased’s estate. Although, if the deceased also leaves children the estate has to be shared between the surviving spouse/civil partner and the children.

Further changes are that under the old rules survivors were entitled to receive an amount called the statutory legacy. This was a fixed sum of £250,000 where there were surviving children or £450,000 if there were no children. Under the new rules the statutory legacy will be reviewed (at least every five years) and rise in line with the Consumer Prices Index.

There are also new inheritance rights for unmarried fathers as under the old rules where a child died whose parents were not married the child’s estate was to be distributed as if the child’s father and had died before the child. Under the new rules this will not apply if the child’s father’s name appears on the child's birth certificate.

There are also new rules to make it easier for dependants to claim financial support from a deceased partner or parent if they would not receive anything under the intestacy rules.

The new intestacy rules also allow trustees to use all of the capital and income of a trust for the benefit of beneficiaries, compared to only half the capital and income under the old rules.

Nevertheless, it is still sensible to have a will drafted so that you can ensure your estate is distributed in accordance with your wishes when you die and in order to provide the trustees of your estate with additional authority to deal with your estate as you wish. This is especially the case if you do not wish for your estate to be dealt with in accordance with the strict intestacy rules or wish to leave a particular item, such as an amount of money, watch, wedding ring, house or shares etc, to a particular person.

If you contact Andrew Veitch (andrew@guyclapham.com) he may be willing to review your financial circumstances and the way you propose to distribute your estate free of charge in order to provide an estimate of fees for drafting your will.

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date. Therefore this blog is subject to our following disclaimer and conditions of use: Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)

HIGHLY RECOMMENDED RATED AND REVIEWED LAWYER / SOLICITOR IN LONDON W1 - ANDREW VEITCH SOLICITOR

2013-02-12T13:15:00.000+00:00

INDEPENDENT REVIEWS, RATING AND RECOMMENDATION OF LONDON SOLICITOR ANDREW VEITCH

Andrew Veitch has received 34 reviews on the independent Solicitor.Info website and has an average 5 Star rating for example:

21/06/15 - Rating by James Walsh

Area of law reviewed: Conveyancing/property

Andrew Veitch has received 9 reviews on the Freeindex.com recommendation web-site which reviews and ranks solicitors based on "Value for Money", "Professionalism" and "Quality":

5 stars		8
4 stars		1
3 stars		0
2 stars		0
1 stars		0

8 reviews rated Andrew Veitch as a 5 star (exceptional) solicitor

1 review rated Andrew Veitch as a four star (good) solicitor.

Please feel free to telephone Andrew Veitch to discuss your requirements in more detail or e-mail Andrew Veitch details or your legal requirements or quesry for a no obligation estimate of fees.

E-mail: andrew@guyclapham.com

Tel: 0207 935 1095

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

DO YOU STILL HAVE A REDUNDANCY CLAIM ? - EMPLOYMENT SOLICITOR ANDREW VEITCH LONDON W1

2013-01-30T12:55:00.000+00:00

HAS THERE BEEN A CHANGE IN THE SELECTION CRITERIA FOR REDUNDANCY?

Normally employers have been required to use "objective" selection criteria to ascertain which employees are selected for redundancy. This involved a selection criteria where scores or assessments were made against all the employees that potentially were subject to redundancy in order to select which employees were made redundant. However, in a recent judgement by Lord Neuberger (the country's most senior judge) this position may have changed.

Lord Neuberger sitting in the Employment Appeal Tribunal decided in the case of Mitchells of Lancaster (Brewers) -v- Tattersall [2012] UKEAT/0605/11 that a "subjective criteria" could be used in certain circumstances.

In this particular case, the decision related to a relatively small company in serious financial difficulties, where the board decided to make one redundancy out of 5 people in its management team. It was decided the selection criteria would be "whose post could be abolished with the minimum detrimental impact on the business". Clearly this is a subjective view that the directors would have to take rather than the traditional objective method where a scoring system based on a matrix or assessment is used. Lord Neuberger stated, "It is hard to see how it can be inappropriate for a relatively small company in serious financial difficulties.... to apply this criteria...".

Only time will tell how this decision will be applied in due course, but it appears that a change in approach has occurred.

If you require any advice with regard to employment matters, employment contracts, redundancy, unfair dismissal, wrongful dismissal or a compromise agreement please do not hesitate to contact Andrew Veitch who may be willing to initially discuss (for free) whether or not he will be to assist or advise you further.

ILLEGAL CAR CLAMPING - ANDREW VEITCH PROPERTY LAWYER IN LONDON W1

2012-12-07T16:22:00.002+00:00

PROTECTION OF FREEDOMS ACT 2012

Since the 1st October 2012 Section 54 of the Protection of Freedoms Act 2012 makes it illegal for anyone other than lawful authorities to clamp or remove vehicles parked on private land.

Employment solicitor London W1 - Andrew Veitch expert advice - National Minimum Wage

2012-11-19T15:21:00.002+00:00

NATIONAL MINIMUM WAGE RATES

Employment lawyer in London W1 - Andrew Veitch

From 1 October 2012 the new National Minimum Wage rates are:

£6.19 - the main rate for workers aged 21 and over (up from £6.08)

£4.98 - the rate for workers aged 18-20

£3.68 - the rate for workers above school leaving age but under 18

£2.65 - the rate for apprentices under 19 ,or 19 or over and in the first year of their apprenticeship

Employers need to ensure they are compliant and check if contracts and recruitment documentation needs to be amended. If an employer is found not to have paid their employees the minimum wage they face having to pay any outstanding arrears in wages, a penalty of up to £5,000 and in the most serious cases criminal prosecution.

COMMISSIONER FOR OATHS, CERTIFYING DOCUMENTS AND CHANGE OF NAME DEED POLL - LONDON SOLICITOR ANDREW VEITCH

2012-11-07T16:09:00.000+00:00

COMMISSIONER FOR OATHS IN LONDON - CERTIFYING DOCUMENTS - CHANGE OF NAME DEED POLL

Affidavits, Statutory Declarations, Oaths, Change of Name Deed Poll, Declarations of Freedom to Marry or Certifying documents:-

Andrew Veitch a solicitor in London W1 can act as a Commissioner of Oaths in witnessing and swearing statutory declarations, oaths or affidavits. I can also provide certified copies of documents for £5 by certifying that the original documents are true copies of the originals, such a certifying passports or indentity documents as proof of address, bank statements, utility bills and council tax demands.

I also draft statutory declarations and affidavits, to legalise issues that require a declaration to be made. I can also draft change of name deed polls if you would like your name changed or wish to regularise your name where there has been a discrepancy on your passport or birth certificate.

In English law, a Commissioner for Oaths is a person appointed by the Lord Chancellor with power to administer oaths or take affidavits. The following fees are prescribed by the Commissioners for Oaths (Fees) Order 1993/2297:

The fee for taking or swearing an affidavit, declaration or affirmation is £5.00 for each person.

In addition, for each exhibit or schedule referred to in the document being sworn and required to marked there is a fee of £2.00.

Please contact Andrew Veitch if require an affidavit, statutory declarations, oaths or deed polls to be drafted or for it to be witnessed or sworn or you require documents to be certified as true copies.

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

Office: Guy Clapham & Co solicitors, 51-55 Weymouth Street, Marylebone, Westminster, London W1G 8NH

Property solicitor in London W1 - Andrew Veitch - Squatters and squatting and the distinction between residential and commercial property

2012-10-29T13:30:00.000+00:00

SQUATTING: THE DIFFERENCE BETWEEN RESIDENTIAL AND COMMERCIAL PROPERTY

On 1 September 2012 squatting in a residential building became an offence under S.144 Legal Aid Sentencing and Punishment of Offenders Act 2012 (“the Act”). Under the Act squatters found in residential premises can be fined a maximum of £5,000 and/or imprisoned for up to six months. To a certain extent, it may be more important to homeowners that the squatters can now be arrested and quickly removed from the property, without the need to undertake lengthy possession proceedings through the courts.

The offence applies when a person trespasses in a residential property with the intention of living there. Section 144 of the Act provides that a person commits an offence if: the person is in a residential building as a trespasser having entered as a trespasser; the person knows or ought to know that he or she is a trespasser; and the person is living in the building or intends to live there for any period. A ‘building’ is defined as including any structure or part of a structure (including a temporary or moveable structure) and a building is ‘residential’ if it is designated or adapted, before the time of entry, for use as a place to live. Please note the Act cannot be used with regard to tenants who have failed to pay rent and are in rent arrears.

On 2nd September 2012 Alex Haigh, Anthony Ismond and Michelle Blake were found squatting in a residential property in Cumberland Street in London and were arrested and removed from the property. These squatters subsequently pleaded guilty in court and Haigh was sentenced to 12 weeks in prison.

However, web-sites, which provide information on squatting, are already making it common knowledge that commercial premises are not covered by the Act. Thus it is likely that squatters will now deliberately target commercial premises, instead of residential premises. Accordingly, landlords of commercial property need to be extra vigilant in taking steps to ensure that vacant commercial property is secured to stop occupation by squatters.

Divorce solicitor in London W1 Andrew Veitch - financial settlement and maintenance

2012-10-26T16:29:00.000+01:00

ADVICE ON OBTAINING A DIVORCE FINANCIAL SETTLEMENT AND MAINTENANCE

In divorce proceedings, either spouse (husband or wife) has the ability to make a claim against the other for a financial settlement. This type of claim is called ancillary relief proceedings. There is no time limit for making such a financial claim, unless you remarry before making a financial claim. Private settlements between spouses do not bind the court.

The court has the power to make four main types of order:-

Periodical Payments

The payment of regular amounts of money to the other spouse (normally paid weekly or monthly). These payments are often referred to as maintenance or in the USA as alimony.

Lump Sum Order

A one-off payment of money from one spouse to the other.

Property Adjustment Order

An order that property (such as a family home) can be either transferred to the other spouse or sold.

Pension Sharing Order

The court can order that a certain percentage from one spouse’s pension can be used to create a separate pension fund for the other spouse.

Often people believe that it is unnecessary to obtain a formal court order setting out a financial settlement when they divorce. However, circumstances can change as you may receive an inheritance or if you are extremely lucky win the lottery or you could be promoted with a larger salary or your spouse may lose their job. This may then result in a financial claim being made against you, which would not have been possible if you had already entered into a “clean break” settlement.

In a clean break consent order the parties set out a financial agreement that is then approved by the court and this formally dismisses the right for either spouse to ask for more money from each other in the future. A clean break consent order is likely to be granted if the terms agreed between the parties seem fair and reasonable to the court. Of course a clean break order may not be suitable for you if you believe that your spouse may become wealthier in the future.

It is also important to consider potential claims under the Inheritance (Provision for Family and Dependants) Act 1975, as a former spouse even after you have divorced (obtained a decree absolute) may have a claim against your estate. Therefore such a potential claim should be dealt with in the drafting of the court order in order to defeat such a claim.

It is extremely important to remember that the family courts have wide discretion when dealing with ancillary relief financial applications. As the saying goes – there is more than one way to skin a cat! Thus the judgements of family courts can vary significantly from one particular case to another in order to deal with particular circumstances involved.

Please contact Andrew Veitch to discuss any family law, divorce or ancillary relief matters you may wish to obtain advice upon:

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date. Therefore this blog is subject to our following disclaimer and conditions of use: Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)

Andrew Veitch Solicitor London W1 - Administration of Estates

2012-10-25T13:13:00.000+01:00

ADMINISTRATION OF ESTATES OF MISSING PEOPLE

The Presumption of Death Bill is due to receive its second reading in the House of Commons on 2 November 2012. As the law stands at the moment there are great difficulties in registering the death of a missing person. Without a death certificate probate cannot be obtained nor the deceased’s estate administered. Other issues are also made problematic such as selling property held in the missing person’, dissolving a marriage, claiming life insurance and pensions. In common law there is a presumption that if a person has been missing for seven years they are presumed dead. However there is no statutory provision relating to the presumption of death. If the Bill is passed and placed on the statute books it will introduce new laws to help relatives arrange the financial affairs of missing people and with much greater ease than relying on the common law presumption of death.

If you require any advice regarding probate or the administration of estates or matters relating to wills please do not hesitate to contact Andrew Tel: 020 7935 1095 E-mail: av@guyclapham.com

Solicitor London W1 employment law Andrew Veitch

2012-10-24T14:18:00.000+01:00

Supreme Court judgement on missed bonuses

On Wednesday 24th October 2012 the Supreme Court has ordered that a total of 174 female ex-Birmingham City Council workers may proceed with compensation claims over missed bonuses (thus lower pay) after Birmingham council lost a court appeal. In this landmark judgement the Supreme Court rejected the council's argument that the claims should have been to an Employment Tribunal made within six months of the women leaving their jobs. The former female workers now have six years to submit their compensation claims. The claims relate to the fact that although the women were paid the same salaries as men the women were not offered bonuses of up to £15,000 that the women weren't entitled to and never received.

If you have any employment matters such as drafting employment contracts or compromise agreements or claims for unfair, wrongful or constructive dismissal pleased do not hesitate to contact Andrew Veitch solicitor London W1 :-

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com.

Andrew Veitch Solicitor London W1 receives exceptional reviews (96% satisfaction rate)

2012-10-17T13:56:00.000+01:00

4.8 out of 5 7 reviews

Andrew Veitch has received 7 reviews on Freeindex.
4 reviews rated Andrew Veitch as an exceptional solicitor
while 3 reviews rated Andrew Veitch as a good solicitor.

www.freeindex.co.uk/profile(andrew-veitch)_137358.htm

Please contact Andrew Veitch if require an affidavit, statutory declarations, oaths or deed polls to be drafted or for it to be witnessed or sworn.

Tel: 020 7935 1095

E-mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

Highly Recommended Solicitor London W1 - Andrew Veitch

2012-10-16T15:11:00.002+01:00

We've been reviewed 2 times on

Sarahfeatherdesign
London
1 review

05-10-2012

I highly recommend central London solicitor Andrew Veitch as he has dealt with our legal work for a number of years. Andrew Veitch is reliable and goes out of his way to act quickly at a reasonable fee for a west end solicitor. Managing Director Sarah Feather Design Limted more...

ProfNightingale
London
6 reviews

11-06-2009

I have recommended Andrew Veitch as an excellent solicitor on many sites in the past. Having just had to use his services again he has reconfirmed my view of his fantastic service and ability. He is willing to listen and gives you straight talking advice. He is a joy to deal with and a breath of fresh air in the world of London solicitors.more...

Qype Review

ANDREW VEITCH SOLICITOR CENTRAL LONDON W1 - FREE INITIAL LEGAL CONSULATION

2009-11-18T11:58:00.000+00:00

Andrew Veitch a solicitor in central London W1 is willing to consider an initial free consultation for new clients on a range of legal matters. Andrew Veitch will also provide a no obligation free written estimate of his fees. Please feel free to browse through the articles that Andrew Veitch has posted on this blog with a view to providing insight into a range of legal matters that you may have to consider throughout your life.

Andrew has advised clients ranging from large companies and multi-million pound property developers, Hollywood actors, world champion and Olympic sportsmen, local businesses to everyday individuals throughout London and the whole of England and Wales.

Andrew Veitch (LL.B., M.A., PgDip) has a law degree, a masters degree, a post graduate diploma in legal practice and is admitted as a solicitor of the Senior Court of England and Wales (Formerly the Supreme Court.)

Andrew Veitch is professionally qualified to deal with all aspects of your legal requirements efficiently and cost effectively. Andrew Veitch is able to offer professional legal services to deal with your requirements in a fast and efficient manner in order to obtain the best result achievable.

Andrew Veitch's office is conveniently located in the West End / Central London (Marylebone - Westminster) near to Central London County Court, the High Court and the Royal Courts of Justice and numerous stations and bus routes. The office is in the West End of London near Oxford Street and is located within walking distance of the following stations: Marylebone, Marble Arch, Baker Street, Bond Street, Oxford Circus, Great Portland Street, Regents Park, Euston and Kings Cross.

Andrew Veitch's office is also located adjacent to Harley Street and Wimpole Street which allows easy access to medical and dental experts with regard to personal injury and accident claims and medical negligence claims.

Andrew Veitch's office is also located in the proximity of the head offices of the Howard De Walden Estate, the Portman Estate, the Grosvenor Estate and Cadogan Estate and is thus ideally situated to advise and serve notices and claims related to lease extensions and leasehold and freehold enfranchisement with regard to Marylebone, Mayfair, Westminster, Chelsea and Knightsbridge.

Please contact Andrew Veitch for your free initial consultation at:

Guy Clapham amp; Co solicitors

51 - 55 Weymouth Street

Marylebone

Westminster

London W1G 8NH

DX: 83300 WEST END 2

Tel: 020 7935 1095

Fax: 020 7935 9127

E-Mail: andrew@guyclapham.com

Blog: www.andrewveitchsolicitor.blogspot.com

Therefore this blog is subject to our following disclaimer and conditions of use:

COMPANY LAW SOLICITOR - ANDREW VEITCH - SOLICITOR LONDON W1 - COMPANIES ACT 2006

2009-09-30T15:38:00.002+01:00

FREE INITIAL CONSULTATION

Andrew Veitch (a partner in a London firm of solicitors in the West End of London W1 - Marylebone) is willing to initially discuss (free of charge) your your company law requirements. In order to obtain your free evaluation, in the first instance, I suggest that you e-mail Andrew Veitch with your contact details and a description of your Company Law requirements and/or queries: andrew@guyclapham.com

The following provisions of the Companies Act 2006 will come into force on 1st October 2009:

COMPANY DIRECTORS - ADDRESS

From 1st October 2009 company directors can provide a service address which will be available on the public record instead of their residential/home address. Directors may give any address for service including the company's registered office.

A director's residential address will still be required by Comapnies House, however the residential or home address will be held on a separate register of residential addresses. Access will be restricted to separate register of residential addresses. Nevertheless, if a director continues to use their residential address as the address for service the register at Companies House will not disclose that that this address is their residential or home address. However, on 1st October 2009, unless a director notifies Companies House of a seperate service address a director's current residential address will automatically become the service address. Thus a director can notify the company of a service address to be included in the Register of Directors. This new service address should then be notified to the Registrar of Companies using form CH01.

INSPECTION OF COMPANY RECORDS

If a person wishes to inspect a private company's records, they will have to give advance notice of the date and time they wish to carry out the inspection. The person inspecting the private company's records will be allowed to copy all or part of a records they are entitled to inspect.

Companies are also required to provide copies of records in the format that the inspecting person requests, be it a hard copy or electronic copy (even if this is not how the company stores the records.)

CHANGES TO ARTICLES OF ASSOCIATION

You are required to notify Companies House of any amendments to the company's articles within 15 days. If you fail to make the notification within the 15 day time limit the sanctions are that you could be held to have committed a criminal offence and be fined £200.

NEW COMPANIES HOUSE FORMS

All Companies House forms will change from 1st October 2009. The new forms must be used for all matters on or after 1st October 2009. If you submit an old form for matters on or after 1st October 2009 it will be rejected by Companies House. However, for matters which took place before 1st October the old 1985 Act forms should still be used.

Andrew Veitch solicitor, LL.B., M.A., Pg Dip

C/O Guy Clapham & Co
51 - 55 Weymouth Street
Marylebone
Westminster
London W1G 8NH

E-mail: andrew@guyclapham.com

Tel: 020 7935 1095

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date.

Therefore this blog is subject to our following disclaimer and conditions of use:

Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)

ANDREW VEITCH - LONDON SOLICITOR W1 - PERSONAL INJURY SOLICITOR LONDON W1 - PERSONAL INJURY CLAIMS - AN EXPLANATION OF NO WIN NO FEE AGREEMENTS (CFA's)

2009-09-29T14:06:00.012+01:00

FREE INITIAL ADVICE

Andrew Veitch a personal injury lawyer (a partner in a London firm of solicitors in the West End of London W1 - Marylebone) is willing to initially discuss (free of charge) your ability to pursue a personal injury claim / accident claim. Andrew Veitch will also advise you if he is willing to undertake your claim on a no win no fee basis (A Conditional Fee Agreement.) Andrew Veitch will also advise you on alternative methods of funding your personal injury claim, such as before the event insurance (BTE) and after the event insurance (ATE.) If you instruct Andrew Veitch to undertake your personal injury claim your matter will be dealt with by him (a "Grade A" experienced personal injury litigator,) rather than being dealt with by a lowly qualified solicitor, paralegal or even legally unqualified person as can happen with some claim management firms of solicitors.

WHAT DOES "No win No fee" REALLY MEAN?

No win No fee arrangements are technically called "Conditional Fee Agreements (CFA's) and were created by legislation in 1998. This legislation was essentially introduced to replace Legal Aid funding for personal injury claims. Legal Aid has been effectively abolished for all but a few cases of personal injury claim, for example Legal Aid can be available for medical negligence claims in certain circumstances.

The solicitor in agreeing to take on your case under a CFA takes a risk that he will win the case. This is because if your claim does not succeed he will not recover any of his fees. Therefore solicitors are only likely to agree to act on a CFA basis if they believe that you have a very strong case that is likely to succeed. However, even if you have a strong case there is always a risk that the claim does not succeed and the solicitor does not get paid. If your personal injury claim does not succeed and you have followed advice provided by Andrew Veitch you will not be charged any legal fees by Andrew Veitch.

WHAT HAPPENS IF YOU ISSUE A CLAIM AND YOU LOSE?

If you issue a claim at court and then subsequently lose your claim or withdraw your claim you are normally then liable to pay the defendant's legal costs. This is why Andrew Veitch will explain the need to consider the possibility of insuring yourself against losing your claim.

If you think you may have a claim or require further information why not contact Andrew Veitch for a free evaluation of your claim. Andrew Veitch has dealt with claims for the following injuries and accidents: Road Traffic Accidents (RTA) accidents at work / in employment, medical negligence, bike and car accidents, trips slips and falls (on roads, pavements and in shops.)

In order to obtain your free evaluation, in the first instance, I suggest that you e-mail Andrew Veitch with your contact details and a description of how your injury occurred, details of any witnesses that saw the accident and details of the injuries you sustained and any costs incurred or loss of earnings: andrew@guyclapham.com

Andrew Veitch solicitor, LL.B., M.A., Pg Dip
C/O Guy Clapham & Co
51 - 55 Weymouth Street
Marylebone
Westminster
London W1G 8NH

E-mail: andrew@guyclapham.com

Tel: 020 7935 1095

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date.

Therefore this blog is subject to our following disclaimer and conditions of use:

Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)

ANDREW VEITCH - LEASE EXTENSION SOLICITOR LONDON W1 - HOW TO EXTEND A RESIDENTIAL LEASE

2009-09-02T15:30:00.009+01:00

FREE INITIAL ADVICE

Andrew Veitch (a solicitor in the West End of London W1) is willing to initially discuss (free of charge) your ability to extend your residential lease.

FOR HOW LONG CAN YOU EXTEND YOUR LEASE?

The statutory right to extend your residential lease is provided by the Leasehold Reform, Housing and Urban Development Act 1993 (as amended.) This allows you to extend your lease by way of a grant of a new lease for a term of 90 years, in addition to the unexpired term of your lease. The new lease will also provide for a peppercorn rent (i.e. no money has to be paid for the rent - no rent is payable.)

HOW DO I QUALIFY TO EXTEND MY LEASE?

Subject to a few exceptions, to qualify to extend your lease by 90 years you must own a long lease (a lease that was originally at least 21 years long) and have owned it for the past two years.

WHAT IS THE BENEFIT OR WHY SHOULD I EXTEND MY LEASE?

As the length of the unexpired term of a lease decreases so does the resale value of the lease. Thus if you extend your lease you will add value to the sale price of your flat/property and/or prevent the value of your flat/property decreasing.

If a lease has less than 80 years unexpired (the amount/years left of a lease) then as part of the cost to extend your lease you will have to pay what is known as a "marriage value" to your landlord. This will increase the cost of extending your lease. For this reason should consider extending sooner rather than later.

Due to mortgage lender's requirements (Banks and building society) you could be faced with difficulties selling your flat if the unexpired term is less than is regarded as mortgageable by most lenders. Different lenders have different rules but they are generally require at least an unexpired term of 25 years beyond the length of a mortgage. As most mortgages are re-paid over 25 years most lenders require a minimum unexpired term of about 50 - 60 years. Thus if you extend your lease a buyer will be able to obtain a mortgage to purchase your flat/property and your flat/property will be more marketable and valuable.

WHAT IS THE PROCEDURE TO EXTEND MY LEASE?

There is a strict legal procedure to extend your lease. First of all you need to serve a Notice of Claim on the landlord to claim a lease extension (based of what you believe is the value of the cost of extending your lease.) I suggest that a specialist valuer is instructed to prepare a valuation report (especially in Central London) so that you are aware of the potential cost of the lease extension. I can recommend a suitable valuer to you.

The service of the Notice of Claim is only the start of the legal process for acquiring a 90 year extension. The cost of the lease extension may be agreed with your landlord (after negotiations) or your claim may end up in the the Leasehold Valuation Tribunal ("LVT") which may have to decide what the amount payable for the lease extension should be. Since there are strict time limits, rules relating to service of the notices and counter notices, information and documentation to be served and your claim could end up in the LVT (which is a little bit like a court hearing) you may be advised to seek legal advice or instruct a solicitor to handle your claim to ensure that your claim does not fail, you do not pay too much for your lease extension and you keep costs payable to your landlord to a minimum.

If you wish to consider extending your lease please do not hesitate to contact Andrew Veitch for further advice:

Andrew Veitch solicitor - LL.B., M.A., Pg Dip
C/O Guy Clapham & Co
51-55 Weymouth Street
Marylebone
Westminster
London W1G 8NH

E-Mail: andrew@guyclapham.com

Tel: 020 7935 1095

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date.

Therefore this blog is subject to our following disclaimer and conditions of use:

Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)