A TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claim can be a complex process. The best method for avoiding a TOLATA claim is to prevent one arising in the first place by taking pre-emptive measures with any cohabitees. A written agreement between the parties can save a wealth of time and expense on protracted court proceedings.
As a landlord, you have obligations under S11 of the Housing Act 1987 to keep your property in good repair. In particular, you are responsible for:
It is not unusual for property to be co-owned by family members within a farming family, regardless of whether or not those members are actively involved in the farming business.
Commercial leases are unlikely to include provision for rent suspension in circumstances of a health epidemic and tenants will be left to try and negotiate a rent-free period or discounted rent with their landlord.
There has been a flurry of Inheritance Act 1975 cases in the last few weeks, most recently the case of Re H where an adult child claimant was successful despite her being estranged from her father and having had no financial assistance from him for a number of years prior to his death, and he had left his estate to his elderly and disabled spouse.
A recent decision by the First-tier Tribunal has decided that contributions to, and subsequent loans from, a remuneration trust scheme were not ‘earnings’ or disguised remuneration.
I acted for the beneficiary of a trust who was concerned that trust assets to which he was entitled had been maladministered.
The Government has now published the long-awaited Commercial Rent (Coronavirus) Bill which contains details of the proposed arbitration scheme intended to deal with unpaid rent arrears accrued during the pandemic.
When thinking of starting a new business venture or growing a current retail operation, many people look to the internet as the most effective and cost efficient route to market.
If you have been left out of a will or are a ‘disappointed beneficiary’ in that you have not received what you expected, you may be able to challenge it using a Larke v Nugus request if the will was drafted by a solicitor. It is important to distinguish this type of challenge from making a claim for financial provision under the Inheritance Act which would proceed on the basis that the will is valid.