Stamp Duty Land Tax (SDLT) is a form of tax which you may be required to pay if you buy, or in some circumstances rent, a property or land in England or Northern Ireland. The amount due (if any) will depend on the purchase price. If you are renting, the amount due will depend on the length of the term, level of rental and whether or not VAT is charged on the rent. If SDLT is payable on the transaction, you will be asked to complete a SDLT return. This will need to be submitted to HMRC, together with the amount payable within 14 days of completion, otherwise you will be liable to pay a penalty fee. Your solicitor will be able to file the return on your behalf.
An Energy Performance Certificate (EPC) is required by law when a property is built, is being sold or rented out. There is a duty to commission an EPC before the property is put on the market. It shows information about the energy efficiency of a property, including the property’s energy use and typical energy cost. The certificate also provides an energy efficiency rating from A (most efficient) to G (least efficient) and is valid for a period of up to 10 years. If a commercial property is let, a landlord is required by law to have a minimum EPC rating of “E” and may need to make improvements to the property until this has been achieved.
There are certain types of property which are exempt from needing an EPC. These include those which do not have a roof or do not have walls, those which use no energy to condition the indoor climate, religious properties and buildings earmarked for demolition.
Having a property surveyed before buying or renting is highly advisable. It can give you a good idea of the condition of the property and highlight problems which you may otherwise not know about. Commercial tenants should be particularly wary when entering into a lease. This is because the lease may contain repairing obligations that require a tenant to give a property back to the landlord fully in repair. This may be the case even if the tenant was not responsible for any damage, or the property was not in a good state of repair at the start of the tenancy. Your solicitor will advise that you try to limit these obligations.
There are many risks that come with buying a property at auction. If the property seems like a bargain, there is probably good reason for it. It is strongly recommended you ask a solicitor to check through the legal pack in the weeks leading up to the auction date, as well as getting a survey done in case of structural or other issues. You should be conscious of the fact that on the ‘fall of the hammer’, exchange of contracts takes place, which is a legally binding contract between the buyer and the seller. This is often misunderstood. You will be committed to proceed with the purchase in accordance with the terms of the contract, if your bid is successful.
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In English law there isn’t a statutory legal definition of ‘furlough leave’. However, the general understanding is that it refers to situation in which a temporary drop in business happens because of an unusual or extraordinary situation which impacts on the economy and commercial environment as a whole. Furlough leave is an option that employers can consider where staff would otherwise be made redundant.
It’s best to work collaboratively with your employees with a view to agreeing working patterns which could include taking some unpaid leave or using up holiday days. The new provisions on furlough leave could also offer some important options for employees to consider.
This is a complex and very unusual situation so you should make sure you have specialist legal advice before you take any major steps.
If you do think you need to make people redundant, you need to check the terms of your employee contracts. There could be an express or implied right to lay people off or place them on short time working, which might be triggered in this situation.
Redundancy is a type of dismissal which usually applies in the following situations:
- When your employer has a reduced need for the work that you carry out
- When your employer ceases to trade
- When the place where you work is closing.
A cohabitation agreement is formal written agreement that describes what how an unmarried couple will regulate their financial arrangements while living together and what the arrangements would be if they were to separate. The agreement makes sorting such issues out more straightforward at the time of separation. It can cover practical issues such as:
- Finances and financial support
- Ownership of the family home
- Childcare arrangements
- Changes to your tenancy
- Division of contents such as furniture.
There is no legal concept of a ‘common law marriage.’ Living together without being married or in a civil partnership does not give you any particular rights around finances, property and children. A cohabitation can go some way to protecting you. If you think a cohabitation agreement could be for you, talk to one of our friendly family law solicitors.
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