April 2024 - Tees Law

Understanding retirement village purchases

Posted on 25 April 202410 July 2025 by Sarah O'Sullivan

Are you contemplating purchasing a property in a retirement village? It’s crucial to comprehend the distinct elements of this type of property acquisition. In this guide, we will delve into the key considerations, financial implications, and legal matters to consider when purchasing in a retirement village.

What to consider when purchasing in a retirement Village

When it comes to the purchase of a property in a retirement village, there are several crucial considerations to bear in mind. These factors can significantly influence your lifestyle and overall contentment with your new home. The most significant aspects to consider are:

Location and accessibility: The situation of the retirement village is vital. Consider the proximity to amenities such as shops, medical facilities, and public transport. You may also wish to ponder the distance to family and friends, as well as any desired recreational activities in the vicinity.

Facilities and amenities: Retirement villages often offer a variety of facilities and amenities to enhance your daily living. These may encompass communal areas, fitness centres, swimming pools, gardens, and more. Take the opportunity to evaluate the available amenities and ensure they align with your interests and lifestyle.

Community and social aspects: One of the main attractions of retirement villages is the sense of community they foster. Consider the social aspects offered, such as organised activities, clubs, and events. It’s crucial to find a retirement village where you can connect with like-minded individuals and cultivate meaningful relationships.

What are the financial implications of purchasing in a retirement village?

Having a comprehensive understanding of the financial aspects involved will enable you to make informed decisions and ensure you are adequately prepared.

The costs may vary depending on the location and facilities offered by the village but can include:

the purchase price of the property,
legal fees, stamp duty, search fees
Service charges cover the upkeep and management of the communal areas and facilities. (It is advisable to review the service charge breakdown and consider any potential increases in the future.)
additional charges for amenities such as parking

Consult with our specialist solicitors who understand retirement village acquisitions to understand these costs fully.

Resale value is also a significant consideration when purchasing in a retirement village. Understanding the factors that can influence the resale value of your property can assist you in making a wise investment. Factors such as location, amenities, and the reputation of the retirement village can all influence the resale value. It is advisable to seek expert advice from estate agents specialising in retirement properties to gain insight into the resale potential of the village you are considering.

What are the legal aspects of purchasing in a Retirement Village?

There are three key legal aspects that you should be aware of:

Lease restrictions: These restrictions can vary depending on the specific village and its management. Our legal team can review the lease agreement and ensure you are fully aware of any limitations or obligations.

Conveyancing costs: Conveyancing is the legal process of transferring ownership of a property from the seller to the buyer. It involves various fees, including – solicitors’ conveyancing fees and any disbursement (i.e. third-party payments such as stamp duty, searches, bank transfer fees, land registry fees, payment for service charges to the Management Company or ground rent, if lease involved and also notice fees).

Inheritance and succession planning: It’s crucial to have a well-drafted will in place to ensure your wishes regarding the inheritance of your property are carried out. Additionally, you may wish to consider establishing a trust or making arrangements for any potential care needs in the future.

Purchasing in a retirement village can offer a range of benefits, including a sense of community and convenient amenities. However, it’s crucial to carefully balance these advantages against potential drawbacks, such as financial commitments and lifestyle restrictions. Take your time to read and understand the legal documentation associated with the purchase. If you have any questions or concerns, don’t hesitate to ask for clarification.

Be proactive in your communication with the retirement village management and stay informed about any updates or changes that may impact your purchase.

Exploring alternative options is also recommended to ensure you make the best decision for your retirement years.

What are the alternatives?

Retirement villages are not the only choice for retirees. Some individuals may find the structured nature of retirement village living restrictive. It’s important to consider whether you prefer a more independent lifestyle or if you would thrive in a community environment with rules and regulations.

Other alternatives include:

downsizing to a smaller home,
moving in with family,
or exploring assisted living facilities.

Each option has its pros and cons, and it’s vital to consider what suits your personal preferences and needs.

At Tees, our expert team of legal and financial advisers can help support you to make the best decision for you and your family. Contact us today to discuss your retirement village property acquisition.

Medical negligence in mental health: Essex NHS Trust Inquiry

Posted on 23 April 202410 July 2025 by Sarah O'Sullivan

Mental health care in the UK has faced growing scrutiny in recent years, with numerous cases of medical negligence exposing systemic failings. One of the most concerning examples is the Essex Partnership University NHS Trust (EPUT), where the deaths of hundreds of mental health patients have led to the establishment of the Lampard Inquiry.

This article explores the circumstances that led to the inquiry, the objectives of the investigation, and how Tees Law can provide expert legal support for those seeking justice.

The crisis in UK mental health care

The NHS is renowned globally for its healthcare services, but mental healthcare has been severely under-resourced. Inadequate staffing, poor patient management, and insufficient oversight have led to numerous preventable deaths. At EPUT alone, the Lampard Inquiry will investigate up to 2,000 patient deaths between 2000 and December 31, 2023.

Essex partnership university NHS trust: A history of failings

EPUT has faced criticism for its substandard mental health care, with repeated reports of negligence and avoidable fatalities. Families of deceased patients have long demanded accountability. In 2021, the Trust was fined £1.5 million for failing to prevent suicides, yet concerns about patient safety persist.

Health and Social Care Secretary Victoria Atkins emphasized the importance of learning from these failures, stating, “We will ensure lessons are learned.”

The Lampard inquiry: Objectives and scope

The Lampard Inquiry, led by Baroness Kate Lampard CBE, aims to provide an independent investigation into mental health inpatient deaths. It will also examine the care provided by the North East London NHS Foundation Trust in Essex. Key areas of focus include:

Serious failings: Investigating instances of unsafe or inadequate inpatient treatment and care, including cases where harm short of death occurred.
Patient engagement: Evaluating how patients were involved in decisions about their care.
Family involvement: Assessing the extent to which families, carers, and support networks were included in care discussions.
Staff actions and behaviour: Scrutinising the conduct of permanent, temporary, and agency staff involved in patient care.
Trust culture and governance: Examining the governance structures, internal investigations, and cultural environment at EPUT.
Public body interaction: Analysing how the Trust interacted with external bodies such as regulators, coroners, and commissioners.

The human impact: Sandra Woods’ story

Tees Law has represented many families affected by medical negligence, including Sandra Woods, whose husband Mick died as a result of EPUT’s failures. Sandra shared her experience:

“My husband died because of the serious failings of EPUT. The Coroner concluded that Mick’s care amounted to neglect. My grieving family is one of thousands who have suffered unnecessarily. Even after the Trust’s £1.5 million fine, it seems lessons remain unlearned. I hope the Lampard Inquiry will finally bring an end to these failures.”

How Tees Law can help

If you or a loved one has experienced medical negligence in mental health care, Tees Law offers dedicated legal support. Our experienced solicitors can assist you with:

Case evaluation: We provide clear advice on whether you have grounds for a medical negligence claim.
Claim investigation: Our team thoroughly investigates your case, gathers evidence, and builds a strong legal argument.
Legal representation: We advocate on your behalf at inquests, inquiries, and court proceedings.
Compassionate support: Our solicitors provide empathetic guidance throughout the legal process.

Seeking justice with Tees Law

Medical negligence in mental health care demands accountability. The Lampard Inquiry is a vital step toward identifying systemic issues and preventing future tragedies. At Tees Law, we are committed to helping families seek justice and ensure their voices are heard.

Contact us

If you believe you have a medical negligence claim, contact Tees Law today. Our specialist solicitors are here to listen, support, and provide the expert legal assistance you need.

When should Non-Disclosure Agreements be used?

Posted on 20 April 202410 July 2025 by Sarah O'Sullivan

A Non-Disclosure Agreement (NDA) is a legal contract used to prevent people from discussing confidential information. In employment law they are often parts of a contract, or sometimes a standalone contract between employees and their employer.

Typically NDAs prevent employees and former employees from making information public, they can sometimes be referred to as ‘gagging orders’ or ‘confidentiality agreements’ or may be included within a settlement agreement when leaving employment.

Why use a Non-Disclosure Agreement?

NDAs have a valid use to protect commercially sensitive information such as inventions, ideas or anything that may damage a company’s reputation. They may be signed for instance by parties contemplating the sale and purchase of a business.

The Women and Equalities Select Committee (WESC) has recently published a report addressing the issues and is specifically concerned by the use of gagging clauses to settle discrimination and harassment claims, arguing that it means that these cases are not being properly investigated and that they cause an imbalance of power between employer and employee to the detriment of the employee.

What does a Non-Disclosure Agreement cover?

NDAs cannot stop an employee’s reported alleged illegal acts. If a manager or colleague faced allegations of or fraud, for instance, reporting these to the police would not be prevented.

Allegations of an employer making inappropriate comments, or bullying could be covered. However bullying may be illegal if it relates to certain protected characteristics such as race, religion, age, disability or sexual orientation.

The length of time for which an NDA applies will vary for each agreement.

Call our specialist solicitors on 0808 231 1320

Are Non-Disclosure Agreements legally binding?

The contracts are legally binding so that if you are a victim and you sign one, receiving a financial pay-out, you are prevented from talking to anyone about the allegations.

Can a Non-Disclosure Agreement be broken?

If you breach a valid, legally compliant NDA, then it is classed as breaching a contract, leaving you liable to legal action.

If a company thinks it is likely the NDA is going to be breached, then they can apply for an injunction. If you then breach an injunction, this is a criminal offence, and can lead to a fine or jail for those found guilty.

What if an employer wants to settle a discrimination case?

It is common to settle disputes, including for discrimination by settlement agreements. These can include confidentiality provisions but must not prevent whistleblowing or reports on criminal offences.

Do whistleblowers have legal protection?

NDAs cannot be used to prevent workers from whistleblowing. Any clause aiming to prevent you from making a valid public interest disclosure will be void.

References

These can be included in the settlement agreement and will not be contrary to an NDA or confidentiality terms.

Enforceability

Confidentiality and non-derogatory comments provisions can form valid, important parts of the deal for all parties in a transaction or settlement but must be drafted with care and in measured terms that are legally enforceable and compliant. We can assist you in advising and drafting on these.

At Tees we have a team of employment law specialists who can help you with any of the issues discussed here and provide support whether you choose to sign an NDA or contest it.