Sarah O'Sullivan, Author at Tees Law

Budget uncertainty sparks market shifts and opportunities

Posted on 21 November 202421 May 2025 by Sarah O'Sullivan

There was some uncertainty within the housing market ahead of the Autumn Budget at the end of October, which was reflected in muted consumer activity.

House price growth slowed ahead of the first Labour Budget in 14 years according to Savills. Mortgage rates rose slightly at the end of October as lenders repriced their fixed rates around the Chancellor’s announcements. However, Knight Frank do still expect house prices to increase by 3% this year.

Rachel Reeves confirmed that the lower Stamp Duty thresholds will be reinstated in April 2025, which is likely to cause a flurry of purchases in Q1 of 2025. Meanwhile, the increase in Stamp Duty on additional residential properties could reduce supply into the private rental sector.

Overall, many experts think that the Budget will cause inflation rates to be higher than initially predicted. This would lead to elevated mortgage rates, with less likelihood of strong house price growth.

Hope for the rental market?

Conditions could start improving for renters, with Savills commenting that residential rental prices may have reached an ‘affordability ceiling.’

Figures from Zoopla show that UK annual rental growth slowed to 4.3% in September – a further decline from 4.6% in August.

Plus, it seems that the Renters’ Rights Bill may not have prompted too many landlords to leave the market, with Knight Frank reporting that between January – August this year, there were 6% more new lettings listings in Prime London than the same period in 2023. This is a welcome relief, as limited supply is already an issue across the rental sector.

Commenting on the Renters’ Right Bill, Gary Hall, Head of Lettings at Knight Frank, said, “The new rules are likely to cause some logistical problems for landlords, but we are not expecting an exodus. Those who were on the fence have already left and those who stayed have benefited from strong rental value growth in recent years.”

Increase in chain-free homes for sales

Nearly a third of homes listed on Zoopla are currently chain-free.

From April 2025, homeowners and investors could be charged up to twice the amount of Council Tax on their second homes, which has prompted many to sell. In turn, there has been a 33% increase in buyer enquiries on chain-free properties.

Perhaps unsurprisingly, the UK’s second home hotspots have the highest proportion of chain-free homes for sale – the North West (36.5%), Yorkshire and The Humber (35.9%) and the South West (35.9%).

Senior Property Researcher, Izabella Lubowiecka at Zoopla, commented, “Those looking at buying a home before Stamp Duty rates increase in April 2025 should think about buying a chain-free home as they tend to complete much faster. Now is a great time to look for properties, with more chain-free homes available than in previous months.”

It is important to take professional advice before making any decision relating to your personal finances. Information within this document is based on our current understanding and can be subject to change without notice and the accuracy and completeness of the information cannot be guaranteed. It does not provide individual tailored investment advice and is for guidance only. Some rules may vary in different parts of the UK. We cannot assume legal liability for any errors or omissions it might contain. Levels and bases of, and reliefs from, taxation are those currently applying or proposed and are subject to change; their value depends on the individual circumstances of the investor. No part of this document may be reproduced in any manner without prior permission.

All details are correct at the time of writing (20 November 2024)

Managing the managers: Lessons from NHS accountability reforms

Posted on 21 November 202426 May 2025 by Sarah O'Sullivan

A new era of NHS accountability

The recent announcement by Health Secretary Wes Streeting, proposing stringent measures to overhaul NHS management, highlights a gear shift in how the Government expects healthcare performance to be scrutinised in England. NHS hospitals will soon be subject to league tables, measuring indicators like care delivery and financial performance, with the intention of making performance visible to the public. Managers of failing trusts may face dismissal if they are unable to drive improvements, while top performers will be rewarded.

While the drive for greater accountability is admirable, the NHS, like any employer, must manage change in culture, approach, and expectations with due regard for employment law.

The legal landscape: Understanding the employment bill

The Employment Bill introduces additional obligations and complexities that may make addressing performance and dismissing underperformers a daunting prospect for NHS employers.

Under the current law, employers must not discriminate based on “protected characteristics” under the Equality Act 2010 or dismiss an employee for whistleblowing. Employees with more than two years’ service also have general protection against unfair dismissal.

From an employment law perspective, several key aspects warrant attention:

Enhanced protection against unfair dismissal

The Employment Bill introduces strengthened protections that will likely extend to public sector employees, including NHS managers. Dismissals must be clearly justified with evidence showing not only that an individual has failed to meet specific performance metrics but that the criteria and processes leading to these conclusions are fair and reasonable.

League tables, while offering a snapshot of performance, may not always reflect an individual manager’s contributions or challenges. Employers will need to be cautious when using these tables as the basis for disciplinary action.

Transparency and accountability in dismissal procedures

The Bill mandates greater transparency in disciplinary and dismissal procedures. For NHS employers, this means ensuring that performance reviews, evidence of “turnaround efforts,” and evaluations are well-documented, objective, and supportable.

External oversight may be required in contentious cases, particularly when senior managers contest the validity of assessments based on league table standings. Transparency will be critical in demonstrating fair treatment.

Linking pay to performance: Challenges and considerations

NHS chief executives’ compensation will be tied directly to performance metrics. Coupled with the Employment Bill’s stance on fair and equitable treatment, NHS employers will need clear, justifiable benchmarks for performance-linked pay adjustments.

Discrepancies in the application of these measures may result in claims of unfair treatment or discrimination, potentially triggering grievances or legal disputes.

Turnaround teams and managerial autonomy

The introduction of turnaround teams adds another layer of complexity to NHS management structures. The Employment Bill’s emphasis on workers’ rights, autonomy, and protection from abrupt changes in duties means that managers may need additional support and clear guidelines if external teams are to oversee or redirect their initiatives.

Employers should balance intervention with respect for managers’ professional discretion to avoid claims of constructive dismissal or breach of employment terms.

The role of evidence in dismissal decisions

The Employment Bill strengthens the requirement for a comprehensive, fair approach in all dismissal decisions. With potential accusations of discrimination or victimisation—particularly if performance frameworks are unevenly applied—NHS employers must ensure that any decision to terminate a manager’s contract is robustly substantiated.

In cases where managers are deemed “rotten apples,” NHS leadership will need to demonstrate that such labels are backed by data and consistent with due process.

Striking the right balance: Leadership and legal compliance

As the NHS faces increasing scrutiny, balancing the need for high-quality leadership with the requirements of employment law will be crucial. Managers must be given the right support, clarity of expectations, and fair recourse, especially in a system that inherently poses complex challenges.

This reform offers an opportunity to foster genuine improvement in healthcare delivery, but only if handled with transparency, fairness, and respect for legal protections.

Looking ahead: Preparing for change in the NHS

As the implementation of these reforms approaches, NHS employers and legal advisers must stay vigilant. The Employment Bill underscores the importance of fair, transparent practices that respect both accountability and the legal rights of employees. Ensuring consistent application of these practices will be key to improving accountability and driving high performance without compromising procedural fairness.

If handled effectively, these changes may provide an opportunity for NHS leaders to enhance managerial accountability and ultimately improve healthcare outcomes across the system.

Tees Financial Ltd Wealth Specialist wins Later Life Adviser of the Year

Posted on 20 November 202429 March 2025 by Sarah O'Sullivan

A Wealth Specialist at Tees Financial Ltd has won a prestigious Women’s Recognition Award hosted by The Financial Reporter.

Toni Chalmers-Smith has worked in the financial services industry for over 30 years and specialises in advising clients requiring later years’ advice, including later life lending, equity release and care fees planning. She was delighted to recently accept The Later Life Adviser of the Year Award.

Launched in 2018, the awards aim to support the growing momentum for a more diverse and equal financial services community.

Toni understands that organising immediate or potential care funding for yourself or a loved one can be a complicated financial, legal, and emotional process. As an accredited member of the Society of Later Life Advisers (SOLLA), Toni can provide advice on care costs and is an expert in navigating the complex funding assessment process.

As a member of The Equity Release Council, Toni is committed to providing the very best independent advice to see if equity release is the right choice for you and, if so, to select the right product from the many available on the market.

Tees listen to what you want to achieve and clearly explain all the options available to you, minimising costs and helping you understand your choices and future financial implications.

On winning the award, Toni Chalmers-Smith said: “We believe financial and legal advice should take you to the stage where you can make clear and informed decisions, happy in the knowledge that you have received all the information and options needed to reach those very decisions.

I honestly believe at Tees, we don’t just give advice for now, but so you can truly have a better future in your retirement and later years.

I had a great night at the awards ceremony, and I’m pleased to have been recognised with this award, but I am even prouder to be part of Tees.”

Toni works closely with all colleagues across the Wealth team and law firm, providing specialist care fees planning and equity release advice to clients.

The Women’s Recognition Awards took place on Tuesday 22 October 2024, in London.

If you’d like advice, contact Toni Chalmers-Smith any time.

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. Tees is a trading name of Tees Financial Limited which is regulated and authorised by the Financial Conduct Authority. Registered number 211314.

Tees Financial Limited is registered in England and Wales. Registered number 4342506.

Health and Safety in the workplace

Posted on 13 November 202420 March 2025 by Sarah O'Sullivan

Whilst it is never a pleasant thing to think about accidents at work, they do occur. In order to avoid enforcement action corporate entities, directors and individuals need to ensure they comply with all relevant health and safety legislation or run the risk of large penalties and sanctions, convictions and reputational harm.

As a result, regulatory compliance is forming a critical part of everyday life. Let’s look at the statistics.

Latest figures from the Health and Safety Executive for 2022/2023 show:

875,000 workers suffering work-related stress, depression or anxiety
473,000 workers suffering from a work-related musculoskeletal disorder
2,257 mesothelioma deaths due to past asbestos exposures
138 workers killed in work-related accidents
561,000 workers sustained a non-fatal injury
60,645 injuries to employees reported under RIDDOR
35.2 million working days lost due to work-related illness and workplace injury
£20.7 billion estimated cost of injuries and ill health from current working conditions

What are employers required to undertake?

Health and Safety law states that employers must:

assess the risk to employees, customers and partners. They are also required to assess the risk to any other people who could be affected by their activities;
arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures;
have a written health and safety policy if they employ five or more people;
ensure they have access to competent health and safety advice;
consult employees about their risks at work and current preventive and protective measures.

What to consider if a workplace accident takes place?

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 [RIDDOR] places a duty upon employers, the self-employed and people in control of work premises, also known as the responsible person, to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences.

A RIDDOR report is required when the incident is work related or if it results in an injury of a type which is considered to be “reportable”.

The purpose of reporting is to warn the relevant authorities that an incident has occurred so that the Health and Safety Executive may review the circumstance, prevent a similar incident occurring again and to ensure compliance with the regulations.

Work related injuries will vary from sector to sector but common areas where work related injuries occur are falls from height, being struck by a moving vehicle and slips, trips and falls.

What injuries are considered to be reportable?

Deaths

Regulation 6 of RIDDOR states all deaths of both workers and non-workers arising from a work-related incident must be reported. It is important to note that deaths are also deemed reportable if the injured person died within one year following the work related incident.

Non fatal Injuries

Regulation 4 of RIDDOR deals with non-fatal injuries that must be reported by the Responsible Person these are:
fractures, other than fingers, thumbs, and toes
amputation
any injury likely to lead to permanent loss of sight or reduction in sight
any crush injury to the head or torso causing damage to the brain or internal organs
serious burns (including scalding) which covers more than 10% of the body and/ or causes significant damage to the eyes, respiratory system, or other vital organs
any scalping which requires hospital treatment
any loss of consciousness caused by head injury or asphyxia
any other injury arising from working in an enclosed space which leads to hypothermia or heat induced illness and/ or requires resuscitation or admittance to hospital for more than 24 hours

Diseases which have been caused or made worse as a result of work must be reported. This included diagnosis of:

carpal tunnel syndrome;
severe cramp of the hand or forearm;
occupational dermatitis;
hand-arm vibration syndrome;
occupational asthma;
tendonitis or tenosynovitis of the hand or forearm;
any occupational cancer;
any disease attributed to an occupational exposure to a biological agent

What records need to be kept?

Regulation 12 of RIDDOR requires the responsible person to keep a record of any reportable injury, which includes any injury which results in the injured person being unable to carry out their normal work for more than 3 days.

The record must be kept for 3 years from the date in which it was made, this may be kept in the form of an accident book. The accident book must include the following information:

Date and time of accident/ diagnosis of disease;
the person’s full name;
injury / diagnosed disease;
their occupation;
where not at work their status;
The location of the accident;
A brief description of the circumstances/ nature of the disease;
The date the incident was first notified to the authorities;
The method used to report the incident;

Why is it important to review the accident book?

The Accident Book is an essential document for employers and employees, who are required by law to record and report details of specified work-related injuries and incidents.

There are a few reasons why an accident book is a workplace essential. The information in the book can help to identify risks and accident trends, which can help to prevent accidents in the future. The accident book can also help in cases where the injured person decides to pursue compensation, or when the company is being investigated for potentially breaching health and safety regulations.

It enables businesses to comply with legal requirements under health and safety legislation, including Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) requirements.

When and how to report?

The responsible person must notify the relevant authority of the reportable incident by the quickest means and without delay. The Regulations require the responsible person to send a report of the incident within 10 days.

If a worker is incapacitated for more than seven consecutive days, the accident must be reported. For incapacitation over three days, the accident must be recorded but not necessarily reported.

When submitting a RIDDOR you will be able to download a copy of the submission to keep for your records, it is advisable to do so.

As with all health and safety issues in the workplace, employers, the self-employed and the Responsible Person should ensure they are fully up to date with the reporting requirements for RIDDOR. They should also make sure that the accident book is kept up to date. Accurate records are essential to protect employers, employees and, where appropriate, members of the public.

Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances. There is also no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent.

Where to report a workplace incident?

Any workplace incident can be reported online via the Health and Safety Executive website or via telephone. Please visit the Health and Safety Executive website for the relevant contact details.

Failing to report a reportable incident is a criminal offence. Not knowing the proper procedure for RIDDOR is not a defence, therefore it is critical that you understand and comply with the regulations to prevent investigation and prosecution by the Health and Safety Executive.

CIL liability and pre-commencement conditions: What developers need to know

Posted on 8 November 202422 May 2025 by Sarah O'Sullivan

Development in breach of pre-commencement conditions cannot attract CIL.

There have been a series of Community Infrastructure Levy (CIL) appeal decisions which suggest that CIL can be levied on development carried out in breach of pre-commencement conditions and therefore without planning permission (appeal references 3346994, 3330866, 3319897, 12001570). Such an approach is clearly unlawful and open to challenge.

Why does this matter?

From a developer’s perspective, this can deprive them of the chance to secure CIL reliefs thereby significantly increasing the cost of development. From a charging authority’s perspective, when a court eventually quashes such a CIL charge, they will need to repay any CIL collected in these circumstances and may also face claims from developers seeking damages for the lost opportunity to secure CIL reliefs.

Legal Context

CIL is a tax charged on new development in accordance with the Community Infrastructure Levy Regulations 2010 (the Regulations). The Regulations are what is known as ‘secondary legislation’ and, in this case, authorised by Part 11 of the Planning Act 2008 (the PA2008).

Before briefly summarising the relevant provisions of the PA2008 and the Regulations, it is important to note three fundamental and legal principles:

Firstly, secondary legislation (such as the Regulations) cannot have an effect outside the scope of its parent act (R (Public Law Project) v Lord Chancellor [2016] UKSC 39).
Secondly, there can be no taxation without the clear authority of parliament. That authority must either be express (i.e. expressly set out in an Act of Parliament) or necessarily implicit in such an act. However, a power to tax can only be implied in very rare circumstances. As the court noted in the case of Attorney General v Wilts United Dairies Ltd (1922) 38 T.L.R. 781: “the circumstances would be remarkable indeed which would induce the Court to believe that the Legislature had sacrificed all the well-known checks and precautions, and, not in express words, but merely by implication, had entrusted a Minister of the Crown with undefined and unlimited powers of imposing charges upon the subject for purposes connected with his department”.
Thirdly, development carried out in breach of pre-commencement conditions “is not development to which the permission relate[s]” (R v Elmbridge Borough Council, ex parte Health Care Corporation Ltd [1991] 3 PLR 63) and cannot lawfully commenced an authorised development (F. G. Whitley & Sons v Secretary of State for Wales (1992) 64 P. & C.R. 296).

Turning then to the actual statutory provisions for CIL. The PA2008 (as the parent act) is very specific about the scope of CIL and the content of the Regulations (emphasis added):

CIL is a charge designed to “ensure that costs incurred in supporting the development of an area can be funded … by owners or developers of land” (s. 205)
The Regulations must provide that liability to pay CIL is triggered “when development is commenced in reliance on planning permission” (ss. 208 (3) & (4))
The Regulations may provide for liability to pay CIL where development commences without planning permission (s. 208(7)). NB: this is a power to make appropriate provisions in the Regulations. Unlike ss. 208 (3) & (4) it is not a duty to do so.

The above are correctly carried forward to the Regulations (emphasis added):

CIL is levied on ‘chargeable development’ (Regulations, Schedule 1). Chargeable Development is defined at Regulation 9 as “the development for which planning permission is granted”.
The duty to pay CIL “in respect of a chargeable development” is triggered on either the intended date of commencement (where a Commencement Notice has been served) (Reg 70), or (where development has commenced without a Commencement Notice being served) on the deemed commencement date (Reg 71).

Notably and despite the power available at s. 208(7) of the PA2008, there is no express provisions within the Regulations for CIL to be charged against development commenced without a planning permission. The parliamentary draftsman will have been well aware of the power at s. 208(7), hence a court will assume that in approving the Regulations, Parliament did not intend the Regulations to apply to development without planning permission.

The effect of the above is that the correct interpretation of the law is:

CIL attaches to development with planning permission (Regulation 9 definition of ‘chargeable development which correctly gives effect to PA2008, ss. 208(3) & (4))
Liability to pay CIL is triggered when development with planning permission is ‘commenced’ (Regulations 70 & 71 correctly giving effect to PA2008 ss 208(3) & (4)).
CIL does not attach to development without planning permission (there is no express provision within the Regulations, and there is no reason to imply such an effect into the Regulations).
Development in breach of pre-commencement conditions does not benefit from planning permission. Therefore, it cannot attract CIL.

The upshot of the above, is that any attempt to levy CIL for development in breach of pre-commencement conditions is unlawful. Where CIL has been collected in these circumstances, and unless further development in accordance with the permission has taken place triggering CIL, the charging authority may need to pay it back (Regulation 75). In addition, if as a result of the charging authority’s unlawful approach to CIL, the developer was unable to apply for CIL reliefs, the charging authority may be liable in damages.

If you have any questions about CIL liability, our planning law specialists would be delighted to help you.

Tees are here to help

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.

Empowering local communities: Tees Better Future Fund grants 2024

Posted on 5 November 202429 March 2025 by Sarah O'Sullivan

Fund grants support youth, health, and learning initiatives across East Anglia

Tees are committed to supporting our local communities to a better future. The Tees Better Future Fund builds on Tees’ heritage and legacy as a firm that values life-long learning and connecting people and communities through the generations. The Fund is delighted to offer grants of up to £5,000 for local projects focusing on learning and education and health and wellbeing, including supporting mental health for young people, children and families.

We are delighted to announce that the four latest projects to receive a grant are:

East Anglia Youth Rowing
Home-Start Royston & South Cambridgeshire
Bishop’s Stortford Youth Project
Living Pictures

Look out for more information about these four excellent charities and their invaluable work in their local communities.

East Anglia Youth Rowing

Tees Better Future Fund is delighted to announce that East Anglia Youth Rowing is one of four projects to receive a £5,000 grant this year.

EAYR aims to give young people from all backgrounds access to the benefits of rowing in East Anglia and show that it is a sport for everyone. In particular, the charity focuses on supporting young people living in rural communities with “hidden deprivation”, where many students are entitled to free school meals.

EAYR’s programme introduces rowing to students at state schools; at the end, the young people who wish to continue rowing are fed into local clubs. The Tees Better Future Fund grant will continue this project in North Cambridge Academy – just a stone’s throw away from Tees’ Cambridge office.

East Anglia Youth Rowing runs a summer camp, which the Tees Better Future Fund grant will also help to support. As well as rowing, EAYR arranges talks with professionals from STEM subjects, plus breakfast and lunch is provided – a lifeline for some families during the holidays. Also, in a bid to break down barriers between the university and the town, EAYR has encouraged Queen’s College, Cambridge to hold a state school rowing competition, giving local students an excellent opportunity to visit the college.

The charity was only set up two and a half years ago, but 600 young people have already benefited from their brilliant work. EAYR is branching out into Norfolk in September 2024, and they have plans to expand further into Suffolk. Tees is proud to support EAYR as they grow and continue to have a significant positive impact on the lives of young people in East Anglia.

Home-Start Royston & South Cambridgeshire

Tees Better Future Fund is pleased to share that Home-Start Royston & South Cambridgeshire (HSRSC) is a recipient of a £5,000 grant.

HSRSC supports local families with children aged nine and under through tough times, either with a home-visiting service or specialised family support groups. The Tees Better Future Fund will help three families access home-visiting support in Royston, a service that offers practical and emotional support to families in crisis.

Families come to HSRSC with a variety of difficulties – some might have fled from domestic abuse, others may not have any friends or relatives locally, or they could be struggling to cope with a child’s illness. The home-visiting service matches each family with a trained volunteer who visits them weekly and offers tailored support – they might help with a weekly shop, play with a child with additional needs, or support parents with behaviour management.

Families usually receive home-visiting support for an average of 6-9 months. By the end, HSRSC hopes to have empowered the families, improved their confidence, and helped them cope with the difficulties they face. In the year 2022-23, 100% of parents felt they were more able to be involved in their children’s early development and socialisation at the end of home-visiting support.

HSRSC, established in 1983, turned 40 last year, and its work is more vital than ever. The charity has recently seen an increase in the number of families with complex needs, and the cost-of-living crisis has significantly impacted their financial stability. Tees Better Future Fund is, therefore, proud to help three families in need access vital support from HSRSC.

Bishop’s Stortford Youth Project

Tees Better Future Fund is pleased to share that the next charity to receive a grant is Bishop’s Stortford Youth Project (BSYP).

BSYP was established in 2013 to provide safe spaces and opportunities to local secondary school-age young people. The Tees Better Future Fund will help to fund the drop-in sessions at Thirst Youth Café, a welcoming space for young people to meet, make friends, and take part in fun activities to increase happiness, health, and well-being.

The Fund will also support the continuation of BSYP’s youth volunteer programme, which helps young people learn new skills and develop their potential. Participants work in Thirst and connect with young people on their own. Not only does the programme give young people a confidence boost, but it is also excellent work experience and has helped many participants get jobs when they go to university.

Alongside Thirst, BSYP have a 1:1 mentoring project in local secondary schools, where students meet with a youth worker every week for 6-10 weeks. They also run a wellbeing project; local GPs refer young people to BSYP who are on the waiting list for other services, such as CAMHS.

BSYP has seen a dramatic increase in mental health issues among young people in recent years, so their work is becoming more vital. With a well-established base in Thirst Café, BSYP are now continuing to explore ways that they can take their services to young people – particularly those in surrounding villages that may be isolated due to limited transport links. We look forward to supporting the café’s excellent work and seeing what BSYP does next to transform the lives of young people.

Living Paintings

We are delighted to announce that Living Paintings is the next charity to receive a grant from Tees Better Future Fund.

Living Paintings designs Touch to See books for blind and partially sighted children and adults. These books are then distributed via a free postal library service, allowing anyone to access the resources, regardless of financial position and location. The Tees Better Future Fund grant will go towards providing this vital service to blind and partially sighted children in Cambridgeshire for another year.

There are 26,000 blind and partially sighted children in the UK. They live in an isolated world, so Living Paintings’ books are intended to be a shared reading experience. These unique books help blind and partially sighted children gain literacy skills and integrate into the world. The books are visually impressive, so sighted children love using them, too, putting across a positive message to the wider population about the resources available for blind children.

Established in 1989 by Alison Oldland MBE, Living Paintings is the only organisation like It. In 2023, Thanks to their accessible picture books and resources, 100% of child library members had more shared experiences with sighted friends, family, and peers, and 99% benefitted from improved confidence in reading.

Demand is high for Living Paintings’ service. Last year, they doubled their child beneficiaries within six weeks thanks to a popular project for the King’s Coronation. The charity is currently exploring how it can support 0–3-year-olds at a time when they are developing key cognitive skills. Tees Better Future Fund is proud to support such a unique charity as it continues to provide a vital service to blind and partially sighted children.

Landlord rights: How to deal with difficult tenants

Posted on 4 November 202426 May 2025 by Sarah O'Sullivan

Dealing with problem tenants can feel like a nightmare for landlords. When problems occur during a tenancy, there are steps landlords can take to protect their rights. Here, our property dispute specialists give their top tips to avoid problems.

Preventing disputes with tenants

Of course, we’d all rather prevent disputes from happening in the first place. Dealing with difficult tenants can be very difficult for landlords – and for many, it’s unfamiliar and potentially risky territory. After all, navigating the complex rules relating to tenants’ rights and exactly what landlords can and cannot do can feel like a minefield.

Here are some steps you can take to avoid problems with your tenants:

Run a background check on your tenant(s)

Make sure you run appropriate background checks on your tenants before they move in. This includes checking the ‘Right to Rent’ status of all adults living in the property, obtaining a reference from their previous landlord or agency and a credit check. This is often the first step in the process, and one of the most important – any red flags at this stage should help you avoid potentially problematic tenants altogether.

Maintain an up to date inventory

Draw up a thorough inventory of the property, and its contents. If you are letting the property furnished, ensure that all furnishings and appliances are accounted for and checked prior to check in. An up to date, comprehensive inventory is invaluable if your tenants cause damage to the property.

It’s important to take out the right type of insurance when renting out your property. Insurance designed for owner-occupied properties isn’t suitable for rental properties. Landlord Insurance is specifically designed for the needs of landlords. It covers damage to the property itself, as well as any content supplied by the landlord (such as furnishings or appliances). Additionally, it offers insurance against other risks such as the loss of rental income if your tenants are unable to pay.

Check your tenancy agreement

Before the tenancy commences, have the tenancy agreement checked by a solicitor who specialises in property law. The solicitor will help you ensure your rights as a landlord are fully protected, and that you’re in the best possible position if any problems were to come up during the tenancy.

Your tenancy agreement forms the foundation of your relationship with your tenants. You may need to rely on the tenancy agreement later, particularly if there are any problems. Taking the time to ensure it’s legally sound and compliant can help you avoid a lot of trouble, and expense, in the long run.

The Tenancy Deposit Protection scheme

Under Tenancy Deposit Protection legislation, landlords and agents are required to protect deposits in one of three government-approved schemes. If your tenants honour the terms of the tenancy agreement, then the deposit is returned to them in full at the end of their tenancy. If they don’t, then the landlord is entitled to make deductions from the deposit to cover things like breakages or damage. Carrying out regular inspections of your property, giving your tenants reasonable notice (at least 24 hours) in writing, can help ensure any problems are identified at an early stage.

Problems during and after a tenancy

Sometimes, problems with tenants arise – even if you’ve done everything you can to protect against it. Common problems with tenants include:

Damage to your property and/or furnishings
Noise complaints and problems with neighbours
Rent arrears
Refusal to vacate the property once the tenancy has ended

If your tenants are causing damage or being a nuisance, start by communicating clearly, politely and firmly with them, explaining why their behaviour isn’t acceptable. If your tenancy agreement contains clauses regarding unacceptable behaviour, remind them of their responsibilities. It’s worth pointing out to them as professionally and calmly as possible that if the problems can’t be adequately dealt with and you are forced to seek possession of the property through the courts, you will not be able to provide them with a satisfactory reference and this will severely restrict their ability to take a tenancy with a different landlord.

If the tenants are in arrears with their rent, then start by issuing a polite reminder that the money is due. Keeping in touch with them and documenting all the steps you take to recover the rent is extremely important if you find yourself needing to take legal proceedings against them at any point.

Evicting a tenant

If all other steps have failed, then you may need to consider evicting a tenant.

It is very important to do this is in the right way, and follow the correct procedures and guidance. Failing to do so could cause delays, and incur extra expense or loss of income. In particular, following the correct procedures helps protect landlords from being accused of harassing or illegally evicting tenants. At Tees, we offer advice and guidance to protect your position and ensure the eviction process proceeds smoothly.

If your tenant is renting under an assured shorthold tenancy agreement and hasn’t paid the rent for more than 8 weeks, has damaged the property, or is causing a nuisance to neighbours, or breaching any other terms of their rental agreement, we can explain how to use a Section 8 notice to regain possession of your property. You will need to give them between 2 weeks’ and 2 months’ notice to leave, depending on which terms they have broken. If they don’t leave by the specified date, we can help you apply to the court for a possession order.

Alternatively, we can explain how to use a Section 21 notice, which is often referred to as the ‘no fault’ route, as here the landlord doesn’t need to prove that the tenant has done anything wrong. This gives the tenant at least 2 months to leave. When using this form of eviction, it’s vitally important to ensure that you comply with all the requirements, as failure to do so will render the notice invalid, and you would have to wait for a new notice period to expire before issuing a fresh Section 21 notice.

Your property dispute specialists

Darren Perks, Partner at Tees, is a specialist in property disputes and regularly deals with complex cases for a wide variety of clients. Darren’s work includes disputes relating to commercial, agricultural and residential leases, adverse possession, easements and covenants, boundaries, overage, transactions, construction and statutory compensation.
Darren has successfully resolved many claims for landlords involving both residential and commercial properties, and with more than 10 years’ experience in this area of the law has the practical experience to help you find a solution. To contact Darren directly, please telephone 01279 710619 or email darren.perks@teeslaw.com.

Boundaries: The hedge and ditch rule

Posted on 4 November 202426 May 2025 by Sarah O'Sullivan

Do you know about the hedge and ditch principle? It’s an ancient rule that can be a shaft of sunlight through the fog of a rural boundary dispute.

The hedge and ditch rule

In a case in 1810, a few years before the Battle of Waterloo, Mr Justice Laurence said: “The rule about ditching is this. No man, making a ditch, can cut into his neighbour’s soil, but usually he cuts it to the very extremity of his own land: he is of course bound to throw the soil which he digs out, upon his own land; and often, if he likes it, he plants a hedge on top of it.”

It seems at first almost a comical idea – the judge cannot have known what any particular farmer did in the past – he was making it up – but as it turns out, it has been very useful ever since.

The hedge and ditch rule is a rebuttable legal presumption that where there is a hedge and ditch running along the boundary of a parcel of land, then the boundary lays along the farthest edge of the ditch from the hedge. The presumption is that the owner of the land dug the ditch along the edge of their boundary and then piled up the soil along their land, after which a hedge was planted.

The hedge and ditch principle is simple and easy to apply

In establishing the true location of a boundary, the court will typically weigh up a number of factors, including the topography and other physical attributes. The hedge and ditch principle brings some certainty to boundary questions in the country.

Can the hedge and ditch rule be rebutted?

Yes. The rule may only be a starting point depending on the precise circumstances. Examples of where is doesn’t apply include:

if the boundary was fixed after the ditch was dug
if the ditch can be shown to have been dug whilst the land was in common ownership
it can also be overruled by what the title deeds say.

Another example of rebuttal was seen in the case of Steward v Gallop [2010] EWCA Civ 823 where the hedge ran only along part of the relevant boundary and the hedge predated the ditch.

The Parmar v Upton case

In the Parmar v Upton case [2015] EWCA Civ 795, although the rule ultimately proved decisive, this was only after significant time and costs had been spent by the parties. The Court of Appeal re-affirmed that the long-standing hedge and ditch rule is still good. In this case, the appellant could not, despite some fresh evidence, overturn the presumption that the hedge and ditch rule applied and consequently the appeal was dismissed.

Using Land Registry title plans in boundary disputes

The precise location of a boundary is a common dispute between neighbouring landowners. Often, neighbours will look to the Land Registry’s title plan as proof of the boundary’s location.

Sadly, Land Registry title plans are based on Ordnance Survey maps which are not definitive as to the legal extent of the boundaries around the property. Land Registry title plans are typically for identification purposes only and boundary disputes rarely turn on the title plans themselves.

Emotions running high

Often, the problem is not about boundaries – it is about the relationship between individuals. In a boundary dispute the emotions often run hight, neighbours fall out, they stop talking to each other, and then when there is an issue, the dispute escalates rapidly.

The skill of the solicitor in a boundary dispute can be a subtle one. Court proceedings may sometimes be necessary but approaching the situation firmly but diplomatically can often achieve a better result for the client.

Tees is here to help

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.

Navigating settlement agreements this festive season

Posted on 2 November 202426 May 2025 by Sarah O'Sullivan

Every year as the festive season rolls in, so do the enquires about settlement agreements. Financial pressures, year-end reorganisations, and planning for the new year often lead to what can be challenging conversations in the workplace. Whether you are an employer looking to resolve a workplace issue or an employee faced with an unexpected offer, understanding how to approach settlement agreements is key to achieving a fair and smooth resolution.

Handled well, settlement agreements can benefit both parties. Mishandled, they can lead to misunderstandings, delays, or even legal disputes.

At Tees Law, my colleagues and I in the employment team, advise both employers and employees, helping them navigate the process with confidence. We have set out some key hints and tips below for how both sides can approach settlement agreements effectively and try to avoid unnecessary stress during this bustling time of year.

Why settlement agreements spike in winter

For many employees, being presented with a settlement agreement just before the holidays can feel overwhelming. For employers, it can be a practical way to resolve disputes, end employment relationships amicably, and avoid the uncertainty of future claims. However, the key to success lies in handling these agreements thoughtfully and strategically.

Tips for employers: getting it right

If you are offering a settlement agreement to an employee, consider the following tips to set the process on the right track:

Give them time: Employees are entitled to take time to consider the agreement. While there is no hard-and-fast legal rule, ACAS guidance suggests giving them at least 10 calendar days. A rushed process can feel heavy-handed and is unlikely to foster cooperation and if approached in the wrong way could mean that otherwise protected conversations may be admissible in contested proceedings.
Recommend trusted advisors: Many employees will not know where to start when seeking legal advice. While they have the right to choose their own solicitor, offering a list of reputable employment lawyers, like Tees, can save them time and stress. Many of the employees we assist have spent days calling around before finding the right support.
Offer a reasonable contribution to legal fees: Covering legal fees is not mandatory, but a contribution shows goodwill and makes it easier for employees to seek advice. Without it, employees may hesitate to proceed, delaying resolution.
Show empathy: Imagine being handed a settlement agreement in the run-up to Christmas. It is a challenging time, and empathy can go a long way. Consider flexible arrangements, like offering garden leave or discussing whether they would prefer to work (or not) while deciding. Demonstrate understanding—it will make a significant difference in tone and outcomes.
Be clear and fair: If your offer is non-negotiable, set this out plainly. Make it reasonable, explain how it is calculated, and detail the benefits in specific monetary terms. Employees are more likely to agree when they—and their solicitor—see that the offer is thoughtful and fair and understand the employer’s perspective.
Draft with precision: Poorly drafted agreements create delays and increase costs. Ensure all terms are clear. If you are unsure, consulting an employment law solicitor early can save time, costs and effort later.
Consider flexibility on non-competes and notice periods: Non-compete clauses or decisions on payment in lieu of notice can be restrictive. Offering garden leave or taking a more flexible approach can set a cooperative tone and make the agreement more appealing. For employees on visas or those utilising benefits, garden leave can be especially valuable.
Communicate departure sensitively: Leaving a role is a significant moment, and most employees want to depart with their reputation intact. Work with them to agree on how and when the departure is communicated. This collaboration can help preserve goodwill on both sides.

Tips for employees: getting it right

If you have been offered a settlement agreement, do not panic—it is an opportunity to clarify your position and negotiate terms that work for you. Here is how I suggest you approach it:

Do not feel pressured: You are entitled to time to review the agreement and seek legal advice. If the deadline feels tight, ask for an extension—most employers will understand the need for time to consider an offer, within reason.
Seek legal advice: Settlement agreements are complex, and independent legal advice is essential. A solicitor can help you understand your rights, assess the terms, and negotiate on your behalf if needed.
Understand what is being offered: Ensure you understand all aspects of the offer, from financial compensation to restrictive clauses like non-competes. A solicitor can clarify how these might affect your future.
Consider negotiation: If the offer seems unfair, do not be afraid to negotiate though your bargaining position and whether it would be worth seeking more will depend on the circumstances. Take advice on what is viable.
Plan your next steps: Whether you agree to the terms or not, think about how the situation aligns with your career goals and objectives. Focus on end aims rather than the emotion of facing these changes. Consider discussing how your departure will be communicated to protect your reputation.

Key considerations for both parties

Clarity is crucial: Whether drafting or reviewing a settlement agreement, ensure the terms are precise and leave no room for misinterpretation.
Flexibility helps: Employers and employees who approach the process with flexibility are more likely to reach a mutually beneficial outcome.
Professional advice is essential: Settlement agreements are legal documents—not only is advice necessary to make the agreements binding, seeking expert advice can prevent costly mistakes.

The festive season may bring challenges, but with the right approach, you can ensure that everyone enters the new year on solid ground. Reach out to our employment law team today for tailored advice that works for you.

Let us help you navigate these seasonal spikes with confidence—because everyone deserves a fair resolution, no matter the time of year.

Have you agreed on Christmas holiday arrangements for your children?

Posted on 1 November 202418 May 2025 by Sarah O'Sullivan

he holiday season can be stressful for divorced parents. In this article, we will discuss how to best plan for the festive period.

Every year our family law solicitors advise parents who are facing difficult questions around the Christmas holidays following separation. For a lot of families, issues tend to centre around deciding who the children will spend Christmas day or New Year with and what happens when a parent faces spending a period of the festive season without seeing their children.

Plan ahead where possible

Most families adjust to life after separation with children spending time during the festive period with both parents. If handled sensitively, children adjust quickly and look forward to the opportunity to share their Christmas holiday celebrations with both parts of their family.

Usually, it is the parents who find adjusting to not being able to be with their child over the entire Christmas period the hardest. The key is to plan ahead, don’t leave difficult decisions to the last minute and have an open line of communication with your co-parent, if possible

Consider the bigger picture

Some parents tell us that they dread the onset of the festive period and struggle to accept the new arrangements. Long term, the aim is to be able to co-parent over the holiday periods and in such a way that your child will understand that both parents love them and want to spend positive periods of time with them. However, we understand that separation can be a bumpy road, so it’s easier for some to achieve this than others.

The welfare and best interests of your child are the most important factors to be considered and it is often difficult for parents to come to terms with not seeing their child on Christmas Day when this has been the norm previously. Focus instead on making the time that you will spend with your child during the festive period a special occasion.

If your co-parenting relationship allows it, consider whether you could facilitate a short video call with your co-parent and your child over the festive period if they are not going to be spending time with them, allowing your child to share the special occasion with both their parents.

Talk to each other

If there are no welfare issues and you are struggling to reach an agreement with your co-parent about sharing a festive period, it’s usually quicker and cheaper to try to resolve matters by agreement rather than going to court. This can include using the services of a mediator, who is a neutral third party trained to help facilitate conversations between you and your co-parent on topics where you do not agree. They will arrange a meeting with your former partner, and their solicitor (if any/appropriate) to agree how childcare over the Christmas holidays will be split. Communication is key: airing your thoughts normally pays off, allowing you to negotiate a fair, practical agreement over the festive season well in advance.

Ensuring your child can spend time with both parents and their extended family is often a consideration. Your plans don’t have to focus around the grandparents’ availability but making sure your child can see their extended family over the Christmas holidays is important to the entire family.

Don’t leave your plans to the last minute

If you think Christmas is going to be a problem, seek legal advice well in advance. This will give you time to reach an agreement that suits the needs of both parents and your children.

If you’re struggling to agree on plans this year—or any other time of year—try speaking to a neutral third party or mediator to help you plan as much as possible. Clare Pilsworth and Helen Midgeley are mediators based in our Cambridge and Bishop’s Stortford offices, respectively, and they would be happy to discuss making the most of the festive period this year with you and your co-parent.

Tees shines a light on men’s mental health

Posted on 1 November 202418 May 2025 by Sarah O'Sullivan

As Movember continues to shine a spotlight on men’s mental well-being, it’s essential to address the often-overlooked emotional and physical impacts of divorce and family breakdown. Understanding these challenges can encourage men to seek support, reduce stigma, and improve mental health outcomes.

The emotional toll of divorce on men’s mental health

Movember, a global movement raising awareness of men’s health for over 20 years, highlights critical issues such as depression, anxiety, and the alarming rates of suicide among men. Divorce can intensify these challenges, leading to overwhelming emotions like sadness, anger, guilt, and loneliness. The shift in family dynamics, financial strain, and uncertainty about the future can further exacerbate mental health concerns.

Unchecked emotional stress may also manifest physically, contributing to sleep disturbances, weakened immune systems, and unhealthy lifestyle habits. Without proper support, these challenges can have lasting consequences.

Breaking the stigma: Encouraging men to seek support

Societal expectations often discourage men from expressing their emotions. However, acknowledging and discussing mental health challenges is a crucial step toward healing. By seeking professional support, men can navigate the complexities of divorce with resilience and reduce the risk of long-term mental health issues.

Insights from Tees’ Family Law Team

Mark Chiverton, a solicitor in Tees’ Family team and a Resolution member, emphasises the importance of supporting men’s mental health during divorce. He notes:

“As a family lawyer, I strive to reduce the emotional strain of divorce by promoting a constructive approach and encouraging alternative dispute resolution methods. Movember serves as a powerful reminder that men’s mental well-being must remain a priority during this challenging time.”

He continues:

“Clients may not always express their emotional struggles, but that doesn’t mean they aren’t experiencing them. Recognising this allows me to offer more empathetic support and recommend professional mental health resources when needed.”

The importance of professional support

Seeking support from mental health professionals can provide men with coping strategies to manage stress and process emotions in a healthy manner. Psychotherapist Sarah Fahy advises:

“It’s okay to ask for help. Taking time to heal and rebuild is essential. Prioritising mental health through counselling, maintaining a balanced diet, exercising regularly, and getting adequate sleep can significantly improve well-being.”

For those looking for mental health support, directories such as the British Association of Counsellors and Psychotherapists (BACP) and the UK Council for Psychotherapy (UKCP) can help connect individuals with qualified professionals.

Moving forward: A path to resilience

Navigating divorce can be one of life’s most challenging experiences. However, with the right support network and self-care strategies, it’s possible to emerge stronger and more resilient. Prioritising mental health, acknowledging emotions, and seeking assistance when needed can help men rebuild their lives with confidence.

At Tees, we are committed to supporting our clients through every step of their journey. By fostering empathy and advocating for mental well-being, we contribute to a healthier future for all.

For further advice and assistance, reach out to our Family Law team at Tees. We’re here to help.

Stansted Airport expansion: Balancing growth with employment law compliance

Posted on 22 October 202426 May 2025 by Sarah O'Sullivan

Stansted Airport’s reported £1.1 billion expansion is poised to create over 5,000 jobs, promising a major economic boost. However, behind the headlines lies a complex employment law landscape that should be considered.

Employment law challenges

While new jobs and growth are to be welcomed, large projects like this can present human and employment law challenges that must be carefully managed.

Sector-specific regulations

The aviation and construction sectors are governed by stringent regulations—health and safety standards, collective bargaining with unions (where applicable), and recruitment and onboarding compliance that are just a few areas that will need to be considered alongside the usual and considerable employment law obligations.

Opportunities and risks

Managed well, this will prove an opportunity for employers to showcase best practices in recruitment, worker safety, and union engagement to promote growth with an engaged and productive workforce. Managed badly and employers will face claims and complaints and recruitment and retention issues.

Striking the right balance

With careful planning, Stansted could set a benchmark for balancing rapid growth with strong legal compliance, fostering not just jobs but quality employment. The key challenge? Balancing rapid recruitment with safeguarding worker rights. As temporary and agency workers inevitably make up part of the workforce, employers must avoid the pitfalls of misclassification and unequal treatment. Temporary work may suit the short-term nature of construction, but employees in aviation roles will expect job security and fair conditions under the collective agreements often in place at airports.

Union engagement and industrial relations

Moreover, union involvement will likely intensify, with employees and unions demanding assurances on pay, working hours, and conditions. Industrial relations could become a sticking point if employers don’t engage early and often, as past experiences with the aviation sector have shown.

The path forward

For many, this expansion represents hope: an optimistic vision of the future where economic progress is intertwined with social responsibility. Thoughtful attention to employment law could transform this development into a model for how infrastructure projects should unfold, creating not only work but also a fair, inclusive workforce.

Best practices for employers

By emphasising training, fair pay and treatment, and, where applicable, collaboration with unions, Stansted’s growth can prove that scaling up responsibly is not only possible but profitable. This could be a blueprint for the aviation industry and beyond as more projects emerge, requiring rapid, responsible hiring.

In short, Stansted’s expansion represents more than physical growth; it’s a chance to align progress with ethical employment practices, offering a win-win for workers and the economy. Employers who navigate these waters well will benefit from a successful and compliant recruitment drive. Those who don’t may find themselves tangled in costly disputes that could derail the project.