Dispute Resolution Archives

Autism support: Workplace and school adjustments guide

Posted on 2 April 202517 April 2025 by Sarah O'Sullivan

Understanding the behaviours associated with Autism, as well as implementing reasonable adjustments, is essential for helping those with Autism thrive in the workplace and in education. By improving awareness and accessibility, we can help neurodivergent individuals thrive and reduce stigma around Autism in professional and academic settings.

What is autism?

Autism is a lifelong neurodivergence that affects how individuals experience and interact with the world. According to the National Autistic Society, “Autism influences how people experience and interact with the world. It is a lifelong neurodivergence and disability. Autistic people are different from each other, but for a diagnosis they must share differences from non-Autistic people in how they think, feel, and communicate.”
As a spectrum condition, Autism affects those differently. While Autistic individuals share certain characteristics some may have difficulty with social interactions, others may struggle with sensory sensitivities, such as sensitivity to noise, light, or touch.

Is autism a disability?

While Autistic people differ in terms of how they prefer to be described (some may prefer the term ‘neurodiverse’, for example), for legal purposes Autism is classed as a disability under the Equality Act 2010. This means that employers are required to make reasonable adjustments to support Autistic employees. Providing equal opportunities for Autistic individuals ensures that they are treated fairly in the workplace and beyond.

How does Autism affect work?

Autistic employees may experience challenges in workplace interactions and adapting to changes Sensory sensitivities like light and noise can make busy office environments overwhelming, while some may react strongly to being touched by others or smells in the office. This can lead to being stressed or overwhelmed when confronting a difficult or unfamiliar situation.

Can Autistic people work?

With the right support in place, people with Autism are able to enter the workplace and thrive.

Many Autistic individuals thrive in structured environments with clear expectations. Employers can build inclusive work environments by understanding and recognising the behaviors associated with Autism and consider what reasonable adjustments could be made to help.

Reasonable adjustments for Autistic employees?

Employers can introduce simple yet effective adjustments to support Autistic employees. In return, you could be rewarded with a diligent, highly effective worker who is an asset and really has something to contribute to your business.

Common reasonable adjustments may include:

Structured Induction Process – Carrying out a highly detailed induction process outlining exactly what they will be doing day-to-day and what their responsibilities will be.
Routine and Predictability – Offering a weekly schedule, detailing what they will be doing in the mornings and afternoons, what time lunch is, when they may leave, and any scheduled meetings. This will help them settle into a routine and reduce their anxiety.
Sensory Adjustments – Providing noise-canceling headphones, separate quiet workspaces, or adjustable lighting.
Training – Educating staff on neurodiversity including how to interact and support Autistic individuals in the workplace.
Flexible Working Arrangements – Allowing remote work or flexible hours to accommodate sensory sensitivities (for example, allowing your employee to start work later to avoid travelling during rush-hour, or permitting them to work from home on days they may be feeling particularly anxious).
Mentorship Programs – Assigning a mentor to provide guidance and support.

This list is by no means exhaustive, not all Autistic employees will require the same adjustments, as Autism presents differently in each individual.

How does Autism affect learning?

In education, Autistic students may face challenges with communication, social interactions, and sensory sensitivities.

Some may have delayed speech development and difficulty communicating with teachers and fellow pupils, while others may have advanced verbal skills but struggle with non-verbal communication.

Many also struggle to follow directions and understand what they are being asked to do, while some will find it difficult to understand their teachers’ and peers’ body language and facial expressions. They may also be very reluctant to try new things, or have fixed, narrow interests that make it difficult for them to branch out and enjoy new learning experiences.

School is also a highly social environment and Autistic children can become distressed and anxious when put in situations where they have to communicate with their classmates. They may struggle with group activities, particularly those involving imaginative or creative play. Pupils with sensory processing difficulties may struggle in a noisy classroom or playground environment, while others may dislike other children touching them. If they become overwhelmed, they may develop symptoms such as headaches, anxiety, panic attacks or aggression.

How can teachers support Autistic students?

Teachers play a crucial role in creating an inclusive learning environment. Good communication is key when supporting an Autistic pupil, and you may have to communicate differently with an Autistic child than you would a neurotypical child. Strategies include:

Clear Instructions – Instead of general instructions like “tidy the classroom,” provide specific tasks such as “put the pencils in their pots and come back when finished.”
Visual Aids – Using visual schedules, sign language, or other non-verbal cues to support communication.
Routine and Structure – Establishing a consistent daily routine to reduce anxiety.
Flexible School Policies – Allowing uniform modifications or noise-canceling headphones for sensory-sensitive students.
Quiet Spaces – Providing a designated area where students can retreat if overwhelmed.
Adjustments to Class Schedules – Allowing staggered start times or early class exits to avoid crowded hallways.

If a teacher requires upskilling to enable them to more effectively support a child with Autism, it could be extremely useful to find out about opportunities for training on how to support and communicate with Autistic children.

Sensitive and caring Employment and Education Law legal advisers

No two Autistic individuals are the same. Employers and educators should work closely with Autistic employees, students, and their families to tailor adjustments that best meet their needs.

If you are an employer, employee, student, or parent seeking guidance on neurodiversity accommodations, our Employment and Education Law specialists are here to provide expert advice. We are committed to ensuring fair treatment and accessibility in workplaces and schools for Autistic individuals as well as those with ADHD, Dyslexia, Dyspraxia and more.

By adopting an inclusive environment through awareness and adjustments, we can help push neurodivergent individuals to succeed in their careers and education.

Speak with one of our employment law or education solicitors today to discuss how we can support you.

Tees Law welcomes Senior Education Law Solicitor

Posted on 5 March 202529 March 2025 by Sarah O'Sullivan

We are delighted to announce that Victoria Kerr, a highly experienced Education Law Solicitor, has joined the Tees Education Law team.

With over 25 years of legal experience, Victoria has dedicated her career to advocating for children and families. For the past 20 years, she has worked at Hertfordshire County Council, specialising in education law, safeguarding, social care, and public law disputes. Her extensive expertise further strengthens our specialist Education Law team, supporting parents, schools, and local authorities.

Victoria is based in our Bishop’s Stortford office but provides nationwide legal support through remote consultation options. She brings a broad and strategic perspective to education disputes and offers expert advice to achieve early and effective resolutions.

Victoria says:

“My career has always focused on supporting children and families through the law. I’m thrilled to join the highly regarded Education Law team at Tees, particularly when the need for legal support in education is greater than ever. Whether it’s helping parents navigate their child’s Special Educational Needs (SEN) journey or resolving disputes between parents, schools, and local authorities, I am passionate about ensuring the best outcomes for children.”

How Tees can help

Our Education Law team provides expert advice on:

Special Educational Needs (SEN) legal support
School admissions and exclusions appeals
Safeguarding and social care law
Disputes between parents, schools, and local authorities
Judicial reviews and public law challenges

For specialist legal support, contact our Education Law team today.

How to contest a will: A complete guide

Posted on 29 January 202520 March 2025 by Sarah O'Sullivan

Can you contest a will?

Yes you can contest a will. There are a range of ways to do this, and this article outlines the key information you need to know.

What are the grounds for contesting a will?

There are many ways to contest a will – they are known as grounds for contesting a will. Common reasons for challenging a will include proving that it is invalid, or that the will did not make adequate provision for dependants.

The process of contesting a will is known as contentious probate. Family will disputes or disputes over inheritance are common and often stressful. It’s a good idea to get advice from specialist contentious probate solicitors about how to successfully contest a will. They can tell you if you have a realistic claim and the best way to move forward. Your solicitor will also make sure you follow all the correct procedures.

Can an executor challenge a will?

Yes, an executor/executrix can challenge a will – but, to do so, they normally need to step down from their role in administering the estate. This is because the role of the executor is to carry out the deceased’s wishes and defend the will. Understandably, challenging the will makes it impossible for the executor to perform their duties in this regard. Therefore, it is not possible to contest a will and remain executor/executrix of the estate.

Valid execution: Has the will been properly executed

You can challenge a will if it wasn’t drafted correctly and there is a mistake as a result. Mistakes in wills normally involve issues with signatures, witnesses and terminology within the will itself. You might be able to challenge the will if:

it wasn’t signed by the testator
the testator’s signature wasn’t witnessed by two people present at the same time as the testator signed it
the people who witnessed the signature didn’t meet the requirements for doing so (there are strict rules about who can witness the signature on a will)

Lack of capacity: Did the person have the mental capacity to make a will?

The will might be invalid if the testator didn’t fully understand or know about the contents of their will, or those people close to them to whom they ought to have regard, or understand the approximate extent of their estate. You might be able to challenge a will if you think that the testator was not of ‘sound mind’ when they gave instructions or executed the will for example, you may be contesting a will due to dementia. The legal term for this is ‘lack of testamentary capacity’. To make a valid will, the testator needs to:

understand they were making a will and the significance of doing so
know the rough value of their estate
understand the effect their will would have
not be suffering from any mental conditions which might affect their ability to make important decisions

Undue influence: Was the person under pressure to make a will?

Although what constitutes undue influence in a will is more difficult to prove, you may be able to challenge the will if you think that someone has coerced or influenced the testator into making the will, which otherwise does not reflect their free will. This is called undue influence. It means that the testator didn’t feel able to exercise their own free will when giving instructions for the will. It can happen if someone in a position of trust uses their position to exert pressure, coerce or influence the testator to leave their assets in a certain way. To prove there was undue influence, you will need to show that there is no other reasonable theory to explain the terms of the will.

Forged wills: Contesting a fraudulent will

Contesting a forged will involves showing that the will is forged or some type of fraud took place during its creation or execution; in which case the will could be declared invalid. You may be able to contest a will if, for example, the testators signature was forged.

Can I challenge a will that fails to make reasonable financial provision?

You might be able to challenge a will if it does not make ‘reasonable’ financial provision for you. Normally, this only applies if you are a spouse or civil partner or dependent of the deceased, or one of the other eligible categories of claimants under the Inheritance Provision for Family and Dependents Act 1975.

What does reasonable financial provision mean?

This type of claim is usually made by spouses, civil partners and dependants, who might be able to challenge a will if they were:

not mentioned in the will
not left as much as they need or expected to receive
if the deceased passed away without a will (‘intestate’)

When can I challenge a will?

To make a claim under the Inheritance Act, you have six months from the date of the Grant of Probate. The same time limit does not apply if you are contesting the will but, it is sensible to proceed as soon as possible, to avoid adverse evidential issues and adverse tax or cost outcomes.

What happens if I am successful in challenging a will?

When a will is declared invalid it is normally replaced by the previous valid will. If there is no earlier valid will, intestacy rules will apply.

If you made a claim under the Inheritance Act the Court may change how the deceased’s assets are distributed (and go against the terms of the will).

Inheritance disputes claims and challenging a will

We know that disputes over wills, trusts and inheritance need to be handled with sensitivity. At Tees, we handle all inheritance disputes with the utmost care and sensitivity to potential family issues. We’re here to help you move forward and secure the best possible result in your situation.

What is the difference between contesting a will and contentious probate?

Contentious probate means a dispute about how someone’s estate is sorted out after their death. Disputes about the will itself are considered contentious probate, but will disputes are not the only disputes that come under contentious probate. For instance, a dispute may relate to how the assets within the estate are disposed of, or distributed.

How can I obtain a copy of a will?

Ask the Executors of the will to give you a copy; they are not obliged to release the will but if you are a person connected to the estate and/or have a potential claim, the will would normally be released to your legal adviser.

After the grant of probate is issued, a will becomes a public document, which means anyone can apply for a copy. To see if a grant of probate has been issued, search for free at the Probate Registry on www.gov.uk/search-will-probate If it has been issued, the will is now public and it will be easy to get a copy online.

You can also set up a standing search with the Probate Registry for them to automatically send you a copy of the grant and the will if a grant of probate is issued at any time within six months of the date of the search.

Depending on the situation, you can also make an application to the court for an order to release a copy to you.

Can you look at someone’s will online?

Yes. You need to get the probate court file number from the executor. Alternatively, you should be able to get it from the court by phone, online or by going to the court, just by providing the name of the person and the date of their death. Wills that go to the Probate Registry become public. These are the wills that are in place when people die. Previous versions of wills are not registered because they are invalidated by the new will; so previous versions are private.

Can an executor be removed?

Once an executor has started practical arrangements regarding the estate (called intermeddling), they can only be removed by a court order or settlement agreement reached at mediation or via negotiation. This applies even if it is the executor themselves who wants to be removed. If no practical steps have yet been taken, an executor can remove themselves easily by simply saying to the legal adviser involved, that they don’t want to do it. If someone else is trying to get them removed, it’s always better, if possible, to try mediation or negotiation to resolve the dispute, rather than going to court. If you do apply to the court, you will need to submit:

a copy of the grant of probate which must be certified and sealed
witness statement covering why you think the executor should be removed
witness statement naming someone who you think should replace the executor and what your reasons are.

What are the grounds for removing an executor?

There needs to be a serious reason and evidence of misconduct. The courts will not allow a change for trivial reasons such as petty family arguments or relatively short delays. This is because the executor was named by the person who died as the person they wanted to undertake the role. Reasons for removal could include:

conflict of interest causing the executor not to follow the deceased’s wishes
serious incompetence such as severe mishandling of possessions
physical or mental disability making it impossible for them to carry out the function
dishonesty
using the funds or property for themselves or in ways which are significantly inappropriate
absence of accounting records
a criminal conviction
refusing to abide by court orders.

Education, Health, and Care Plan for student success

Posted on 13 January 202521 March 2025 by Sarah O'Sullivan

The law states that ahead of a child moving between key phases of education their Education, Health, and Care Plan (EHCP) must be reviewed and reissued to allow for planning and preparation for transition and provision in the new educational setting.

The phase transfers are:

early years provider to school
infant school to junior school
primary school to middle school
primary school to secondary school
middle school to secondary school
secondary school to a post-16 institution.

The deadline for EHCPs to have been reviewed, amended (where necessary), and issued for most phase transfers is 15 February. For transfers for young people from secondary school to a post-16 institution or apprenticeship, the deadline to review and make any amendments to the EHCP is 31 March.

Where the transfer is taking place at a different time of the year to September, the local authority (LA) must take this into account, review, and amend the EHCP at least five months before the transfer takes place.

For those who have not yet received their amended plan, it can be an anxious wait until then.

The Review Process

The review for phase transfers should follow the usual annual review process. Four weeks after the annual review, the LA must send the proposed amendments and a draft of the EHCP to the parent or young person. The parent or young person then has at least 15 days to make representations about the proposed amendments/content of the EHCP and to request a particular school be named. The LA must issue the final amended EHCP, with notice of appeal rights, which should be included in the decision letter within eight weeks of the draft. To comply with these statutory deadlines, the annual review for all transfers, except those between secondary to post-16 institutions, must have been held by no later than 22 November 2024, and the draft EHCPs issued by 20 December 2024.

Phase Transfer, and particularly the transfer from primary to secondary school, is frequently when it becomes necessary for a child to move from mainstream to specialist provision. This decision, in and of itself, can be daunting but it’s crucial to be aware that you must inform the LA of the type (be that specialist or mainstream) and the name of the school you’d like named in your child’s EHCP. Usually, the venue for these discussions would be the annual review but if one’s not been called you may need to take things into your own hands. The LA must then consult your school of preference and any others they are considering before they name one in the EHCP. Schools must be given 15 days within which to complete the consultation and must have view of the draft EHCP as well.

What if you are not happy with the amended EHCP?

If the local authority has issued a final EHCP and you are unhappy with the special educational needs reflected in Section B, the special educational provision listed in Section F, or the setting named in Section I, you have the right to appeal the LA’s decision in the First Tier Tribunal. You can also ask the tribunal to make non-binding recommendations in respect of health and social care needs and provisions (known as an Extended Tribunal).

You have two calendar months from the date that the LA made their decision to lodge the appeal. Before doing so, where your appeal includes Sections B and F of the EHCP, you must obtain a mediation certificate. The decision letter will include instructions on how to obtain the certificate. Once obtained, you have an additional 30 days from the date of the mediation certificate to lodge the appeal. However, you should act quickly once you have received the EHCP because time is of the essence ahead of the transition in September and the tribunal will receive an influx of these appeals at the same time.

If you are only appealing Section I of the EHCP (educational placement) you do not need a mediation certificate.

What should you do if a review has not been carried out?

If your child is a phase transfer and the local authority has not yet arranged a review, the LA is in breach of its statutory duty.

You have a right to complain to the local authority if they have not complied with the statutory deadlines listed. Depending on the circumstances, it may be necessary to consider a public law remedy arising from the Judicial Review process.

Contact

If you would like advice or assistance about the above, please contact Legal Director, Polly Kerr, who leads the Education team at Tees, on 0330 135 5806 or by email at education@teeslaw.com.

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.

Landlord rights: How to deal with difficult tenants

Posted on 4 November 202420 March 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 202420 March 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.

Understanding the role of an Insolvency Practitioner: Your guide to financial recovery

Posted on 1 July 202420 March 2025 by Sarah O'Sullivan

Are you grappling with financial difficulties and unsure of the next steps? An insolvency practitioner could be the answer. This article delves into the world of insolvency practitioners, shedding light on their crucial role in aiding individuals and businesses navigate insolvency.

Defining an insolvency practitioner

An insolvency practitioner is a certified professional who specialises in advising and supporting individuals and businesses facing financial difficulties. They play a pivotal role in insolvency, managing and resolving financial issues fairly and efficiently.

In the United Kingdom, insolvency practitioners are regulated by recognised professional bodies such as the Insolvency Practitioners Association (IPA) and the Institute of Chartered Accountants in England and Wales (ICAEW). These bodies maintain high standards of professionalism and conduct, ensuring that insolvency practitioners possess the necessary expertise and experience to handle complex financial matters.

Insolvency practitioners are often appointed when individuals or businesses cannot pay their debts. They work closely with all parties involved, including creditors, debtors, and other stakeholders, to find the best possible solution for all parties.

Insolvency practitioners have a range of powers and responsibilities, such as:

Assessing the financial situation and determining the appropriate course of action
Administering formal insolvency procedures such as bankruptcy or liquidation
Investigating the affairs of the insolvent individual or company
Realising assets and distributing funds to creditors
Offering advice and support to debtors, helping them manage their finances and potentially avoid insolvency

Overall, insolvency practitioners play a crucial role in the financial landscape, aiding individuals and businesses in navigating challenging financial circumstances and finding the most suitable solutions for their specific situations.

Roles and responsibilities of an insolvency practitioner

One of the primary roles of an insolvency practitioner is to act as a mediator between debtors and creditors. They facilitate negotiations and find viable solutions to resolve financial difficulties. Whether negotiating payment plans, debt restructuring, or implementing insolvency procedures, their objective is to achieve the best possible outcome for all parties involved.

In addition to their mediation role, insolvency practitioners have specific duties and responsibilities depending on the type of insolvency case. For example, in a corporate insolvency case, they may be appointed as administrators, liquidators, or receivers. Their duties could include assessing the company’s financial situation, selling assets, distributing funds to creditors, and ensuring compliance with relevant laws and regulations.

In personal insolvency cases, such as bankruptcy or Individual Voluntary Arrangements (IVAs), insolvency practitioners assist individuals in managing their debt and finding the most suitable solutions. They assess the debtor’s financial situation, propose repayment plans, negotiate with creditors, and oversee the implementation of agreed-upon arrangements.

Overall, insolvency practitioners guide individuals and businesses through complex financial difficulties. Their expertise, knowledge of insolvency laws, and commitment to finding fair resolutions make them invaluable in helping people regain control of their financial situations.

Choosing the Right Insolvency Practitioner

When facing insolvency, choosing the right practitioner to guide you through the process is crucial. With so many practitioners out there, it can be overwhelming to make the right choice. However, considering certain factors can help you make an informed decision.

One of the most important factors to consider when choosing an insolvency practitioner is their qualifications and experience. Insolvency proceedings are complex, requiring a practitioner with the right expertise to handle your case effectively. Look for practitioners licensed by recognised professional bodies such as the Institute of Chartered Accountants in England and Wales (ICAEW) or the Insolvency Practitioners Association (IPA).

Experience is equally important when it comes to dealing with insolvency. An experienced insolvency practitioner has likely encountered various scenarios and can provide valuable insights and solutions tailored to your situation. They have a deep understanding of insolvency laws and regulations, ensuring that your case is managed efficiently.

Furthermore, it is recommended that you assess the insolvency practitioner’s reputation and track record. Reading client testimonials, reviews, and case studies can give you an idea of their past successes and how they handle their clients’ needs.

Lastly, consider the practitioner’s communication style and approach. Insolvency proceedings can be stressful, and having a practitioner who communicates clearly and empathetically can make the process smoother. A good practitioner should be transparent about the costs, timelines, and potential outcomes.

Considering these factors, you can choose the right insolvency practitioner to provide you with the necessary support and expertise during this challenging time.

Understanding the cost of hiring an insolvency practitioner

When grappling with financial difficulties, hiring an insolvency practitioner can be crucial to resolving your financial situation. However, it’s important to understand the cost implications associated with their services.

Insolvency practitioners charge fees for their professional services, which are typically based on the complexity and duration of the case. The main types of fees you may encounter include:

Fixed fees are predetermined fees for specific services, such as assisting with Individual Voluntary Arrangements (IVAs) or bankruptcy proceedings. Fixed fees provide transparency and allow you to budget accordingly.
Hourly rates: Some insolvency practitioners charge hourly for the time spent working on your case. Hourly rates can vary depending on the practitioner’s experience and the nature of the insolvency matter.
Percentage fees: In certain cases, insolvency practitioners may charge a percentage of the funds they recover or distribute to creditors. This fee structure is commonly used in liquidation or administration scenarios.

Several factors can influence the cost of hiring an insolvency practitioner. These factors include:

The complexity of the case: The more complex the insolvency matter, the more time and expertise the practitioner requires, which can result in higher fees.
Size of the business or assets involved: The size or the value of the assets can impact the cost of the insolvency proceedings. Larger businesses or higher-value assets may require more extensive work, leading to increased fees.
Level of cooperation from stakeholders: The level of cooperation from creditors, directors, and other stakeholders involved in the insolvency process can affect the overall cost. Delays caused by non-cooperation can prolong the proceedings and increase expenses.

Discussing the fees and charges with your chosen insolvency practitioner upfront is important to ensure transparency and avoid surprises. Additionally, consider obtaining quotes from multiple practitioners to compare costs and services offered.

Guidance for directors navigating financial distress

Posted on 12 June 202420 March 2025 by Sarah O'Sullivan

At Tees Law, we acknowledge business owners’ difficulties when their company is in financial distress. Our seasoned insolvency advisors are on hand to provide the expertise and support required during such testing times. This article aims to dissect the role of company directors amidst financial distress, the legalities and choices involved in managing insolvency, and preventive actions and recovery strategies that can assist your business in overcoming financial hurdles.

Deciphering the role of company directors amidst financial distress

When a business faces financial distress, the role of company directors is pivotal in steering the company through the impending storm. Directors are obligated to act in the company’s and its stakeholders’ best interests, particularly during periods of financial instability.

Among the key duties of company directors in financial distress is to take swift and suitable actions to mitigate the impact on the company’s operations. They must balance the interests of creditors, employees, and shareholders while meeting legal obligations.

Financial distress can significantly affect a company’s operations, leading to cash flow issues, difficulties meeting financial commitments, and potential insolvency. Directors must meticulously manage the company’s finances, seek professional advice, and consider options for restructuring or refinancing to stabilise the situation.

Early detection of signs of financial distress is vital for directors to take proactive measures. Common indicators include declining sales or revenues, increasing debt levels, delayed supplier payments, and persistent losses. By closely monitoring financial performance, cash flow, and key performance indicators, directors can identify warning signs early and take suitable actions to address the underlying issues.

Managing insolvency: options and legalities for directors

Understanding the concept of insolvency and its legal implications is essential for business owners grappling with financial distress. Insolvency arises when a company cannot pay its debts as they fall due or when its liabilities outstrip its assets. While insolvency is not a crime, it does carry legal implications that directors must be aware of.

When a company experiences insolvency, directors have several options at their disposal. These options aim to either rescue the business or maximise returns for creditors. A common choice is a Company Voluntary Arrangement (CVA), which allows the company to continue trading while repaying its debts over a fixed term. Another option is administration, where an insolvency practitioner assumes control of the company to achieve a better outcome for creditors.

Insolvency advisors play a critical role in assisting directors through financial distress. They are licensed professionals who offer expert advice and guidance throughout the insolvency process. Insolvency advisors can evaluate the company’s financial situation, identify available options, and advise directors on the best action. They can also assist with negotiations with creditors and ensure compliance with relevant insolvency laws and regulations.

Preventive actions and recovery strategies for financial distress

Financial distress can pose challenging circumstances for business owners. However, preventive measures and recovery strategies exist to help alleviate the burden and potentially avoid insolvency. By implementing effective financial management strategies, developing a recovery plan, and seeking professional advice, directors can navigate tough times and work towards a brighter future.

A key strategy to avoid insolvency is to focus on effective financial management. This involves maintaining accurate financial records, regularly reviewing cash flow, and managing debt. By closely monitoring the company’s finances, directors can identify early warning signs of financial distress and take proactive steps to address them.

In the event of financial distress, developing a recovery plan is crucial. This involves assessing the current financial situation, identifying areas for improvement, and setting realistic goals. A recovery plan should include cost-cutting measures, exploring new revenue streams, and negotiating with creditors to restructure debt. By having a well-defined plan, directors can work towards stabilising the company’s financial position.

Seeking professional advice is essential during financial difficulties. Insolvency practitioners and legal experts can provide invaluable guidance and support. They can help directors understand their legal obligations, explore alternative financing options, and navigate the complexities of insolvency procedures if necessary. Professional advice can provide clarity and ensure that directors make informed decisions that are in the company’s best interest.

Professional negligence time limits: The clock is ticking

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

If you have a professional negligence claim, it is crucially important that you are aware of the time limit or limitation period applicable to your claim. Once the limitation period expires, the negligent professional gains an absolute defence to the claim, and you cannot recover your losses.

Limitation periods exist because it is considered unfair for a defendant to remain exposed to potential claims in perpetuity. In addition, old, stale claims are far more difficult to run. The older the claim, the more likely it is that documents evidencing what happened will be lost or destroyed, and the memories of the people involved will fade. In the public interest, limitation periods have been applied to reduce the time period within which a claimant can advance a claim.

What are the limitation periods?

The various limitation periods are set out in the Limitation Act 1980. The main limitation periods relevant to professional negligence claims are:

Breach of contract: six years from the date the contract was breached. If you enter a contract with a professional, you have six years from the date the professional breached the contract before your claim is out of time.
Negligence: the primary limitation period is six years from the date you suffered a loss because of the negligent act or omission. There is also a secondary limitation period, which, in rough terms, runs for three years from the date that you became aware (or should have become aware) of the facts of your claim, subject to a long of 15 years from the date that the loss was suffered.
Fraud and deliberate concealment: six years from the date you discovered the fraudulent act or that something was deliberately hidden from you.
Breach of trust: six years from the date of the breach.

Can I protect a limitation period?

It is possible to protect a limitation period. If you issue proceedings (i.e., your claim to sue a professional in the Court) before the limitation period expires, it will be protected.

Once the claim is issued, you have four months to serve the Claim Form and Particulars of Claim on the professional. You can use this period to investigate your claim further and prepare the Particulars of Claim. If you need more time, you can try to agree on an extension of time for service or ask the Court to stay the proceedings.

However, be warned. The cost of issuing can be high, and you will likely incur extra legal costs in progressing the claim according to the Court’s timetable.

In addition, you will face a cost risk if you decide to discontinue the claim, if the Court has cause to criticise your conduct or, at worst, if your claim is unsuccessful.

Instead of issuing the claim, you can seek to enter a Standstill Agreement with your opponent before the limitation period expires. This contractual agreement states that you both agree to suspend the limitation period applicable to the claim for a certain period. The Standstill Agreement can be extended whenever necessary.

It may seem daunting to persuade your opponent to agree on a Standstill Agreement, but defendants are often open to doing so if they think there is a risk that you will issue proceedings. A Standstill Agreement allows both parties to avoid the costs and risks of issuing a claim and gives both time to resolve the claim themselves.

Bear in mind that a Standstill Agreement is unlikely to protect limitation periods that expired before the Agreement was signed. For example, if you seek to protect secondary limitation, but it is later established that you knew or should have known about the claim earlier, then there is a risk that the Standstill Agreement will not protect your claim.

What should I do if I realise a limitation period is expiring soon?

If you become aware that the applicable limitation period for your claim will expire soon, it is strongly recommended that you seek advice from a specialist professional negligence lawyer.

There are two main reasons for this:

Firstly, calculating limitation periods can be more complicated than it appears at first sight, particularly when it comes to establishing secondary limitation periods. Remember, the secondary limitation period may run from the point that you should have become aware of the facts of your claim, not necessarily when you became aware. You may need expert advice to be sure when the limitation period began running.

Secondly, when you instruct a professional negligence lawyer to protect limitation, you pass responsibility for monitoring the limitation date and taking steps to protect it to your lawyer. The burden of making sure the date is protected is off your shoulders.

If you think you may have a claim against a professional who has acted for you and would like advice from a specialist professional negligence solicitor, don’t hesitate to contact Alice Evelegh-Taylor at Tees at alice.evelegh-taylor@teeslaw.com to discuss your claim.