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BBC breakfast bulletin: The right to be forgotten

One of the lead stories on BBC 1 Breakfast this morning was about the overhaul of UK data protection laws.

British citizens will soon have more rights to control what is done with personal information about them. The UK data protection watchdog is also to get new powers and will be able to levy higher fines.

Care Home contracts

The law provides greater protection for consumers when they enter into contracts with businesses than it does when businesses contract with other businesses.

Residential care home clients are invariably “customers” and not businesses. So these additional protections need to be kept in mind when drafting and preparing the contractual terms which are to govern the relationship between the residential care home and its residents.

Can you recover costs in a small claims dispute?

The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions.

One of those exceptions is if the Court thinks a party has behaved unreasonably.

Residential tenancy deposits – are you protected?

Landlords and Tenants should take heed of the importance of complying with the legal requirements centring around the protection of tenancy deposits.

As most Landlords will be aware, any deposit paid in connection with an Assured Short-hold Tenancy since 6th April 2007 must be registered with an authorised Tenancy Deposit Scheme. The Tenant must be provided with prescribed information within 30 days of receipt of the deposit. Landlords are required to register the deposit within 30 days of receipt.

Timeshares – not all ‘fun in the sun’

Each year, thousands of Brits are cold called or approached in the street to be hailed as “competition” winners or presented with offers of “free holidays”. The catch being you have to attend a presentation in order to claim your “prize”.

The presentation is a high pressure sales pitch which can last several hours with many people finding it difficult to leave without signing up for a Timeshare, a decision they often later live to regret.

Are you protected by your Terms & Conditions?

Contracts are the lifeblood of any business. You cannot sell a good or a service without one. Every business has to contract if it is to survive and succeed.

Despite this reality, often not nearly enough attention is paid to making sure that appropriate terms and conditions govern the contracts that are entered into.

Advice for landlords on new EPC Minimum Energy Efficiency Standards

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 were made on the 26th March 2015. They introduced a change in the law whereby from the 1st April 2018, it will be unlawful to privately let residential and commercial properties with an EPC rating of ‘F’ or ‘G’, unless one of the exemptions detailed below applies.

It is important to note that the Regulations will not apply to properties that are not required to have an EPC or where a property is let for a period of less than six months or for a term of more than 99 years.

Flat lease extension under the Leasehold Reform Housing and Urban Development Act 1993

This is the right to extend your residential flat lease by 90 years on top of the unexpired term of your existing Lease. The new Lease will be at a peppercorn rent (e.g. no ground rent is payable) and will generally be on the same terms as the existing lease.

To qualify for this right, you must have been the registered owner of the flat at the Land Registry for at least two years and the original term of your lease must be in excess of 21 years.

There are a number of exclusions that will prevent you from exercising this right such as your Landlord being a charitable housing trust. You should therefore contact us to assess your own individual eligibility.

Property fraudsters – who is to blame?

It is commonplace for a legal professional to request proof of identification from their client at the beginning of any legal transaction. For a conveyancer, verifying their client’s identity is a particularly heavy burden to bear. Not only does a conveyancer owe a duty of care to their client, but also to their client’s lender…

Linder Myers advises on Blackpool Pier acquisition

Linder Myers Solicitors has acted for Peter Sedgwick and his family on the Blackpool Pier acquisition which was on the market for a total consideration of £8.1 million.

All three of the resort’s iconic piers are now owned by Peter Sedgwick and his family following their acquisition of the town’s North Pier in 2011.

The team at Linder Myers Solicitors was led by partner and joint head of commercial property, David Stratton.

Linder Myers to offer franchising advice at The Giant’s Shoulders event

Linder Myers’ senior partner Bernard Seymour will be one of the key speakers at the Your Franchising Journey Made Easy event taking place at the Park Inn by Radisson on Thursday 18th September between 6pm – 8.30pm.

Aimed at individuals who are considering business ownership as an alternative career or investment, the event is being hosted by The Giant’s Shoulders which is a collaboration between Mr Franchise, which matches individuals with the right franchise opportunity; Engage Web, which provides holistic search engine optimisation services and event management company Kate Mackenzie Events.

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