Buckles seminar and workshop programme

Tomorrow evening (16th September) we are putting on a seminar which will be of interest to landlords regardless of the profile of their property portfolio since it deals with something  which is currently of conern to all landlords - the insolvency of a tenant.

If you would like to attend, or would like further information, please contact Sara Coggins on 01733 888735 or by email at sara.coggins@buckles-law.co.uk

On Thursday 23rd and 30th September the firm's social housing team is running a seminar dealing with issues affecting social landlords.

On 6th October the firm's employment team is running a seminar dealing with the issue of restrictive covenants in employment contracts - an area of law which is a caselaw minefield!

Finally in October, the firm's commecial property team is hosting a much more laid back event - we're going to be indulging in some wine tasting!

If you'd like to attend any of the above seminars or events, or would like to be placed on the firm's mailing lists for future events please contact Sara Coggins (as above!)

Rave Reviews for Buckles!

The independent client's guide to law firms, the Legal 500, published its 2010 edition online yesterday - some really great reviews for the teams here and individuals within those teams!  Check out what the Legal 500 has to say about the firm here - http://tinyurl.com/2wd7hzl

Another Accident at Work story..........

A worker who slipped in flooded toilets has won an undisclosed sum in compensation.


The man worked at a community centre and went to investigate a problem in the toilets. Someone had put the plugs in the washbasins and left the taps running and water had overflowed onto the floor. As he went to turn off the taps, the man slipped and fell, fracturing his elbow.



It emerged that this was not the first time someone had deliberately caused a flood at the premises. There had been a similar incident in another set of toilets at the community centre. However, no action had been taken on the part of the man’s employer to prevent the potential problem, such as removing the plugs or fitting each tap with a flow-limiting device.

The man brought a personal injury claim, but his employer denied liability for the accident. In court, the judge found that the employer had failed to put in place adequate health and safety measures. As well as steps to prevent a recurrence of flooding, there should have been a system in place for making regular checks on the toilets as the community centre was used by members of the public. Also, training should have been provided on how to deal safely with a flooding incident.

Council Tax on Houses in Multiple Occupation

The High Court has just decided (in the case of R (Goremsandu) v London Borough of Harrow)  that the landlord of a house in multiple occupation (HMO) was not liable to pay council tax to the local authority and that the liability remained with the tenants.

 

Given that many local authorities have been actively pursuing landlords for the payment of council tax where tenants have failed to pay, there will be many investors this morning heaving a sigh of relief!

James Maxey says Never Say Never

This week has seen the launch of the mediation website www.mediated-solutions.co.uk and as always when mediation is discussed, inevitably it leads to me being asked by clients and lawyers alike if mediation really works. It is 14 years since I first experienced mediation and the biggest thing that has changed in that time is the increasingly enlightened attitude of clients and lawyers who are finally recognising that, without any sign of weakness, the willingness to sit down with a neutral third party and explore creative solutions to a dispute can actually bring savings of time and money.

“But why do we need a mediator” is the next chirpy comment that emerges. “If we can’t settle it ourselves sitting round the table then a mediator could never settle it”. But this misses the invaluable dynamic a mediator can bring to a settlement meeting.

A mediator is neutral and can talk to the parties without being for or against their case. A mediator is objective and can test the realities. A mediator should be the trusted honest broker. Most importantly, a mediator is confidential and can get into the unique position of fully understanding both of the parties private positions and therefore seeing if there is any overlap.

And the reasons mediations fail?

In my own experience around 90% of mediations result in settlement, and of disputes where I have been appointed as mediator, so far 2010 has a 100% success rate. But the major impediment I usually see is a lack of preparation. It is essential that the clients and their lawyers have spent some serious time thinking about what is actually achievable if they take their case to court and the realistic risks and costs they face. Providing those issues are addressed then a competent mediator stands a very good chance of bringing favourable settlement terms to most disputes. Don’t knock it until you have tried it. And never say never.

Air Rage - it's not just the passengers!

Poor Steven Slater - it all got too much for this experienced member of the Jet Blue cabin crew after a passenger allegedly verbally absued him and opened a storage locker on his head.  Steven gave the lady concerned a rather poor review over the aircraft tannoy and promptly exited the plane via the emergency slide.  You can only wonder just how many other cabin crew the world over have felt like taking the same sort of actions at one time or another!

But air rage is on the increase generally - and it's worth considering that certain behaviour on board an aircraft does carry some hefty crimial penalties.  Even mere "unruly bahaviour" can result in a fine of up to £2,500.00 (making it a pricey old break to the sun!).  The more serious offences - usually involving physical violence - carry a maximum fine of £5,000.00 and up to 2 years residing at Her Majesty's pleasure.  Try getting that absence past HR!

Airlines now have a zero tolerance policy to all these types of behaviour and anyone falling foul will certainly find the local police waiting for them on the tarmac.  There's apparently slightly more tolerance to the joining of the mile high club - though recent passengers on a Dutch flight weren't shown that tolerance given the fact that their club application was made whilst still in their seats!

Impact of the forthcoming VAT increase on SDLT

As everyone is no doubt aware, the standard rate of VAT will increase to 20% with effect from the 4 January 2011.  It has until now been slightly unclear what effect this might have on leases already in existence where VAT is payable on the rent.  Since SDLT is calculated on the VAT inclusive amount of the rent (thanks HMRC - nothing like being taxed on tax eh!!) any change in the VAT rate is theoretically notifable to the Revenue.

The Birmingham Stamp Office has advised that the requirement to review the SDLT calculation for leases with variable or uncertain rent (by virtue of being subject to VAT and there being possible fluctuations in the VAT rate) at the earlier of the end of the fifth year of the term or when the rent for the first five years of the terms becomes ascertained, is modified so that the review date will always fall at the end of the fifth year of the term.

Essentially, what this means that where the rent review date occurs before 4 January 2011, the 4 January 2011 VAT rate increase can be ignored. Only leases granted after 3 January 2006, for which this review date falls on or after 4 January 2011 will need to take the VAT increase into account.

There is a 30 day deadline from that review date to pay any additional SDLT due and file a further return.