Rising Rents but Added Responsibilities

Recent reports show that private sector letting rents are growing faster than sale prices in London. The average rental for a private letting in London rose 16% in 2010. 

You may be considering renting out your property or purchasing on a buy-to-let basis. However, the obligations on private landlords are considerable, ranging from compliance with the Health and Housing Safety Rating System to the regulations relating to the protection of deposits to statutory procedures for regaining possession. For example, UK Energy & Climate Secretary Chris Hulme has recently announced changes to the new Energy Bill which means from April 2016 landlords will not be able to refuse tenants, or local authorities, reasonable requests to improve their property’s energy efficiency. 

At Hanne & Co our housing department has a wealth of experience and knowledge of Landlord & Tenant law. We can provide you with sensible and cost effective advice on all aspects of private letting from drafting tenancy agreements tailored to your specific requirements to advising you on your statutory obligations as a landlord to dealing with problem tenants.

Please feel free to enquire with one of our Housing law team on +44 (020) 7228 0017, alternatively you can contact us through info@hanne.co.uk or via our website www.hanne.co.uk, and one of our experienced housing lawyers will be in touch.

Ex-Wife refused permission to relocate children to Canada

On 18 May 2011 Judges in the Court of Appeal case of MK v CK allowed the father’s appeal to stop his ex wife from moving to Canada with their children. The Court of Appeal Judges found that the lower court had not balanced the pros and cons of the mother’s application to remove the children from the jurisdiction.

In the past ten years there has been a trend by the courts to allow an application by one parent to move abroad if they had well laid plans, genuine reasons and if forced to stay they would be unhappy and the children would suffer as a result. The Court in this case carefully considered all of the facts and placed strong emphasis on the fact that both parents shared the care of their children. The unanimous ruling of the three panel Court of Appeal stressed that the only principle of law is that the welfare of children is paramount. The court in weighing the balance between the detriment to the children if they remained and the detriment that would result from a diminished relationship with their father if they relocated ruled that it was in the children’s best interests to remain in the UK

MK V CK case facts

The mother is of Canadian origin and the father of Polish origin but spent his childhood in Canada. The parties, who are both bankers, married in London in 2004. They have two daughters aged 4 and 2. The parties divorced in 2010. The parties had a shared residence order, which provided that the practical care of the children was shared by both parents. The mother applied to relocate back to Canada following the divorce as she wanted to be nearer her parents for emotional and material support.

The Court referred to the leading authority of Payne v Payne. They noted that in that case the applicant mother was the primary carer for the children. In such circumstances the court can consider that the children are dependent on the primary carer’s stability and wellbeing.

However the approach in Payne should not be adopted in cases where the practical burden of care is shared between the parents.

How can Hanne & Co help you?

Hanne & Co are one of London’s leading family law firms. Our specialist family law department possesses a wealth of experience in complex relocation proceedings. Following the Court of Appeal ruling in MK v CK it is likely that parents will seek shared care arrangements when dealing with residence applications, particularly where there is an international element e.g. one parent has ties to another country other than England and Wales. As well advising you on these issues we can also advise on other areas of Family Law such as Financial Remedies, Cohabitation, Adoption and Public Law. 

Please feel free to enquire with one of our family law team on +44 (020) 7228 0017, alternatively you can contact us through info@hanne.co.uk or via our website www.hanne.co.uk, and one of our experienced family lawyers will be in touch.

About the firm
Hanne & Co is a leading South London firm based in Clapham Junction. Established in 1898 we have a long history and outstanding reputation. As well as services in Family we are experts in Property (residential and commercial), Private Client and Wills, Employment Law, Housing, Landlord and Tenant and Crime. We have a thriving practice with our staff dedicated and committed to providing a quality service at competitive rates.

For further information please contact us at +44 (020) 7228 0017, or contact us through info@hanne.co.uk. You can also find out more about us at our website www.hanne.co.uk or visit our wikipedia page http://en.wikipedia.org/wiki/HCL_Hanne_&_Co

Challenging the Validity of a Will

Challenging the validity of a will is often very complex and many clients seek straight forward legal advice on probate practice and procedure as well as the merits of their claim. A recent judgment handed down by the High Court has provided further guidance to those seeking to challenge the validity of a will.

Following a costly seven day trial, it was ruled that Helen Blofield, in her 80s, “knew what she was doing” when she disinherited her Grandaughter from her £150,000 estate in favour of Lionel Cranfield, her former neighbour. 

Instructions were taken for the will on the 31st October 2006 by a firm of solicitors on Mrs Blofields’ behalf. Days prior to this, on the 20th October 2006, Mrs Blofield had been seen by a different firm of solicitors, who had sufficient concerns regarding her mental capacity to refuse to proceed without positive medical evidence detailing her capacity to provide instructions. 

Medical evidence is often very important in determining an individual’s capacity to provide instructions to a solicitor. Mrs Blofield had asked to change her will leaving the entirety of her estate from being in favour of her Granddaughter, Leigh Cowderoy, to that of street paver, Lionel Cranfield.

Following Mrs Blofield’s death in October 2008, Ms Cowderoy, an airline executive, sought to challenge the validity of the will which had been amended by the second firm of solicitors visited by Mrs Blofield and argued that Mr Cranfield had coerced her Grandmother into changing the will.

At the time of Mrs Blofield’s death, Ms Cowderoy had worked for an airline company and rarely saw her Grandmother. Mister Justice Morgan concluded that Mrs Blofield’s decision to amend the will was influenced by her belief that if she did so, and told Mr Cranfield that she had done so, then he would continue to visit and care for her in the subsequent years. 

Mr Justice Morgan stated that “Mrs Blofield had good days and bad days.” On hearing evidence from both sets of probate solicitors and numerous other witnesses as to Mrs Blofield’s mental capacity on and around the time of making changes to her will, he ruled that her “condition did fluctuate principally as a result of the combined effect of her medication and the consumption of alcohol” and that the 20th October was “a bad day” and it may have been that there were doubts as to Mrs Blofield’s capacity on the particular day in question.

The case highlights the importance of timing. Whilst evidence showing that the testator lacked capacity around the time of making a will can throw doubt on its validity, the determining factors will always be capacity at the time of instruction and execution. Hanne & Co’s probate solicitors are experienced in advising and representing clients who seek to challenge the validity of a will and have a wealth of knowledge in representing clients seeking advice on making an Inheritance Act claim. We are able to offer appointments without delay at very competitive rates.

If you need any advice on wills, probate and trusts, or you would like to contest a will or make a claim if you feel you have not been fairly provided for then please contact us. 

To make an appointment with our wills department please call 020 7228 0017 or email info@hanne.co.uk