Being an attorney (or deputy) for someone who lacks capacity often involves difficult decisions. One of the trickiest is whether you should make a gift from their funds. You might believe that they would approve if they had capacity, but the consequences of making an unauthorised gift can be very significant, involving possible civil and even criminal liability.The Office of the Public Guardian has the power to investigate gifts. They can require you to explain any gifts (or financial tra […]

The Party Wall Act 1996 governs the procedure you should follow when developing or doing works to (or near) a party wall. It is a complex area of law, and in this post I will summarise the main issues to be aware of.First of all, what is a ‘party wall’? It is a wall, fence or building that shares a boundary between two properties. For example, semi-detached or terraced houses or commercial buildings that linked together by a wall or boundary feature.The aim of the Party Wall A […]

When negotiating a commercial agreement or contract, the parties will often agree ‘heads of terms’ before negotiating and signing the final document. They might be known as letters of intent, memoranda of understanding, notice of sale or term sheets. But what are heads of terms and why are they used?Heads of terms are used in many different commercial transactions including joint ventures, property sales, purchases and leases, corporate business sales and mergers. They are a d […]

NHS continuing healthcare is a package of care funded by the NHS for individuals with a primary health need, regardless of the individual’s ability to pay for their care. It can, for instance, pay for care home fees. Healthcare is a ‘devolved power’, and so the Welsh Government has responsibility for setting the rules (rather than the UK Government, as in England).In Wales, you can ask the local health board to review your eligibility for continuing health care, but only […]

More and more people have a Lasting Power of Attorney in place, to allow someone else (usually their spouse, son or daughter) to make decisions on their behalf if they become incapable. Often an LPA is never actually needed, but if it is used it’s vital that the Attorney understands their role and duties and keeps a record of decisions made and actions taken. If not, they can easily get into hot water, or even incur a person […]

With more and more people finding that buying a flat or house is unaffordable, long-term renting is now very common. Here are four more questions I am often asked about the legal rights of tenants. 1. Can my landlord come into the property whenever they want?The landlord has a right to reasonable access to carry out repairs for which they are responsible and to inspect the property, but usually they must give 24 hours’ notice in writing.In most cases, a landlord does not have the rig […]

With more and more people finding that buying a flat or house is unaffordable, long-term renting is now very common. Here are four questions I am often asked about the legal rights of tenants. 1. Can my landlord kick me out without a reason, and how much notice should I be given?Your landlord can’t evict you during the fixed term of a tenancy unless you breach a term in the tenancy agreement, such as not paying rent or damaging the property (unless there is a break clause in th […]

Have the poor advice or negligent actions of your professional adviser – such as your IFA, surveyor, accountant or architect – caused you financial loss? If so, you may be considering bringing a professional negligence claim against them to get your money back. I discussed these claims generally in the previous post. Here are a few other important points to take into account.First, the time limit for issuing court proceedings is generally 6 years from the date of the negligent advice (or […]

Most professional advisers – such as accountants, IFAs, surveyors and solicitors – provide a professional and competent service. Their clients are usually happy with their work. But sometimes things go wrong – if your adviser’s mistake has caused you financial loss or other damage, how do you hold them to account and get your money back?Typical scenarios I have seen include accountants who fail to submit tax returns or accounts on time, resulting in fines or interest pay […]