ARE YOU GETTING MARRIED OR ENTERING INTO A CIVIL PARTNERSHIP?

September 14, 2021

Are you considering a Pre-nuptial Agreement? Prenuptial agreement (Pre-nup)’is a non-binding contract between you and your partner. It is prepared for couples before marriage detailing information as to who will be responsible for the assets and finances during the marriage and in the unfortunate event of a divorce how their assets will be divided. A Pre-nup is usually considered where one person in the relationship has larger assets than the other. A judge will decide whether the Pre-nup is enforceable as long as both parties can satisfy certain criteria. We can discuss this with you if you are considering entering into a Pre-nuptial Agreement. A couple entering into a civil partnership can enter into a pre-registration agreement. If you need assistance or advice on this our specialist family lawyers are happy to help and can offer a free 30 minute consultation to discuss the way forward. Please contact us on 01706 671434. NOTE: Please note this page is for information purposes only and does not constitute legal advice, therefore should not be relied upon.

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WHY SHOULD A BUSINESS OWNER HAVE A LASTING POWER OF ATTORNEY

September 7, 2021

What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) is a legal document used to appoint someone who can make decisions on your behalf when you are not able to do so. They can then make decision in relation to your personal affairs. Why should business owners have a lasting power of attorney? Business owners should consider carefully about the running of the day to day business if they are not available or unable to make the decision. Business owner can make a Business Lasting Power of Attorney (BLPA) in the event they are not available, lack capacity and can no longer make a decision. The nominated BLPA can act on their behalf in relation to the business interest and finances should any of these situations arise. Who are BLPA’s for? All business owners, whether that be a sole trader, partners and company directors. What does a Business Lasting Power of Attorney deal with? This primarily deals with the assets and financial aspects relating to your business. In what circumstances can a business LPA be used in? • When the business owners has a medical condition and no longer has capacity • When the business owner is unavailable either on business or on holiday • When the business owner has an accident and cannot make decisions as a result# Effects of not having a Business Lasting Power of Attorney Should a business owners find themselves in a position where they lack mental capacity, unavailable or had an accident where that might be either be temporarily or permanently, their business is at risk if they do not have a (BLPA), if there is no authorised person to make a decision. If such a situation does arise and there is no BLPA in place one of the major affects is the bank account of the business can be frozen so for example employee won’t be able to get paid, bills won’t be paid etc which can have a detrimental effect on the business. We are a leading law firm advising on private client matters throughout England and Wales. Please contact us if you need advice on the above on 01706 671 434. This page is for information purposes only and should not be relied upon as a substitute to legal advice and does not amount to legal advice.

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GOVERNEMENT GUIDANCE FOR COVID-19 RENT ARREARS

September 3, 2021

The Ministry of Housing, Communities and Local Government issued a policy statement, Supporting businesses with Commercial Rent Debts on 4 August 2021 setting out how it intends to legislate to “ringfence” rent arrears as a result of enforced closure of businesses due to the COVID-19 pandemic. The policy will also address and detail the process of binding arbitration between the landlord and tenant. Key points to note from the policy are: · They will legislate to “ringfence” rent arrears for commercial tenants that have accrued from March 2020 until when restrictions have been lifted. · It has been made clear that ringfencing” will not protect rent arrears prior to March 2020, or when restrictions have been lifted and those not affected by the enforced closure. Landlords therefore can evict tenants for rent arrears prior to March 2020 and when the ringfenced period ends. · Section 82 of the Coronavirus Act 2020 provides protection for the eviction of commercial tenants for non – payment of rent and this will continue until 25 March 2022, unless legislation has passed prior to this date. · Commercial tenants who have not been affected by the enforced pandemic closure, and have the resources to pay, then should pay. · At present, Landlords cannot issue a winding up petition or statutory demand in relation to rent arrears as a result of the pandemic until 30 September 2021. In due course further measures will be announced in relation to this. · A revised Code of Practice will be issued detailing what is expected of the landlord, and the arbitrators this has to be complied with during the arbitration process for tenants who are looking to resolve the rent arrears. · It is expected that the cost of the arbitration should be shared by the landlord and tenant, if they have negotiated in good faith. · Binding arbitration should only be used as a last resort where neither party can reach an agreement. This update is for information purposes only and should not be relied upon as a substitute to legal advice and does not amount to legal advice.

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HOW MANY POINTS ON YOUR LICENCE BEFORE YOU GET DISQUALIFIED?

September 1, 2021

Within a three year period if you get 12 points on your licence, you can be disqualified. However, new drivers need to be aware that if you receive 6 points within two years of passing the test, your licence will be taken off you, which means you will have to begin the whole process again from applying for a provisional licence, to passing the theory test and the practical test to get a licence. Should you find yourself in such a situation, please do not hesitate to contact our specialist team members at Pennine Solicitors who will be happy to assist with points on your licence and or any speeding offences. NOTE: Please note this page is for information purposes only and does not constitute legal advice, therefore should not be relied upon. For legal advice please contact us on 01706 671434.

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