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Tenancy Deposit Scheme - Universal Estates v Tiensi |
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Written by Alastair Dunnett
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Most landlords are aware that they are required under the Housing Act 2004 to pay any deposit they receive from a tenant into an authorised scheme within 14 days of receipt. They are also required to inform the tenant of the identity of the scheme.
The legislation has caused some confusion because it states that if either of those requirements have not been complied with then the court must order the landlord to pay three times the deposit to the tenant within 14 days.
This sanction has caused quite considerable debate. Landlords claim that the penalty is draconian and tenants believe that landlords should be aware of the rules so should ensure that they comply with them!
The issue has arisen that landlords sometimes believe that they can avoid this penalty by paying the deposit, or giving the tenant the required information, outside the 14 day period but before the hearing of any proceedings that the tenant might bring against the landlord to recover three times their deposit. There have been various conflicting decisions across the courts with some judges believing that the landlords can get away with doing this, whilst others have been saying it is a requirement that the deposit had to be paid in within time and that paying it to a scheme late is not acceptable.
The uncertainty is likely to be resolved by a case known as Universal Estates –v- Tiensia which was heard at the Croydon County Court. This case is going to the Court of Appeal and they will shortly be providing a judgment that will hopefully clear up this otherwise uncertain area of law.
If you are a landlord or a tenant and are faced with this situation, or any other matters arising out of a tenancy, then contact Veitch Penny Solicitors on 01392 278381 and we are happy to offer a free half hour consultation.
Please note: This article does not constitute legal or other professional advice and should not be relied on as such. You should take specific advice regarding your circumstances before taking any action based on the information contained within this Update. |
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Veitch Penny Solicitors raise over £1600 for Devon Air Ambulance |
Exeter and Crediton based local law firm Veitch Penny are celebrating after raising over £1,600 for their charity of the year, the Devon Air Ambulance Trust. The firm has spent the past 12 months actively fundraising and are delighted to be able to give the amount to such a deserving cause.
The Devon Air Ambulance was voted as the Veitch Penny charity of the year by staff, who recognised the need to keep the region’s two Air Ambulances flying and wanted to contribute to the estimated £4 million annually needed in order to keep both helicopters airborne.
In their fundraising, Veitch Penny Solicitors, itself a proud part of the Devon community, recognised the need not only to support a local charity, but to work with other local businesses and institutions to help others. As part of the series of fundraising activities, the law firm was delighted to have worked closely with Buckfastleigh Primary School as part of the Christmas Card Design Competition.
Managing Partner, Charles Dowell, who heads up the Private Client department and whose advice includes Moving Home, Wills & Trusts, said of Devon Air Ambulance Trust, "It is a very deserving charity and the work that they do and the service they provide for the region is fantastic and invaluable.”
The whole firm was involved and enjoyed raising the £1689.49 total, which included events such as the Britain’s Got Talent styled Forrero Rocher Challenge, Dress Down Days, raffles, and numerous running events, particular thanks to the IT Manager, Anthony Martin and Associate Solicitor, Lorna Herring who trained very hard for the Great West Run.
Heléna Holt, Chief Executive of the Devon Air Ambulance Trust said ‘On behalf of the charity I would like to thank Veitch Penny and all their staff for this fantastic donation. It sounds like all the staff have put a lot of hard work and effort into raising the funds.’ She added ‘Having a charity of the year at your place of work is a great way to encourage staff engagement and raise morale. If your business supports charities too, please consider supporting the Devon Air Ambulance Trust. If you would like to know more please ring us on 01392 466666 or email us at
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’.
Veitch Penny Solicitors prides itself on being a substantial practice with clients all over the country with the reputation of a London firm, but with highly competitive local rates. Whether you are looking for services for the individual or a company, we can provide expert advice on Moving Home, Wills & Trusts, Personal Injury, Employment issues and Business Law.
Call 01392 278381 or email
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for more information.
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Local Solicitors strengthen personal injury department |
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Written by Stacey Avery
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Local Solicitors, Veitch Penny, of Exeter and Crediton, are celebrating after further strengthening their Personal Injury Department with the addition of two solicitors.
Catherine Rosewell and Frances Macdonald both worked as Legal Executives within Veitch Penny, ensuring that accident victims receive the maximum compensation they deserve. Following two years of extensive training, they have both been admitted to the Law Society as Solicitors.
The past two years have been extremely busy for both women; as they have continued working full time looking after their existing clients, whilst travelling to London to develop their specialist areas and expertise.
Catherine Rosewell, who has worked for Veitch Penny for over 10 years, first joining as a legal secretary said: “Upon becoming a Legal Executive, I decided I wanted to continue my studies to broaden my knowledge, but more importantly, I wanted to be able to offer a higher level of understanding and services to my clients”
Frances Macdonald said: “I was very pleased to qualify. The courses I took have really helped me develop my legal skills and enabled me to give better client care. I am pleased to have also had the opportunity to learn about more diverse areas of law.”
Both Catherine and Frances continue their careers in Personal Injury, bringing fresh knowledge and specialisms to an already experienced team, further strengthening the department with their interests in Equestrian and Agricultural claims.
Michael Penny, Head of the Personal Injury Department, is “proud of the girls achievement” and believes it shows “real passion and dedication to the law and their clients” to have spent the time developing their skills, he added that he was “proud that Veitch Penny was able to support them during this time.”
Veitch Penny is considered a “Leader in the Field of Personal Injury”*, and also specialises in wills, probate, conveyancing, and tax advice for members of the general public, as well as actively working with local businesses and employers. * The Chambers Guide to the Legal Profession 2004-2010.
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The right to request time off to train |
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Written by Rachel Billen
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The Apprenticeships, Skills, Children and Learning Act 2009 introduces the right for employees to request time off to train. There is no obligation on the employer for the time off to be paid, or for the employer to pay for the training requested.
This is expected to come into force for large employers with more than 250 employees from April 2010 and for all other employers from April 2011.
It is anticipated that the procedure will mirror the current right to request flexible working, and will require an applicant to have 26 weeks continuous employment before making the request. It will be up to the parties to agree how much time should be given.
The Act specifies the content of the employee’s application, and as with the right to request flexible working, the employee will need to explain how the planned training would assist the employer. There are certain grounds upon which the employer may refuse the application. |
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Drop in Annual Compensation Limit |
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Written by Rachel Billen
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Each year, the government reviews the statutory cap on weekly pay (used to calculate redundancy pay and the basic award for unfair dismissal) and the maximum compensatory award available under the Unfair Dismissal legislation. This normally takes place in October.
In October 2009, the statutory cap was increased to £380. However, as of 1st February 2010, the maximum compensation award is to drop from £66,200 to £65,300. The statutory cap on a week's pay will remain the same at £380.
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Companies Act 2006: The Final Phase |
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Written by Alastair Dunnett
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Many people will be aware that the Companies Act 2006 is now fully in force, the final phase of the act being implemented on 1 October 2009
As a result of the changes introduced by the new act it is possible for people responsible for running limited companies to make various changes to the company’s Memorandum and Articles of Association. The changes that you are now allowed to make will not necessarily affect how you run the business. However, some of them are designed to reduce the administrative burden of running a limited company.
Many of the onerous obligations on small companies have now been removed. For example, under the new Act it is no longer a requirement for all companies to have a company secretary. Other changes that may prove popular include the removal of the requirement for all companies to hold an Annual General Meeting and the ability for companies to make better use of Written Resolutions when making shareholder decisions
Many of the advantages of the new Act will not apply to existing companies until their Articles are amended. As a result, whilst there is no requirement for existing companies to change their governing documents, now is a good time to consider whether the Articles of Association could be updated.
As well as allowing various changes to be made to a company’s constitution the new act also imposes additional requirements on companies including new trading disclosures. Previously, all companies have had to publish their name, number and registered office on business letters and this requirement has been extended to electronic documents including any company website.
If you have any concerns about how the new Act will affect your business or if you would like a free half hour to discuss whether your company’s constitution needs amending, call Veitch Penny on 01392 278381.
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and are bound by their ; SRA registration numbers: 00523544 and 00535277. The term 'Partner' is used to refer to a Member of Veitch Penny LLP, an employee or consultant with equivalent standing and qualification, a full list of which is available for inspection at the above address.