Landlords should beware of the dangers of encouraging tenants to pay for substantial improvements to their rented property.
Although in practical terms expenditure on a property by the tenant benefits both the parties, there is a hidden danger of a defence being raised when the Landlord seeks to obtain possession.
This defence is called promissory estoppel.
To succeed in this defence the tenant must prove
- that a promise was made and
- that the tenant acted on that promise to their detriment.
So for instance, if the Landlord agreed that the tenant could instal a new fitted kitchen and that the tenant could reside in the property for as long as he wanted to, but subsequently, the Landlord wanted to sell the property, the tenant could raise the defence of promissory estoppel.
Such a defence could easily be proven if there is a written agreement.
Alternatively, the tenant would need to provide receipts or other proof for work done at the tenant’s expense. If no receipts are available, the tenant could rely on photographic evidence, testimony from contractors who carried out the work, or their own testimony.
If the estoppel defence was successful, this would prohibit any eviction from the property.
Here at MLS we are regularly instructed by landlords to advise on compliance and possession claims. If you have any questions please contact us on 01244 478 730 and we will be happy to help.
This article is for information purposes only and does not constitute legal advice. Please contact us on for advice.
Why do parents need a will?
- If you die without a will, a complex set of laws known as the intestacy rules come into effect. The intestacy rules are made for all those who have not made a will and unsurprisingly rarely reflect parent’s specific wishes.
- It’s not all about money: most importantly, making a will allows you to appoint legal guardians for your children.
- Not making a will could lead to uncertainty and financial worry for your family and dependents.
Making the will is the best way to ensure that your loved ones are taken care of and provided for as YOU wish.
Writing the best will for your children — what to consider in five easy steps.
- Appoint a guardian for your children
A legal guardian is a person who takes care of your children in the event you and your partner die. It is important to consider legal guardianship. If these plans aren’t outlined in a will, and both parents are deceased, the local authority or the courts will need to decide who should look after your children. While immediate family are often preferred, the process is not automatic. You may also not wish for your children to be looked after by your immediate family in any event.
NOTE: Choosing a godparent is not the same as choosing a guardian, as godparents have no legal rights. Guardianship will automatically end when your children reach the age of 18.
- Consider your child’s finances.
Unless the will says otherwise, the children will normally receive access to their assets at the age of 18. Many of our clients think that 18 is a bit too young an age to expect children to be financially responsible. With a will in place, they can set a higher age of inheritance such as 21 or even older.
NOTE: The assets will be held in trust and while the children will not be able to manage it personally, they will still be able to benefit from the inheritance.
- Appoint trustees for your child’s inheritance.
If you die before the age your children can inherit, their assets will need to be held in trust.
To manage that trust, you need to nominate people called trustees who, essentially, will stay in control of your children’s finances.
By having a will, you can nominate specific and trusted people to act as your trustees without having to rely on the “one size fits all” intestacy rules.
- Review beneficiaries from trusts, pensions or insurance.
If you have a life insurance policy, a pension scheme or other assets held in trust, these will not be passed down within your will.
If you want your children to inherit these financial products, you’ll need to contact each provider and nominate your children as your beneficiaries.
- Provide for your stepchildren or foster children.
If you have stepchildren or foster children, they will not automatically inherit from your estate unless you specifically include them in your will.*
- Bonus Point: schedule a will review
We advise reviewing your will at least every five years. This will allow you to step back and reflect whether people you’ve nominated to look after your children are still suitable, and whether your instructions still reflect your family’s situation. It is easy to change a will once you have one and at My Local Solicitor, we pride ourselves on building happy and strong relationship with our clients as we assist them in their life journey.
NOTE: circumstances can change at a blink of an eye and so it’s important to keep your will up to date to accommodate this. For example, if you marry or enter into a civil partnership, any existing will is automatically revoked.
This article is for information purposes only and does not constitute legal advice. Why not book a free consultation with your local solicitor today? Call us on 01244 478 730 or email firstname.lastname@example.org
Doctor Ivy Williams was a pioneer for women who joined the ranks of a male dominated profession on the 10th May 1922. It is remarkable that in nearly a hundred years since women were able to be called to the Bar in England and Wales, we still see women under-represented in the legal profession. Despite this passage of time, the Bar Standards Board Annual Report 2019/20 records that women only account for 39% of barristers and the retention rate for women 10-15 years call is far too low. I am sadden but not surprised.
Add the demands of family and child care to the day-to-day challenges of an unrelenting workload with long hours, too many open files and, often, a general lack of support and one can quickly see why. It is women who often take the strain. Balancing work-life with home-life in a competitive legal world which often goes far beyond the ‘9 til’ 5’ risks burn-out.
One hundred years later and we are doing “our bit” here at MLS by challenging status quo and disrupting legal sector with our new firm model. We bring our consultants relief through offering another way of working in the law. With a support and mentoring programme which prioritises our team, flexible working and 100% control, we can help them thrive in tandem with enjoying their homelife.
Like so many, solicitor Elen Hughes has needed to completely change the way she balances her home and work to meet the needs of both her clients and family over the past year. (more…)Read More
A recent survey carried out by the Law Society confirmed that a staggering 93% of those who have made a will had not included any digital assets in their will*.
What are digital assets
Digital assets are important and can include everything from your free email and social media accounts through to your cherished family photos and important online bank accounts.
Despite the huge impact that technology has had on our lives in the recent years, few people understand what happens to their digital assets upon their death or why it is important to include them in their will.
I already have a will do I need to make it digital.
Omitting digital assets from a will can leave family members unable to access online accounts or photos. Closure of the deceased’s social media accounts will also be very difficult.
Furthermore, not having a digital will can seriously complicate obtaining the information for probate purposes thus making the whole process more stressful, longer and ultimately more expensive.
What is a digital Will?
Digital will is a will which deals with both your physical and digital assets. A qualified a solicitor will be able to advise you how to best include both types of assets in your will and draft a legally binding document.
MLS’ tip to keep your digital Will up to date:
Keeping a clear record of online passwords ensures that your estate is inherited exactly as you wish, and your loved ones are not faced with any additional stresses during probate.
Does your Will reflect your lifestyle?
Here at My Local Solicitor, we are proud to be ahead of the curve and writing modern digital wills is what we do best. For more information, email email@example.com
*A Populus survey of more than 1,000 members of the public commissioned by the Law Society asked several questions about whether people had made a will. The survey took place in late June 2020.