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Renting Homes (Wales) Act 2016 – Rent increases.

By Danielle Pinocci-Hall

Renting a home is a crucial aspect of many individuals’ lives and changes in the law can have a significant impact on both tenants and landlords.

The Renting Homes (Wales) Act 2016’s most notable provision is the introduction of Occupation Contracts. From 1st December 2022, everyone who rents a home in Wales will have an Occupation Contract and be known as a Contract Holder, rather than a Tenant. Private Landlords in Wales can no longer use tenancy agreements when they let their properties and must use Standard Occupation Contracts instead.

The Renting Homes (Wales) Act 2016 has brought consequential changes to rent increase regulations in Wales. This landmark legislation aims to redefine the Welsh rental laws by emphasising Tenant protection, but also acknowledging a landlord’s interest.

At CJCH Solicitors we have recently assisted Money Saving Expert.com in their analysis of Rent Increases in Wales and provided legal insight into the ramifications of the new law. The article written by MoneySavingExpert.com can be found here:

https://www.moneysavingexpert.com/mortgages/rent-increase-tenant-rights-wales/

As you can see from the article, your rights as a tenant vary significantly depending on which Occupation Contract you have in place. We recognise at CJCH Solicitors that navigating the complexities of the new Renting Homes (Wales) Act can be a daunting task for both tenants and landlords alike.

We understand the challenges posed by this evolving law and we remain committed to providing a nuanced legal analysis of the Renting Homes (Wales) Act 2016. By acknowledging the complexities and sensitivities surrounding rent increase regulations, evictions, and notices, we strive to shed light on the intricate balance between tenant protection and landlord interests. As the Welsh rental market continues to evolve under the influence of this groundbreaking legislation, CJCH Solicitors and its dedicated team stand ready to provide invaluable legal insights and guidance for both tenants and landlords.

For support with Landlord and Tenant matters, speak to our team. Contacts here. 

Knowledge Sharing – Embracing Legal Technology for High-Street law firms

Luke Heydenrych – Director of Operations

As the world continues to move into an ever-evolving digital age, the integration of technology is a vital aspect of all industries, including the legal sector. Embracing new technology can be a daunting task. These are some learnings that may be of interest to others in the industry, specifically smaller, high-street firms which may be looking to integrate new technology into their business for the first time.

  1. Identify Your Firm’s Needs: Before diving into the world of legal tech, take the time to identify your firm’s specific pain points and requirements. Consider areas where technology can streamline processes, improve efficiency, and enhance client services. Is your firm struggling with document management, case management, or client communication? Understanding your needs will help you narrow down the options and make informed decisions.
  2. Research and Evaluate: Once you’ve identified your firm’s needs, conduct thorough research to explore the available legal tech solutions. Consider factors such as functionality, ease of use, compatibility with existing systems, and vendor reputation. Read reviews, seek recommendations from trusted sources, and attend legal technology conferences or seminars to stay updated on the latest trends and advancements. Remember, one size does not fit all.
  3. Start with Small Steps: When integrating new technology, it’s essential to start with small, manageable steps. Implementing a complete overhaul of your systems can be overwhelming and may disrupt day-to-day operations. Begin with a pilot project or select one area of your firm where technology can make an immediate impact. Gradual integration allows for a smoother transition and reduces resistance from staff members.
  4. Training and Education: Introducing new technology requires proper training and education for your team. Ensure that all staff members are familiar with the chosen technology and understand its benefits. Offer training sessions, workshops, or even online tutorials to help employees adapt to the new tools. Encourage open communication and address any concerns or questions raised by staff members.
  5. Data Security and Compliance: As the legal industry handles sensitive client information, data security and compliance are of paramount importance. Before implementing any technology, thoroughly assess its security features and data protection protocols. Ensure that the chosen solution complies with industry regulations, such as GDPR,  depending on your jurisdiction. Regularly update security measures and monitor potential vulnerabilities to safeguard client data.
  6. Measure Success and Adapt: After integrating legal technology, monitor its impact on your firm’s efficiency, productivity, and client satisfaction. Set specific metrics and key performance indicators (KPIs) to evaluate the effectiveness of the technology. Seek feedback from staff members and clients to gain insights into areas of improvement. If necessary, be willing to adapt and make changes to maximise the benefits of the technology.

High-street law firms can no longer afford to overlook the potential benefits of legal technology. By understanding their specific needs, conducting thorough research, starting small, providing proper training, ensuring data security, and measuring success, these firms can successfully integrate new technology into their business operations. Embracing legal tech not only enhances efficiency but also empowers firms to provide improved client services in an increasingly competitive landscape. It’s an ongoing process, so don’t think of it as a project with a start or an end, but more of a continuous part of how we do things now.

24 March 2020 – Update on Corona Virus status

As we posted recently the CJCH team will continue to support our clients where possible to do so, however, we have now closed our offices as per the guidelines regarding the Covid-19 (coronavirus) outbreak. Even though our offices are shut for the time being, for your health and safety and ours, we will continue to provide our services as far as possible if needed.

Our telephone lines are still open, and you can reach us at:

  1. Cardiff: 02920 483 181
  2. Barry: 01446 420 043
  3. Bridgend: 01656 457 466
  4. Blackwood: 01495 227 128

Our emergency 24-hour line: 07967 305 949

 

And you can reach our direct departments via our email contacts:

  1. Residential property, Wills, and Estates: privateclients@cjch.co.uk
  2. Family, Matrimonial, Divorce, and Childcare: family@cjch.co.uk
  3. Mental Health Law, Deprivation of Liberties, and Court of Protection: mentalhealth@cjch.co.uk
  4. Criminal Defence Law: criminal@cjch.co.uk
  5. Commercial Property, Litigation, Employment, and Corporate Law: commercial@cjch.co.uk
  6. General Enquiries: admin@cjch.co.uk

The CJCH team will continue to help all our clients across childcare, family, mental health, court of protection, deprivation of liberties, wills and estates, property, commercial, criminal defence, and intellectual property matters wherever physically possible to do so. Please don’t hesitate to contact us.

Stay safe all – CJCH Team

International Women’s Day – Celebrating the Women at CJCH

In support of International Women’s Day 2020, we interviewed Fuen, Allison, Sally and Rebecca from our Cardiff, Blackwood, Barry and Bridgend offices to talk about why it is important to celebrate International Women’s Day and how we can achieve gender equality in the legal profession.

Why is it important to celebrate International Women’s Day?

It is important to celebrate National Women’s Day to honour the achievements of women throughout history. We must celebrate the part they have played in minimising discrimination against women and increasing their access to rights enjoyed by men. But also to celebrate women of all backgrounds, ages and cultures coming together for one cause, to strengthen and empower women.

What woman inspires you the most?

A woman who inspired me was Princess Diana. Marrying into the Royal Family gave her a life of material luxury which she could have enjoyed without a care in the world. However, she took it upon herself to use her celebrity status to help as many people as possible. She raised awareness of humanitarian issues. She worked tired for charities and her selfless attitude can be summed up by one of her most famous quotes “Anywhere I see suffering, that is where I want to be doing what I can” She used her immense influence to shine a light on forgotten causes.

What can we do to achieve equality in the legal profession? 

Whilst we have undoubtedly made progress over the years, we are still not where we need to be. The three main things the legal profession should focus on is closing the gender pay gap, raising awareness of unconscious biases and making work more flexible around family obligations.

I think generally women need to support other women. Whilst this might be a cultural problem, employers definitely play their part. I’m glad that CJCH encourages a culture of female employees supporting and empowering each other.

Have you encountered any challenges as a woman in your career?

Yes, however, they are more than visible challenges. Most of them are not obvious and they have more to do with the way in which women are educated and the constrained expectations society has on us. For example, because of this subtle, often unnoticed sexism, women tend to second guess their own judgement, seek external validation or moderate their speech in professional settings. For example, saying “If I may…”, “maybe…”, “perhaps…” before interjecting in a conversation, which is observed less in male colleagues. On a personal note, I have reflected and worked on this, and I invite all women to not let this “invisible” sexism to undermine their true potential.

There are “visible” challenges society still must overcome in order to achieve real equality, one of the biggest being the impact of parenthood on women’s careers, compared to the small impact it usually has on men.

What does women’s empowerment mean to you?

To me, women’s empowerment means nonconformism with injustice and one’s capability to get rid of artificially imposed behaviours.

What do you think is the biggest issue today facing women in your profession?

Starting a family and striking a balance between children and work is challenging, although this is not limited to the legal profession.

There is pressure on returning to work to enable career progression. Although shared maternity/paternity is available, the perception is still that the mother should take the time off.

Ultimately, there is the added pressure that this will impact on career development and advancement.

On international women’s day, what is the most important message you want to send out to young women thinking about a career? (Or Career in Law)

I am fortunate enough to work in a firm where there is no gender bias, indeed we have an equal split of male and female senior partners, giving me the same opportunity to progress along with my male colleagues.

The historic misconception of gender imbalance has long since passed in most professions and regardless of your choice of profession, I would encourage women to pursue their chosen career and set aside any fears of being overlooked by men.

Breaking Down Misconceptions of Speaking to a Solicitor

Ask someone to name the first things that come to mind when they think of lawyers, they probably think: stuffy, unapproachable, and too expensive. Whilst we are not all like that (I promise!), it is understandably daunting to speak to a solicitor. Especially if it is the first time you need to.

The legal profession has made strides in recent years to shed this image of the stuffy Oxbridge-type lawyer. However, misconceptions remain. Rebecca May, Solicitor at CJCH breaks down these common misconceptions. If you have a legal matter or need legal advice, speak to a solicitor. We are experts in our field, will always try to get the best outcome for our client and we don’t bite – well, most of us don’t!

What are the main misconceptions you think clients have about speaking to a solicitor?

Many clients are understandably intimidated when approaching a solicitor. Usually for fear of not understanding the legal jargon that is often used.

Historically Solicitors were portrayed as unapproachable and pompous. Furthermore, it was often thought that their only intention was to charge extortionate fees for their works.

How do you make sure clients find you approachable?

Speaking to clients in plain English is key! I explain legal terminology as simplistically as possible. This helps ensure that the client understands the legal principles most pertinent to their matter.

Our friendly approach makes our client feel at ease and able to ask anything that they may otherwise think is a “stupid” question. To reinforce this point – there is no such thing as a stupid question!

What advice would you give to a client who wanted to pursue a case which you didn’t think they needed to?

The best advice is to think with your head and not with your heart to establish what the desired outcome is. Unfortunately, it is easy to let your emotions cloud your judgement.

The client will always receive an honest assessment of the viability of the case. Additionally, the client will receive a realistic indication of the cost and timescale so they can make a rational decision.

How does specialist advice from a solicitor provide value for money?

Paying for something intangible oftentimes seems difficult to understand. Important to remember, when paying a solicitor, you pay for the time and professional advice that is provided to you.

We endeavour to keep our charges as competitive as possible whilst ensuring that the best service is given to the client.

Many people think they can deal with their legal issues alone, what pitfalls can clients fall into without professional legal advice?

While it can seem attractive to carry out the work yourself this is inadvisable. Overlooked legal intricacies by someone unqualified can cause unnecessary costs down the line. For example, you would see a dentist if you had a toothache and would rely on their professional knowledge & expertise – the same standard applies to legal matters, too.

Moreover, many people increasingly look to the internet to answer legal questions. Whilst that is helpful to get a preliminary understanding of an issue, it is not an adequate substitution for any professional service you may require.

How we can help:

CJCH is an award-winning firm with over 35 years’ experience in personal and business legal matters. For more information, get in touch with a qualified member of our team today.

Telephone: 0333 231 6405

Email: admin@cjch.co.uk

Supporting SMEs with Legal Issues

Running a business is in equal parts exciting and daunting. It involves complex legal issues which are overwhelming without the proper legal advice. CJCH’s commercial solicitor, Gareth Thompson, discusses the most common issues faced by SMEs and the value a commercial solicitor brings to a business.

How do you support businesses that are just getting started?

It is important to ensure incipient businesses have all the relevant documents in place to begin trading. This will vary from business to business but will usually include employment contracts, insurance, due diligence and risk assessment. Finally, it is crucial that the business takes steps to protect its intellectual property, which may not be at the forefront of the owner’s mind.

How can a business solicitor help an SME choose the right business structure?

This will depend on the needs of the business owner. Each business structure has its own strength, seeking legal advice will help you choose the right one. The most commonly chosen business structures are as follows:

  • Sole Trader
  • Partnership
  • Limited Liability Partnership (LLP)
  • Limited Liability Company (Ltd)

What are the most common legal issues SMEs face and how can solicitors help business owners avoid them?

The initial issues faced by SMEs usually revolve around setting up employment contracts and drafting articles of association. Whilst it might be attractive to business owners to use standard templates for these documents, there is a real risk that they do not suitably protect your business interests. This might lead to costs for the business later. Consulting a solicitor in the first instance mitigates this risk.

How can SMEs ensure that they are GDPR compliant? Why is this important?

Ensure that staff are appropriately trained and appoint someone as GDPR liaison within the company. Compliance is crucial as the Information Commissioners Office can issue large fines for companies in breach.

What are your top tips for someone looking to start their own business?

Get contracts written! Get insurance! Protect your Intellectual Property! Continue to seek legal advice from a commercial solicitor as the business matures.

How can we help?

The CJCH commercial team’s services span the full spectrum of corporate and commercial requirements. From startups to SMEs & large organisations, we provide legal support and advice to leverage opportunities and minimise risks to your business.

Get in touch via:

Telephone: 0333 231 6405

Email: commercial@cjch.co.uk

Leaving a Gift to a Charity in Your Will

 

Today is International Charity Day. It is an opportunity to reflect and contribute to the incredible work that charities do around the world. Leaving a gift to a charity in your will is a great way to leave a legacy that benefits the most vulnerable in society. In addition, it benefits the beneficiaries of your will.

Alexis Thomas, a Chartered Legal Executive in CJCH’s Wills & Probate team, outlines the benefits of leaving a gift to a charity in your will, how to ensure the gift is not legally challenged and how to ensure the gift you leave is used in a way that aligns with your wishes.

Benefits of leaving a gift to a charity

Leaving a gift to a charity in your will is an excellent way of supporting a cause dear to you. Most charities will rely on donations to carry out their work so this is a great way of contributing to your charity’s long-term vitality. In addition, a gift in your will to a charity will not count towards the total value of the estate and the gift will pass tax-free. If the value of the gift is 10%, or more, of the total taxable estate, this gift will also reduce the amount of IHT payable from 40% to 36%.

The different types of gift you can leave

You can leave any type of gift to a charity. This ranges from a specific sum of money, items of personal value such as jewellery or even a % of your estate. You do not have to contact the charity in your lifetime, your executor will inform the charity that you have left them a gift in your will.

Specifying how the charity uses the gift

You can express in a wish how you expect the money to be used. However, the testator should discuss their wishes with the charity first, as the charity may refuse the gift if it cannot comply with the testator’s wishes. The wish is not binding, but charities will usually seek to carry out the specified request.

If your gift is challenged and how to avoid it

Firstly, always seek legal advice! This is so important. The courts place more weight on a moral obligation to a family, which outweighs any commitment to charities. If the gift is successfully challenged, then the gift could fail. Regular communication from the solicitor goes a long way in ensuring that this does not happen.

Donating outside of the UK

Donations outside of the UK are different than domestic donations. Exemptions from inheritance tax only apply to gifts to charities in the UK, EU member states (plus Norway, Lichtenstein, Iceland). Of course, this may change due to the uncertainty surrounding Brexit. Furthermore, donations outside of the UK do not benefit from Gift Aid as Gift Aid enables the charities to reclaim an extra 25% in tax on each donation made by a UK taxpayer.

How can a solicitor help you leave a gift to a charity in your will?

A solicitor ensures your Will is written correctly. This gives you the peace of mind the gift will succeed. The full details of the charity (charity number etc) are included so that the charity receives the gift. Incorrect information may cause the gift to fail.

How can we help:

It is never too late or too early to start thinking about your future. For more information on writing your will and leaving a gift to charity, speak to an experienced member of our team today.

Contact us:

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

Communicating with Clients and Cutting through Legal Jargon

Communicating effectively with clients is essential for a productive client-solicitor relationship. Solicitors must take care to ensure that communication with clients is clear and tailored. It is important clients get the first-rate service they paid for. Our trainee solicitor, Amy Palin, sat down to discuss how she cuts through legal jargon and tailors advice so that both client and solicitor are always on the same page.

How do you help your clients understand their case when it comes to more complicated aspects and legal jargon?

I always try to simplify everything without patronising the client. It’s easy to get into the habit of using legal jargon with colleagues in the office, but when speaking to the client take care to explain the matter in plain language. I try to find examples that are more likely to stick in their mind, so that the client feels they know how their matter is being handled. Finally, I encourage the client to ask questions and create an environment where they feel comfortable doing so.

Every client is unique, how do you approach tailoring your advice to make sure their individual needs are met?

When taking instructions, I always start with an open discussion as to how the needs of the client can be met. This broadens the scope of the discussion and might reveal other concerns they may have. Ultimately, by getting to know the client and their concerns it means we can work out what the client needs. This is the best way to deliver a satisfactory conclusion to their matter.

Do you do anything aside from the usual emails and face to face meetings to communicate with clients?

At CJCH we try to accommodate our clients as best as we can. For our clients based overseas we can arrange Skype/conference calls. Furthermore, our diverse team speaks over 22 languages, which means we can usually deal with any translations for clients in-house rather than relying on an outside interpreter for communicating.

What are the benefits of clients feeling that they can ask a solicitor questions and then actually doing so?

When a client asks questions, they will have a better understanding of their matter. Additionally, it is good for the client-solicitor relationship if the client does not feel removed from the details & complexities of the process, they will likely be more satisfied with the service. Furthermore, clients asking questions forces me to challenge the way I respond and shows me areas where I might improve to provide clients a better service in future.

What tips would you give to clients when it comes to having open communication with a solicitor?

Ask questions! Always tell your solicitor if what they are saying does not make sense. Doing this at the outset will usually make the matter proceed more smoothly and efficiently. It is also the best way for law firms and solicitors to develop and make progress as to the best ways to meet clients’ needs.

How can we help:

CJCH is committed to providing expert, clear and tailored advice on a wide range of personal and business law matters. Speak to a qualified member of our team today. Get in touch via:

Telephone: 0333 231 6405

Email: admin@cjch.co.uk

CJCH Solicitors – Wales Legal Awards Finalist for Corporate and Social Responsibility segment

The team here at CJCH Solicitors were beaming recently when we learned of our firm being named a finalist in the Legal and Financial category of a leading local awards initiative. Our excitement has more than doubled when it was recently announced that our firm had also been listed as a finalist in the newly established Wales Legal Awards in the category of Corporate and Social Responsibility Programme of the year.

Our CSR initiative is lead by our senior partner, Jacqui Seal, together with a team of our staff. In 2018, our programme included on-going support for main charity, Y Bont school for children living with disabilities, who we partner with to support their events, conduct fundraising initiatives on their behalf and generally offer our support where we can.

Other initiatives we have taken on in 2018 have included:

  • Developing a campaign to raise £3000 to donate to Huggard centre for the homeless.
  • Exceeding our 2017 milestone by raising over £2000 on behalf of Will Aid charity when our private client solicitor team donated their time to provide Will drafting services to the public in exchange for donations to the charity.
  • Donating time and support to the Recovery Cymru initiative. 
  • We also worked with family and lifestyle blogger, Cardiff Mummy Says, to provide legal insights and awareness for various family-related matters over the last year.

We are proud to be representing this category of the awards, as the ethos of the CJCH legal practice is to always give back to the communities in which we provide services.