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Newsletter
Updates on legislation and our services.
The Flood and Water Act 2010
From October 1st 2010, the first part of the Flood and Water Management Act 2010 came into force which, once implemented, will have implications for anyone who wishes to connect to a public sewer in the future.
The Act has been amended after the government and water companies commissioned a number of studies and reports focusing on how best to respond to emergencies and to plan for the long-term management of water resources, following the extreme flooding in England and Wales in 2007. The Act aims to provide greater protection to homes and businesses in the event of future flooding due to adverse and extreme weather conditions caused by global warming.
The Act will have a direct effect on builders and developers as there will no longer be an automatic right to connect to a public sewer and the new law will require parties to enter into an adoption agreement before exercising the right to connect. The general advice is to contact the statutory undertaker at an early stage to start negotiating the adoption agreement and agree the details of the proposed connection.
Although there will be a gradual phasing in of the key provisions, builders and developers need to be prepared for the coming changes. Livingstons are experienced at negotiating the terms of sewer and road adoption agreements and can provide advice on all aspects of purchasing and developing sites for residential or commercial purposes. Please contact Kim Chambers or Graham Kilburn at Livingstons on 01229 585555.
The New Law - Lasting Powers Of Attorney
Livingstons can help clients make provision for their old age by preparing documentation which allows them to appoint others (often their children) to manage their affairs should they no longer be able to do so personally. Traditionally, this has been done by means of an Enduring Power of Attorney. However, from October 1st 2007 it will no longer be possible to create an EPA although EPAs made before this date will remain valid.
EPAs will be replaced by Lasting Powers of Attorney (LPA). An attorney acting under an LPA will have the same powers in respect of property as an attorney under an EPA. However, an LPA might also allow the attorney to make decisions regarding a far wider range of issues affecting the donor of the power. As the powers available to an attorney under an LPA can be extensive, the safeguards surrounding its operation are equally extensive. As a result, LPAs are more complex than EPAs and therefore more expensive both to set up and run. However, the cost of creating an LPA is insignificant when compared against the costs which can be incurred if no attorney is appointed and an individual becomes incapable of managing their own affairs.
Livingstons legal experts are available to help you. Contact Livingstons on 01229 585555
From April 6th 2007, as a landlord or letting agent, you must protect all new tenancy deposits in a government authorised scheme. If you fail to protect it you could end up paying the tenant three times the deposit.
For further information on this new legislation contact Kim Chambers on 01229 585555