Cohabiting is where unmarried couples, with or without children, live together in a domestic relationship, typically owning a property together.

This involves couples who have made the decision not to get married, who are planning to get married in the future or those who do not have the legal option to marry due to restrictions in their jurisdiction.

In a world where relationships come in various shapes and forms, Cohabiting has emerged as a prevalent lifestyle choice for many individuals.

In this article, the expert Family Law Solicitors at Eric Robinson take a look at why this is now more popular than ever, the benefits, negatives, legal rights and how you can create a Cohabitation Agreement. 

Trends and Statistics

Unmarried couples living together, whether with or without children, is the fastest growing family type in the UK. 

In 1996, it was reported that there were just 1.5 million cohabiting couples living in England in Wales. Compare that with 2020, where it was reported that number had increased by 137% to 3.5 million. 

The most recent data from the ONS cites that between 2011 and 2021, both opposite and same-sex cohabitation have increased 27.6% and 1.3% respectively. 

This trend is predicted to keep climbing. It is estimated that one in four couples will be cohabiting by the year 2031. 

Benefits of Cohabitation

So, why do couples end up cohabiting? Couples often end up cohabiting together for a number of reasons, some of these include: 

Financial Benefits

Couples may choose to do this together due to the financial benefits it brings, especially due to the current cost of living in the UK. 

By sharing living expenses such as rent or mortgage payments, utilities, food and other household essentials, couples can effectively mitigate the financial burdens associated with living alone.

Testing Relationships 

Cohabitation offers couples a great opportunity to assess their compatibility and suitability together before committing to marriage. 

When sharing a space with someone, you are immersed in each other’s lives, providing insights into each other’s habits and personalities. 

This first hand experience together can lead to an overall stronger relationship, as you can gain a better understanding of each other’s communication styles, conflict resolution strategies, and lifestyle preferences. 

Flexibility and Freedom

Cohabitation offers couples greater flexibility and freedom compared to marriage. It allows the individuals to maintain their independence and pursue individual interests while sharing a life with someone. 

As well as this, couples have the flexibility to tailor their relationship dynamics, living arrangements, and future plans according to their preferences and priorities.

Negatives of Cohabitation

Whilst there are benefits to cohabitation, it is important to remember and understand that there are also some negatives.

Lack of Legal Protection

The main disadvantage is that cohabiting couples do not have the same legal rights as married couples, or couples in a civil partnership.

While there is mounting pressure on the UK government to improve the legal protection of cohabiting, as it stands currently, it is vital for cohabiting couples to protect themselves in the event of a separation. 

Without an agreement in place, in the event of a relationship breaking down, there will be uncertainties regarding property ownership, financial support, and child custody arrangements. 

Creating an Agreement

A cohabitation agreement is a legally binding document that outlines the split of jointly owned assets, finances, property and child arrangements should a cohabiting couple decide to separate.

Currently if you do not have an agreement in place, there is not one piece of law that a separating couple can use to resolve property, financial or child disputes. 

What Can Be Included in a Cohabitation Agreement?

There are several different types of assets that can be included within a cohabitation agreement. Common assets that are often included in an agreement include:

• Ownership of property / deposits / share of the mortgage
• How household bills will be dealt with
• Bank accounts and finances
• Childcare 
• Pensions
• Jointly owned assets such as cars, furniture, jewellery etc
• Payment of any jointly accrued debts
• Pets

How Eric Robinson Solicitors Can Help

Eric Robinson Solicitors has an expert team of Cohabitation Solicitors that can help couples create and write a concrete cohabitation agreement, that will ensure that your assets are protected in the event of a separation, giving you peace of mind. 

We offer a free initial 30-minute consultation with one of our Family Law Solicitors, so make sure you contact your closest office today, either by phone or simply filling out our contact us form. 

We have solicitors offices in Southampton, Hedge End, Chandlers Ford, Winchester, Lymington and Richmond-Upon-Thames.

The Government has today (17 May 2023) announced plans to abolish no-fault evictions in England as part of its wide-ranging plans to reform the private rental sector.

The Renters’ Reform Bill has been introduced to Parliament after a four-year wait and is part of the Government’s 2019 manifesto commitment to empower renters to challenge poor landlords without fear of losing their homes.

The new legislation will make it illegal for landlords to evict tenants without reason. Also known as a Section 21 notice, the practice has been heavily criticised for preventing tenants from complaining about unsatisfactory conditions of properties and contributing to poor standards in the private rented sector.

The Bill is intended to make the private rental system fairer and improve standards. Housing Secretary Michael Gove said the Bill would ensure renters are “protected from the very small minority of rogue landlords who use the threat of no-fault eviction to silence tenants who want to complain about poor conditions”.

“Too many renters are living in damp, unsafe, cold homes, powerless to put things right, and with the threat of sudden eviction hanging over them,” he said.

“This government is determined to tackle these injustices by offering a new deal to those living in the private rented sector; one with quality, affordability and fairness at its heart.”

The Renters’ Reform Bill also makes it illegal for a landlord to refuse to rent properties to benefits claimants or families with children. Tenants will also be given the legal right to request a pet in their home, which a landlord must consider and cannot “unreasonably refuse”.

The new legislation will also:

• Apply the Decent Homes Standard to the private rented sector for the first time.
• Strengthen councils’ enforcement powers and introduce a new requirement for councils to report on enforcement activity to help target criminal landlords.
• Introduce a new Ombudsman to provide quicker and cheaper resolutions to tenancy disputes.
• Establish a new online property portal where landlords must demonstrate compliance with legal requirements.

Dubbed by some as ‘anti-landlord’, the Government maintains that the reforms will deliver a fairer system for both the 11 million tenants and 2 million landlords that currently make up the private rented sector in England.

The Government says that the new legislation will make it easier for landlords to recover properties when needed, for example, if they want to sell their property or when tenants wilfully do not pay rent.

Notice periods will also be reduced where tenants have been irresponsible, such as breaching their tenancy agreement or causing damage to the property.

The reforms will also strengthen powers to evict anti-social tenants, broadening the disruptive and harmful activities that can lead to eviction and making it quicker to evict a tenant acting anti-socially.

Ben Beadle, Chief Executive of the National Residential Landlords Association (NRLA), said: “We welcome the Government’s pledge to ensure landlords can swiftly recover properties from anti-social tenants and those failing to pay their rent. Plans to digitise court hearings will also improve the speed at which legitimate possession cases are processed.

“The NRLA will continue to work with the Government to ensure the detail of the Bill is fair for responsible landlords and tenants alike.”

Landlord and Tenant Lawyers

If you are a landlord and want more information on the Renters’ Reform Bill, please get in touch with Eric Robinson Solicitors today. We have many years’ experience offering advice to commercial and residential landlords and we will be able to help with whatever issues you may face.

To find out more about how we can help you, please call us on 02380 218000 to speak to one of the team.

This blog post is not intended to be taken as advice. Information could have changed since the article was published. If you are seeking legal advice, please get in touch with our team of solicitors to discuss your matter.

Disputes are an inevitable part of running a business. Partners, shareholders, directors, employees, clients, and suppliers can disagree on a wide range of subjects and for many different reasons. Dealing with such bumps in the road is very common and is something every business faces at some point in time.

However, if commercial disputes are not resolved speedily and satisfactorily, they have the potential to escalate quickly and can severely threaten a business’s operations and derail its future trajectory.

In this blog, our Commercial Disputes team considers some common causes of company disputes and looks at the main ways to avoid them.

What are Company Disputes?

Company disputes are disagreements that arise as a result of business activity.

There are two main types:

1. Corporate disputes are internal disagreements about how the business should be managed.
2. Commercial disputes result from your relationships with another party, such as suppliers and customers.

What are some examples of Corporate and Commercial Disputes?

Disagreements between parties can arise for many reasons and can vary in severity and complexity. Some of the most common forms of dispute include the following:

Internal Disputes. Disagreements between partners, directors and shareholders of a company are commonplace and usually arise because of personal differences or disagreements over decisions about a business’s direction. Internal disputes can be highly disruptive and severely threaten a business and its reputation.

Contract Disputes. Contracts are the glue that binds the operations of a business together. Most businesses need a range of contracts with a variety of parties, and they can take many different forms. Typical commercial contracts include employment contracts between employer and employee, contracts for different suppliers of goods and services, franchise agreements, agency and distributor contracts and banking and finance agreements.

However, contracts can easily cause a business to come unstuck. Issues can include parties disputing the terms of a contract, parties failing to stand by the terms of their original agreements, or contracts needing to be renegotiated and parties being unable to agree on certain terms.

Professional Negligence Claims. Professional negligence claims cover a broad range of disputes. They are made against any professional who has not fulfilled the obligations they were hired to provide by failing to perform to a reasonable standard and with reasonable care. Examples can include your company suffering from a data loss due to an IT provider’s errors or your business being faced with an unexpected tax bill because of inadequate financial advice.

How are Company Disputes Resolved?

A trip to court to resolve a business dispute is usually considered a last resort. Instead, it is far preferable to try to resolve any commercial disputes by using alternative dispute resolution (ADR). There are four main types of ADR in the UK, and all are generally considered cheaper and quicker than litigation, while also having the appeal of maintaining a company’s privacy.

The main types of ADR are:

• Negotiation. This is usually considered the first port of call for those looking to resolve a dispute and involves the parties attempting to negotiate a compromise or instructing dispute resolution specialists to negotiate on their behalf.
• Mediation. The role of a mediator is to act as a jointly instructed neutral party and help with the communication between the parties to achieve a resolution.
• Conciliation. This is a popular choice for employment disputes and is a compulsory process for employees seeking to bring a claim to the Employment Tribunal. A third-party conciliator is instructed to discuss the issues and offer their own opinion to help the parties reach an agreement.
• Arbitration. An arbitrator is a neutral third party and an expert in the field of disagreement who listens to both sides of an argument before coming to a final decision that is then legally binding.

What can you do to avoid Company Disputes?

Every commercial dispute is different, and each must be considered individually so that appropriate action can be taken.

However, there are some general points of good practice that every business owner can do that will help reduce the chances of disputes arising in the first place and protect a business should any disputes occur further down the line. These include:

1. Undertake due diligence before entering into new commercial relationships with suppliers and other parties.
2. Make sure all contracts are adequately drafted and include the correct terms. This applies to employment contracts with members of staff, commercial contracts with external suppliers and any other forms of contract that your business needs. Robust contracts that clearly state each party’s rights, responsibilities, and liabilities and that are legally enforceable, are the foundations on which every successful business stands. Contracts should be reviewed regularly and renegotiated if a situation is going to change.
3. Partnership agreements. If you are currently operating your business as a partnership or considering starting one, you should have a partnership agreement. A partnership agreement will set out the respective rights and responsibilities of the partners and will almost certainly help to settle business conflicts should they arise.
4. Be proactive. As soon as a problem arises, try to address it quickly and resolve it as soon as possible by the appropriate means. You should seek specialist legal advice immediately to ensure a situation doesn’t escalate and so that you know where you stand from the start.

For more information about commercial disputes, please click here to read our Top 10 Tips for Handling Business Disputes.

Company Commercial Dispute Resolution Lawyers

If you are a business owner involved in a dispute or are starting a new business and want to know more about what you can do to protect yourself from future disputes, please contact Eric Robinson Solicitors today.

At Eric Robinson Solicitors our specialist lawyers will explain all the options and help you explore the best one for your business. We will always give you the best practical and strategic advice to fit your needs.

To find out more about how we can help you, please call us on 02380 218000 to speak to one of the team.

This blog post is not intended to be taken as advice. Information could have changed since the article was published. If you are seeking legal advice, please get in touch with our team of solicitors to discuss your matter.

Landlords of commercial properties must make sure they are aware of and compliant with the changes to the Minimum Energy Efficiency Standards (MEES) and Energy Performance Certificates (EPC) that came into force at the start of this month.

From 1 April 2023, a landlord can no longer let or rent out a non-domestic private rented (PR) property if it does not have an EPC rating of at least E. This is a change to previous requirements and part of the UK government’s push to meet net zero by 2050.

In this blog, Eric Robinson’s team of specialist commercial property solicitors consider the recent changes and advise landlords of commercial properties on what they need to do to avoid falling foul of the new rules.

What are MEES and EPC?

MEES are regulations that outline the overall minimum energy efficiency rating a property must have before it can be let or sold.

An EPC is a rating given to properties to show how energy efficient they are. Landlords are required to get an EPC when a property is sold or rented out to a tenant, although there are some exceptions.

What are the changes?

Previously, landlords of commercial properties in England and Wales were prohibited from granting a new lease to a tenant unless the property had an EPC rating of E or higher. However, existing leases were not covered by the rules.

The new legislation that came into force on 1 April 2023 now takes this further. This now means that all commercial properties must have a minimum EPC rating of E, whether landlords are renting a property to a tenant on a new lease, or the property is let under an existing lease.

Are there any exemptions?

There is a temporary exemption of 6 months for new landlords to give them time to comply.

Certain other exemptions apply, and you can read a list of them on the UK Government website by clicking here.

However, exemptions are not automatic, and landlords must make sure they register them with the Private Rented Sector (PRS) Exemptions Register for them to apply.

What do landlords need to do?

It is a landlord’s responsibility to comply with MEES.

Landlords need to check the EPC rating of their commercial properties and ensure they are above E. Failure to comply with the new regulations means landlords will face financial penalties and risk being included on a public register of non-compliance.  

Commercial Property Legal Advice

If you are a commercial landlord and want some advice on the recent MEES changes and what they mean for you, please get in touch with Eric Robinson today. Our commercial property solicitors have extensive experience dealing with all aspects of commercial property and will be able to help with any issues you may face.

We pride ourselves on offering clear and practical advice and are here to support you with specialist advice and guidance to help you and your business.

Call us on 02380 218000 to speak to one of the team.

This blog post is not intended to be taken as advice; information could have changed since the article was published. If you are seeking legal advice, please get in touch with our team of solicitors to discuss your matter. 

Recent events have demonstrated that the Government’s draft Statutory Code on Dismissal and Re-Engagement is more necessary than ever as tales of poorly handled mass redundancies continue to hit the headlines.

Following a brutal set of tech company lays offs towards the end of 2022, 2023 has continued to see worldwide staff cuts from some of the biggest names in the industry, including Google, Microsoft, META, Twitter, Shopify, Salesforce and Zoom.  

The mass culling has resulted in tens of thousands of workers losing their jobs over the past few months, with various factors being blamed. The war in Ukraine and inflation have both been cited as reasons, as has the cost of living crisis along with an over-hiring culture during the Covid pandemic. These factors will inevitably result in mass unemployment over the coming months as companies manage those issues.

Whatever the rationale, the consensus across the board is how badly the communication with affected employees has been handled. 

Horror stories are growing on how workers found out they lost their jobs, from messages via LinkedIn to cold round-robin emails and auto shut-out of work tools and company systems. One worker only found out they lost their job when their key-card failed to let them in the building.

Currently, companies that operate in the UK need to follow redundancy procedures under UK law. The rules are governed by the Collective Consultation Process, which you can read more about in our helpful blog – What is The Collective Consultation Process?

Dismissal and Re-Engagement – New Statutory Code

The issue of how companies handle mass redundancies first came to light at the beginning of last year when P&O Ferries dismissed almost 800 members of their staff with immediate effect. The fallout from this sparked a furious debate surrounding employment law and the legality of this action.

You can read more about the P&O Ferries redundancies by clicking reading our useful blog – P&O Ferries’ Redundancies- What is the legality of mass redundancy?

On the back of this, the Government announced a new Statutory Code on dismissal and re-engagement (‘fire and rehire’) would be published. The plans aim to crack down on unscrupulous employers that use controversial dismissal tactics.

The draft Code outlines employers’ responsibilities when seeking to change contractual terms and conditions, including requiring businesses to “consult with employees in a fair and transparent way” when proposing changes to their employment terms. The Code sets out employers’ responsibilities when seeking to change employment terms and conditions, It requires employers to explore alternative options, without using the threat of dismissal to pressure employees to agree new terms.

Tribunal courts already have the power to apply an uplift or decrease of up to 25 per cent on employee compensation in certain circumstances and if an employer doesn’t follow the new code it is expected that the guideline may be extended to allow the same if Companies fail to actively consult.

A draft copy of the Code of Practice was published at the start of this year (on 24 January 2023), and the Government is consulting on it for 12 weeks until 18 April 2023. 

Business Secretary Grant Shapps said: “Using fire and rehire as a negotiation tactic is a quick-fire way to damage your reputation as a business. Our new code will crack down on firms mistreating employees and set out how they should behave when changing an employee’s contract.”

“We are determined to do all we can to protect and enhance workers’ rights across the country.”

Individuals or groups interested can participate in the consultation: Draft Code of Practice on dismissal and re-engagement.

Employment Law Solicitors 

If you are an employer and are concerned that you might need to make some of your workforce redundant, please don’t hesitate to contact one of our team. At Eric Robinson Solicitors, our highly experienced employment law team can advise employers faced with a redundancy situation to ensure they are following the proper and lawful processes.

Equally, if you are an employee who has been made redundant, but you believe that there was another reason for your dismissal or the correct procedures were not followed, we can advise you on whether you have an employment tribunal claim for unfair dismissal.

To discuss an employment law issue or dispute, don’t hesitate to get in touch with us today.

This blog post is not intended to be taken as advice; information could have changed since the article was published. If you are seeking legal advice, please get in touch with our team of solicitors to discuss your matter. 

Eric Robinson Solicitors are delighted to continue to support the law students at Brockehurst College. 　Over the last several years, the firm has provided careers advice, spoken in classes and even run a mock trial!

Eric Robinson Solicitors are delighted to continue to support the law students at Brockehurst College. 　Over the last several years, the firm has provided careers advice, spoken in classes and even run a mock trial!

Eric Robinson Solicitors are delighted to continue to support the law students at Brockehurst College. 　Over the last several years, the firm has provided careers advice, spoken in classes and even run a mock trial!

Eric Robinson Solicitors are delighted to continue to support the law students at Brockehurst College. 　Over the last several years, the firm has provided careers advice, spoken in classes and even run a mock trial!

Eric Robinson Solicitors are delighted to continue to support the law students at Brockehurst College. 　Over the last several years, the firm has provided careers advice, spoken in classes and even run a mock trial!