Personal Injury Claims: How Our Law Firm Can Help You Seek Justice and Compensation
Personal Injury Claims: How Our Law Firm Can Help You Seek Justice and Compensation
Suffering a personal injury can be a life-altering event, leaving you with physical pain, emotional distress, and financial burdens. At Chan Neill Solicitors, we understand the challenges you face and provide legal support to help you navigate the complexities of personal injury claims. In this article, we will explore 5 main steps to obtaining the compensation you deserve.
Comprehensive Legal Guidance
Our experienced team of personal injury solicitors are well-versed in the complexity of personal injury law. We will carefully evaluate your case, analyse the evidence, and provide you with an honest assessment of your legal options. With our guidance, you will be given options on how to proceed with the case.
Investigation and Gathering Evidence
To build a strong personal injury case, it is crucial to gather evidence. Our dedicated legal team will conduct a thorough investigation, collecting medical records, accident reports, witness statements, and any other relevant evidence. We will diligently work to establish liability and prove the extent of your damages.
Negotiating with Insurance Companies
Dealing with insurance companies can be a daunting task. Our skilled solicitors will handle all communication and negotiations on your behalf, ensuring your rights are protected and you will receive fair compensation. We will advocate for your best interests and fight against any attempts to undervalue or deny your claim.
Expertise in Litigation
We strive to achieve favourable settlements through negotiation. We will evaluate and if necessary, we prepare to take your case to court. Our solicitors possess the skills and experience needed to effectively present your case before a judge. We will tirelessly support for your rights and fight for the maximum compensation you deserve.
Maximising Compensation
We understand the financial impact an injury can have on your life. Our team will work diligently to accurately calculate your damages, including medical expenses, lost wages, rehabilitation costs, pain and suffering, and future financial implications. We are committed to maximising your compensation to help you rebuild your life and secure your future.
At Chan Neill Solicitors, we believe every personal injury victim deserves justice and fair compensation for their losses. Our law firm provides comprehensive legal assistance, guiding you through the personal injury claims process, and fighting relentlessly on your behalf. If you or your loved one has suffered a personal injury, contact our team today for a confidential consultation. Let us help you navigate the legal procedure, seek the justice you deserve, and rebuild your life after a personal injury.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified personal injury solicitor at Chan Neill Solicitors for specific guidance regarding your case.
What Is Pre-nuptial Agreements?
A pre-nuptial agreement (“Pre-nup”) is a legal agreement made between two parties before they get married. Usually, the agreement specifies how the couple wish to split their assets in the event of separation or divorce.
You can also use a Pre-nup if you are planning to enter into civil partnership – although they are often referred to as pre-registration agreements.
Should you get a Pre-nup?
It is very common to think that a Pre-nup is just for wealthy people, such as business people or celebrities who wish to protect their assets. Such an agreement can make sense when one half of the couple has significantly more assets than the other, he/she stands to lose more than the other in an equal split divorce settlement.
However, in the case where neither of the couple have significant fortunes before getting married, they could still wish for a Pre-nup if either / both of them is / are expecting significant further earnings.
Furthermore, should you anticipate receiving gifts of large value (for example, a property gifted by your parents) or there is an inheritance to protect before the marriage, it may be a good idea to consider making a Pre-nup.
Is Pre-nup binding in the UK?
Short answer, no.
Pre-nup is not legally binding, which means that in an application for financial remedy, the court would have absolute discretion ( based on needs and contribution to the marriage ) to decide how to distribute the parties’ assets regardless of the contents of the Pre-nup.
However, if the agreement has been properly drafted, the court will give appropriate weight to it and the parties intentions when assessing an application for financial remedy. If a Pre-nup is drafted properly and no details of assets are left out by either party, it is often the case the court will accept all the terms of the Pre-nup that the party agreed to. To be more precise, the court is more likely to uphold a Pre-nup that is freely entered into by both parties with a full appreciation of its implications and all assets and monies are listed fairly.
Pros of a Pre-nup
It is quite self-explanatory that one of the biggest pros of getting a Prenup is to protect your assets that you have now or will have in the future.
Furthermore, in the case that your partner has significant debts (or likely to incur significant debt in the future), a Pre-nup could be used to protect your assets from being used to satisfy those debts.
It would incur some legal fees for solicitors to draft and advise on a Pre-nup. However, in an unfortunate and unpleasant divorce, a Pre-nup could save you significant stress and further expense, if both parties adhere to the terms of the prenup, during separation and divorce.
In addition, it could be you have concerns that your partner may be marrying you due to your wealth. If your partner agrees to enter into a Prenup with you that leaves you both with fair and reasonable financial terms, this may actually it ease your mind and strengthen the bonds of trust as you enter marriage.
Cons of a Pre-nup
As mentioned above, it is not legally binding, but persuasive to a court.
Also, trying to negotiate the terms of a Pre-nup may be awkward with your partner. It may be something they are unwilling to discuss or enter. It is always best to be open about the reasons for suggesting same. This may still cause a barrier between you.
Additionally, it could be the case that it is the parents of the economically stronger party pushing the couple into making a Pre-nup. A Pre-nup can end up reflecting the parents' wishes rather than the couple's wishes. In this regard, the behaviour that amounts to duress and undue influence may result in little (or no) weight being placed on the Pre-nup in any future financial remedy proceedings. To safe guard against this risk, usually both parties should have separate lawyers representing them.
The future of Pre-nup
On 27 February 2014, the Law Commission published a report recommending the introduction of qualifying nuptial agreements that will limit the court's powers to make financial orders on divorce or dissolution. The court would be prevented from making orders inconsistent with the terms of a qualifying nuptial agreement unless in exceptional circumstance.
To be a qualifying nuptial agreement, an agreement must meet the following criteria:
- It must be contractually valid;
- It must be validly executed as a deed and contain a "relevant statement";
- It must not have been made within the 28 days immediately before the wedding or civil partnership ceremony;
- Both parties to the agreement must have received disclosure of material information about the other party's situation when they entered into the agreement; and
- Both parties must have received legal advice at the time they entered into the agreement.
This is a recommendation to the judiciary, but the intention is clear that unless the Pre-nup is unreasonable and unfair to one of the parties that entered it, the court should be persuaded that these terms agreed to are sanctioned.
Please contact our experienced family law team if you have any questions about pre-nuptial agreements or matrimonial-related enquiries. Our team speak several languages beside English including Mandarin Chinese, Cantonese, Portuguese, Russian, Gujarati and Korean.
How Can A Leaseholder Extend Their Lease?
There are two ways that a Leaseholder (Tenant) can extend their lease:
1) Privately Agreed (Informal) Route
2) Statutory (Formal) Route
Private (Informal) Route
The Tenant could approach their Freeholder (Landlord) to request whether the Landlord would be agreeable to negotiate a lease extension. Although this private route could save time and money however, there is no obligation on the Landlord to respond or agree to extend the lease.
If in the unfortunate events that the negotiation discussion between the Landlord and Tenant come to an end without any successful conclusion then the Tenant could consider whether they are able to extend the lease under the Statutory Route.
It is important to note that privately agreed lease extension requires lender’s permission. Therefore, if there is a mortgage registered on the Tenant’s property then the Tenant must obtain the lender’s consent.
Statutory (Formal) Route
A Tenant can apply to extend their Lease by the Statutory Route provided that the Tenant is eligible (such as owned a long lease for the past two years).
The Tenant would need to ensure that they have their finances in place in order to commence the Statutory Route. This is because the Tenant would need to pay for the following:
- Surveyor’s fees to value to a new lease and negotiations etc
- a premium to the Landlord to extend the Lease (once a premium has been agreed)
- Once the Tenant serves a notice to request for a new lease then the Tenant will be liable for the Landlord’s costs
- Landlord’s fees to extend lease
- Solicitors costs etc
The Statutory Route has strict timelines that the Tenant must comply with. If the Tenant fails to comply with the timescales then unfortunately the Tenant would have to wait 12 months before starting the Statutory Route again. There is no requirement for lenders consent under the statutory lease extension route.
Terms of the New Lease
Under the Statutory Rules, the Terms of the New Lease are as follows:
- Peppercorn ground rent (£0 ground rent) for the whole of the term
- 90 years extension plus the length of time left on the current lease
- Terms must be the same except for minor modification and exclusions allowed by law.
- Premium payable for the new lease
S42 Notice – Tenant’s request for a new lease
Before a Tenant can serve a S42 notice, the Tenant would need to identify who the competent Landlord is. The Tenant should apply to the Land Registry to find out who owns the Freehold Property and check who they pay their service charges and ground rent to.
If a Tenant pays ground rent and or services charges to a management company then all parties (Landlord and Management Company as well as any other relevant person) should be served with a copy of the S42 Notice.
The S42 Notice must contain certain information in order for it to be valid. The Tenant must give the Landlord at least two months to give their counter-notice.
The Tenant should ensure that the S42 notice is protected by way of registration against the competent Landlord’s Title and also of any intermediate Landlord. Failing to protect the initial notice will not bind a purchase of any reversionary interest in the property and therefore, the Tenant will have to start the process again.
S45 Notice – Landlord’s Counter Notice
The Landlord must serve their counter-notice within the 2 months period. The Counter-notice must state one of the following:
- Agree to the Tenant’s right to a new lease and accept the terms and proposed or propose different terms
- Reject to the Tenant’s right to a new lease and explain their reason for this.It would then be up to the Court to decide whether the Tenant has the right
- Claim that the Landlord has the right to redevelop the land (appliable only in certain circumstances)
If the Landlord has served a Counter-notice then it would be down to the parties surveyors to negotiate on a premium. If in the unfortunate event that an premium cannot be agreed after the first two moths of negations, then both parties can apply to the Tribunal for an independent decision to be made. The application must be made within 6 months from the Landlord’s counter-notice.
Once a premium has been agreed then the parties legal representatives can negotiate on the terms of the lease. There are strict timelines on when the new lease terms must be agreed and when a claim must be made to the Tribunal.
In the event that the Landlord fails to serve a counter-notice, then the Tenant has the right to apply to the Court to seek an order for the grant of the new lease (on the terms as set out in the S42 Notice). This application must be made within 6 month from the date in which the counter-notice was required to be served.
If you are thinking of extending your lease or have any queries, please contact us. Our experienced property solicitors and litigation team have dealt with different types of lease extension.
Is Your Tenant In Rent Arrears?
Occasionally Landlords will have Tenants who complies with the terms of the tenancy agreement and pay the rent on time with no issues.
However, in the unfortunate event that a Landlord has to deal with a Tenant who defaults on the rent payments then the Landlord may wish to consider the options available to them. Whilst Landlords tend to own the property that they rent out a Landlord cannot simply kick the Tenant out, there is a process that the Landlord need to follow.
Enter in to Negotiation discussions with the Tenant
A Landlord should try and speak to their Tenant if the Tenant is in breach of any of the terms of the tenancy. Any verbal communication should be followed up in writing to ensure that there was no misunderstand.
If the Tenant is in rental arrears then the Landlord may consider whether they would be agreeable to a repayment plan or seek the Tenant’s consent to deduct the outstanding rent from any deposit that is being held in a deposit scheme. Sometimes communication with Tenants does not always work and therefore, this would leave the Landlord with the only option but to issue court proceedings to regain possession of the property.
Monetary Claim
The Landlord could issue a money claim against the Tenant for the rental arrears. There are set proceedings that the Landlord must follow i.e. complying with the pre-action protocol and sending a letter before action.
If the Tenant fails to respond to the letter before action then the Landlord can then issue a monetary claim against the Tenant.
Eviction Claim
There is a 3 stage process to eviction claims for both Section 8 (breach of tenancy) and S21 Route (possession and money judgment / possession only) which are set out below:
Section 8 Route - breach of terms of the tenancy
- Notice
Where a Tenant is in breach of the terms of the Tenancy or in rental arrears then the Landlord can prepare a Section 8 Notice giving the Tenant a certain length of time to rectify that breach.
- Issue Court Proceedings
If the tenant fails to pay the arrears or rectify the breach then the Landlord can issue possession proceedings.
The Landlord have the option to issue proceedings online via possession claims online if the breach is only in relation to rent arrears. There is a court fee of £355. The court will issue the claim and if the Landlord has provided the Tenants address within the claim form then the Court will serve the claim on the Tenants. The Tenant will have 14 days to respond to the claim. The Court will also list the matter down for a hearing.
Section 21 Route - no fault possession
- Notice
Landlord must give the Tenant at least 2 months’ notice to vacate. This route has become stricter in a sense that there are a number of obligations on a Landlord that must be fulfilled in order to use this route.
- Issue proceedings
There are two options which a Landlord could take which are as follows:
- Standard Route: The process is similar to issuing proceedings under the Section 8 route as a hearing date will be listed. A Landlord can use this route for possession and also a monetary judgment for the rental arrears.
- Accelerated Proceedings Route: this route can only be used if the tenancy agreement is in writing and all the Landlord's requirements are fulfilled (i.e protecting deposit, serving EPC certificate, served Gas Safety, How to rent booklet on the Tenant). The Accelerated Route is only available for possession only. This means that the Accelerated Route cannot be used if the Landlord wants to seek possession and also a monetary judgment for the rental arrears.
- Instruct Bailiffs
Once an Order for Possession has been granted (regardless whether it has been made under the Section 8 Route or the Section 21 Route), the Landlord can instruct County Court Bailiffs or apply to the County Court to obtain permission to instruct High Court Enforcement Officers. The Bailiffs will then arrange an appointment date to attend the property to lawfully evict the Tenant.
If you are dealing with a "difficult" tenant or facing rent arrears, please contact our experienced litigation team.
What Is Available Financial Resource In Divorce?
The starting point in every case must be to establish the financial positions of the parties (ie. what are the assets and liabilities of the parties). The court will then decide how the available resources should be allocated fairly and achieve a fair outcome.
In order for the court to determine how the available resources should be distributed to the parties fairly, considerations are given to statutory factors stated in Section 25 of the Matrimonial Causes Act 1973. These are also called “section 25 factors”.
The court will also consider some extra-statutory factors: needs, compensation and sharing (Miller v Miller; McFarlane v McFarlane 2006).
What are the Section 25 Factors?
The court will have to take into account of all the circumstances of a case, first consideration has to be given to welfare of any children under 18 years old, and the following factors: -
- Parties’ income and earning capacity, capital, property and financial resources
- Parties’ financial needs
- Parties’ standard of living during marriage
- Parties’ ages and length of marriage
- Any physical or mental disabilities
- Financial and domestic contributions each party made during the marriage
- Any conduct which will be unfair for the court to ignore.
Income and earning capacity, capital, property and financial resources
The court will take into account the parties’ income from all sources. Their respective actual earning will be the starting point.
The court will also consider parties’ potential earning.
The court will consider parties’ skills, age, and time out of work etc.
Earning Capacity maybe significant In determining who occupy the family matrimonial home.
Hearings
First Hearing/“First appointment” –
Depending on local court practice this will may be used as a first opportunity by the District Judge to address issues and encourage the parties to negotiate.
Procedural matters are dealt with and directions are given by the Judge about the future conduct of the case. The Judge will effectively endorse a timetable agreed by both parties leading up to the next hearing. Typical provision will include a timetable for parties (i) to exchange their questionnaires, which give parties a one-off chance to raise queries against each other’s Form E, (ii) provide certain disclosures; and (iii) a timetable for the next hearing.
In the first appointment, the only people present will be the Judge, the parties and their legal representatives.
Second Hearing/Financial Dispute Resolution Appointment –
The “FDR” is usually listed about 2 months after the First Appointment. By that time both parties should have available all the relevant facts and documents, if directions set out by the Judge in the first appointment are follow strictly. If not, the parties would get a chance to raise these issues with the Judge in the FDR.
The FDR will be led by the District Judge with a view to encouraging the parties to reach a settlement on a without prejudice basis.
Without Prejudice offers will usually have been made on both sides and these will be considered by the Judge and each of the legal representatives will explain their respective positions.
Each Judge has their own way of conducting the FDR. However, the Judge is likely to give a view as to which arguments are likely to find favour and may indicate what kind of order he or she would make if hearing the matter. The parties and their lawyers are then invited to leave the Judge’s room in order to negotiate.
If agreement is reached, the District Judge may make an order there and then but it is quite usual for the matter to be adjourned so the order can be drafted by your solicitor back at the office, approved by the other side and then sent to the Court for approval. If the matter is not agreed, the Judge will make any further directions required and set the case down for a final hearing.
Final Hearing - If the parties are still not in agreement, the matter is listed for a final hearing. This is a much longer hearing, again heard in private, although it may take place either in the Judge’s room or in a Court room.
A very straightforward case might be set down for half a day. A longer case will take up a whole day or even a week. The Judge who dealt with the FDR cannot deal with the final hearing because he/she will be aware of the without prejudice offers which cannot be disclosed to the trial Judge.
At the start of the case, the solicitor or barrister for the Applicant will make an opening speech explaining what the case is about.
Each of the parties and any witnesses then give evidence, according to the timetable set/agreed in the previous hearing or in a Pre-Trial review hearing for more complicated cases, and are cross-examined.
The usual timetable for a final hearing is as follows : the Applicant going first followed by his/her witnesses and the Respondent and his/her witnesses giving evidence second. The lawyers each make a closing speech.
The Judge will then give his or her Judgement and make whatever order he/she considers appropriate. After the order has been made there will be more arguments presented on the question of costs and a costs order may be made.
If you have any enquiries about divorce, please contact our highly experienced family law team.
What buyers need to do after completion?
After picking up your keys and unpacking all your belongings, you’re probably thinking about all the little jobs you have to do now you’ve moved into your new home. Below are a number of tasks which we would recommend you deal with promptly.
Buildings insurance
It is likely to have been a requirement of your mortgage lender (if you have a mortgage) that you would take out building’s insurance on exchange of Contracts. It is therefore vital that you ensure buildings insurance cover is in place on completion. Even if you don’t have a mortgage, buildings insurance is still important as it will cover the costs of repairing damage to the structure of the property.
Meter readings
Unexpected energy costs are the last thing anyone needs just after moving into their new property. As such, it is important to take meter readings on the day you move in to ensure you’re only charged for the energy you use from the date you moved in, and that you’re not being charged for energy usage of the previous owner. If you are unsure, always check with your energy provider how to upload your meter readings.
Updating your address
Although it can be time consuming, updating your address as soon as possible is always best practice. Ensure you update your address anywhere this is held on file, be that your driving license, dental surgery, or any mail services you’re subscribed to.
Your Local Council
It is worth checking the website for your Local Council, as most have a helpful page confirming how you pay council tax, as well as other useful information such as the bin collection days for the property.
Utilities
You will also need to let the properties service providers know that you have moved in, so they are able to update their records. You will need to contact the suppliers of your gas, electricity and water and also contact a broadband provider as soon as possible, as it can take a number of weeks for internet service providers to visit the property to set up your internet, so the sooner you arrange this the better. If you intend on watching television, you will also need to purchase a TV Licence. This can be done online on the TV Licensing website.
Ground Rent/Service Charge
If you have purchased a Leasehold property, you should have been advised prior to completion of any requirements to pay ground rent and/or service charge. On completion, your solicitor will serve notice on the relevant parties to inform them you will be moving into the property. They will then likely be in touch shortly after completion to confirm the sums payable and where they are due to be paid. If you have not heard anything in relation to Service Charge/Ground Rent shortly after moving in, it may be worth double checking with your solicitor that the relevant notice has been served.
Chan Neill property solicitors understand that buying or selling a property can be a stressful time. Our team is well experienced and have stringent protocols in place to streamline the entire process efficiently, providing our clients with peace of mind. Across our team, we speak many languages including Mandarin and Cantonese, Gujarati, Russian, Portuguese, Korean and Spanish.
Chan Neill Solicitors is accredited under the The Law Society’s Conveyancing Scheme Qualification (CQS), which provides a recognition of our residential conveyancing standard and quality and is officially recognised by a range of mortgage lenders which grant us access to their residential mortgage lender panels.
If you have any enquiries regarding residential properties, commercial properties, buying or selling a property or properties owned by a limited company, please contact us. With access to our solicitors at two locations, one in City and one in Mayfair, we cover a very broad spectrum of varying clients needs.
Border Force Seizures
On occasion, packages are seized by either HMRC or Border Force when bring imported or exported across the UK border. This can occur for a variety of reasons. (i.e. the wrong tax or duties being paid, incorrect or missing paperwork such as licences-, prohibited items being included in the shipment, suspicion that the items in question may be the proceeds of crime).
Border Force officer may stop you when you pass through the green channel at airport. They are entitled to carry out baggage checks in front of you. You must declare to customs if you bring:
- Anything over your duty-free allowance
- Banned or restricted goods in the UK
- Goods that you plan to sell
- More than £10,000.00 (or its equivalent) in cash, if you are coming from outside the EU
Notice of Seizure of Goods
If you receive a Notice of Seizure of Goods from the Border Force, this means that items that you have tried to import or export haver been confiscated by the body in question. The communication will include the contact details of whichever organisation currently has your belongings in their possession, and will inform you of what to do next if your package has been seized by customs.
Border Force Restoration Policy
The Border Force restoration policy is a set of rules, stating that if Border Force has seized goods that belong to you, you can apply to have those item restored. You will need to submit a Restoration Request or Notice of Claim in 30 days after the seizures.
Border Force will consider all requests for the return of seized items, and will take into account all information that you provide to support your claim. However, if the items they have confiscated are prohibited or related to any crime – including tax evasion or smuggling – it is highly unlikely that they will be returned.
If you receive a Border Force warning letter (Notice 12A), the best first step is to seek legal advice. You should then contact the authority that currently holds your items as soon as possible, as Border Force expect to receive a Restoration Request or a Notice of Claim within a month.
Border Force usually start destroying perishable items such as alcohol and tobacco products after 45 days, so it is important to ensure that your claim is sent well before this time.
Border Force and HMRC
Border Force may pass your matter to HMRC if there is reasonable suspicion that is proceeds of crime related.
To request the return of seized items from HMRC, you will have to appeal a confiscation and request the return of seized items. HMRC and Border Force will consider all requests of this kind, However, if the items are found to be the proceeds of crime and/or are illegal to own in the UK, it is highly unlikely that they will be returned to you.
Conclusion
If HMRC or Border Force seized your goods, we can provide legal support by helping you to write as notice of claim or a restoration letter. We can also represent you if you decide to make a claim for unfair treatment by the Border Force officers, and/or if your HMRC seized goods are being treated as evidence of a crime.
Under these circumstances, a case may be taken to court claiming that the goods should not have been seized in the first place, and, if successful, you might be eligible for compensation. We have experience in helping clients dealing with Boarder force and HMRC, if you have any inquiry please contact us.
What Are The Fair Reasons That An Employer Can Rely On In Dismissing An Employee?
Under the law of England and Wales, when an employer dismisses an employee, to avoid having an unfair dismissal claim against them, the employer needs to ensure that they have complied with steps as set out in employment law in England and Wales, which includes (but are not limited to) having a clear disciplinary policies and procedures in place.
However, in the event that there is an unfair dismissal claim against the employer, a dismissal would be considered ‘fair’ if the employer could demonstrate to the tribunal that the reason for dismissal was one of the five potentially fair reasons for dismissal, as set out in section 98(1) and (2) of the Employment Rights Act 1996.
The five potentially fair reasons for dismissal are: capability or qualifications, conduct, redundancy, breach of a statutory duty or restriction, and “some other substantial reason” (SORS). Please note that a dismissal could fall into more than one of the potentially fair reasons as they often overlap. Therefore, it is vital for the employer to refer to every of the above reasons when they defend an unfair dismissal claim. We will now briefly outline these potentially fair reasons.
- Capability or Qualifications
As the name suggests, capability relates to the employee’s ‘skill, aptitude, health or any other physical and mental quality’, as set out in section 98(3)(a) ERA 1996. In practice, capability dismissals usually fall into either because of poor performance of the employee, or because of the employee’s ill health.
Qualifications dismissal relates to any ‘degree, diploma, or other academic, technical or professional qualification’ that is considered to be relevant to the position of the employee, as set out in section 93(3)(b) ERA 1996.
- Conduct
According to 96(2)(b) ERA 1996, it is potentially fair to dismiss an employee due to their ‘conduct’. It could be either a single act of serious misconduct, or gross misconduct, or a series of acts which are less serious but have persisted. Examples include (but are not limited to) theft or dishonesty, breach of certain terms of the contract, repeated poor attendance, alcohol or drug abuse.
- Redundancy
This applies to where dismissal is ‘wholly or mainly attributed to’ reasons such as business closure, workplace closure, or reduced requirement for employees. The employer will have to establish that it has acted reasonably and fairly in dismissing the employee for that reason.
- Breach of a Statutory Duty or Restriction
This applies for when the employee cannot do their job that is required in their contract or they or their employer would be contravening ‘a duty or restriction imposed by or under an enactment’, as set out in section 98(2)(d) ERA 1996. A good example of this would be dismissal because continued employment of the employee would breach the Immigration Rules.
- Some Other Substantial Reason
This dismissal is for ‘some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held’, as set out in section 98(1)(b) ERA 1996. As there is no further legislation or statutory guidance on what this term means, it is usually looked at by the tribunal whether the employer has followed a fair procedure and whether the decision to dismiss the employee is within a reasonable response of a reasonable employer.
Our solicitors are focused on problem solving and are highly experienced in dealing with complex issues. If you have any queries regarding employment or dispute, please contact us.
Please note that information provided on this article is provided for general informational purposes only, and should not be construed as or is not intended to be a substitute of legal advice.
Rights As A Tenant In A Private Rented Property
A tenancy agreement sets out the rights and responsibilities between the landlord and tenants. In the unfortunate event where an issue arises then the tenants should refer to the tenancy agreement. Tenants have additional rights which are not always set out in the tenancy agreement. To give an example, the House in Multiple Occupation (HMO) licensing.
We have set out below the key points that tenants should be aware of when renting a property.
Additional fees
The Tenant Fees Act came into force on 1st June 2019 and the centre of this rule is that it prevents landlords from charging tenants with extortionate fees. The landlords are allowed to charge the tenants rent, tenancy deposit, and or a holding deposit.
Under the Tenant Fees Act, landlords are no longer allowed to charge tenants the cost of their own references or police checks, general administration fees, or cleaning fee. Landlords who charge fees that fall outside of the Tenant Fees Act may be liable to pay a fine of £5,000 however if the landlord repeats the breach, then this could lead to a criminal charge or a fine of £30,000.
However, the landlord can charge certain fees provided that it is written into the tenancy agreement, these are set out below:
- Late Rent Fees
Landlords can charge fees for rent payments that are due over two weeks. The fees can be charged up to 3% plus the Bank of England base interest rate.
- Default Fees
This includes the tenant losing a key or damaging the property. The tenant can only be charged a reasonable amount as long as the evidence of the cost can be provided.
- Changes to Tenancy Fees
Landlords can charge up to £50 for making changes to the terms of the tenancy agreement. This can include changing a tenant’s name or allowing a pet.
Disrepair
Under section 11 of the Landlord and Tenant Act 1985, landlords have the obligation to keep
the property in a habitable state for the tenants to reside in. This includes heating, hot water, access to power supply, water, etc.
These repair obligations cannot be changed by any terms written into the tenancy agreement and landlords cannot charge tenants for any repairs that fall under their mandatory obligations.
However, tenants would usually be responsible for the maintenance of the property. This includes the general upkeep such as changing the lights, unclogging sinks, gardening, and cleaning.
Should a tenant experience any disrepair issues such as mould, no heating, no hot water, etc then they should first report this to the landlord immediately.
If the landlord refuses to carry out the repair works then the tenant has various options available to them such as reporting to the local council and or issuing proceedings against the landlord.
House in Multiple Occupation License
The Housing Act regulations ruled that an HMO license is required for any house or flat that is occupied by five or more people who are not all related and live in the property as their main home. Landlords are therefore obliged to apply for a license application at the local council if the property needs licensing.
Ignoring the rules would result in the landlords paying a heavy price. There would be a risk of being prosecuted by the council and if found guilty landlords could get a criminal record, and be fined an unlimited amount. Alternatively, tenants can apply for a Rent Repayment Order and the landlord may have to repay up to 12 months of rental income.
Deposit
Deposits were collected as part of the renting process and landlords are obliged to pay the tenants’ deposits into a deposit protection scheme. This deposit protection was introduced on 6 April 2007 as part of the Housing Act 2004 and these protection schemes offer a free service to help resolve deposit disputes between the landlords and tenants.
When a deposit was not protected under a scheme and no further information was provided by the landlord, tenants can apply to the County Court for an order that the landlord returns the deposit back or protect it under one of the tenancy deposit protection schemes.
There are rules on what costs can be deducted from the deposit. And the landlord cannot, in general, charge for the costs of maintaining the wear and tear of the property. The usual costs can include deductions for (1) damage to the property and missing or broken items, (2) cleaning fees, and (3) unpaid rent or bills.
If tenants disagree with how the deposit is returned, or the tenant does not agree with some of the costs that landlords have taken out of it, tenants must ask the landlord for a breakdown of the specific costs which were taken out of the deposit.
In the case where an agreement could not be reached between the landlord and tenant, the parties can propose to use the free alternative dispute resolution service offered by the tenancy deposit scheme.
Under the alternative dispute resolution service, the parties are required to accept the decision made and will not be able to apply the decision to the courts. If on the contrary the landlord or tenant does not agree to use the dispute resolution service, then the dispute will usually go to the County Court.
If you require assistance in relation to private renting disputes, or you would like to learn more about the rights and obligations shared between landlords and tenants in private properties, please feel free to contact us and we can discuss and advise on your best way forward.
Methods of Enforcing Your Court Judgements
A winning party (“judgment creditor”) may obtain a judgment for a lump sum from the losing party (“judgment debtor”) however, this does not necessarily mean that the judgment debtor will voluntarily pay what is owed under the judgment. The burden is on the judgement creditor to take enforcement steps.
If the judgment debtor fails to do so voluntarily by the date determined by the court, then the judgment creditor would need to consider commencing enforcement actions in order to seek recovery of the money owed to them under the judgment.
It is vital for judgment creditors to investigate the judgment debtor’s assets / financial position first before commencing lengthy litigation proceedings.
We have briefly set out below a number of enforcement methods a judgment creditor may commence upon receipt of a court judgment.
- Taking control of goods is suitable when the judgment debtor owns assets, and this allows an enforcement officer to seize the judgment debtor’s goods and sell them in order to use the proceeds of sale to satisfy the judgment debt. Goods that are exempt include the basic domestic needs and tools of trade. The County Court dealt with debt sum up to £600 and the High Court dealt with debt sum of more than £5000.
- Third-party debt orders allow the court to intercept money that is owed to the judgment debt, such as credit balance in the judgment debtor’s bank account and divert this to us in settlement of the judgment debt.
- Charging orders are suitable where the asset in question is considered a land, but this only provides security for the judgment debt and not payment. For payment, an order for sale will be necessary after the charging order has been obtained.
- Attachment of earning orders enables the judgment debtor’s salary to be intercepted and diverted to us in settlement of the judgment debt. It is important to bear in mind that only a small percentage will be deducted from their salary so if the judgment debtor is on a fairly low income then it could sometime before the debt is repaid.
- Insolvency proceedings are another effective way to obtain payment. The threat of bankruptcy of an individual or winding up of a company can often be enough to prompt payment, should the judgment debtor has assets available to pay.
If you have a judgment debt that you wish to enforce or require assistance in obtaining a judgment, please contact us. Our experienced civil and commercial litigation team can advise the best course of action for your case and commence the enforcement proceedings on your behalf to assist you in recovering the judgment debt.
Our experienced civil and commercial litigators have many years’ experience in supporting businesses and individuals through challenging times. We have provided a speedy, effective debt recovery services to all our clients’ needs.
Across our team, we speak many languages including Mandarin and Cantonese, Gujarati, Russian, Portuguese, Korean and Spanish. With access to our solicitors at two locations, one in City and one in Mayfair, we cover a very broad spectrum of varying clients needs.