More and more people have a Lasting Power of Attorney in place, to allow someone else (usually their spouse, son or daughter) to make decisions on their behalf if they become incapable. Often an LPA is never actually needed, but if it is used it’s vital that the Attorney understands their role and duties and keeps a record of decisions made and actions taken. If not, they can easily get into hot water, or even incur a person […]

With more and more people finding that buying a flat or house is unaffordable, long-term renting is now very common. Here are four more questions I am often asked about the legal rights of tenants. 1. Can my landlord come into the property whenever they want?The landlord has a right to reasonable access to carry out repairs for which they are responsible and to inspect the property, but usually they must give 24 hours’ notice in writing.In most cases, a landlord does not have the rig […]

With more and more people finding that buying a flat or house is unaffordable, long-term renting is now very common. Here are four questions I am often asked about the legal rights of tenants. 1. Can my landlord kick me out without a reason, and how much notice should I be given?Your landlord can’t evict you during the fixed term of a tenancy unless you breach a term in the tenancy agreement, such as not paying rent or damaging the property (unless there is a break clause in th […]

Have the poor advice or negligent actions of your professional adviser – such as your IFA, surveyor, accountant or architect – caused you financial loss? If so, you may be considering bringing a professional negligence claim against them to get your money back. I discussed these claims generally in the previous post. Here are a few other important points to take into account.First, the time limit for issuing court proceedings is generally 6 years from the date of the negligent advice (or […]

Most professional advisers – such as accountants, IFAs, surveyors and solicitors – provide a professional and competent service. Their clients are usually happy with their work. But sometimes things go wrong – if your adviser’s mistake has caused you financial loss or other damage, how do you hold them to account and get your money back?Typical scenarios I have seen include accountants who fail to submit tax returns or accounts on time, resulting in fines or interest pay […]

Following the post earlier this week about the importance of having employment contracts, this post looks at what should go in them to ensure your business is properly protected.Some contract terms are obvious: the rate of pay, the hours of work, arrangements for holiday pay and sickness absence, etc. Provisions for how the employment can be brought to an end – by either employer or employee – and the disciplinary and grievance procedures should also be in the contract.The law […]

I often come across situations where employers have not given their employees written employment contracts. Or there is a contract, but it is based on one originally drafted many years ago, and no longer reflects the arrangements the employees work under. The problem is that properly drafted employment contracts and policies are not – or should not be – an optional extra for employers. They provide important protection for employers, as well as telling employees about the terms on w […]

Landlords have always had an obligation to keep the properties they let to tenants in good repair. If there are problems with heating, gas, electricity and water installations, then they should be put right. If a landlord does not take action to remedy these situations, a new law will soon allow tenants to force landlords to do so.Currently a tenant can complain to the council if their landlord fails to take action. Environmental health officers can then visit a property to check for haza […]

Probate is the process of dealing with the affairs of someone who has died and administering their estate. It can be a long task, and is especially difficult if you have to do it when coming to terms with the loss of a loved one. If you also have to juggle family life, a job and other responsibilities while administering an estate, it can become overwhelming.An executor needs to be able to show banks, pension companies and official bodies that they are legally entitled to deal with the es […]