Menu

Archives: Services

HD-2-scaled-aspect-ratio-1270-420

When renting a property, you expect it to be safe and well-maintained. Unfortunately, many tenants suffer problems such as dampness, mould, leaks, and faulty heating because they are in the landlord’s negligence. If your landlord is failing to repair your home, Litkraft Solicitors housing disrepair lawyers can help you get necessary repairs done and claim housing disrepair compensation you may be entitled to if you rent from a private landlord, housing association, or local council.

 

Housing Disrepair Claims

If you are renting a property that you believe has not been maintained to a reasonable standard, you may have a right to make a housing disrepair claim against your landlord. Property defects can threaten your health, belongings, and the enjoyment of your home. If you also get personally injured due to disrepair, it will affect you in many more ways.

Our specialist team provides expert legal advice in different languages to help clients with a wide variety of legal matters, including claims for household disrepair against landlords. Unlike other law firms, we do NOT charge you unless your case is won – we operate on a No Win No Fee basis. Call us today on 0208 1111 911 or contact us through the website for free advice on your claim.

 

What is Housing Disrepair?

If you don’t think your rented property is up to a satisfactory condition, your landlord is required to fix the issues in most cases. You should report such problems to your landlord in a timely fashion, so they have the opportunity to repair them. They can ask for evidence, that is, photos or conducting an inspection.

If you feel that a dispute may arise, it can be best to communicate with them in writing to ensure you have a record of your correspondence in case you need to provide evidence at a later date.

A dispute may arise if your landlord believes you have caused or added to the property’s disrepair by your actions, but there are a multitude of cases in which the cause of property disrepair is clearly the landlord’s.

 

What Can I Do to Resolve a Disrepair Issue With My Landlord?

Like any other legal action, your best way to start is to attempt to resolve the dispute without the use of lawyers. You might find your landlord is more cooperative to work this way than expected. It will improve your position if you can show that you attempted to resolve the matter this way. Action through the courts is costly and should be considered only as a last resort.

The first thing you should do is check your rental agreement, since that may clarify what is and isn’t your landlord’s responsibility. However, most of the examples provided below can’t legally be passed on to you as the tenant, even if stated in the rental agreement.

Keep records of all correspondence, and if you communicate in person or via phone, make a note of the dates and key takeaways from your discussion while time puts them fresh in your mind. You should then allow them a reasonable amount of time to do any remedial work. Some issues will have different timescales based on the nature and scope of an issue.

 

What Can I Claim for in a Housing Disrepair Case?

In theory, any form of disrepair can be relevant to a claim provided that it genuinely impacts you in your occupation of the property. Typical claims include:

  • Issues with the gas supply and the safety of the gas equipment
  • Failure to supply clean water at the property
  • Leaks, mold, and damp
  • Infestation with insects or vermin
  • The property is excessively cold or hot.

In some instances, tenants also suffer Personal Injury as a consequence of the disrepair of the property. If this should happen to you, our specialist Personal Injury solicitors can also assist with this part of the claim.

 

How Do I Make a Claim for Housing Disrepair?

If your landlord has failed to carry out necessary repairs, you may be able to start a claim for housing disrepair. Here’s how the process works:

  1. Report the issue to your landlord. Before taking legal action, ensure you have informed your landlord of the problem. Keep records of all emails, letters, or messages regarding your complaint.
  2. Gather evidence. Take photographs of the disrepair, collect medical records (if your health has been affected), and keep receipts for any expenses incurred due to the disrepair.
  3. Seek legal advice. Consult with expert housing disrepair solicitors to evaluate your case. At Litkraft Solicitors, we will guide you through the process and determine the best course of action.
  4. Initiate your claim. If your landlord continues to ignore the problem, we will file a housing disrepair claim on your behalf, seeking both the necessary repairs and housing disrepair compensation.

 

How Much Could I Receive for Tenant Disrepair Claims?

It is impossible, therefore, to put a likely figure on compensation without knowing your exact circumstances, so we recommend you contact us as soon as possible for guidance. The amount of compensation will vary according to many things, but the main ones will be the nature of the disrepair and how long you have experienced the problems. Often, we can give you significantly more comfort on our first telephone call in terms of whether or not your claim is likely to succeed.

 

How Do I Get Advice on Housing Disrepair?

Simply call 0208 1111 911 or get in touch through the website, and we’ll talk with you about your situation. Zero upfront cost – we’ll inform you of the best way forward for your disagreement, and if you choose to proceed, we’ll let you know of any costs beforehand.

 

Why Choose Litkraft Solicitors for No Win No Fee Housing Disrepair Claims?

 

We at Litkraft Solicitors are dedicated to handling housing disrepair claims and offer the highest quality legal services on a No Win No Fee basis. Our firm specializes in fighting for the rights of tenants and fighting for safe and habitable conditions.

By choosing our No Win No Fee housing disrepair solicitors, you benefit from:

  • Specialist expertise in housing law
  • No financial risk – you only pay if we win
  • Multilingual support – we provide assistance in multiple languages
  • A dedicated legal team focused on securing maximum compensation

If you need professional housing disrepair lawyers to handle your claim, Litkraft Solicitors is here to help.

 

FAQ

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Handling Employee Grievances

Grievances from your employees must be handled carefully and appropriately at all stages to ensure that the problem doesn’t escalate any further. Whether you need help in creating a grievance procedure or have received a grievance and need legal advice before responding, our lawyers can provide the knowledge and support you need.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What exactly is a grievance?

A grievance is a complaint, problem or issue that has been formally raised by an employee to someone else within the business. Typically, it would be raised with their line manager, unless their line manager happened to be the subject of the grievance.

 

How should I handle a grievance?

The employee may not know of your grievance procedure and may not even use the word ‘grievance’ in their correspondence. However, it is vital that you treat any such communication as a formal grievance and deal with it accordingly.

Your company should have a written grievance policy, which should be included in a staff handbook or contract. If you need help creating a grievance policy or would like to review an existing one, we can discuss your business with you and advise on the best written policy for your needs.

Failure to handle and acknowledge grievances properly can lead to bigger problems such as an Employment Tribunal claim, which can be costly and time-consuming for the business. You should respond promptly and fully on all points raised and do so in writing, explaining any actions or any reasons why you feel that the grievance isn’t valid.

 

What other legal services might I need?

Your grievance procedure should be part of your wider Employment Law procedures. We can advise on many of the other supporting activities such as drafting of Employment Contracts, Restrictive Covenants, Confidentiality Agreements, Settlement Agreements and more.

We can also help you with many other areas of Business Law including Commercial Property, Dispute Resolution, Commercial Agreements and more.

 

How do I get advice on handling grievances against my business?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. We’ll recommend the best course of action and explain the steps you should take and how we can support you with this. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Defending Employment Tribunal Claims

If a former employee has commenced a claim against you at an Employment Tribunal, it’s vital that you defend the claim to the best of your ability. The outcomes of tribunals are often available to the public, so it can affect your reputation as an employer if the outcome is not favourable. With the right specialist advice on your side, you can defend the claim and ensure that you adhere to the correct rules and procedures.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What is an Employment Tribunal?

If you have dismissed an employee after two or more years of service, they may try to claim against you at an Employment Tribunal. They may do so if they feel they have genuine grounds for a claim of Wrongful, Unfair or Constructive Dismissal.

From the date of their dismissal, they have three months (minus a day) to make their claim. You must then respond within 28 days with your version of events, with a view to getting the claim struck out by the tribunal. Depending on the claims put forward by either party, the case may then proceed to a full tribunal hearing, with evidence such as witness statements being put forward by either side before any hearing takes place.

Many cases are settled before they reach a final hearing. We can advise at all stages whether or not we think the claim should be defended further, or whether settlement would be a better option. Even a relatively weak claim can take time, money and effort to defend and could still succeed, resulting in negative publicity for your business.

Defending a claim involves balancing the risk of failure against the reputation and resources of your business.

 

What other legal services might I need?

The best form of defence against employment tribunals is of course to help prevent them through clear, fair employment procedures. We can advise you on all of the main areas of Employment Law including drafting of Employment Contracts, Restrictive Covenants, Settlement Agreements, Confidentiality Agreements and more.

We can also advise on other aspects of Business Law, such as Commercial Property, Dispute Resolution and Commercial Agreements.

 

How do I get advice on defending Employment Tribunal claims?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss the circumstances of the tribunal claim with you. The initial call is free and if we think we can help you we’ll recommend the best course of action and advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Legal Advice for Industrial Action

If your business has been affected by industrial action, it’s vital that you get the specialist, professional legal advice you need to help resolve the dispute and get your business back to normal.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What is Industrial Action?

Industrial action can happen when employees and their unions are unable to reach an agreement with their employer through negotiation. It is treated as a last resort and can include strikes, overtime bans or working to rule.

The Trade Union Act 2016 made it more difficult for industrial action to occur, by requiring a higher turnout of voters and a higher proportion of the workforce to vote in favour of the action than was previously required. The legislation was controversial, but was designed to make it harder to suspend important services such as transport.

Although industrial action is now more difficult to bring about, it can still occur. The legislation has also had the effect of making unions more likely to push harder in negotiations with employers and rally more support from their members. It is therefore still important for employers to maintain good relationships with unions as well as employees.

 

What can I do if my employees take Industrial Action?

Your employees must ensure that any Industrial Action they take is lawful. As members of a union, it is likely that they will already be well advised on this. So, by the time a decision is taken they will likely know that the action they are taking is lawful.

Dismissing employees for taking lawful industrial action is likely to amount to automatically unfair dismissal, which can cause greater problems in the long run. What typically happens as a result of industrial action though, is that:

  • Employees are not paid for the period of industrial action
  • Employees are typically not deemed to have breached their contract (which could result in dismissal if they did)
  • Employees are not deemed to have broken their continuous service. However, their continuous service may be reduced by the length of time of the industrial action (which could affect their pension or severance pay in future).

If your employees do take any form of industrial action, it’s vital that you have the right legal support and knowledge on your side to help you through the process and to help maintain good relationships with your employers and their unions.

 

What other legal services might I need?

Like any business that depends heavily on its workforce, we recommend that advice on trade unions and industrial action forms part of a wider effort to ensure that your employment procedures remain fit for purpose over time. We can help with a wide range of Employment Law services including drafting of employment contracts, redundancy advice, TUPE advice, defending Employment Tribunal cases and more.

We can also advise you on Commercial Property, Dispute Resolution and many other Business Law services.

 

How do I get advice on Industrial Action and Trade Unions?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your requirements. The initial call is free and if we feel we can help you, we’ll recommend the best course of action and advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Redundancy Advice for Employers

If your business needs to make redundancies, the process can be difficult and challenging. It’s crucial that you get things right because each stage of the redundancy process presents potential issues which can be problematic if not handled correctly.

Our experienced team offers professional legal advice in different languages on a wide range of different legal matters, including employment law and redundancy.

 

What do I need to consider when it comes to making redundancies?

Making redundancies is a decision that you won’t have taken lightly. By the time you reach that decision it’s likely that you will have already explored all alternative ways of saving money or redeploying your staff to avoid redundancies.

At this stage, you will need to consider processes for the following steps:

  • Selecting staff for redundancy fairly, which might include looking for staff willing to take voluntary redundancy.
  • A consultation process with employees in groups and as individuals, to explain the process and gather their thoughts.
  • An application process for new roles, which may include interviews and assessments.
  • Documentation and processes for making redundancies including notice periods.
  • Dealing with any appeals, disputes, employment tribunals or settlement agreements.

It’s important to put clear, fair procedures in place so that you retain the right staff and that those who end up leaving the business feel that they have at least been treated fairly. Disgruntled staff can be resistant to help with handover of work, could spread negative word of mouth about the business, and in extreme cases could pursue the company for wrongful dismissal, which could result in an employment tribunal.

 

What other legal services might I need?

As a business, it’s likely that you will have other, wider needs for legal support on an ad-hoc or ongoing basis. We offer a wide range of other Employment Law services and can also advise on Business Law including Dispute Resolution, Commercial Property and more.

 

How do I get advice on making redundancies for my business?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Then we’ll recommend the best course of action to make the staff changes you need to. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

TUPE Advice for Employers

If you’re looking to acquire or merge with another company, you will need to consider TUPE regulations, which will impact your obligations towards the new employees you are taking on. TUPE is a complex area for which professional legal advice, based on the specific circumstances of the transaction, will be of great value to your business.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What is TUPE?

TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations 2006. In short, it exists to protect the rights of employees whose employer is bought by (or merged with) another company. It ensures that they:

  • Continue to work on the same terms and conditions as they did for the previous employer
  • Are recognised for their continuous service in the event of redundancy

It is common for restructures to take place at the same time as a merger or acquisition (or shortly afterwards) so that the combined company can make efficiencies. This can result in redundancies, so the TUPE regulations play an important role in protecting the rights of those new employees.

 

Is TUPE relevant for my business?

If you are acquiring a business, or merging with one then it’s highly likely that TUPE regulations will apply and you will need to recognise them. If you are merely buying shares in another business and not fully acquiring it, then TUPE may not apply but you should seek initial legal advice before you complete any transaction, to determine the relevance of the TUPE regulations.

If you are contracting out, or contracting in a service, TUPE may also apply. For example, a company may choose to outsource its IT operations to an external company and all of their IT staff will transfer to the external company as employees and continue to carry out the same work. In this instance, the TUPE regulations will typically apply.

 

How do I get advice on TUPE for my business?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. If you’re acquiring or merging with a company or have any other reason to need TUPE advice, we’ll discuss your circumstances and recommend the best course of action. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Unfair Dismissal Advice for Employers

If one of your employees alleges that you dismissed them unfairly, getting the right advice promptly can help you defend their claim. There might also be simple steps you can take to leave yourself less open to such accusations in the future.

A dismissed employee has little left to lose and has time on their hands to make their claim against you. However, things won’t be so simple for you – defending the claim can be costly and time-consuming, even if you weren’t in the wrong. We can help you resolve the issue as quickly and cost-effectively as possible.

Our specialist Employment Law team offers advice in different languages on a wide range of legal matters, including unfair dismissal.

 

What exactly is Unfair Dismissal?

If an employee isn’t performing effectively in their role, there are processes to follow to help them correct their performance. If these processes don’t work, you may end up dismissing them based on their performance or capability. This can take time, but by following the right procedures, the dismissal can be done fairly.

However, in some instances an employee can allege that their dismissal was unfair. In the UK, employees need to have two years’ continuous service (minus one week) before they have the right to claim unfair dismissal.

If you dismiss an employee who has the right to claim unfair dismissal, it’s important that you’re able to prove that you dismissed them fairly. Unfair dismissal claims often arise when the employer has failed to follow correct procedures – such as disciplinary or capability procedures – or failed to document them correctly.

In some instances, dismissal can also be found to be ‘automatically unfair’, for which there is no meaningful defence, other than taking steps to avoid similar claims in the future.

 

What is Automatically Unfair Dismissal?

If the dismissal is found to breach the employee’s basic statutory rights, it is deemed to be ‘automatically unfair’ regardless of the procedures that were followed. The requirement for two years’ service does not apply to automatically unfair dismissals, so any employee can claim if they have grounds to do so.

Automatically unfair dismissal can arise if the employee is dismissed on the basis of:

  • Discrimination under the Equality Act 2010
  • Flexible working arrangements or requests
  • Rights under the Working Time Regulations
  • Seeking to assert a statutory right such as National Minimum Wage or safe working conditions
  • Taking compassionate leave
  • Whistleblowing

If you’re considering making a dismissal, it’s crucial that you take account of the above factors, to ensure that you don’t leave yourself open to a claim for unfair or automatically unfair dismissal.

 

What other legal services might I need?

Our team offers a wide range of Business Law and Employment Law services. Unfair Dismissal is a serious issue requiring specific advice if you have received such an accusation. However, prevention is the best way to manage this risk through the preparation of Employment Contracts and Employment Procedures to ensure that you and your employees are clear about what is expected of them from the outset.

 

How do I get advice on Unfair Dismissal for my business?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your requirements with you. We’ll then recommend the Employment Law support we think you will need. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Drafting Employment Procedures

Employment Law problems can often hinge on the quality of your policies and procedures. It’s important to get things right so you don’t leave yourself open to problems which can become costly, stressful and time-consuming to deal with. We can help you stay on the right side of the law and ensure that your procedures are clear, consistent and manageable.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What do I need to consider when drafting Employment Procedures?

There are many things you need to consider, including:

  • The level of HR expertise within the business
  • The nature of the work and the access people have to data and confidential information
  • Health & Safety procedures within the business

These are just a few examples of factors that can influence your HR procedures and there will be many more, depending on the specific characteristics of your business. We can discuss your business with you and review your existing procedures if you have them, to help determine the advice and support you may need.

 

What Employment Law procedures might I need to have in place?

This too will depend on the nature of your business, but is likely to include:

  • Employment Contracts and Staff Handbooks
  • Confidentiality agreements
  • Restrictive Covenants
  • Redundancies
  • Disciplinary and Grievance procedures

If you need advice on the above or any other areas of Employment Law, contact us today to discuss your requirements and how we could help you.

 

How do I get advice on Employment Procedures?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. We’ll recommend the best course of action to ensure that you have clear, consistent procedures in place to effectively manage relationships with your employees. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Drafting Employment Contracts

As an employer, your Contracts of Employment for the legal basis of your relationships with your employees at all levels of the business. It is important that you get these contracts right and continue to keep them up to date as your business and employment legislation change over time.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What do I need to consider when drafting Contracts of Employment?

You’re most likely to need legal advice on your employment contracts in the following circumstances:

  • When taking on staff for the first time
  • When taking on more senior staff who may need specific terms in their contract
  • When your existing contracts have been in place for a long time and may need reviewing
  • When significantly changing the way the business operates

If any of the above apply to your business, or there’s any other reason you feel that you need professional legal advice, contact us to discuss your circumstances.

 

What other legal services might I need?

Your employment contracts are just one part of your HR operations and you may also need to consider:

  • Drafting employment procedures
  • Confidentiality agreements
  • Restrictive Covenants
  • Redundancies
  • TUPE
  • Employment Tribunal defence

If you need advice on the above or any other areas of Employment Law, contact us today to discuss your requirements and how we could help you.

 

How do I get advice on Employment Contracts?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. We’ll recommend the best course of action to ensure that your contracts are effective for your business. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Personal Injury Compensation Trusts

If you, a loved one or family member have received compensation for a Personal Injury, it could be beneficial to transfer those funds to a trust. This can help manage the money carefully over time and ensure that entitlement to state benefits is not affected by receiving such a large one-off compensation payment.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What is a Trust?

A trust is a legal arrangement for managing money and assets for the long term. It is managed by trustees appointed by the settlor (the person whose money is put into the trust). The trustees will manage and distribute the funds over time, in line with guidance provided by the settlor.

If you were the person injured and you still have mental capacity to make decisions, you can act as a trustee yourself and also appoint others (such as family members, loved ones or a solicitor) to help you manage the trust.

Trusts can help to distribute money and assets over a period of time, based on future events and outcomes. This makes them very beneficial for managing Personal Injury compensation, where future financial and care needs can be hard to predict.

 

How is a Personal Injury Trust beneficial?

If the injured person is unable to work following the injury, they may be entitled to claim state benefits. However, if those benefits are means-tested, a large compensation settlement might rule them out of receiving the support they deserve.

Given that the compensation payout is intended to last them for the rest of their life and could be needed for costly care and medical treatment, it would be inherently unfair for them be denied benefits.

By paying that compensation payout into a trust, they could manage that money carefully over time, with the help of their trustees. The trust is seen as a separate entity, so the funds would sit outside of the means-testing process for state benefits.

 

What other legal advice might I need?

If the injured person lacks mental capacity, you may be able to make certain decisions on their behalf. Our Court of Protection specialists can provide the advice you need for this.

We can also advise on Wills, Lasting Powers of Attorney and Inheritance Tax Planning, as any unused funds held in the trust when the beneficiary dies will usually form part of their estate. It is best to plan ahead of time for how their assets will be distributed after their death.

 

How do I get legal advice on Personal Injury Trusts?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Trusts Disputes

If you’re a beneficiary or a trustee of a trust, we can help you in the event of a dispute between any of the parties involved in its administration. This can be a complex and emotive area of the law, so you need the right level of legal expertise on your side to help resolve the dispute.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How can disputes arise over a Trust?

When appointing trustees, the settlor (the person setting up the trust) will have chosen them very carefully, given the level of authority a trustee can have over the money and assets held in the trust. It is common for trustees to be close relatives or loved ones of the settlor, which can make any disputes all the more complex and upsetting.

Examples of how trust disputes can arise include:

  • Beneficiaries might feel that they are being denied money that should be paid to them by the trust
  • You may feel that a trustee has acted against the best interests of the beneficiaries, or that another trustee has ignored their actions
  • The settlor may have created the trust under duress from another party
  • The settlor or a trustee may be found to have lacked the mental capacity necessary to carry out their role
  • The trust may have been used to disguise ownership of certain assets

These are just a few examples of the many ways that a trusts dispute can arise. If you have any concerns about the way that a trust is being administered, we recommend that you seek legal advice.

 

How will I know if I should take action to resolve a trusts dispute?

The role of a trustee calls for a very high level of personal and professional integrity. You should keep this in mind when determining whether or not a particular act or omission by a trustee is sufficiently serious to warrant legal action. We can discuss the circumstances of any breach of duty with you and advise whether or not you should take things further.

 

How are trusts disputes resolved?

Depending on the content of the trust document, it may be possible to remove a trustee, if the dispute relates solely to their conduct. If this is not possible, the dispute may have to be settled by mediation as an alternative to the cost and complexity of going to court.

Should this prove unsuccessful, the dispute can be settled in court as a last resort, however it is often possible to avoid this. Without speaking to you, to establish the full facts of your dispute, we are unable to give more specific advice, so we recommend that you contact us promptly to discuss your circumstances.

 

How do I get legal advice on trusts disputes?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Trusts Solicitors

A trust can be a simple, effective way of distributing money and assets to your beneficiaries after your death. It also allows you to defer payments until a later date, such as when they reach a specific age, rather than paying them straight away. It can also help you be more tax-efficient in the distribution of your assets.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What exactly is a Trust?

A trust is a fund that sits outside of an estate, from which money can be paid to beneficiaries. It can be set up while you are still alive, or you can specify in your will that a trust will be created after your death. Either way, you will need to decide who to appoint as trustees. These will need to be people you have a very high level of trust in.

A benefit of a trust is that you can defer payments to beneficiaries rather than them receiving a lump sum on your death. Many people are attracted to trusts because they see them as being tax-efficient in terms of Inheritance Tax. In reality, they can be tax-efficient if they are managed properly, but sometimes not to the extent that people expect.

Tax is typically payable at the point of setting up a trust, to discourage people from using them solely to reduce their tax bill. If you set up a trust with the sole intention of reducing Inheritance Tax, it may not be as effective as you thought. However, there are other ways that trusts can benefit you and your beneficiaries.

 

How do I benefit from a Trust?

Parts of your estate may be left immediately and in full, to a beneficiary. However, there are some circumstances where you may wish to defer the transfer of an asset to your beneficiaries. Examples might include:

  • Leaving assets to children currently under 18 – These beneficiaries can’t legally inherit until they are 18, so assets would be owned by the trust until they reach that age. You may also wish to stage further payments throughout their life – for example a further payment at age 21, rather than a full lump sum.
  • Paying education fees beyond your death – If you have children or grandchildren at fee-paying schools, or likely to study at university, you can arrange for these to be paid at the appropriate times through the trust.
  • Paying care fees for vulnerable loved ones – If you are responsible for care fees for your spouse, partner or anyone else the trust can continue to pay these fees until their death.
  • Replacing your income – If your spouse or partner depends on your income, you can provide them with an income from the trust from your death, for the remainder of their life.
  • Allowing others to benefit without ownership – You may wish to leave your property to your children but you may be remarried or cohabiting with a new partner. You could transfer your property to the trust, allowing your partner to live there until their death, at which point the trustees would sell the property and transfer the proceeds to your children.

 

What other legal advice might I need?

When it comes to planning your estate and distributing your assets to your loved ones, it is best to take a holistic approach and look at all your wishes before and after your death and cover all eventualities.

We recommend that Trusts are used alongside our Will Writing service, to ensure consistency between the two. If you have any assets or beneficiaries in other countries, you might also need to consider an International Will to include those.

You should also consider planning ahead for loss of mental capacity in later years. A Lasting Power of Attorney helps you do this by nominating trusted individuals to make decisions on your behalf if you lack the mental capacity to make such decisions in the future.

 

How do I get legal advice on Trusts?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Property Deeds of Gift

A Deed of Gift helps you gift your property to loved ones or family members, such as your children. When executed correctly and in the right circumstances, this can be a tax-efficient way to pass your property on to your children as it may reduce their Inheritance Tax liabilities after your death.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What do I need to consider when creating a Deed of Gift for my property?

Gifting your property to someone else relies on an extremely high level of trust. You may feel very confident that there won’t be an issue, but it’s important that you know the potential seriousness of any family disputes after you gift your property to them. You could effectively find yourself living in their property after gifting it to them.

You must also consider what happens to your house if one or more of your children unexpectedly die before you. The house (or their share of it) would effectively form part of their estate, so their beneficiaries could be entitled to inherit it, rather than the property returning to you.

 

What are the benefits of gifting my property through a Deed of Gift?

Many people gift property to their children in later life, once they have paid off their mortgage and own the property outright. Inheritance Tax is often the reason people choose to do this and it can also save time and paperwork after your death, as the Probate and Estates Administration process can be very lengthy.

It is important to execute Deeds of Gift carefully and legal advice can help you ensure that you don’t undermine your reasons for gifting the property. For example:

  • You can help reduce the Inheritance Tax your beneficiaries pay after your death. However, you need to do so at least 7 years before your death. If you wish to still live in the property in the meantime, you may also need to pay your children rent at the market rate. Failure to comply with these rules could leave your children still liable to pay Inheritance Tax.
  • If you are also looking to reduce your assets to improve your chances of receiving funding for care home fees in future, this also comes with risks. You should be aware that local authorities sometimes look into any deeds of gift and may issue charges against the property (entitling them to a percentage of the proceeds of a future sale).

As these points demonstrate, a Deed of Gift can be effective but does come with an element of risk.  You must plan it carefully to cover a wide range of eventualities and be aware of the potential pitfalls if events don’t turn out as you expected. This is where specialist legal advice can be very beneficial.

 

What other legal advice might I need?

If you’re looking into a Deed of Gift, you may also want to consider Will Writing (if you don’t already have a will) or a Lasting Power of Attorney to enable your family to make decisions on your behalf if you lose the mental capacity to make such decisions for yourself in future.

Your children or beneficiaries might also need advice on Probate & Estates Administration after your death, or on Residential Conveyancing if they choose to sell the property in future.

 

How do I get legal advice on Deeds of Gift?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Inheritance Tax Planning Solicitors

If you have a large estate to leave to your loved ones and family members in future, it pays to plan your estate ahead of time, to make best use of tax efficiencies. That way your beneficiaries will retain a greater proportion of the money and assets that you’ve worked hard to accumulate over your lifetime.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How do I ensure that my will is efficient in terms of Inheritance Tax?

For many beneficiaries of wills, Inheritance Tax doesn’t apply because their estates are below the threshold. However, on larger estates Inheritance Tax can significantly reduce the amount your beneficiaries are left with.

As with any form of tax, there are things you can’t do to reduce your tax liabilities and rules do exist to prevent fraudulent activity. However, there is plenty you can do legally to help minimise the amount of tax your beneficiaries pay, such as:

  • Estate planning
  • Trusts
  • Transfer of tax-free allowances to spouses or civil partners
  • Will writing
  • Gifts and charity donations

No two estates are ever the same, so we will discuss your likely estate with you in detail and help you plan the distribution of your assets in the most tax-efficient way we can. As rules and tax allowances change over time, we can then review your plans regularly to ensure that they are still in line with your wishes and the latest tax rules.

 

What other legal advice might I need?

If you own a business, we can also advise on specific Wills for Business Owners. You may also have overseas assets such as holiday homes or business. If this is the case you may benefit from either an International Will, or taking out a will in the country where those assets are held.

 

How do I get legal advice on Inheritance Tax Planning?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Court of Protection Solicitors

If one of your loved ones or family members lacks the mental capacity to make complex legal decisions, you can act on their behalf to ensure that their best interests are represented. Our Court of Protection specialists can help you achieve this and can explain the steps you need to take to make decisions on their behalf.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What is the Court of Protection?

The Court of Protection is based in London and exists to represent the interests of those who lack mental capacity in the UK. It was created in 2007 as a result of the Mental Capacity Act 2005. Among other things, the court makes decisions on:

  • Whether or not someone has the mental capacity to make a particular decision for themselves
  • The appointment of suitable deputies to make decisions for those who lack mental capacity
  • Giving one-off permission to certain individuals and professionals to make specific decisions

With the Court of Protection having only existed since 2007, this area of the law is still less established than many others. For that reason, it’s important to get the right legal advice from an experienced Court of Protection specialist.

 

What else do I need to consider for a person who lacks the mental capacity to make decisions?

A lack of mental capacity could be temporary. For example it may be caused by an injury which they later recover from sufficiently to make such decisions for themselves. You may still need advice for any important legal decisions that need to be made before they recover.

In other instances, people might lack capacity for the rest of their lives and may also have received a compensation payment if the incapacity is a result of a serious injury. If your loved one or family member has a Personal Injury trust (which is used to help manage their compensation funds to meet their ongoing needs) we can also provide the necessary advice to make best use of this.

 

How do I get legal advice on Mental Capacity and the Court of Protection?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Declarations of Trust

If you’re responsible for a property held on trust, a Declaration of Trust can help clarify the legal obligations and rights of all parties involved with the property. This can simplify matters in future if the property should be sold or transferred to other parties, or if maintenance is required.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What is a Declaration of Trust?

When a property is held as part of a Trust it might be owned jointly by any number of parties. The ownership and upkeep of the property can become very complicated and a Declaration of Trust provides clarity over the rights and responsibilities of the different parties.

For example, it may be that one or more of the parties also occupies the property as part of the arrangement and there are matters such as maintenance and upkeep, insurance and the proportion of equity held by each party, to be taken into consideration.

To create a Declaration of Trust, all parties will need to negotiate and agree the necessary provisions of the declaration between them, with the help of a specialist solicitor.

 

Who needs a Declaration of Trust for a property?

Anyone who has a ‘beneficial interest’ in a property held on trust can benefit from the clarity that a Declaration of Trust provides. A beneficial interest could mean that you own a proportion of the property or are entitled to occupy it.

 

When is a Declaration of Trust taken out?

It would typically be taken out at the point that the property is placed within the trust. This may happen as part of the administration of a will, or it could be done for Inheritance Tax Planning reasons.

 

How do I get legal advice on Declarations of Trust?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Lasting Powers of Attorney

If you think you, or a loved one may lack the mental capacity to make important decisions in future, a Lasting Power of Attorney (or LPA) makes it easier for a named person to make decisions on their behalf. With conditions such as dementia and Alzheimer’s Disease becoming more common, it is important to plan ahead.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What is a Lasting Power of Attorney?

An LPA is a legal document which makes it easier for named individuals (such as close relatives or a loved one) to make decisions for you on your behalf, if you lack the mental capacity to make the right decisions for yourself.

There are two types of LPA:

  • Financial & Affairs – which allows people to make decisions on your finances or even your business on your behalf.
  • Health & Welfare – which allows people to make decisions about medical care you receive or any care homes you move into.

You can also take out both types of LPA if you want your appointed attorneys to make all your significant decisions when required.

 

Who can take out a Lasting Power of Attorney?

To take out an LPA, you must be able to prove that you have the mental capacity to understand the process. If you are in good health, with no signs of dementia and no reason to question your mental capacity, getting an LPA is straightforward.

A diagnosis of dementia or Alzheimer’s Disease can complicate the process. It doesn’t necessarily prevent you from taking one out but can make the process more complicated. The legal requirement for an LPA is simply that you still have the mental capacity, rather than making reference to any specific conditions.

Our advice is to act quickly if you think that dementia, or any condition that might affect mental capacity is likely to be an issue. Dementia is a progressive condition, so it will only get more difficult to prove mental capacity as it progresses.

An LPA is not only useful in later life. You could also lose mental capacity as a result of a Personal Injury such as a Road Traffic Accident at any stage in your life. If you have dependents and are considering making a will, it is worth considering taking out an LPA at the same time, as you never know what the future may hold.

 

What else do I need to consider for Lasting Powers of Attorney?

You should also consider how you want your attorneys to operate when it comes to making decisions for you. For example, you may want to simply appoint one attorney (such as one of your children) or you may have multiple children and want them to make decisions jointly.

If appointing joint attorneys, you should also consider what happens if any of them should die or lose their own mental capacity, or if they disagree on a decision. We can advise on this and help you cover all eventualities.

 

What other advice might I need?

An LPA can work well alongside a will to ensure that all of your wishes for later life and after your death are planned as thoroughly as possible. If you don’t yet have a will, our Will Writing specialists can help you with this and also Trusts which can help you distribute your assets tax-efficiently through your will.

 

How do I get legal advice on Lasting Powers of Attorney?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Probate & Estates Administration Solicitors

If you’re responsible for administering the will of a relative or loved one, legal advice on Probate & Estates Administration can help you ensure that you meet your legal and tax obligations. By working with an experienced specialist, you can be sure that the will has been administered correctly and problems won’t arise later on, after the estate has been settled.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What exactly is Probate?

Probate is typically used to refer to the process of proving that a will is valid and dealing with the assets of a person who has died. This can include their money, property, possessions and other financial assets such as shares. Dealing with those assets can have legal and tax implications. The assets may be sold or transferred to beneficiaries, as specified in the will. Any outstanding debts would be settled from the estate.

As part of the process, you will probably need to apply for a Grant of Probate (or a similar document called a Grant of Letters of Administration if there was no will). Either of these documents can be used to grant access to named representatives (such as the executors) to the deceased’s bank accounts and financial assets.

 

How long does Probate & Estates Administration take?

There is no simple answer to this and it can vary greatly depending on the size and complexity of the estate. A simple estate with no property might take as little as 3 months. If property is involved it could take 6-12 months, and it is not uncommon for large, complex estates to take years to administer.

 

Do I need a solicitor for Probate & Estates Administration?

Strictly speaking, you don’t need a solicitor and for very small estates consisting of a small amount of cash and no property, you may be able to handle the administration adequately yourself.

However, working with a solicitor gives you significant peace of mind that problems such as unexpected tax bills or contesting of the will are much less likely to arise after the estate has been administered. Our legal specialists have thorough working knowledge of the relevant legal processes and tax regimes to ensure that the deceased’s wishes will be carried out as required and within the relevant rules.

 

What other legal advice might I need?

Should any problems arise with any probate work you have had carried out elsewhere, we can also advise on Contesting a Will. If you’ve recently acted as an executor or inherited money yourself, you may also feel that you need to arrange to write a will for yourself.

 

How do I get legal advice on Probate & Estates Administration?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. Then we’ll explain the process and how we can help you. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Disputed Wills & Probate

If you’ve lost a loved one or family member and feel that the will, or the way that probate is being conducted, go against the wishes of the deceased, you may be able to contest the will. You must establish the grounds for contesting the will and be able to provide proof. We can work with you to determine whether or not you have a chance of successfully contesting the will.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How do I go about contesting a will?

To successfully contest a will, you must find suitable grounds and then provide proof to back up your claim. The following are all grounds for contesting a will:

  • Lacking the mental capacity to have a will prepared and sign it off
  • Being placed under duress to sign the will
  • Lacking the knowledge and approval to fully understand the will
  • Ambiguity of the content of the will
  • Insufficient formalities in the creation and signing of the will (such as witnesses)
  • Fraud or forgery of the will

The above would all be sufficient grounds, but the difficulty in contesting a will comes down to providing proof. All of these issues date back to the time that the will was prepared, making it challenging to prove. The deceased person will have had the best knowledge of the process and whether or not the will was executed correctly. However, despite these challenges, wills are successfully contested and you have nothing to lose by seeking some initial advice on your case.

 

When should I contest the will?

The most important thing is to act quickly if you feel that the will is not consistent with the deceased’s wishes. If you don’t seek prompt legal advice, there is a risk that probate could be granted before you are able to contest the will.

Whilst this doesn’t stop you contesting the will, it can make matters more complicated. If you do contest the will, it is possible in some cases to halt the probate process until your case has concluded.

 

How do I get legal advice on contesting a will?

Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. If we think you have a valid case for contesting the will, we will explain the process and how we can help you. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Wills for Business Owners

If you own a business, or even have shares in a business you need to think carefully about how best to handle your business assets in your will. You need to allow for inheritance tax whilst also considering the wishes of your family and others involved in the business, such as shareholders. With the right advice, you can balance all of these needs to create a will that works for you, your beneficiaries and your business.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How can I distribute my business assets in my will?

This depends on a number of factors, including your wishes for the business, the other people involved in the business, the value of the business (or your share of it) and the inheritance tax implications.

You may be happy to leave your business (if you own it outright) to your family, to continue a family business. This will have inheritance tax implications and we can advise on the most tax-efficient way to pass your business on.

If there are other shareholders in the business, you can make provision in your will for the existing shareholders to have first option on buying your shares. Many businesses have insurance in place so that in the event of the death of a shareholder, the remaining shareholders would receive a lump sum enabling them to buy the shares.

 

What other legal services might I need?

If you’re looking to arrange a will with us, we also recommend that you consider the following services along with your will:

  • A Lasting Power of Attorney, to enable nominated people to make decisions on your behalf in the future, if you lack the mental capacity to do so through illness or injury.
  • A Trust to help you distribute your assets tax-efficiently, or to leave money to children who are currently under 18.
  • Will Retrieval & Storage to make it easy for your beneficiaries to track down your will
  • Probate & Estates Administration to enable your executors to carry out your wishes
  • Residential Conveyancing if your estate contains properties. Your executors may need legal support in transferring the ownership or selling the property.

 

How do I get advice on wills as a business owner?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. We’ll arrange a time to speak to you in more detail, so we can recommend the right will for your needs. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

International Wills, Trusts & Probate

If you have assets in other countries or want to leave money or assets to beneficiaries in other countries, professional legal advice can help you find the best way to administer your will. An international will makes the process significantly easier to determine how your estate will be distributed.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How do International Wills operate?

The way your international will is arranged will depend heavily on your circumstances, depending on your nationality, the contents of your estate and the countries you have assets or beneficiaries in. All countries operate differently in terms of probate and in some cases you may be better served by having multiple wills.

If for example you have large assets, such as a property or a business, in one particular country then a local will in that country may be more appropriate. We can advise on the best will (or combination of wills) based on your circumstances.

If you are distributing assets to beneficiaries in another country, as well as a separate will for that country, you may be able to arrange trusts in that country too. Tax regimes will also vary greatly between countries, so it’s important to get professional advice, based on all of your international assets.

 

What other legal services might I need?

If you have property in the UK and might need to arrange a transfer of ownership or even sell the properties, our Residential Conveyancing department can help with the legal processes for this.

 

How do I get advice on International Wills, Trusts & Probate?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. We’ll then arrange a time to discuss your requirements in more detail and to explore the assets and beneficiaries you have in different countries. The initial call is free, and if we can help you, we’ll recommend the best course of action and advise you of our fees before you decide to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Will Storage & Retrieval

Whether you already have a will in place, or would like to arrange one, we can help you store your will securely in our archive. That way, your beneficiaries will know where the will is stored, should the worst happen. You can also retrieve it as and when required in the future, should you need to make any amendments.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How do I arrange for my will to be stored?

Firstly, you need to have a suitable will in place. If you don’t, you can talk to us about our will writing service. Depending on the contents of your estate and your beneficiaries, you may also benefit from a Lasting Power of Attorney or Inheritance Trusts.

To store your will, simply contact us and we’ll explain the process along with any costs. You have the option to retain a copy to pass to your executors and we can also register your will on the National Will Register, which makes it significantly easier to find in later years.

You should not place your will in a bank safety deposit box, because on your death, this can’t be opened without probate being carried out.

 

How will my family know where my will is stored?

The easiest thing is to pass details of the firm holding your will to your executors or family members. They can then keep this in a safe place along with other important paperwork. Adding the will to the National Will Register is an affordable way to add an extra safeguard to ensure that the will is easy to find.

 

Why might I need to retrieve my will?

We always recommend that you have your will revised if your circumstances change significantly. If for example, you paid off a credit card debt it would probably not be worth changing your will for this. If however, you divorce, change your beneficiaries or dispose of a large asset such as a property, this should be reflected in a revised will.

If you need to make amends to your will, if the original will was arranged by us, we can advise whether or not any fees apply. Amending a will is usually much easier than writing one from scratch so you will typically be charged a much smaller fee for amendments, unless the changes are very significant.

 

What other legal services might I need?

When taking out a will, we always recommend Lasting Powers of Attorney (or LPAs), as you never know when your mental capacity might be affected by illness, so we recommend arranging an LPA while you still have full mental capacity.

Depending on your circumstances, you may also benefit from Trusts and we can carry out the Probates & Estate Administration work for your beneficiaries after your death.

Should the estate contain any property, your executors may need legal support to help them transfer the ownership, or even sell the property. Our Residential Conveyancing department can help them with this.

 

How do I get advice on Wills Retrieval & Storage?

Call us on 0208 1111 911 or contact us through the website. We’ll discuss the location of your current will and also explain how and where to store it, how to let your family or loved ones know where it is stored. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Wills Solicitors

Many of our clients know how important it is to create a will, but simply haven’t got round to arranging one. If the same applies to you, we can help you take the first steps towards arranging one and will make the whole process simple for you. It’s important to know that if the worst should happen, it will be easier for your loved ones to carry out your wishes after your death.

Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What do I need to consider when it comes to writing a will?

We’ll discuss your situation with you fully and help you determine how you’d like your estate to be distributed if the unexpected should happen. We’ll take you through a full fact-find process so that all of your assets are accounted for, which would reduce the complication for your executors.

Writing a will is not only about your financial assets but can reflect all aspects of your life. You can include such things as your wishes for who should look after your children, your funeral arrangements, logins for accounts and digital assets (such as your Social Media accounts) and even your wishes for what should happen to your pets.

We aim to make the process as simple as possible, whilst also ensuring that the will fully addresses all of your wishes.

 

What other legal services might I need?

When taking out a will, a growing number of people also take out a Lasting Power of Attorney (or LPA). This is probably influenced by increased awareness of conditions such as dementia and Alzheimer’s disease. With an LPA in place, a nominated person (such as a close relative) can make decisions on your behalf in future, if you lack the mental capacity to do so for yourself. An LPA can be arranged to cover financial decisions, health and care decisions, or both.

If you’re leaving large sums of money to your beneficiaries, or want to leave money directly to children under 18, you can also establish a trust. This can be a tax-efficient way of passing money on, or it can allow you to stage the amounts that some beneficiaries inherit from you over a number of years.

If your estate contains any property, our Residential Conveyancing team can provide the legal support you need to either transfer the ownership of the property, or to sell it.

 

How do I get advice on writing a will?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you and arrange a time to talk in more detail about your wishes, your beneficiaries and your assets. Then we’ll recommend the advice and support we think you need and we’ll advise you of our fees before you decide whether or not to instruct us. The initial call is free.

slider-conveyancing-scaled-aspect-ratio-1270-420

House Sale Solicitors

If you’re looking to sell your house, we can provide the professional legal advice you need to complete the transaction promptly and smoothly. Our conveyancing specialists have helped many clients and can explain the steps you need to take to ensure that the sale goes ahead as smoothly as possible.

Our specialist team advises clients in different languages on a wide range of legal matters, including residential conveyancing. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What do I need to consider when it comes to conveyancing for my house sale?

Once you’ve made the big decision to sell your property, you’ll probably want the sale to go ahead as quickly as possible. It’s important to start the legal process as soon as you can and be aware of the key steps along the way, such as:

  • Pre-exchange – at this stage, we will work with you and the buyer of the property to prepare a contract. If you have a mortgage on the property, we can also advise what you need to do to redeem it.
  • Exchange of contracts – once all parties are agreed, we will exchange contracts with the other party. This is a crucial stage of the process as it is the point where you formally commit to completing the sale of your property.
  • Completion – at this stage, the transaction is complete and the change of ownership of the property takes effect. Sometimes, the exchange and completion will be simultaneous. However, in many instances there may be around two weeks between exchange and completion, to allow all parties to finalise arrangements such as removing your belongings and arranging to take readings from the energy meters.
  • Post-completion – after the completion, there is still work to be done, including submitting the relevant paperwork to Land Registry.

This is a simple overview of the process and we can explain the rest of the process before you choose whether or not to instruct us. We’ll then explain what we need from you at each step as the sale progresses.

If you’re also buying a property, we can advise you on the purchase and start a file for you on both the sale and purchase, invoicing you for both when your move is completed.

 

What does Residential Conveyancing cost for my house sale?

The legal costs involved in a house move are:

  • Disbursements – These are external costs for searches and other processes we need to carry out on your behalf. We arrange these directly with the relevant providers and pass these costs on to you. If you are only selling your house (and not buying another one) there will be fewer disbursements, but some will still be payable. We will explain all of these costs up front before you decide to instruct us and add them to your invoice. It’s important to know that these are not refundable if your transaction doesn’t go ahead.
  • Our Legal Fees – Our fees relate to the time we spend working on your case. However, we recognise that you need to work to a budget for any property transaction, so we’ll usually quote you a fixed fee upfront and in some instances we will work on a ‘no move, no fee’ basis (although disbursement costs may still apply).

If you’re looking to sell and have found a buyer, contact us today and we’ll provide you with a clear, detailed quote so you can budget for your legal costs ahead of time.

 

What other legal services might I need?

After selling your house, you may feel that it’s a good time to arrange a will. Many people in the UK know the importance of having a will, but have yet to arrange one. We can also help you with a wide range of other legal services, including Personal Injury, Dispute Resolution, Debt Recovery and more.

 

How do I get advice on Residential Conveyancing for my house sale?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. We can provide a prompt quote to help you budget accordingly. We’ll then explain all the steps you need to take and all the relevant costs, before you decide whether or not to go ahead.

slider-conveyancing-scaled-aspect-ratio-1270-420

Remortgage Conveyancing Solicitors

If you’re re-mortgaging your house, we can provide the specialist legal advice you need to ensure that your re-mortgage goes smoothly. Whether you’re re-mortgaging to borrow more money, to get a more competitive interest rate, to remove someone from the mortgage or any other reason, we can help you. We’re experienced in helping both owner-occupiers and landlords with the legal aspects of re-mortgaging their properties.

Our specialist team advises clients in different languages on a wide range of legal matters, including residential conveyancing. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How long does conveyancing take for a re-mortgage?

The answer to this question will vary, based on your circumstances and the way that your current and new mortgage lenders operate. However, if the transaction is purely a re-mortgage with no sale or purchase of another property your case should be much simpler than a house move.

Timescales should therefore be much shorter and we will look to give you a realistic indication of timings at the outset.

 

What does Residential Conveyancing cost for a re-mortgage?

The legal costs involved in a re-mortgage consist of:

  • Disbursements – These are external costs for searches and other processes we need to carry out on your behalf. We arrange these directly with the relevant provider and pass these costs on to you. We will explain all of these costs up front before you decide to instruct us and add them to your invoice. It’s important to know that these are not refundable if your re-mortgage doesn’t go ahead.
  • Our Legal Fees – Our fees relate to the time we spend working on your case. However, we recognise that you need to work to a budget for any property transaction, so we’ll usually quote you a fixed fee upfront.

If you’re sure that you wish to re-mortgage your property, contact us today for a quotation on the conveyancing work you need. We’ll explain the process and all of the relevant fees upfront, so you can make an informed decision as to whether or not you’d like to work with us.

 

What other legal services might I need?

Once the re-mortgage is completed you may feel that it’s a good time to arrange a will. Many people in the UK know they need to arrange one, but most of them have yet to arrange one. We can also help you with a wide range of other legal services, including Personal Injury, Dispute Resolution, Debt Recovery and more.

 

How do I get advice on Residential Conveyancing for a re-mortgage?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. We can then provide you with a prompt quote to help you plan ahead. We’ll then explain all the steps you need to take before you decide whether or not to go ahead.

slider-conveyancing-scaled-aspect-ratio-1270-420

House Purchase Solicitors

If you’re looking to buy a house, we can provide the professional legal advice you need to complete your purchase promptly and smoothly. Our conveyancing specialists have helped many clients and can explain the steps you need to take to ensure that your purchase goes ahead as smoothly as possible.

Our specialist team advises clients in different languages on a wide range of legal matters, including residential conveyancing. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What do I need to consider when it comes to conveyancing for my house purchase?

Once you’ve made the big decision to move, you’ll probably want the move to go ahead as quickly as possible. It’s important to start the legal process as soon as you can and be aware of the key steps along the way, such as:

  • Pre-exchange – at this stage, we will work with you, your mortgage lender and the seller of the property to prepare a contract and ensure that the lenders have everything they need, which typically includes a valuation survey.
  • Exchange of contracts – once all parties are agreed, we will exchange contracts with the other party. This is a crucial stage of the process as it is the point where you formally commit to completing the transaction.
  • Completion – at this stage, the transaction is complete and the change of ownership of the property takes effect. For some transactions, the exchange and completion will be simultaneous. However, in many instances there may be around two weeks between exchange and completion, to allow all parties to finalise arrangements for practicalities like removal firms.
  • Post-completion – after the completion, there is still work to be done, including paying your Stamp Duty on your behalf and submitting the relevant paperwork to Land Registry.

The process will also vary slightly depending on whether the property you buy is freehold or leasehold and we will explain the process fully when providing a quote. The above is a simplified overview of the process, but as you can see there is a lot of work involved so it pays to work with experienced professionals for your house move.

If you have a property to sell in order to buy your new one, we can also advise you on selling your home. For this, we will also work with the solicitors of your home’s buyers and find agreeable dates for all parties for the exchange of contracts and the completion.

 

What does Residential Conveyancing cost for my house purchase?

The legal costs involved in a house move are:

  • Disbursements – These are external costs for searches and other processes we need to carry out on your behalf. We arrange these directly with the relevant providers and pass these costs on to you. We will explain all of these costs up front before you decide to instruct us and add them to your invoice. It’s important to know that these are not refundable if your transaction doesn’t go ahead.
  • Our Legal Fees – Our fees relate to the time we spend working on your case. However, we recognise that you need to work to a budget for any property transaction, so we’ll usually quote you a fixed fee upfront and in some instances we will work on a ‘no move, no fee’ basis (although disbursement costs may still apply).

If you’re looking to move and have all the relevant details of the property to hand, contact us today and we’ll provide you with a clear, detailed quote so you can budget for your legal costs ahead of time.

 

What other legal services might I need?

A house move is a big step and once it’s completed you may feel that it’s a good time to arrange a will. Many people in the UK know the importance of a will, but have yet to arrange one.

We can also help you with a wide range of other legal services, including Personal Injury, Dispute Resolution, Debt Recovery and more.

 

How do I get advice on Residential Conveyancing for my house purchase?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. We can provide a prompt quote to help you plan your house purchase ahead of time. We’ll then explain all the steps you need to take and all the relevant costs, before you decide whether or not to go ahead.

Litigation-Judge-scaled-aspect-ratio-1270-420

Rent Arrears Recovery Solicitors

If your tenants are in arrears on their rent for your rental property, you need to ensure that you take the appropriate steps to recover the money you are owed. Your tenants may still be in the property, or may have left already without paying you. Either way, we can help you determine the options available to you.

Our specialist team advises clients in different languages on a wide range of Property Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How do I go about recovering rent owed to me by a tenant?

First, you should look to negotiate directly with the tenant and try to resolve the problem amicably. Like most of our clients, you will probably have tried this approach already by the time you contact us. If so, we can then advise you on the right process to follow.

If the tenants have already left your property, the process is significantly easier if you have a new address for them. If not, it is possible to try to trace them, which is a logical first step in the process. If they can’t be traced, the chances of recovery will be low, and we would often advise against incurring more fees and simply writing the debt off.

However, if the former tenant can be traced, we can then advise on the next steps towards recovering the money. If you have an ongoing dispute with a tenant over rent arrears, we recommend that you contact us promptly to get specialist legal advice.

 

What other legal services might I need?

If you’ve yet to evict your tenants, we can also advise on Tenant Evictions. If you’d like to review your processes to help avoid similar disputes in future, we can also review your Tenancy Agreements.

 

How do I get advice on recovering rent arrears from my tenants?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Then we’ll recommend the best course of action and explain how we could help you. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

Litigation-Judge-scaled-aspect-ratio-1270-420

Tenant Eviction Solicitors

If you’re involved in a dispute with tenants at your property, which can’t be resolved, you may need to resort to eviction. Sometimes, eviction can be the only solution and it’s important that you stay on the right side of the law and manage the process carefully to avoid further complications.

Our specialist team advises clients in different languages on a wide range of Property Law matters including tenant disputes and evictions. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How do I go about evicting my tenants?

Like any legal process it’s best to start by trying to manage the process amicably with the tenants. For you to want to evict them, they may have damaged the property or fallen behind on their rent payments. It’s important that you remind them of their obligations under their tenancy agreement with you. That way, they can’t say later on that they weren’t aware of the reasons for their eviction.

If this doesn’t resolve matters, we can issue either a ‘Section 8’ or ‘Section 21’ notice. This is a formal notice issued to the tenants and enforceable by the courts. A Section 21 might be issued if the tenancy has simply expired, with no breaches of the agreement (rent arrears, damage to the property or anti-social behaviour would constitute a breach).

A Section 8 is more appropriate if there has been a breach as you can recover money for your lost rent. This notice can also be acted on more quickly, especially if anti-social behaviour is involved.

We can advise on the best course of action based on your circumstances. Ultimately, enforcement is the final option if your tenants still refuse to vacate the property. In practice though, it rarely comes to that and most disputes are resolved sooner than that. A lot will depend on the attitude of your tenants as to when and how the eviction is completed.

 

What other legal services might I need?

Our Property Law specialists can help with a wide range of other services, including Tenancy Agreements. Reviewing and updating your agreements can help reduce the risk of tenant disputes in the future.

 

How do I get advice on eviction of tenants?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Then we’ll recommend the best course of action and explain how we can help you. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

Rent-Deposit-scaled-aspect-ratio-1270-420

Tenancy Deposit Solicitors

If you’re leaving, or have recently left a rented property, you should be able to recover your deposit at the end of your tenancy, unless you breached the terms of your rental agreement, during your tenancy. Legal protection exists to help protect tenants against a landlord’s failure to return a deposit. We can help you determine whether or not you are entitled to the return of your deposit and how best to recover it.

Our specialist team advises clients in different languages on a wide range of Property Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What should happen to my deposit?

Since 2007, most private rentals have been covered by Government-approved tenancy deposit protection schemes. Within 30 days of starting your tenancy, your landlord should have paid your deposit into an approved scheme, and provided you with proof that it is protected.

After your tenancy ended, you should then have had your deposit returned by your landlord within 10 days, unless you breached your tenancy agreement. This can be breached by falling behind on your rent or bills or damaging the property.

If your landlord doesn’t return your deposit, they must substantiate their reasons for withholding it. The tenancy deposit protection scheme will retain the deposit until the dispute between you and your landlord is resolved.

 

What can I do if my landlord is withholding my deposit?

First you must determine how much you are entitled to receive. It could be the full amount, or they may have made deductions. To make deductions, they must be able to prove that you breached your agreement and that this resulted in a financial loss.

If you missed rent payments, their financial loss is straightforward to prove. If you caused damage to the property they should provide evidence of the costs they incurred – for example, bills for repairs or cleaning.

At the end of a tenancy, it is normal for wear and tear to carpets to have occurred and also for landlords to get the property professionally cleaned. However, they cannot withhold your deposit for cleaning or wear and tear, unless they can prove that this was excessive, such as badly-marked carpets or furnishings.

 

How do I get legal advice on recovering my rent deposit?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Whether your deposit was protected by a tenancy deposit protection scheme or not, we can advise on how best to proceed. If we think we can help you, we’ll advise you on the next steps to take and explain all of our fees fully, before you instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Tenancy Agreement Solicitors

If you’re letting, or looking to let a property, you need to be sure that the tenancy agreement is fit for purpose, gives clarity to you and your tenants, and helps avoid legal disputes during the tenancy. Getting the right agreement in place needn’t take long and is well worth the effort as it gives you peace of mind over your property.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What do I need to consider when it comes to drafting up a tenancy agreement?

Among other things, the right tenancy agreement should cover the following:

  • The address of the property
  • The names of all tenants
  • The amount of rent payable
  • A schedule of dates for rent payments
  • Tenants’ responsibilities
  • Landlord’s responsibilities
  • Additional charges for any damage
  • Right of access for inspections and maintenance of the property

All of the above and any other requirements of your tenancy agreement need to be carefully worded by an experienced property lawyer to help reduce the risk of costly, complicated disputes with your tenants.

 

What other legal services might I need?

All being well, with a proper tenancy agreement in place, there’s every reason your tenancy should run smoothly. However, if problems should arise the tenancy agreement will help you resolve the disputes, thanks to the clarity it provides. If your tenants refuse to act in accordance with the agreement, we can also help you with other services such as:

  • Rent recovery
  • Tenant evictions
  • Tenant deposits

If you’re already renting properties and have issues with any of the above, we’re happy to discuss your circumstances with you to see if we’re able to help you resolve any disputes.

 

How do I get legal advice on tenancy agreements?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss the circumstances of your property and details of your tenants with you. Then we’ll recommend the best course of action to create an agreement that will be effective for all parties. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

TUPEE-scaled-aspect-ratio-1270-420

TUPE Advice for Employees

If you have a new employer as a result of your previous employer being sold, or your work being contracted out to a different business, it’s vital to ensure that your employment rights are clear. The  Transfer of Undertakings (Protection of Employment) regulations – better known simply as ‘TUPE’ protect your employment rights. We can help you ensure that your rights are protected following a change of employer.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What is TUPE and when is it relevant?

Typically TUPE applies in instances where you change employers but essentially retain the same job. For example, your employer might be bought by a different company as part of a merger or acquisition. Or, your employer may choose to outsource your department to an external company, with all employees transferring across to the outsourced company and continuing to do the same work.

There are certain situations will not apply. For example, if another company simply buys shares in your employer without buying them outright, TUPE wouldn’t apply as you would still be working for the same employer.

TUPE ensures that your employment rights and your years of service (which can impact on your pension and any redundancy settlements) remain the same as they were before.

We can advise on whether you are entitled to TUPE protection and help you establish whether or not the change of employer has been handled correctly.

 

How do I get advice on TUPE for my change of employment?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The initial call is free and will help us determine whether or not you need any legal support. If we think you need legal advice of any kind, we’ll advise you of our fees before you decide to instruct us.

cotract-blue-scaled-aspect-ratio-1270-420

Settlement Agreement Advice for Employees Leaving a Business

If you’re being dismissed from your job by your employer, they may have asked you to sign a Settlement Agreement (sometimes referred to as a Compromise Agreement). This helps all parties to agree a way forward following your dismissal.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What is a Settlement Agreement and why am I being asked to sign one?

A Settlement Agreement is a written agreement between the company and you as the employee, to conclude your employment. It is instigated by the employer, but you both have the right to negotiate the terms until you reach an agreement. You don’t have to sign the agreement until you’re happy with it.

It will typically include:

  • A breakdown of any severance pay you will receive including payment for any untaken annual leave you may have accrued.
  • Confirmation of your termination date and any requirement to attend work.
  • Company property that you need to return.
  • Agreement that the company will provide you with a reference – you may even be able to agree a specific wording before you sign the agreement.
  • A confidentiality and goodwill clause to prevent you from telling anyone details of the agreement, or spreading negative word of mouth about the company.

When issuing a settlement agreement to you, your employer should also pay for legal advice for you. By getting your own independent legal advice, from a solicitor of your choice, you can be sure that you know what you are signing. Once the agreement is signed, you won’t have the right to take any further action in respect of your dismissal (such as claiming Constructive Dismissal or applying for an Employment Tribunal) so it’s vital that you understand the agreement fully.

 

How does a Settlement Agreement benefit you?

The agreement allows you to draw a line under your departure and start to look for your next role, with clarity over your financial settlement and the receipt of a reference.

 

How do I get advice on Settlement Agreements?

If your employer has asked you to sign a Settlement Agreement and offered to pay for legal advice, we can represent you and ensure that you are clear on what you’re agreeing to. Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you.

wage-disputes-scaled-aspect-ratio-1270-420

Wage Dispute Solicitors

If you’re in dispute with your employer about your salary, we can provide the professional legal advice you need to resolve the issue. It may have come to light that your employer has been paying you too low a wage, or it could be that they have made specific deductions that you don’t agree with. They might even have paid you late and failed to meet the payment dates specified in your contract.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

How can a wage dispute arise?

Any failure to pay you the right amount at the right time, could result in a pay dispute, such as:

  • Not paying your full salary
  • Failing to pay bonuses which you were entitled to
  • Making deductions from your pay which you feel are unfair or unwarranted

It’s important to point out that there may be instances where deductions from your pay are warranted, such as child support payments or industrial action. It can also be lawful for your salary to be reduced, provided that your employer has followed correct procedures for disciplinary or capability.

If for any other reason you’ve not received your full pay – especially if this has happened for a prolonged period – you may be entitled to back pay or compensation from your employer. We strongly advise that you seek specialist legal advice.

 

What should I do if I don’t agree with the amounts I have been paid?

You should raise it with your employer first and try to resolve the problem amicably. Make sure that you have your contract and pay slips to hand so that you can explain the discrepancies in your pay. You should have a copy of your employment contract, but if not you should be able to request a copy of it.

You will only need  to resort to legal action if your attempts to settle the dispute directly with your employer are unsuccessful. Wage disputes can go as far as an Employment Tribunal, but they are typically resolved before it gets to that stage.

 

What other legal advice might I need?

If you feel that the dispute over your pay amounts to discrimination, we can also advise you on this or constructive dismissal claim, which can sometime be the outcome of discrimination. If you feel that discrimination played any part in the dispute we recommend that you also raise this immediately with your employer. If the matter can’t be resolved with them you should seek legal advice promptly.

 

How do I get advice on my wage dispute?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Then we’ll let you know whether or not you have a valid case and explain how we might be able to help you. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Whistleblowing Advice for Employers

As an employer, you have many obligations towards your employees. Allowing them to alert someone to serious failings within the business, without fear of recrimination, is one such obligation. If they fear that the business, or individuals within it are operating in a way that is unlawful, they have a right to be able to report this without suffering any detriment as a result.

Our team of legal specialists offers advice to businesses on a wide range of Employment Law matters, in different languages. Call them on 0208 1111 911 or contact them through the website, for the professional, specialist legal advice that you need.

 

What exactly is Whistleblowing?

Whistleblowing means alerting someone of unfair or unlawful behaviour on the part of a company or individuals within it. A whistleblowing disclosure might be made to the senior management of a business in the first instance.

However, the information disclosed may actually relate to the the conduct of senior management. The disclosure might therefore be made to regulators, professional bodies, government departments or law enforcement bodies.

Another key principle of whistleblowing is that the person making the disclosure must suffer no personal detriment as a result. The Employment Rights Act 1996, includes guidance on whistleblowing:

“A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure”.

The disclosure must also:

  • Be in the wider public interest
  • Be made to an appropriate person or body
  • Be a ‘qualifying disclosure’- for example it may relate to a criminal offence, failure of a legal obligation, danger to human life or significant harm to the environment among other things.

If you have an issue with whistleblowing in the workplace, we can help you determine whether or not an issue amounts to a qualifying disclosure.

 

What other legal services might I need?

We can help you with a wide range of other legal services including Employment Law, Dispute Resolution, Debt Recovery, Commercial Property and more.

 

How do I get advice on whistleblowing for my business?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Then we’ll recommend the best course of action. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Restrictive Covenant Agreements

If your business relies on strong customer relationships or your staff handle commercially-sensitive information, a restrictive covenant can help you protect yourself against the negative effects of a key employee leaving your business.

Our experienced team of legal specialists advises clients in different languages on a wide range of legal matters, including Employment Law. Call them today on 0208 1111 911 to discuss your requirements.

 

What exactly is a Restrictive Covenant?

A restrictive covenant can take the form of a clause within an employee’s contract or may be a separate document issued only to specific employees. Either way, it is issued to help prevent the loss of key customers or information in the event of that employee leaving the business.

They are typically used in sales roles, senior client-facing roles, or where an employee has access to data or sensitive information. In some instances though, a certain level of restriction might apply to all employees of a business.

 

What is included in a Restrictive Covenant?

Below are examples of some of the more common clauses included in restrictive covenants:

  • Non-compete – This would prevent your former employee from working for a direct competitor for a reasonable period of time after their employment ends. The timescale needs to be realistic, because excessive clauses are seen as a restraint of trade and can be difficult to enforce.
  • Non-solicitation – This helps you protect your relationships with specific clients or customers. It would typically specify the clients that the employee cannot approach in their new role. This clause will usually be limited to clients they had a reasonable amount of contact with, and contain a reasonable time limit.
  • Confidential information – This can prevent the employee from taking and using key information in their new role, such as client or customer data, business plans or proprietary information.
  • Non-poaching – This clause makes it more difficult for the employee to take colleagues with them immediately to their new role. This too needs to have a reasonable, realistic time limit for the clause to be enforceable in practice.

Depending on an individual employee’s role, their level of knowledge and the types of clients they worked with, their covenant may include a combination of the above clauses.

 

How long can I restrict the activities of a former employee?

After leaving your business, your ex-employee still has a right to earn a living. Given the expertise they have already gained in your industry, it is also reasonable for them to continue their career with another company in your sector. Restricting their activities in your industry for more than a few months would more than likely amount to a restraint of trade.

Time limits are typically expressed in months – maybe three or six months – depending on the employee and the industry. For very senior roles such as directors – especially if they have access to confidential information and are key to the delivery of a particular service – it is possible to enforce a 12-month time limit

 

Do Restrictive Covenants really work?

There is a very common belief that restrictive covenants are ‘not worth the paper they’re written on’, but in reality they are regularly enforced by courts. Taking this into account – as well as the potential implications of a breach – they definitely should be taken seriously by all parties.

They won’t prevent your former employees from working for a competitor forever. What they can do though is buy you time to recruit a replacement, consolidate your relationships with existing clients and limit further staff departures to the same competitor.

 

If staff have a restrictive covenant, do I still need to put them on gardening leave?

‘Gardening leave’ refers to the employee sitting out their contractual notice at home on full pay. For example, if an employee resigns, giving three months’ notice, you will need to pay them for those three months, regardless of whether or not they come to work.

By asking them to stay at home, they won’t be in contact with your clients and won’t have access to confidential data or information. Whether or not you make them work their notice is a judgement call for your business to make.

By putting staff on gardening leave, you can recruit a replacement during their notice period. The time limit of their covenant then allows time for their replacement to build relationships with clients and get up to speed with their role, before your ex-employee can solicit them.

So in many instances, a restrictive covenant and gardening leave can be used together to help smooth out the impact on your business when a key employee leaves.

 

What other legal services might I need?

We can advise on a wide range of other Employment Law matters, and wider Business Law services such as Dispute Resolution, Commercial Property and more.

 

How do I get advice on restrictive covenants for my business?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Then we’ll recommend the best course of action to create restrictive covenant agreements that will be effective for your business. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

100-Equal-Pay-Advice-for-Equal-Pay-Advice-for-Employees-1-scaled-aspect-ratio-1270-420

Equal Pay Advice for Employees

If you feel that your pay and benefits are unfair in comparison to colleagues doing a similar type and standard of work, you may be entitled to make an Equal Pay claim against your employer. With the right professional legal advice, you can determine the facts and decide whether or not you think you have a valid case.

Our specialist team advises clients in different languages on a wide range of Employment Law matters including equal pay. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances.

 

How Equal Pay is calculated

In theory, aligning the salaries of people doing similar work is the simplest way of ensuring that equal pay is not an issue in the workplace. However, there are a number of complications when trying to ensure that employees at a similar level receive equal pay for the same work, such as:

  • Some workers will have greater experience or qualifications, meaning that they can carry our more complex work which could be more lucrative to the company.
  • Although it is referred to simply as ‘equal pay’ all other employment benefits such as company vehicles, gym memberships or private healthcare need to be taken into account.
  • Some employees will also benefit from performance-related targets.
  • Employees on a similar level often don’t know the pay and benefits that others within the business receive.
  • Your employers may have had to pay higher salaries to recruit your colleagues if there was a skills shortage in your sector at the time.

For all of these reasons, and more equal pay claims are complex and can be difficult to prove. However, they can be successful and if you have reason to believe that your pay and benefits are lower than they should be compared with colleagues, we recommend that you seek legal advice.

 

What might an Equal Pay claim be worth to me?

The amount you may be entitled to will vary, based on a number of factors, including the amount of the disparity, the similarity of your work to that of your better-paid colleagues and the strength of any defence put forward by your employer.

 

How do I get advice on making an equal pay claim?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Then we’ll recommend the best course of action, whether or not you have a valid claim and how we might be able to support you in your claim. The initial call is free and we’ll advise you of our fees and how they might be funded, before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Breach of Employment Contract Advice for Employers

As an employer, your employees place a massive amount of trust in you and expect to be treated fairly. If you breach their contract of employment, the implications for you are potentially very serious.

Depending on the nature and cause of the breach, at the worst case it could result in a claim for Constructive Dismissal and possibly an Employment Tribunal.

Our specialist team provides Employment Law advice in different languages, including advice on breaches of employment contracts. Call them on 0208 1111 911 to discuss your circumstances.

 

How does a breach of employment contract arise?

Your employees should all have a written contract of employment. This will typically be a standard wording which is issued to everybody, but key employees may have their own bespoke contract with slight variations in the terms of their employment.

You may also have a staff handbook which you issue to all staff, to explain your internal procedures in more detail. Any variations to an employee’s contract (such as wage increases or changes to place of work or hours for example) may be formalised through an ad-hoc letter to be retained on their HR file.

Broadly speaking there are two types of breach that can arise in an employment contract:

  • A breach of an express term, which means failing to comply with something written into the contract of employment. For example, you may discipline someone without following your disciplinary procedure properly.
  • A breach of an implied term, which is not written into the contract but should be a reasonable expectation from employees, or is a statutory right. For example, they may suffer discrimination or be affected by health and safety failings.

If your employee is aware of the breach, or has it brought to their attention by their own legal adviser, this could be a potential legal problem for you.

 

What could the implications of a breach of contract be?

It is possible that a breach of contract could happen quite innocently, with neither the employee nor the employer becoming aware of it, in which case it wouldn’t become a problem. For example, you may have a written policy that all job vacancies will be advertised internally and forget to do so before appointing an external candidate.

Any employee looking to take action against you for a breach of contract must demonstrate that they have suffered in some way as a result of the breach, such as a financial loss, loss of reputation or significant distress. If they are able to prove this, some of the possible outcomes are:

  • A Constructive Dismissal claim if the employee feels that they have no alternative but to resign after unfair treatment.
  • Wrongful or Unfair Dismissal if you fail to follow procedures correctly in the dismissal of an employee, or they can demonstrate that they experienced discrimination in the workplace.
  • An Employment Tribunal if either of the above are proven.

If you have any reason to believe that you may have breached the contract of one or more employees – especially if it has been brought to your attention by an employee – we strongly recommend that you seek Employment Law advice.

 

What other legal services might I need?

If you think you have breached an employee’s contracts it’s highly likely that you would benefit from some general Employment Law advice, to ensure that your employment contracts and employment procedures are fit for purpose. This can help you anticipate and avoid any further breaches and employment issues. Problems can arise when procedures are not carefully drafted and reviewed regularly.

We can also advise on a wide range of other Business Law matters, including Dispute Resolution, Debt Recovery, Commercial Property and more.

 

How do I get advice on breaching an employee’s contract of employment?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Then we’ll recommend the best course of action. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

110-Redundancy-Advice-for-Employees-scaled-aspect-ratio-1270-420

Redundancy Advice for Employees

If you’re being made redundant by your employer, we can provide the professional legal advice you need to ensure that the process is handled fairly and that you get what you are entitled to. Unfortunately, redundancies can arise when a business needs to make efficiencies, but your employers must follow the correct procedures.

Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.

 

What do I need to consider about my redundancy?

Although it can be a difficult and stressful process to go through, most redundancies are handled fairly and correctly by employers, especially if they receive professional legal advice of their own. However, in some instances employers don’t follow the correct procedures or handle redundancies unfairly.

Depending on your situation and how long you have worked for the company, you could be entitled to claim Wrongful or Unfair Dismissal. If you have evidence that you have been discriminated against as part of the process, you have a statutory right to kept safe from discrimination and should seek legal advice.

If you have been asked to sign a Settlement Agreement following the redundancy, your employer should pay for you to receive independent legal advice. If this is the case, we can provide this advice for you to ensure that the agreement is fair.

 

How do I get legal advice about my redundancy?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The initial call is free and if we think you need further advice or support from us, we’ll advise you of our fees before you decide to instruct us.

harassment-scaled-aspect-ratio-1270-420

Workplace Harassment Solicitors

If you’re suffering from harassment or bullying in the workplace it can be very difficult to know what to do about it. Laws are in place to protect you though, so there is no need for you to experience unfair treatment without seeking help to resolve the matter.

Our experienced team provides specialist legal advice in different languages to clients on a wide range of different legal matters. This includes employment law advice such as bullying and harassment. They can help you establish the facts of your case and agree a way forward.

 

What constitutes bullying and harassment?

It is perfectly normal for conversations in the workplace to become personal as well as professional and it’s common for some dialogue to involve a certain amount of pressure to get the job done.

However, there comes a point where certain behaviour towards you as an employee is not acceptable in any context, be that in the workplace or in wider society.

Workplace discrimination is one example of harassment. This occurs when you feel that  you are being treated unfairly, based on a ‘protected characterisitc’ such as your gender, race or sexual orientation among others.

A broader definition of bullying and harassment can include:

  • Excessive criticism, especially in meetings or in front of a lot of colleagues
  • Threats over your job security or continued employment
  • Verbal abuse including racial or sexual references
  • Unfair exclusion from meetings, emails or team activities

These are just a few examples of bullying and harassment. If you’re experiencing something other than the above, which leaves you feeling that your job is not secure or that you are being unfairly treated, you should take steps to resolve it.

 

What should I do if I’m being bullied or harassed in the workplace?

If you feel that you are being treated unfairly in any way, we recommend that you try to resolve the situation amicably first and seek legal advice if you’re unable to resolve the situation this way.

Such treatment can be very distressing which makes it hard to think rationally. However, it’s important to try to establish facts if you want to resolve the matter through legal action so you should keep records of dates and times and the nature of any unfair treatment you have experienced in the workplace.

At some point it’s likely that you will need to put something in writing to support your claim, so a detailed factual account of events can help your case. You will need a lot of detail, because a certain amount of ‘banter’ in the workplace and pressure to do the job well are acceptable. However, you will need to be able to demonstrate that behaviour in the workplace has gone beyond what is acceptable and become unlawful.

Your employers are likely to have a written policy for bullying and harassment so if you do raise a fomal complaint, they have a duty to respond to it thoroughly. Failure to do so could breach your contract, leaving you entitled to claim for Constructive Dismissal.

Even if they don’t have a policy for bullying or harassment, if you have been discriminated against on the basis of a ‘protected characteristic’, this will amount to discrimination. The Equality Act 2010 protects you against such behaviour, regardless of your company’s internal procedures.

 

How do I get advice on bullying and harassment at work?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. Then we’ll recommend the best course of action to resolve your issue. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Employment Discrimination Law Solicitors

Your employees are protected against many forms of discrimination in the workplace by the Equality Act 2010. This is an important piece of legislation which you must address when drafting and updating your employment contracts and procedures.

Claims for discrimination can be very emotive and can harm your business in many ways, especially if they are not acknowledged and handled fairly and appropriately. Our experienced team can advise on a wide range of Employment Law matters – including discrimination – in different languages. Call us on 0208 1111 911 or contact us through the website.

 

What forms of discrimination might my employees experience?

Any discrimination they experience will usually relate to one or more of their ‘protected characteristics’. These are personal attributes on which it is unlawful to discriminate against someone. The characteristics are:

  • Age
  • Disability
  • Gender reassignment
  • Marriage or Civil Partnership
  • Pregnancy or Maternity
  • Race
  • Sex
  • Religion or Belief
  • Sexual Orientation

The Equality Act 2010 protects people against discrimination based on any of the above characteristics throughout their everyday life. The workplace is no exception, so even if no mention is made of discrimination in your employment documents or procedures, this statutory right to avoid discrimination is effectively an implied term of all employees’ contracts.

As an employer, you need to ensure that your employees do not discriminate and such a way and that you have clear procedures in place to respond to and investigate any complaints fully.

 

How does discrimination arise in the workplace?

There are a number of ways that discrimination can arise. These include:

  • Harassment and abuse which can leave victims upset or intimidated
  • Direct discrimination, such as not employing someone based on a protected characteristic
  • Disability discrimination such as not employing a disabled person or failing to make reasonable adjustments to enable them to do a job. There are some valid defences against claims if a genuine business need can be established.

These are just a few examples of discrimination in the workplace. If you have received any claims for discrimination, based on a protected characteristic we strongly advise that you seek legal advice to discuss the circumstances of the claim.

 

How can legal advice help me reduce the risk of discrimination?

If discrimination within your business has been alleged, we can help you ensure that you respond to the claim. Also, although your employees are all automatically entitled by law not to be discriminated against, you should still have clear, written procedures to help you deal with discrimination claims, which we can advise on.

 

How do I get advice on workplace discrimination for my business?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your business with you. Then we’ll recommend the best course of action to ensure that you remain compliant and can effectively handle any claims for discrimination fairly. The initial call is free and we’ll advise you of our fees before you decide to instruct us.

091-Employment-Law-for-Employers-scaled-aspect-ratio-1270-420

Constructive Dismissal Advice for Employers

If an employee claims for Constructive Dismissal against you, it’s vital that you get the specialist legal advice you need promptly from an experienced employment lawyer. You need to establish the full facts to determine whether or not your handling of the employee amounts to Constructive Dismissal.

We can help you defend the allegation and also advise on your employment procedures to help you avoid similar claims from employees in the future. Our team includes Employment Law specialists and can advise clients in different languages on a wide range of legal matters. Call us today on 0208 1111 911 or contact us through the website.

 

What is Constructive Dismissal?

An employee may allege Constructive Dismissal if they feel that your actions gave them no option other than to resign. In such cases there is no dismissal, because the employment is ended by a resignation instead. However, the employee may feel that their position in the company became untenable as a result of your actions.

Proving Constructive Dismissal is far from easy – your ex-employee must prove that you breached their contract of employment. This can happen by breaching an express term of their contract, or an implied one.

The following examples, illustrate how each can arise:

An express term of their contract means something that is specifically written into it, such as:

  • Reducing their pay without following pay review procedures
  • Demoting them without consulting with them or going through disciplinary or capability procedures
  • Failing to follow your own procedures such as anti-bullying if an issue had been reported by the employee

An implied term is one that isn’t written into their contract but which you should reasonably be expected to observe, such as:

  • Changing their work or working conditions so that it contravenes Health & Safety legislation
  • Humiliating them in front of more junior colleagues (which can amount to a breach of mutual trust and confidence).

Regardless of whether the breach is of an express term or an implied one, the employee must prove a breach and the evidence must be compelling. For example, the fact that they are unhappy or stressed at work is not enough and a minor argument in the workplace does not constitute humiliation. However, if you feel you may have breached an employee’s contract in such a way, we strongly advise that you take legal advice at the first opportunity.

 

What other legal services might I need?

As a business, you have other Employment Law needs, such as Drafting Employment Contracts, Settlement Agreements or TUPE among others. You may also need advice on Commercial Property or Commercial Law or Corporate Law. We can help you with these and a wide range of other legal services for your business.

 

How do I get advice on Constructive Dismissal for my business?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The initial call is free and we’ll advise you of our fees before you decide to instruct us. Depending on the specifics of your case, we may advise you how to respond to the claim. If we don’t feel that your employee was constructively dismissed, we can still advise you on your current procedures to help avoid similar incidents in the future.

Unfair-or-Wrongful-Dismissal-Advice-for-Employees-scaled-aspect-ratio-1270-420

Unfair or Wrongful Dismissal Advice for Employees

If you’ve been dismissed by your employer and feel that the dismissal was unfair, you may be able to claim for Unfair Dismissal or Wrongful Dismissal. It’s vital that you get specialist, professional legal advice to determine whether or not this has been the case. We can help you by providing free initial advice based on your circumstances.

Our specialist Employment Law team offers advice in different languages on a wide range of legal matters, including unfair and wrongful dismissal. They will discuss your case with you and can advise on the best course of action. Call them on 0208 1111 911 or contact them through the website.

 

What exactly are Wrongful and Unfair Dismissal?

Unfortunately, dismissals are commonplace in business and in most cases are carried out fairly. An employer can dismiss employees through disciplinary or capability procedures, or by making their role redundant, either as a one-off or as part of a wider programme of redundancies. In all instances, the employer has to be able to prove that they followed a fair process to arrive at the decision. Otherwise, they could leave themselves open to a claim of unfair or wrongful dismissal.

Wrongful Dismissal means that your employers didn’t follow their own procedures correctly before making a dismissal. For example they might not follow their own disciplinary procedures, which could amount to a breach of your contract.

Unfair Dismissal means that rather than your contract being breached, your employer breached a statutory right you have under the Employment Rights Act 1996. To claim for unfair dismissal, you must have worked for your employer for just under two years (the exact amount is two years minus one week). It is fair to dismiss you based on a number of different grounds and we can advise whether or not we think the reasons given for your dismissal are fair.

In a small number of instances, the dismissal might be found to be ‘automatically unfair’

 

What is Automatically Unfair Dismissal?

In some instances, the dismissal may breach your basic statutory rights. This is deemed to be automatically unfair regardless of the procedures that were followed. The requirement for two years’ service (minus one week) does not apply to automatically unfair dismissals, so any employee can claim if they have grounds to do so.

Automatically unfair dismissal can arise if you can prove that you were dismissed on the basis of:

  • Discrimination under the Equality Act 2010
  • Flexible working arrangements or requests
  • Rights under the Working Time Regulations
  • Seeking to assert a statutory right such as National Minimum Wage or safe working conditions
  • Taking compassionate leave
  • Whistleblowing

If you feel that you’ve suffered such discrimination as part of your dismissal, contact us for free initial advice on your circumstances.

 

How do I get advice on Wrongful or Unfair Dismissal?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The initial call is free and if we think you have a valid case and we can help you, we’ll advise you of our fees before you decide to instruct us.

070-Defective-Goods-scaled-aspect-ratio-1270-420

Faulty Goods Compensation Claims

If you’ve purchased goods which turn out to be faulty.

Our specialist team provides expert legal advice in different languages to clients who have been involved in medical negligence claims, including orthopaedic injuries. They operate on a No Win No Fee basis, meaning that you won’t pay any fees unless your case is successful.

 

What are my rights as a consumer when I buy goods?

Under the Sale of Goods Act 1979, it is implied that any goods sold to you must be as described, fit for purpose and must actually belong to the business selling them to you. These definitions will be based on what a reasonable person would expect, taking into account the way the goods were described and the price you paid for them.

If you are not satisfied with the goods it’s important to act as quickly as you can to advise the seller and start to look for a legal remedy. If you report a fault months after purchasing the goods, the seller could allege that you have caused the damage.

If goods are faulty, you have a right to reject or return them and receive a full refund. This would put you back in the position you were in before entering into a contract to buy them.

However, if you have suffered financial losses as a direct result of the faulty goods, (for example if they damaged your personal property) you may be able to claim compensation as well as your refund.

If you or anyone else suffers a physical injury or is killed by faulty goods, this would be classed as a defective products liability claim and would be dealt with by our Personal Injury team.

 

How do I begin a compensation claim for faulty goods?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. There’s nothing to pay for the first call. If we think we can help you, we’ll explain our fees to you in advance so you can make a decision on whether or not to work with us.

069-Unsatisfactory-Holiday-scaled-aspect-ratio-1270-420

Holiday Misrepresentation Claims

You spend a lot of money on holidays and look forward to a relaxing break. If your holiday falls short of expectations, you have every right to feel aggrieved and to expect to be compensated. We can help you make a case for compensation and advise you how best to claim for it.

Our specialist team provides expert legal advice in different languages to clients who have been involved in a wide range of matters, including consumer disputes.

If your holiday was affected by an accident, illness or injury, we also advise on package holiday compensation to help you recover any financial losses incurred as a result.

 

What could be considered as misrepresentation of a holiday?

If important parts of your holiday were not as expected, this will more than likely amount to a breach of contract, especially features that would normally be seen as a central part of the holiday experience, for example:

  • Swimming pools being closed, or overcrowded due to partial closures
  • Restaurants closed or not offering all-inclusive food
  • Accommodation being smaller or of lower quality than shown in brochures
  • Entertainment or excursions not taking place

There could be occasions where a facility has to be closed for a genuine emergency. However, if closures happen for another reason, such as staff shortages, the tour operator is still failing to fulfil the contract and you should consider claiming compensation.

Tour operators have a duty to accurately describe what you will receive. Brochures and other marketing materials that you rely on before deciding to book, must be accurate and reflective of the current facilities.

 

What can I do if my holiday fell short of expectations?

While you are still on your holiday, you should bring your concerns to the attention of a representative or other contact at the destination. You could also consider contacting the tour operator or travel agent. That way, you have a better chance of getting more enjoyment out of your holiday and can deal with any lingering issues when you return.

You should also gather what evidence you can, such as photos or videos and speak to others at the destination who may have been similarly affected. If you incur any additional expenses, need medical treatment or have to travel anywhere as result of the problems you experienced, keep records and receipts of all of these.

 

How do I begin the process of claiming compensation for an unsatisfactory holiday?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. We’ll let you know whether or not we think you have a valid claim and explain our process to you. The first phone call costs nothing and we’ll clearly explain any fees you may need to pay in advance, so you can decide whether or not to work with us on your claim.

068-Property-Misrepresentation-Claims-scaled-aspect-ratio-1270-420

Property Misrepresentation Solicitors

Buying a house can be complicated and stressful, even when the move goes well. However, if you’re unhappy with your property and feel that the seller of the house was dishonest in the process of the purchase, you may be able to claim for property misrepresentation.

Our specialist team provides expert legal advice in different languages to clients who have been involved in a wide range of property legal matters, including disputes over the sale or purchase of properties.

 

What is property misrepresentation?

In the course of a property transaction, it’s inevitable that the buyer and seller will exchange a great deal of information about the house. It’s likely that others may be part of this process, such as estate agents who prepare details of the house to show on their website or to hand out to prospective buyers.

If the seller, their estate agent or both of them gave incorrect or inaccurate information in the course of the sale of the house, this could mislead you as the buyer. If this information influenced you in your decision to buy the property, this could amount to property misrepresentation.

 

How does property misrepresentation occur?

The information exchanged during a property transaction can include subjective information. For example, the estate agent’s website might describe the house as being “beautifully appointed” or “full of character”. Neither statement could be substantiated and it is up to the buyer to view the property and decide how they feel about.

However, a lot of the information provided by the seller is factual, specific and does form part of the legal process of buying the house. Pre-contract enquiries are how the buyer and seller exchange information about the house. The Property Information Form is a key part of this process. Many solicitors use standard forms provided by The Law Society. These include a warning to the seller of the importance of providing accurate information.

These forms are at the heart of most property misrepresentation claims. Because they are written, they provide very specific information and they contain clear warnings, inaccuracies on this form are relatively easy to prove and harder for the seller to defend.

Misrepresentation can also arise from any other form of communication during the transaction, including face to face conversations. However, unless backed up in writing, these can be inherently much harder to prove.

If a misrepresentation has been made during the purchase of a property, you will also need to prove:

  • That the false information given had a material effect upon your decision – for example had you known the truth would you have still bought the property or would you have offered less for it?
  • That you have suffered in some way as a result of the misrepresentation, such as a financial loss.

If you believe that you have suffered financially or in any other way after buying or selling a property, we recommend that you seek legal advice at the first opportunity.

 

What could the outcome be for property misrepresentation?

In extreme cases, courts can order a rescission of the contract – ordering both parties to effectively “undo” the transaction and be returned to the position they would otherwise have been in. However, such a drastic measure is very rare.

Courts will always look to agree a fair level of damages instead. For example, if the correct information would’ve led you to offer less for the property, payment of damages. Only if damages couldn’t possibly compensate for the misrepresentation, would there be a possibility that the contract might be rescinded.

 

How do I start the process of claiming for property misrepresentation?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. On the first call, we should be able to tell you whether or not we think the representation is sufficiently serious to require legal action.

property-dispute-scaled-aspect-ratio-1270-420

Property dispute solicitors

If you’re involved in a property dispute with a neighbour, tenant, landlord, local authority or anybody else, we may be able to help you resolve the dispute amicably. The dispute could be spoiling your enjoyment of your property or affecting your finances, so the sooner you resolve it, the sooner you can get back to normal.

Our specialist team provides expert legal advice in different languages to clients on a wide range of legal matters, including property disputes. They can advise the best course of action, with no upfront fees. If we think we can help you, we’ll explain any fees up front before you decide whether or not you’d like us to help you settle your dispute.

 

What sort of property disputes can arise?

Disputes over property can be very varied in terms of their nature and complexity. It may be something as simple as a minor boundary dispute, right through to a dispute over the ownership of a property. The most common disputes include:

  • Transfer of ownership disputes
  • Boundary disputes
  • Rights of Way
  • Damage to property including tree root damage
  • Access to Neighbouring Land Act
  • Party Wall Act/building disputes
  • Nuisance neighbours
  • Breach of Covenant
  • Adverse Possessions claims

If you’re experiencing any of the above or any other form of property dispute, we may be able to help you resolve it. Our team includes specialists in dispute resolution, with a great deal of experience in property disputes like these.

If you’re a tenant with a deposit dispute, see our specific page about how we could help you reach an agreement with your landlord.

 

How can legal advice help with my property dispute?

By discussing the details of your dispute with you, we’ll be able to advise you on the next steps. In the first instance, we may simply advise you to try and settle the dispute amicably with the other party first, if you’ve not done so already.

If we feel that you could benefit from some legal advice, we’ll then discuss that with you and advise you of our fees at that stage. There is nothing you need to pay upfront and you won’t be charged for that first call.

 

How do I begin resolving my property dispute?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. It’s really important that we do this so that we can be sure that any advice we give is appropriate to your situation.

064-Car-Finance-Disputes-scaled-aspect-ratio-1270-420

In the UK, the vast majority of new vehicles – even for private individuals – are funded by finance or leasing. It makes a brand-new car much more affordable and gives you options to change cars regularly. However, there can be pitfalls and penalties, and if you’re dissatisfied with your car or have been charged a fee you weren’t expecting, you may need to take legal action by consulting professional car solicitors.

Our specialist team provides expert legal advice in different languages to clients who have been involved in a wide variety of legal matters, including car finance complaints. You can discuss your case with our car finance solicitors with no upfront costs. Any fees will be explained to you in advance before you need to instruct us to act for you.

 

How Are Cars Financed?

 

There are different ways to finance your car, and each comes with its own risks in terms of the disputes that may arise. The most popular forms of car finance are:

  • Personal Contract Purchase (PCP) – you pay a set fee each month for a defined period of time. At the end of the contract, you can pay a final figure to buy the car outright (often known as a balloon payment) or simply hand the car back.
  • Personal Contract Hire (PCH) – you pay a set fee each month (typically with a larger first payment). You never own the car and must hand it back at the end of the contract.
  • Hire Purchase (HP) – you pay a set amount each month, and at the end of it, you will own the car outright. This is essentially a traditional car loan, and some customers choose this method for its simplicity.

All three methods are commonly used with brand new cars, with PCP being the most common among consumers. All three can also be used for used cars, although leasing (PCH) is a lot less common in the used car market. These different finance methods give you a wide range of different options to suit your needs.

 

How Do Car Finance Disputes Arise?

 

The main areas of dispute on car payments include:

  • Termination charges – most people understand that failing to make payments can mean termination of the contract, loss of the car and financial penalties. However, some people dispute the amount of these penalties or claim that they weren’t made clear in the contract.
  • Mis-selling of finance – if you were sold a particular finance method without a full and thorough explanation, you may be entitled to compensation. Before 2021, some motor traders also had the flexibility to set their own interest rates, which the FCA has now banned.
  • Faulty vehicles – your rights can vary based on your finance method, the nature of the fault, and when it first arose, but you may be able to return the vehicle in certain circumstances.
  • Excess mileage – PCH and PCP deals are based on an agreed annual mileage. You may be charged a fee per mile for any mileage above this figure. This too should be communicated clearly at the outset.
  • Damage or excessive wear and tear – all cars show some signs of wear and tear after a few years of use. However, if your car has excessive wear and tear or damage, you can be charged for this when handing the car back.

If you’ve experienced any of the above or any other form of car finance dispute, we strongly recommend that you contact car dispute solicitors for legal advice. You should do so at the first opportunity, in case of any time limits.

 

We Can Help with Car Finance Complaints

 

Our team of experienced car purchase solicitors is dedicated to providing comprehensive assistance for individuals facing challenges with their car finance agreements. We understand the complexities and nuances of the automotive financing industry and are committed to advocating for our clients’ rights. Whether you’re dealing with issues related to misleading terms, unfair practices, or contractual disputes, our skilled car solicitors possess the legal expertise to navigate the intricacies of car finance complaints.

Our dedicated solicitors for car problems prioritise open communication, ensuring our clients are informed every step of the way, and we strive to achieve the best possible outcomes through negotiation or legal proceedings. Trust us to be your advocates in resolving car finance disputes and protecting your interests.

 

How Do I Get Advice for a Car Finance Dispute?

 

Call us on 0208 1111 911 or contact us through the website, and we’ll discuss your circumstances with you. A quick initial call usually takes about 15 minutes and will cost you nothing. From there, we can advise on the best course of action, and if we think you need legal representation, we’ll transparently outline all associated fees upfront. This way, you can make an informed decision before getting further legal assistance from our car finance solicitors.

New-Build-House-Problemss-scaled-aspect-ratio-1270-420

Buying a modern house is a chance to get your ideal home just how you like it. Thankfully, the vast majority of buyers are delighted with their purchase, and their ‘snagging list’ of minor defects is usually quick and easy for the builders to put right before they move in. While construction standards are getting higher, complaints about new build houses are still quite frequent.

If, sadly, you are among those who have new build complaints and have failed to reach a satisfactory outcome with the builder, Litkraft Solicitors can provide the legal advice you need. Our trustworthy team of solicitors aims to make the process of new build problems compensation clear and simple for you. New build problems solicitors provide expert legal services in different languages to clients who have been involved in a wide range of legal matters.

 

What Sort of Problems and Defects Can Affect a New Build Property?

 

Just about any issue with a property – even something as minor as some incomplete plastering or a chipped tile – is a breach of contract, strictly speaking. While the builders usually deal with minor defects like these, some shortcomings can only be resolved by taking legal action.

More significant errors that could make you seek compensation for new build defects can include:

  • Structural Defects. Issues with the foundations, possibly putting the property at risk of subsidence, or issues with the walls, floors and ceilings.
  • Poor Workmanship. Uneven finishing throughout the house, such as plastering or bathroom fittings, or bad installation of the doors and windows.
  • Roofing Issues. Problems with the roof, including leaks, inadequate insulation, or poor-quality roofing materials.
  • Heating and Plumbing Problems. Issues with the heating system, plumbing, or ventilation, including leaks, faulty boilers, or inadequate insulation.
  • Electrical Issues. Issues with the electrical wiring, outlets, or fixtures, including safety hazards or inadequate electrical capacity.
  • Fire Safety Concerns. Issues related to fire safety, including inadequate fire doors, faulty smoke detectors, or incorrect fire-resistant materials.
  • Landscaping and External Works. Problems with landscaping, driveways, or external structures, such as fences or outbuildings.

It’s important to point out that most new homes are covered by a 10-year warranty under the National House Building Council (NHBC) scheme. Depending on the nature of the defect and how soon you discover it, you may be entitled to claim under this scheme. However, if the builder still denies responsibility for the defect and ignores new build complaints, you may need some legal advice from trustworthy new build problems solicitors.

 

Our New Build Problems Solicitors Can Help You

 

Seeking compensation for new build defects shouldn’t be a stressful process. However, without the help of a professional solicitor it can be a tricky procedure. At Litkraft Solicitors, we will help you deal with all the necessary steps of the case filing process. They can include:

  • Issue documentation. Our solicitors for new builds problems will create a thorough record of the issues you’ve encountered. This may include photographs, written descriptions, and any relevant correspondence with the builder or developer.
  • Warranty review. As recent builds often come with warranties, such as the National House Building Council (NHBC) warranty in the UK, we will review the terms together to understand what is covered. This will help you have a smooth process of claim-making.
  • Legal action. If the builder or developer refuses to rectify your issues, with our expert solicitor’s help, you can seek legal action.
  • Record keeping. During the legal process, we will maintain detailed records of all communications, inspections, and any remedial work undertaken. This documentation may be crucial in filing your complaint about new built property and in court.

If you’re experiencing issues with your property and believe you may be entitled to compensation for builder mistakes, do not hesitate to contact our expert team of solicitors. Defective property, as well as defective products, can lead to personal injury cases.

 

Size of New Build Problems Compensation – for New Build Defects and Builder Mistakes

 

The compensation amount for property defects and builder mistakes can vary widely based on several factors. The specific circumstances of each case, the nature and severity of the defects, and the applicable laws and contractual agreements all play a role in determining compensation.

Only expert solicitors for new builds problems can objectively specify the likely compensation amount you can receive regarding the circumstances of the defects. Thus, our Litkraft Solicitors team of experienced lawyers can provide the legal help you need.

 

Where Can I Get Advice for a New Build House Defect?

 

Call us at 0208 1111 911 or contact us online and we’ll discuss the details of your circumstances. We will offer the best course of action after reviewing your personal circumstances. There’s nothing to pay upfront, and we’ll notify you of any fees before the agreement is made.

Our expert team will assess whether you might have a valid claim and make sure that in case you are claiming compensation from a house builder, processes will be as smooth as possible.

builder-disputes-scaled-aspect-ratio-1270-420

Disputes With Builders

If you find yourself in dispute with a builder, reaching a resolution can be very slow, unpleasant and stressful. Your home is usually your most valuable asset, so you want any building or renovation project to go as smoothly as possible, without delays. If things go wrong, professional advice can help you ensure you follow the right legal process and get the dispute resolved. We aim to make the process as clear and simple as possible for you.

Our specialist team provides expert legal advice in different languages to clients who have been involved in a wide range of legal matters, including disputes.

 

How can disputes arise?

There are many ways that a dispute can arise with a builder. Some builders – particularly smaller ones – can be relatively informal in terms of their documentation. Their quotes and specifications may not give much detail in terms of the timings, the specific materials used and the quality of the finished work.

Common examples of building disputes include:

  • Perceived delays in the completion of the work
  • Failure to complete the work
  • Disagreements over the quality and standard of the finish
  • Defective work such as a leaking roof
  • Not following the plans or designs agreed
  • Leaving the property unsafe or not secure

As these examples show, a lack of clarity and formality can cause, or aggravate disputes with a builder. It’s important to get as much clarity as you can from your builders so you’re both clear on exactly what is expected.

You also have a responsibility to do all that you can to make the project run smoothly. If for example you change your mind about minor details after the project has started, this may have an impact. You should make sure that you put such changes in writing and agree them with the builder, so that they can’t be used against you as part of the dispute.

 

How should I handle a dispute with a builder?

Ultimately, a dispute with a builder could end up in court. However, there is plenty you can do before that stage to try and avoid a court case, which can be more expensive for you as well as the builder.

  • Firstly, you should raise your concerns with the builder. Be specific and explain exactly where you feel their service has fallen below your expectations. If you have written quotations or a contract, refer back to these for examples of anything they have failed to do, or not done to the right standard. Put your concerns in writing in case you need evidence of this later on. Consider including any photos of defective work to clarify the points in your letter. Give them a reasonable time to respond and explain how they plan to rectify the problems.
  • Next you could consider speaking to another builder, especially if the current one denies any wrongdoing. You may have spoken to other builders for quotes before the work began or you may be able to speak to one locally. If you feel able to approach them, they may be able to give you a useful second opinion.
  • If you’ve had no response from the builder, or they have rejected your claims, it is best to raise a formal complaint. By this stage you’ll have most of the details already from your previous letter. You must clarify at this stage that you have tried to resolve things amicably but that this second letter constitutes a formal complaint. Include details of any losses, expenses or inconvenience you have incurred as a result of their defective work.

Following the above process will help your case and demonstrate to the court – should your case get that far – that you have acted reasonably and give the builder every opportunity to put things right.

As well as the above steps, you should retain any other documentation, emails or messages you have such as written quotations, agreed amendments or anything else relating to your project.

 

How do I get legal advice for a dispute with a builder?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The first call typically takes about 15 minutes and in that time we can usually determine whether or not we can help resolve your dispute, or we may even be able to advise on your next steps.

prof-neg-scaled-aspect-ratio-1270-420

Professional Negligence Claims

If you’ve placed your trust in a professional who let you down, it’s easy to feel despondent, not to mention being out of pocket. If you’ve been dissatisfied by the service provided by a solicitor, surveyor or any other qualified professional, you may be entitled to claim for professional negligence.

We understand that if you’ve been let down once by a professional already, you will need a lot of support and reassurance. We can discuss your circumstances with you and give our professional opinion on the service you’ve received. If we think you have a case for professional negligence we’ll advise the best course of action.

Our specialist team provides expert legal advice in different languages to clients who have been involved in a wide range of legal matters, including professional negligence. They operate on a No Win No Fee basis, meaning that you won’t pay any fees unless your case is successful.

 

What is Professional Negligence?

When you hire a professional, you do so because you need very specific knowledge or services and don’t have the expertise you need yourself. Most professionals, such as solicitors, architects, surveyors and accountants are very well-qualified and are regulated by well-established professional bodies. Typically, the service and advice they offer comes at a high cost and relates to something very important to you, such as your home, your family or your finances.

Professional Negligence typically arises from:

  • An error, such as giving you incorrect advice based on your specific circumstances
  • An omission, such as failing to give important advice or give warnings about potential risks you might face.

Either of the above can be considered a breach of the duty of care that a qualified professional owes to you as a client. Whilst they may be highly experienced and well-qualified, they should still get to know your situation and ensure that they tailor their advice and service to your specific needs. Failing to do this is how most Professional Negligence claims come about.

 

How could professional negligence affect me?

There are many ways that professional negligence can affect you including financially and emotionally.

 

What does a professional negligence claim entail?

The first stage is to discuss the problems you’ve experienced with us, which we recommend that you arrange as promptly as possible. Time limits will apply to any claims and it’s much easier to put a claim together when the fine details of the case are relatively fresh in your mind.

Among other things, we’ll discuss:

  • The service you expected and where you feel it fell short
  • Specific details of where you particularly feel that you were let down
  • Details of any correspondence you still have
  • Instances of financial loss, inconvenience, distress or any other ways you have suffered as a result of the professional’s conduct

No two professional negligence claims are ever the same. The details will vary, depending on your circumstances and the type of professional you have engaged. That’s why it’s important to seek specialist, professional legal advice at the earliest opportunity.

 

How do I begin a professional negligence claim?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The first call typically takes about 15 minutes and in that time we can usually determine whether or not it’s necessary to talk further and whether we think you may have a valid claim.

065-Insurance-Disputes-scaled-aspect-ratio-1270-420

Insurance Dispute Solicitors

If you’ve taken out insurance only to find that a claim is refused or the settlement is inadequate, it can result in a very complex dispute. It’s hard to know how to resolve such a dispute with an insurer whose knowledge of the policy cover gives them such a significant advantage.

We can help you make sense of it all and advise the best course of action to help you resolve the dispute. If we feel there’s a way to get your claim paid or argue for a better settlement, we’ll explain what you need to do.

Our specialist team provides expert legal advice in different languages to clients on a wide range of legal matters. The initial call costs nothing, and we’ll explain any fees up front, so that you can make an informed decision on whether or not to work with us.

 

How do insurance disputes arise?

The test of any insurance policy is when you need to make a claim, so it’s no surprise that this is where most disputes come from. Your insurers may refuse to pay your claim at all, or they may pay out less than you were expecting. The reasons for this could include:

  • Your level of cover or sums insured were inadequate and they are scaling your settlement down accordingly.
  • You acted negligently or even caused the incident deliberately.
  • The information you provided at the inception of the policy or the most recent renewal is incorrect.
  • Your claim didn’t follow the right claims procedure, for example you reported it too late.
  • You didn’t comply with a specific term of the policy, for example you used your vehicle for business use without realising this wasn’t covered.

The insurer, broker or other intermediary should typically give you written confirmation of the reason behind the insurer’s refusal to pay the claim. This, together with your policy documents is what we will examine to see if we think you are entitled for your claim to be paid or your settlement increased.

 

What help can I get with insurance disputes?

Unfortunately, not all insurance disputes can be resolved in your favour. However, some claims can be open to interpretation. There may be some grey areas in the law and there may be evidence that certain policy conditions or limitations weren’t communicated clearly.

Having some specialist knowledge on your side can help level the playing field and give you a chance of your claim being paid, even if it’s been refused previously. We will look at the circumstances of your claim and let you know promptly whether or not we think you should argue for your claim to be paid out.

 

How do I begin resolving an insurance dispute?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The first call costs nothing and we can usually tell you within that call whether or not we think we can help you resolve the dispute. There are no upfront fees and we’ll explain our fees in advance to allow you to make an informed decision before instructing us.

tenant-dispute-scaled-aspect-ratio-1270-420

Tenant Dispute Lawyers

As a landlord, your properties are valuable long-term assets. Any tenant disputes you get involved with could impact on your rental income and also put your property assets at risk. Getting the right advice in a timely manner can help you protect your investments in the short and long term. More importantly, it can help you ensure that you stay on the right side of the law.

Our specialist team provides expert legal advice in different languages to help clients with a wide variety of legal matters, including property law for landlords.

 

How can disputes with a tenant come about?

Dealing with difficult tenants can be problematic, stressful and time-consuming. You may have entered into property ownership as a means of providing a relatively passive, low-risk income, so getting drawn into a dispute can be frustrating too. Some of the ways that this can happen include:

  • Your tenant could owe you rent and be refusing to pay
  • Your tenant might deny you access to the property for routine checks and inspections
  • Your tenant may have sub-let part of the property without consulting you
  • You may be in arrears with your mortgage on the property

These are just some of the more common causes of tenant disputes. If you’ve experienced any of the above or any other form of tenant dispute, contact us for professional advice and we’ll explain how we may be able to help.

At times, it can feel as though the law gives more protection to your tenants than it does to you as owner of the property, regardless of their conduct. We can help you navigate the law and find the right way forward in your dispute.

 

What are my duties and responsibilities as a landlord?

As a landlord, you have certain obligations towards your tenants. You may have more specific obligations written into the contract, but the following are reasonable assumptions for tenants to make about you and the property:

  • You will ensure that the property is fit for safe habitation
  • You are responsible for repairs to the structure and exterior of the property, heating and water systems and sanitary wear (unless they are deliberately damaged by the tenant)
  • Gas and electrical appliances supplied by you will be safe and well-maintained
  • Furniture and furnishings must have up-to-date fire safety accreditations
  • You must maintain common areas well (or contribute your share if you aren’t fully responsible for them).

As landlord, it’s reasonable that you should be allowed sufficient access to carry out necessary checks to ensure that you comply with the above, with prior notice.

 

What rights and responsibilities do tenants have?

The tenant must:

  • Pay their rent in full and on time, unless an exception is agreed with the landlord
  • Pay all agreed bills direct to suppliers (unless they are included within the rent)
  • Comply with all terms of the tenancy agreement
  • Use the property in a responsible way and take proper care of it
  • They have the right to quiet enjoyment of the property, so any inspections should be genuinely necessary and not be excessively long or frequent

If your tenants have failed to comply with any of the above, contact us for legal advice to help you avoid or resolve a dispute, so that you can continue to generate rental income from the property.

 

How do I get advice on my tenant dispute?

Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. There is no upfront cost – we’ll advise the best course of action with your dispute and then advise you of any costs before you choose whether or not to instruct us.

Rent-Deposit-scaled-aspect-ratio-1270-420

Moving out of a rented property should be straightforward, but many tenants face issues reclaiming their deposits. In the UK, strict regulations protect tenants, and Litkraft Solicitors specialises in helping those wrongfully denied their deposit navigate legal options and reclaim the money they are rightfully owed.

 

Tenancy Deposit Disputes

 

If you have vacated a rented property and your landlord is holding on to your deposit when they have no reason to, a rental deposit dispute is the way to proceed further. It is a lot of money in one go, so to sit tight could affect your cashflow – or it may even be the case that you can’t afford to put down a deposit on your next home.

In the last few years, tenant deposits have been in the spotlight with new legislation and a considerable amount of media attention, with measures now stronger than ever to protect tenants. That won’t stop some unscrupulous landlords from withholding deposits, but we can offer you the expert advice that can help you get your money back.

We have a team of multilingual specialist experts providing legal advice to clients on different legal matters. There are no fees upfront for speaking with us, and we’ll explain our fees clearly before you decide to further engage with us.

 

What Causes Tenancy Deposit Disputes?

 

While landlord and tenant laws have become stricter in favor of tenants, tenancy deposit disputes are still a common problem, and some landlords withhold deposits unfairly. Such disputes can involve property damage, unpaid rent, or cleaning fees, even when tenants have met their obligations. Understanding the key reasons for landlord deposit disputes will allow you to establish whether or not any deductions are justified and what actions you should take next.

 

Deposit Protection Scheme Disputes

 

Landlords are legally required to protect deposits in a government-approved tenancy deposit scheme, but disputes arise when they:
Claim the property has been damaged and requires remedial work.

  • Deduct funds due to alleged unpaid rent.
  • Insist on specialist cleaning costs beyond reasonable expectations.
  • Accuse tenants of breaching the tenancy agreement without clear evidence.

If your deposit was not placed in a deposit protection scheme, or if your landlord fails to follow the dispute process, you may be entitled to compensation of up to three times the deposit amount.

 

Deposit Deduction Disputes

 

Landlords must allow for reasonable wear and tear during a tenancy, meaning they cannot deduct money for natural deterioration of the property, fixtures, and fittings. Examples of normal wear and tear include:

  • Carpets are wearing down over time.
  • Paintwork fading and requiring repainting.
  • Minor scuffs on walls or furniture.

However, if wear and tear become excessive – such as heavily stained carpets, large holes in walls, or broken fixtures – landlords may justify deductions. The key is proving whether the damage goes beyond normal use, and if deductions seem excessive, tenants have the right to challenge them through tenancy deposit dispute resolution.

By understanding these common issues, tenants can better navigate the process and dispute deposit deductions if necessary.

 

How Can I Claim My Deposit Back if My Landlord is Withholding It?

 

For starters, we recommend taking photos or videos of the condition of each room when you leave the property. Even if there’s damage and it looks like you might be charged by your landlord, photos or videos could help prevent your landlord from exaggerating the scope of that damage.

Since 2007, landlords in England and Wales have been required by law to place a tenant’s deposit in a Government-backed Tenancy Deposit Protection (TDP) scheme within 30 days of receiving it. This ensures that any deposit can only be kept in legitimate and reasonable conditions at the end of your period of renting.

If they do not register your deposit with an appropriate TDP scheme, you may be able to take your landlord or property manager to court. Within 30 days of paying your deposit, they must provide you with a number of information such as the name and contact details of the TDP scheme it has used and its dispute policy.

 

How Can Legal Advice Help Me Resolve My Deposit Dispute?

 

Before you take legal advice, we recommend that you try to resolve things amicably with your landlord first. If appropriate, you could also try the dispute process of the TDP scheme if your deposit was paid into one by your landlord.

If you find yourself still unable to resolve the dispute, we can discuss your circumstances with you and advise you on the best course of action. If we feel that we can help you, we’ll explain any fees and what you need to do.

 

How Do I Begin a Tenancy Deposit Claim?

 

Contact us via the The timeline depends on the tenancy deposit dispute resolution process used.
Deposit scheme disputes: Typically resolved within 28 days.
Court claims: May take several months if the case goes to trial.
Acting quickly and gathering strong evidence can help speed up the resolution.
or call us on 0208 1111 911, and we’ll discuss the details of your tenancy with you. We can usually tell you right away whether our services are right for you. Even if we cannot assist you, we can provide information on who to contact about your dispute.

 

Rental Deposit Dispute Process

 

A dispute with the landlord over the deposit process contains structured steps to ensure fairness. If the deposit was protected, the tenancy deposit dispute resolution service provided by the scheme can mediate between you and your landlord. This service is free and impartial, helping tenants recover unfairly withheld deposits without court involvement.

For deposits that were not protected, a legal claim can be made directly against the landlord. Litkraft Solicitors specialises in handling security deposit disputes, ensuring tenants receive the compensation they are entitled to.

 

Why Choose Litkraft Solicitors as No Win No Fee Tenancy Deposit Claim Solicitors?

 

At Litkraft Solicitors, we understand how stressful a tenancy deposit dispute can be. Our dedicated tenancy deposit claim solicitors provide:

  • We have extensive experience handling landlord deposit disputes and tenancy deposit claims.
  • We offer No Win No Fee services. You only pay if we successfully recover your deposit.
  • We assist clients in different languages – English, Russian, Romanian, Bulgarian and Lithuanian – to ensure legal clarity and understanding.

With our expert guidance, you can navigate the deposit dispute process effectively and recover what is rightfully yours.

 

FAQ