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Figures by the Royal Institution of Chartered Surveyors show that sinkholes are on the rise. In fact it was only last year that a sinkhole opened up in a driveway in High Wycombe, swallowing the occupant’s car whole, while it sat in front of the house. Continue reading “Sinkhole Danger, when the ground opens up…”
Author: Amarjit Atwal
Amarjit Atwal currently works in our conveyancing department.
What You Need to Know about Minimum Wage Changes.
From 1 October 2015 individuals on the National Minimum Wage will benefit from a 3% increase. The minimum wage changes are coming into force after recommendations by the Low Pay Commission and provide benefit to individuals of all ages. Continue reading “What You Need to Know about Minimum Wage Changes.”
The Top 3 Most Complained About Adverts of 2014
At Aston Bond, our experienced team of solicitors know that when creating an advert, it is important to adhere to the strict guidelines and laws governing what can be advertised and how. Continue reading “The Top 3 Most Complained About Adverts of 2014”
What do I do if my buyer doesn’t complete?
When buying or selling a property, it is important to adhere to the contractual date and time for completion. Failure to do so, particularly where a chain of transactions is, can lead to chaotic results.
If a buyer fails to complete, you can pursue various remedies such a court order for specific performance, or an order for sale in the county or high court. If you wish to pursue a remedy in equity, you can also apply for an order for specific performance. Ultimately it will depend on what your end goal is. Continue reading “What do I do if my buyer doesn’t complete?”
Clamping down on sham marriages
The government is cracking down further on sham marriages from 2 March 2015 when a new referral and investigation scheme will come into force pursuant to Part 4 of the Immigration Act 2014.
The Home Office needs to be notified if an individual wishes to marry someone who is not an EEA national and has limited or no immigration status in the United Kingdom.
This notice will last for 28 days and must be given at a register office, prior to a marriage. Should the Home Office have reason to suspect that the marriage is not a genuine marriage, they will be able to extend the notice period to 70 days, to undertake further investigations.
This scheme is being extended to Scotland and Northern Ireland from 2 March 2015.
For more information, please see the House of Commons Written Statement.
Got an immigration query? Call us today on 01753 486 777 or visit our offices at Windsor Crown House, 7 Windsor Road, Slough, SL1 2DX.
Amarjit Atwal, Trainee Solicitor
aatwal@astonbond.co.uk
Time off for antenatal classes
A pregnant woman’s partner will, from 1 October 2014, be entitled to attend ante-natal appointments by taking unpaid time off work as per guidance produced by the Department of Business, Innovation and Skills.
This is limited to only 2 ante-natal appointments, lasting 6.5 hours per appointment. Employers will be entitled to ask the employee for a declaration stating the details of the appointment, such as date and time. However, they cannot ask for any evidence of the appointment.
This guidance covers individuals who may be in same-sex relationships and even surrogate parents. The individual in question does not need to be the biological father of the child.
Refusal to allow an employee time off to accompany their partner can lead to employees bringing Employment Tribunal claims, and Tribunal can order the employer to pay compensation amounting to twice the hourly rate of pay for each of the hours that the person could have taken off, if they were allowed this right.
If you need employment advice, please contact our team of experienced solicitors on 01753 486 777 or alternatively come down to our offices at Windsor Crown House, 7 Windsor Way, Slough, SL1 2DX.
Amarjit Atwal, Paralegal
Tribunal fees: pricing individuals out of the justice system?
Statistics published by the Ministry of Justice on 11 September 2014 show that the amount of people bringing claims in the employment tribunal has decreased rapidly in the last year.
Single claims in the tribunal were down by a whole 70% in the periods between April and June 2014 compared to the same time last year. This substantial decrease in the number of claims can be linked to the new fee system that was introduced last July.
In addition to the imposition of new fees, since April 2014 it has become mandatory to contact Acas prior to bringing a claim at tribunal. This is in a bid to encourage early conciliation.
Frances O’Grady, the TUC general secretary, claimed that although early conciliation, as encouraged through Acas, is enabling cases to be resolved prior to issuing employment tribunal proceedings, it “can’t explain such a large fall in the number of employment tribunals”. She has also called for court fees to be scrapped.
Indeed, it seems as though the introduction of employment tribunal fees of up to £1,200 have deterred many prospective claimants.
An alternative view, as championed by Shailesh Vara, justice minister, is that the introduction of fees is a positive change as it deters vexatious litigants from bringing claims. Mr Vara said ‘hardworking taxpayers should not be picking up the bill for reemployment disputes in tribunals’.
Although this may be the case, it is clear that imposing high fees can price individuals out of the justice system. In response, shadow Business Secretary, Chuka Umunna has even proposed abolishing all employment tribunal fees.
However it is clear that the introduction of the new Acas early conciliation process coupled with the introduction of court fees has made a noticeable impact on the amount of claims reaching the employment tribunal. Whether this impact is positive or negative is yet to be seen.
Amarjit Atwal, Paralegal
Company directors beware: Deception can lead to disqualification
Last week two businessmen were sentenced at Winchester Crown Court for fraud and safety offences. The Department for Business Innovation and Skills (BIS) and the Health and Safety Executive brought joint proceedings against the pair after a worker died due to a lack of safety checks on a crane being used at a building site.
In September 2010 a two-tonne metal sand moulding box fell from a crane onto the 40 year old worker, crushing him to death. The Health and Safety Executive’s investigation found that not only had the crane not been checked properly, but the workers were also being exposed to a dangerous amount of lead.
Investigations also found that one of the directors had issued cheques totalling £92,500, all of which had bounced, and even continued to act as a director despite two court orders disqualifying him.
The directors were subsequently found guilty under the Health and Safety of Work Act 1974 and Fraud Act 2006 and also found to have breached section 13 of the Company Directors Disqualification Act 1986. Both were disqualified from being company directors, for 15 and 7 years respectively.
More information on this case can be found here: http://press.hse.gov.uk/2014/disqualified-director-and-accomplice-sentenced-over-worker-death-and-company-deception/
Amarjit Atwal, Paralegal
aatwal@astonbond.co.uk
The importance of providing prescribed information after statutory periodic tenancies arise: Gardner v McCusker
When a landlord wishes to evict a tenant from his property, he can do so by serving a notice under section 21 of the Housing Act 1988. However, the landlord may be prevented from serving a section 21 notice if he hasn’t correctly secured the tenant’s deposit in a Tenancy Deposit Scheme (as discussed in our earlier blog here) or provided the tenant with specific prescribed information.
The latter is the issue that arose in the recent case of Gardner v McCusker. The Claimant let a property for a 6 months fixed term to the Defendant, who paid a £600 initial deposit. The Claimant secured the deposit and provided the Defendant with the relevant prescribed information under section 213 of the Housing Act 2004.
In 2010 the fixed term tenancy expired, leading to a statutory periodic tenancy. The landlord then served a section 21 notice in March 2013 requiring the tenants to vacate the property, however the tenant argued that the notice was not valid as the landlord had not provided the tenant with the relevant prescribed information upon the commencement of the new statutory periodic tenancy.
The landlord, meanwhile, claimed that the fixed term tenancy had rolled over into the statutory periodic tenancy, therefore the prescribed information would also ‘roll over’ and there would be no need for it to be provided again.
The court held that the statutory periodic tenancy was technically a new tenancy and therefore the landlord had a duty to provide the tenant with the prescribed information again. This rendered the section 21 notice invalid, and the court ordered the landlord to pay the tenant damages of twice the amount of deposit paid. This case supports the seminal decision of Superstrike Ltd v Rodrigues and means that a landlord will not be able to serve a section 21 notice if he has not provided the tenant with the relevant prescribed information within 30 days of the expiry of the fixed term.
When attempting to serve a section 21 notice it is always sensible to take the advice of a solicitor. Our team of lawyers here at Aston Bond are experienced in dealing with section 21 notices. Come down to our offices at Windsor Crown House, Slough, SL1 2DX today for some advice or alternatively give us a call on 01753 486 777.
Aston Bond are holding a Landlord and Tenant seminar in late September, if you wish to attend please send your details to ndarby@astonbond.co.uk and we’ll be in contact.
Amarjit Atwal, Paralegal
Who has to take the A1 English Test?
On 24 July 2014 the Home Office removed the exemption allowing long-term residents of a country listed as having no approved A1 English test to not need to meet the A1 English language requirement. This means that more applicants will need to meet this level of proficiency in English.
Previously, individuals who lived in certain countries were exempt from having to meet the A1 English language requirement. The change is a step towards ensuring that those who wish to settle in the UK possess basic English speaking skills, enabling them to mix into British society.
Those who live in countries without an approved A1 English test will have to take the test in a country where there is an approved test. The only way they will be exempt from meeting the A1 language requirement is if they can show in their application for a visa that it is not ‘practicable or reasonable for them to do so’.
Meanwhile, the exemption will continue to apply to those applying from select countries including Turkmenistan, Somalia and Sierra Leone, until 14 August 2014.
If you need help with an immigration issue, call our immigration team today on 01753 486 777.
Amarjit Atwal, Paralegal
