What is Employment law?
Answer
An area of law that governs the relationship between an ‘employer’ and an ‘employee’.
What is Family Law?
Answer
Family law refers to any law which affects matters relating to children or families.
Do I need a Will?
Answer
If you die without a Will in England or Wales the law will decide who gets what. If you have no living family members, all your possessions and property will go to the Crown.
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What is conveyancing?
Answer
Conveyancing is the process of transferring ownership of property or land from one person to another.
When should I instruct a conveyancing solicitor?
Answer
When selling Instructing before you have found a buyer gives your conveyancer the chance to review all the paperwork relating to your property in advance. When buying a property, you will need to instruct a conveyancer as soon as an offer has been accepted as all parties will now be requesting this information.
What is a Trust?
Answer
A trust is brought into existence when a person (called the 'settlor') transfers some of their assets to trustees (who become the legal owners) for the benefit of third parties, called 'beneficiaries' (the beneficial owners). A trust is a legal entity in itself. Another word for a trust is a settlement.
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How do I start divorce proceedings?
Answer
A divorce can be started so long as you have been married for at least one year. A divorce petition is prepared and submitted to the Court. The other party then receives an acknowledgment form. You can then proceed to the Decree Nisi stage (the interim divorce order) and, after waiting six weeks and one day, you can apply for the Decree Absolute (the final divorce order).
What is a divorce?
Answer
Divorce is the dissolution or end of a marriage. The process is started by filing a divorce petition with the Court and is ended when the Court issues a decree absolute.
What is a probationary period?
Answer
Probationary period is a limited period of time after the employee starts working for the company during which either party has the right to terminate the agreement.
Can someone be employed on fixed-term contract?
Answer
Yes - on the basis that the contract will terminate at a future date when a specific ‘term’ expires.
What is the Employment Tribunal?
Answer
The Employment Tribunal provides a legally binding judgement for employment disputes. In most cases there are usually a panel of 3 people, consisting of a legally qualified Judge and two non-legal, lay people who have experience within employment workplaces.
How much notice should I be given for redundancy?
Answer
The statutory notice periods for redundancy are: - One week notice if employed for between one month and two years. - One week notice for each year employed if between two and twelve years. - Twelve weeks notice if employed for twelve years or more.
What is a common law partner?
Answer
Common law partneris not a real status, regardless of how long you have been together. If you live with your partner you are cohabitees and the legal principles that apply will depend on your circumstances. Matrimonial law does not apply.
What is a Prenuptial agreement?
Answer
A prenuptial agreement is and agreement entered into before you marry, and will set out how you wish your assets to be divided in the event that your marriage breaks down. Prenuptial agreements are not formally binding in England and Wales.
Who is allowed to make a Will?
Answer
Any person aged over 18 years of age can make a Will. However, members of the Armed Forces who are on active duty are able to make a Will once they turn 17 years of age.
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Can I make a will for free?
Answer
You may be able to make a free will using one the charity run free will schemes we work with including Cancer Research UK Free Will Offer
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Why do I need a Solicitor?
Answer
Because a Solictior is an experienced, expert adviser who will represent you better than you can do for yourself.
Can you get legal aid for divorce?
Answer
Legal aid for divorce has been reduced dramatically/ To quality for legal aid you will need to have formal evidence of domestic violence or child abuse, satisfy the financial eligibilty and have good prospects of pursuing the case.
Can I make my spouse leave the family home?
Answer
A joint owener of a property can only be made to leave, if they are not prepared to leave voluntarily, is by the Court making an Occupation Order, ordering them to leave or within the financial proceedings a proeprty transfer order is made.
What is family mediation?
Answer
Family mediation is a process of resolving conflict with an ex-partner in relation to matters concerning your property and finances or your childen or both.
What are the grounds for divorce?
Answer
You will need to demonstrate that your marriage has irretrievably broken down, by being able to prove of the following five facts: Your spouse has committed adultery Your spouse has demonstrated unreasonable behaviour Your partner has left/deserted you for a continuous period of 2 years You have been separated for at least 2 years and you both agree to the divorce You have been separated for at least 5 yearas - it doesn't matter if your partner doesn't agree to the divorce If
How much will a divorce cost me?
Answer
There are two elements to a divorce: the paper divorce and the financial settlement. The paper element of obtaining a divorce cost approximately £1300 on average if the divorce is undefended. This includes the court fee of £550 to start the case.
How long will my divorce take?
Answer
The divorce process takes between five to seven months. The duration of the divorce procedure is also dependent upon whether your ex-partner cooperates with the process by sending their documents to the Court in a timely fashion.
Is same sex relationship divorce process different?
Answer
No, if you have entered a Civil Partnership or Marriage then the divorce procedure is the same. It is worth noting, adultery is not a cause that you can rely on as a reason for the breakdown.
I got married abroad but live in England, can I get divorced in England?
Answer
It does not matter where you got married as long as the marriage is valid under the laws of the country where the marriage took place. You can get divorced in England as long as you or your spouse are habitually resident in England or domiciled here.
What happens in mediation?
Answer
The mediator will liaise with the parties at a MIAM meeting about what mediation entails. Meetings will be scheduled over a period of time and may look at arrangements for children, exchange financial information with a view to to negotiating a financial settlement and other options. The mediator may suggest other help, such as financial advice or support for your children, but will never offer legal advice.
Will I have to go to Court in order to obtain my divorce?
Answer
No, you will not have to go to Court if you and your spouse have agreed to divorce, agreed how the costs will be shared, and agreed that there are no issues regarding finances or children to be resolved.
What does shared care of children mean?
Answer
Shared care does not automatically mean a childs time will be divided equally between the parents. Shared care can result in a number of different combinations and the outcome of who will see who and when will depend on individual circumstances and what overall is in the childs best interests.
What is parental responsibility?
Answer
Parental responsibility is where an adult is responsible for the care and well-being of their child and can make important decisions.
Who has parental responsibility?
Answer
A married couple who have children together both automatically have parental responsibility. The Children Act 1989 also sets out who has parental responsibility for a child in other circumstances.
Do all child arrangements have to be formally approved by the court?
Answer
No. The courts will only get involved if you can't agree on these issues, or if there child's welfare is a matter of serious concern.
What rights do Grandparents have?
Answer
As a grandparent you are entitled to make an application to the court concerning your grandchildren to resolve living arrangements or arrange to spend time with your grandchildren or for any other relevant issue.
How are pensions dealt with in divorce?
Answer
When dividing pension on divorce, there a number of options. The two main options are: A pension sharing order - A share of one person's pension is moved into a separate pension. Pension offsetting - This is where some cash savings, a greater share in a property or some other capital is given to the receiving party, instead of pension.
Can I have a free consultation?
Answer
In some areas of Family Law, we offer an introductory meeting with a member of our legal team. This meeting is free and designed for you to get to know our firm, your solicitor and to discuss your case. By completing this initial meeting, you can make an informed choice about how you want to move forward to get the best results.
Can I claim my legal costs against the other party?
Answer
If in a divorce case, you rely on the adultery, unreasonable behaviour or desertion of another party, you may claim costs against them. Normally in a separation case, each party will pay their own costs.
Are you regulated?
Answer
GloverPriest Solicitors is regulated by the Solicitors Regulation Authority number 597426.
What are executors?
Answer
Executors are the perople you appoint in your Will to look after the administration of your estate after your feath and to sort everything out.
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Who can be an executor?
Answer
When choosing an executor, you should appoint someone you trust to look after your affairs. They can be family, friends of professional people (e.g. solicitors). Executors must be over 18 years old.
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What are general powers of attorney?
Answer
General powers of attorney grant somebody you trust the authority to deal with your affairs although you still have your own faculties.
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Who can witness a will?
Answer
Witnesses must be aged 18 or over, however, other than this there are no official regulations regarding who can and cannot witness a will other than the witnesses cannot benefit from the will.
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What are mirror Wills?
Answer
Mirror wills are for married or civil partners who have identical or similar wishes.
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What's the best way to reduce inheritance tax?
Answer
There are many ways to reduce inheritance tax, including making gifts to friends, family or charities and using trusts.
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Can I change my will?
Answer
No, you cannot change a will once it's been witnessed and signed. The only way you can make amends is with an official modification called a 'codicil'.
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What is a Codicil?
Answer
It's a legally valid document making minor changes to a Will, which is read together with the original Will, to reflect your wishes.
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How often should I update my Will?
Answer
It is usually recommended to review your will at least every five years or whenever your circumstances change e.g. on marriage, having children, purchasing a house or divorce/separation.
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What makes a will void?
Answer
There are many things that can make a will void. If you are concerned in any way feel free to contact us and we would be happy to review this.
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What type of gifts can I leave in my Will?
Answer
You can make whatever gifts you want, as long as your Will is clear in its terms and the gifts are legal.
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Is my Will registered anywhere?
Answer
At GloverPriest we ensure every one of our Wills done by our lawyers in recent years are registered with The National Will Register Certainty.
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What is Probate?
Answer
Probate is the legal process of administering the estate of a person who has died, and, after deducting debts and other liabilities, transferring that persons money and possessions to the people who will inherit them.
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How long does Probate take?
Answer
The time it takes is dependant upon what the estate involves. In some cases a Grant of Probate can be obtained very quickly and most estates are completed well within a year of someone's death.
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Can I sell the deceased's house?
Answer
If the estate obtains any property it can be marketed but cannot be sold before a Grant of Probate is given. A Grant of Probate will not be given until any inheritance tax due has been paid.
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Is Probate always required when someone dies?
Answer
Not in all cases. As a general rule a grant is not required when everything the deceased owned was held in joint names with their spouse and they are the sole beneficiary.
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Do I need a solicitor for Probate?
Answer
Instructing a probate solictior may speed up the amount of time it takes to compelte the probate process and significantly reduce the amount of stress created by the probate process.
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What is a Grant of Probate?
Answer
Grant of Probate provides legal confirmation that the Will is valid and has been officially registered with the Court. It permits the executor(s) to administer the estate and to carry out the instructions as laid out in the Will. A Grant of Probate is only issued to the executors named in a Will.
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What if there are no executors?
Answer
In this case, if there is a will in place but there are no stated executors, beneficiaries can apply for "letters of administration" in order to be able to administer the estate themselves.
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Will there be Inheritance Tax or 'Death Duties'?
Answer
If an individual's estate, after the deduction of liabilities is worth more than £325,000 there will be tax to pay of up to 40% of the estate.
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What sort of trusts are there?
Answer
There are many different types of trusts, your solicitor will go through what options are available. A full list of the different types can be found at https://www.gov.uk/trusts-taxes/types-of-trust
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When should I set up a trust?
Answer
When creating your Will a trust can be created which would commence on death or it can be created in your lifetime and start immediately.
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What can I put in a trust?
Answer
Anything from your estate can be put into trust, the most common is money and property,
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Do I have to have an employment contract?
Answer
No, a contract will exist as soon as a job offer is accepted. Legally however, every employee and 'worker' has to have a written statement covering specified terms and conditions from day one.
How much noticed should I be given for redundancy?
Answer
The statutory notice periods for redundancy are: One week notice if employed for between one month and two years. One week notice for each year employed if between two and twelve years. Twelve weeks notice if employed for twelve years or more.
Can I be made redundant while I'm pregnant?
Answer
During your pregnancy your role can be made redundant, providing the redundancy is in no way linked to your pregnancy. If your redundancy is based on your pregnancy you would be able to make a discrimination claim under the Equality Act.
What is the time limit on making a redundancy payment claim?
Answer
Statutory redundancy payment time limit is six months starting with the relevant date which in most cases is the termination date.
What is unfair dismissal?
Answer
When an employee's contract is terminated without a fair reason. Unfair dismissal can also be claimed by the employee if the employer had a fair reason but handled the dismissal using a wrong procedure.
Who can claim for unfair dismissal?
Answer
Only employees of the company (not agency workers or freelance consultants etc) may qualify for the right not to be unfairly dismissed. In most cases you must also be able to show that you were employed by the same employer for at least 2 years prior to your dismissal.
What is whistleblowing?
Answer
Whistleblowing also known as qualifying disclosure is when and an employee reveals information or facts about their employers wrongdoing. Workers are protected from losing their job or suffering any damage as a result of whistleblowing.
Am I entitled to paid holiday?
Answer
Every full time, part time, agency and casual worker are entitled to 28 days paid holiday per year which can include 8 bank and public holidays.
Am I entitled to have the bank holiday off work?
Answer
In short, no. You do not have automatic right to take bank or public holidays off work, with or without pay.
What are Maternity rights?
Answer
Maternity rightd are designed to protect a women to allow time off to give birth and nurse a newborn baby. Maternity rights protect womem fro, being dismissed or discriminated against because of their pregnancy.
What are Paternity rights?
Answer
Paternity rights protect men from being dismissed or discriminated against if they are requesting time off to be with their newborn baby.
What are adoption rights?
Answer
Adoption rights allow the same rights as maternity and paternity rights which are to not be discriminated against or dismissed due to the decision to adopt a child.
What areas are covered by discrimination?
Answer
Discrimination occurs when one employee is treated less favourably than other employees. It is unlawful for your empolyer to discriminate against you on the basis of: Sex Religion/belief Pregnancy/maternity Gender Marriage/civil partnership Race Sexual orientation Gender reassingment Age
Do I have to accept a Settlement Agreement?
Answer
No the agreement is voluntary and can be withdrawn at any time by the employer until both parties have agreed and signed.
Does a Settlement Agreement put the employer at an advantage?
Answer
The employer does draw up a settlement agreement but the employee is protected by the requirement that he or she receive independent legal advice, normally from a solicitor ensuring the agreement is fair and proper.
How long do I have to make a decision on whether to sign the settlement agreement?
Answer
This can vary but best practice, and the ACAS guidance, suggests a minimum of 10 calendar days.
Are all payments under Settlement agreements tax free?
Answer
No. Normally you can receive a termination payment of up to £30,000 tax free. However, this does not apply to payments arising out of your contract such as salary, bonuses, payment in lieu of annual leave or other benefits.
What are my statutory employment rights?
Answer
a written statement of employment particulars an itemised pay statement a minimum notice period maternity, paternity or adoption leave time off for antenatal care parental leave time off for dependants the right to request flexible working arrangements not to be discriminated against because of your gender, race, disability, religion or belief, political opinion, sexual orientation or age
What Is TUPE?
Answer
TUPE or Transfer of Undertakings Regulations 2006 applies to business transfers and to changes in the provision of services so as to protect employees. Where TUPE applies employees automatically transfer from one employer to another with their terms of employment and continuity of service intact.
What protection does TUPE give?
Answer
TUPE preserves the terms and conditions of employees who are transferred to a new employer (this includes contractual terms such as salary, hours of work, leave and sick pay entitlements).
What happens if I object to a TUPE transfer?
Answer
Employees have the option of objecting to a transfer of their employment under TUPE. The effect of an employee objecting to the transfer would be that their employment would terminate on the transfer date. This would not amount to a dismissal meaning that the employee would not be entitled to a redundancy payment or be able to bring a claim for unfair dismissal.
What are employment law restrictive covenants?
Answer
Restrictive covenants are often contained in your contract of employment and are clauses designed to restrict an employee from undertaking certain activities for a period of time after their employment has ended.
What is a grant of representation?
Answer
A Grant of Representation is the document you would need to confirm your legal status and ability to deal with the Estate of someone who has died. A Grant of Representation may be required whether or not the deceased person left a Will.
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Why do you need to verify my ID?
Answer
Solicitors have a duty under money laundering regulations to verify the identity and help stop criminal activity. There are also similar obligations in respect of identity verification for the Land Registry and mortgage lenders
Why do you need to verify where my money is coming from?
Answer
Within exess of 4 billions pounds of fraud in conveyancing per year, Solicitors have to carry out anti-money laundering checks in every transaction to ensure the funds are coming from a legal and legitimate source.
What is a conveyancing chain?
Answer
A chain is where each of property completions is dependent on the purchase before and after it in the sequence of linked events.
What Are Disbursements?
Answer
Disbursements are payments made by your solicitor to others, such as stamp duty, land registry fees and search fees.
What are property searches?
Answer
Conveyancing property searches are essential information regarding the property you plan to buy. There are three searches that are normally arranged by the solictior on your behalf. Local Authority Searches - Information from the local council, for example if the property is affected by a planning enforcement notice. Environmental Search - To determine whether the land will be contaminated. Water Drainage Search - To ensure that your property is connected to mains water,
Do I have to have property searches?
Answer
No. It is highly recommended that searches are carried out on any potential purchase and often a requirement for obtaining a mortgage. If you are purchasing a property without a mortgage as a cash buyer, then you will have a choice on whether to conduct these searches, but may be required to sign a waiver.
Do I need a survey when buying?
Answer
A mortgage lender will do a valuation, they may also carry out a survey. This will not be as detailed as you may want, so you may wish to instruct your own surveyor to give an open assessment of the property, which may also include their valuation.
When should I apply for a mortgage?
Answer
Mortgages tend to take around 18 to days from application to acceptance. We would recommend moving from an agreement in principle to a full mortgage application as soon as you have an offer accepted.
How much is Indemnity Insurance?
Answer
The price of an indemnity policy can very depending on what it is protecting you against. The one-off cost of a policy to make up for a lack of FENSA certificates for new windows is approximatly £20, but policies covering missing building work certificates can cost several hundreds.
What does 'Exchange Of Contracts' mean?
Answer
Exchnage of contracts means the transactions has become binding. On exchange of contracts the completion date (moving date) is confirmed. Contracts are exchanged between solicitors. You do not need to be present for us to exchange contracts.
What is a deed of separation?
Answer
A document that couples who are separating can enter into to record who is to have what and what their responsibilities are. It cannot be guaranteed to be legally binding, but if certain criteria are met it is unlikely to be upheld by the court in the event a dispute arises at a later date
How long will my transaction take?
Answer
For a sale or purchase the average time between instructing your solicitor and moving in is 10-12 weeks but transactions can only proceed as quickly as the slowest person in the chain. A remortgage or transfer of equity can take between 1 and 2 months but generally quicker if you are remortgaging with the same lender
I need to complete quickly - can you guarantee me a timescale?
Answer
Where possible we will try to accommodate any requests for quicker than normal transaction but cannot guarantee dates (exluding auction purchases), this may carry additional fees. A quick completion depends on the willingness of all parties (including any part of the chain, mortgage lenders and any other company or individual) involved to work towards this together.
What are licensed conveyancers?
Answer
Specialist lawyers known as "licenced conveyancers" were introduced in the 1980's to meet the increased housing market demand. Licensed conveyancers are qualified lawyers who deal exclusively with property law
How soon do I need to pay any money?
Answer
For each type of conveyancing transaction, you may be asked to pay a deposit on account to start the process, this will cover any initial disbursements and will offset your final balance. The balance of the price and the conveyancer's cost, as well as any additional charges, will be payable shortly before completion. If you are borrowing more than 90% of the purchase price then you may be required to pay prior to the exchange of contracts
Do I still need to pay legal costs if it all falls through?
Answer
You are responsible for all legal costs up to the point of the transaction falling through. In some of our transactions we offer peace of mind via an Abortive Matter Indemnity Fee (AMIF) at a cost of £75+VAT which covers all your legal fees. One of our team would be happy to discuss this in more detail.
What is simultaneous exchange and completion?
Answer
This is when you exchange, complete and move on the same day. If you are exchanging and completing on the same day you will not have a binding contract in place until the day you are due to move in.
Can I protect the deposit I pay into the house if I'm not married?
Answer
Yes, there are ways in which you can protect your share in a property especially when you are paying in different amounts. A Declaration of Trust can protect your share if you were to separate and sell later or you can protect your share by owning the legal title in a specific way.
Are GloverPriest Solicitors regulated for conveyancing?
Answer
Yes. We are SRA Regulated and Law Society Conveyancing Quality Scheme Accredited. The CQS scheme gives customers peace of mind during property transactions and ensures the solicitors meet their strict guidelines.
Who can be my Attorney?
Answer
You can appoint anyone you trust to be your Power of Attorney as long as they are over 18, able to make decisions and not bankrupt. Usually this means a husband/wife/partner; relative; friend or solicitor. Before you choose someone you should think about whether you trust the person(s) to make decisions in your best interests; whether they would be comfortable taking decisions for you (e.g. about your medical care) and how well they manage their own finances. You can specify people who you
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If I have an accident and I'm left in a coma, can my wife access my personal bank account without a Lasting Power of Attorney?
Answer
Your wife would not automatically be able to access your finances and would have to go through the Court of Protection which would control your assets. The idea behind this court is to safeguard the assets of vulnerable people. That’s why it is so important to grant someone you trust Lasting Power of Attorney to avoid problems in the future. The Court of Protection charges to deal with your affairs and the process can be very long winded which can prevent them from making decisions that
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I’ve heard that there is more than one type of Power of Attorney, so which is best?
Answer
There are two categories of Power of Attorney: Ordinary, and Lasting which is the most usual form. Lasting Power of Attorney (LPA) must be drawn up whilst the person, known as the ‘donor’, still has the mental capacity to authorise who may make decisions on their behalf if they lose the ability to do so for themselves. In addition, there are two kinds of LPA – you can make one or both types. The Health and Welfare LPA allows decisions to be made about, for example, your
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Is Enduring Power of Attorney the same as Lasting Power of Attorney?
Answer
LPAs replaced the Enduring Power of Attorney when the Mental Capacity Act of 2005 came into effect on 1st October 2007. Whilst you can no longer make an Enduring Power of Attorney, it is valid if drawn up prior to 2007.
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How much does it cost to evict a tenant?
Answer
Wherever possible, we will try to fix our fees and will confirm the costs at the outset. Our fee for the drafting and service of a section 21 notice is £225 + VAT and for a section 8 notice is £250 + VAT. Please note that we may also be required to obtain a copy of the property register, the cost of which is £3.00.
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What if there are two tenants when evicting?
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What if I don’t have a written agreement (or I have lost the tenancy agreement)?
Answer
Although it is possible to obtain possession of a property where there is no written agreement or where the tenancy has been lost, we will need to take detailed instructions from you in order to determine the options available to you.
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Can I recover costs in possession proceedings?
Answer
You are able to obtain a Judgment for the Court fee and a nominal sum towards your legal fees, however obtaining a Judgment, does not automatically result in payment. In most cases, a Landlord’s main objective is to obtain possession of their property and any payment towards costs or rent arrears is a bonus.
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How is tenant eviction done?
Answer
The starting point is to serve the tenant with a notice requiring possession of the property, some tenants will vacate the property as per the notice. If the tenant does not vacate the property, the next step is to issue a County Court Claim for possession, this often results in the Court ordering the tenant to give up possession of the property by a certain date. In the event that the tenant fails to give up possession of the property, the final stage if needs be, is to appoint a County
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What is a Section 8 Notice?
Answer
A section 8 notice is a notice requiring possession of a property and is most often used when there is a breach of the terms of the tenancy agreement, such a rent arrears.
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What is a Section 21 Notice?
Answer
A section 21 notice is a notice that requires a tenant to give up possession of a property. There does not need to be any reason as to why the Landlord requires possession of the property.
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What If The Tenants Ignore A Court Order?
Answer
In the event that a tenant ignores a Court order for possession, the Landlord can make an application to the Court for a Warrant of Possession and the appointment of a County Court Bailiff to evict the tenant.
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What is a Warrant of Possession?
Answer
A Warrant of Possession is a warrant issued by the Court demanding that the tenant vacate a property, if the tenant does not leave on their own accord, a County Court Bailiff will evict the tenant.
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Can I evict a tenant myself?
Answer
In the event that you wish to obtain possession of your property, you must serve a relevant notice on your tenant and if need be, issue a claim for possession. You are not able to remove a tenant or their belongings nor are you able to change the locks.
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What is the inheritance tax threshold?
Answer
The standard inheritance tax rate is 40% of anything in your estate over the £325,000 threshold. Your estate is defined as your property, savings and other assets after any debts and funeral expenses have been deducted. Inheritance Tax is a tax on the estate the property, money and possessions of a person who’s died. Your estate is defined as your property, savings and other assets after any debts and funeral expenses have been deducted. The current Inheritance Tax threshold is
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Can I cite adultery as grounds for Divorce?
Answer
It is always difficult to cite adultery unless you can actually prove it or your partner will admit to the adultery in the proceedings. If you lived with your partner for six months after you found out about his affair you cannot give adultery as grounds for divorce unless the adultery is continuing. It is often easier to cite unreasonable behaviour giving details of the relationship as an example.