CAN A LANDLORD VARY A LEASE JUST BY SERVING A NOTICE OF VARIATION UPON THEIR TENANT,
The answer is likely to be NO.
Under the Unfair Terms in Consumer Contracts Regulations 1999 a landlord may be not be able to vary a tenancy just by giving his/her tenant notice. A Landord's best course of action would be to attempt to agree a variation with their tenant. If the tenancy is a long tenancy, a Landlord may wish to consider whether he/she can apply for a variation under Part IV of the Landlord and Tenant Act 1987. Detailed advice in respect of these provisions may need to be obtained.
Wednesday, 5 September 2012
Sunday, 26 August 2012
EMPLOYERS - DO YOU KNOW YOUR OBLIGATIONS UNDER SECTION 12 OF THE WORKPLACE (HEALTH SAFETY & WELFARE) REGULATIONS 1992 NO WELL YOU NEED TO READ THOSE REGS BELOW
Condition of floors and traffic routes
12.—(1) Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used.
(2) Without prejudice to the generality of paragraph (1), the requirements in that paragraph shall include requirements that—
(a)the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety; and
(b)every such floor shall have effective means of drainage where necessary.
(3) So far as is reasonably practicable, every floor in a workplace and the surface of every traffic route in a workplace shall be kept free from obstructions and from any article or substance which may cause a person to slip, trip or fall.
(4) In considering whether for the purposes of paragraph (2)(a) a hole or slope exposes any person to a risk to his health or safety—
(a)no account shall be taken of a hole where adequate measures have been taken to prevent a person falling; and
(b)account shall be taken of any handrail provided in connection with any slope.
(5) Suitable and sufficient handrails and, if appropriate, guards shall be provided on all traffic routes which are staircases except in circumstances in which a handrail can not be provided without obstructing the traffic route.
Wednesday, 22 August 2012
REGULATION 5 OF THE WORKPLACE REGULATIONS
Maintenance of workplace, and of equipment, devices and systems
5.—(1) The workplace and the equipment, devices and systems to which this regulation applies shall be maintained (including cleaned as appropriate) in an efficient state, in efficient working order and in good repair.
(2) Where appropriate, the equipment, devices and systems to which this regulation applies shall be subject to a suitable system of maintenance.
(3) The equipment, devices and systems to which this regulation applies are—
(a)equipment and devices a fault in which is liable to result in a failure to comply with any of these Regulations; and
(b)mechanical ventilation systems provided pursuant to regulation 6 (whether or not they include equipment or devices within sub-paragraph (a) of this paragraph).
Wednesday, 1 August 2012
IS YOUR LANDLORD OR NEIGHBOUR MAKING A NUISANCE OF THEMSELVES?
Are you having problems with a landlord or a neighbour because of premises :-
1. That are in such a state as to be prejudicial to health or a nuisance
2. where Smoke emits so as to be prejudicial to health or a nuisance
3. Where insects emanate from yours or a neighbour's premises so as to be prejudicial to health or a nuisance
Are you having problems with a landlord or a neighbour because of premises :-
1. That are in such a state as to be prejudicial to health or a nuisance
2. where Smoke emits so as to be prejudicial to health or a nuisance
3. Where insects emanate from yours or a neighbour's premises so as to be prejudicial to health or a nuisance
4. Where Noise emits from premises so as to be prejudicial to health or a nuisance
5. Where any animal is kept in such a place or manner as to be to be prejudicial to health or a nuisance
6. Where an accumulation or deposit occurs so as to be prejudicial to health or a nuisance.
7. Where Fumes or gases emit from premises so as to be prejudicial to health or a nuisance
If any of the above apply then your landlord or neighbour could be be committing a statutory nuisance under Section 79 of the Enviromental Protection Act 1990 and you can take action under section 82 of the Environmental Protection Act 1990, if you can prove that one of the above matters is taking place and is affecting your health or causing a disturbance to you or your property.
To be a statutory nuisance the act must occur regularly and continue for a period of time that makes it unreasonable.
You must show that you have attempted to resolve the problem. To do this you should write to the person concerned and tell them that you believe they are causing a nuisance. You should tell them in the letter that if they do not do something to stop or reduce the nuisance themselves, then you will be considering taking a private action under Section 82 of the Environmental Protection Act 1990. If you intend to obtain video evidence you must inform them of this in your letter.
You need to keep a diary of the times and dates that the nuisance occurs.
Keep copies of all correspondence sent or received regarding your issue.
If the person causing the problem chooses to ignore your letter and continues with their action then you should write again and inform them that you will be applying to the Magistrates Court for proceedings to be taken. You must give them at least 3 days notice of your intention to do this.
If the problem continues then take all your evidence and contact the Justices Clerk at your local Magistrates Court. You will be required to visit the Court in person with your evidence and explain that you want a Summons served under Section 82 of the Environmental Protection Act 1990. The Justices Clerk will then assist you in progressing with your application.
FOR INFORMATION PURPOSES ONLY
5. Where any animal is kept in such a place or manner as to be to be prejudicial to health or a nuisance
6. Where an accumulation or deposit occurs so as to be prejudicial to health or a nuisance.
7. Where Fumes or gases emit from premises so as to be prejudicial to health or a nuisance
If any of the above apply then your landlord or neighbour could be be committing a statutory nuisance under Section 79 of the Enviromental Protection Act 1990 and you can take action under section 82 of the Environmental Protection Act 1990, if you can prove that one of the above matters is taking place and is affecting your health or causing a disturbance to you or your property.
To be a statutory nuisance the act must occur regularly and continue for a period of time that makes it unreasonable.
You must show that you have attempted to resolve the problem. To do this you should write to the person concerned and tell them that you believe they are causing a nuisance. You should tell them in the letter that if they do not do something to stop or reduce the nuisance themselves, then you will be considering taking a private action under Section 82 of the Environmental Protection Act 1990. If you intend to obtain video evidence you must inform them of this in your letter.
You need to keep a diary of the times and dates that the nuisance occurs.
Keep copies of all correspondence sent or received regarding your issue.
If the person causing the problem chooses to ignore your letter and continues with their action then you should write again and inform them that you will be applying to the Magistrates Court for proceedings to be taken. You must give them at least 3 days notice of your intention to do this.
If the problem continues then take all your evidence and contact the Justices Clerk at your local Magistrates Court. You will be required to visit the Court in person with your evidence and explain that you want a Summons served under Section 82 of the Environmental Protection Act 1990. The Justices Clerk will then assist you in progressing with your application.
FOR INFORMATION PURPOSES ONLY
Monday, 30 July 2012
USEFUL TIPS OF THINGS TO DO BEFORE GOING ON HOLIDAY.
1. Read the terms and conditions of any Travel Contract or Agreement signed by you.
2. Double check if there are any exclusion clauses.
3. Establish whether excursions are purchased within your package holiday or not.
4. Make a note of conversations with Travel Operators, Reps etc this could be vital.
5. Does the country you are holidaying in come under the Rome Convention.
6. Have you got adequate insurance, make sure you read the terms and conditions of your insurance, are there any exclusion clauses.
7. If you are provided with a contract in respect of your excursion, read the small print.
8. Remember some countries like Ecuador are exciting but you may only be able to bring a claim in the Court of the country where you have sustained an injury through someone else's negligent behaviour. You need to ensure that you are aware of the limitation periods in those countries and you need to consider the fact that you may have to instruct lawyers in that country.
1. Read the terms and conditions of any Travel Contract or Agreement signed by you.
2. Double check if there are any exclusion clauses.
3. Establish whether excursions are purchased within your package holiday or not.
4. Make a note of conversations with Travel Operators, Reps etc this could be vital.
5. Does the country you are holidaying in come under the Rome Convention.
6. Have you got adequate insurance, make sure you read the terms and conditions of your insurance, are there any exclusion clauses.
7. If you are provided with a contract in respect of your excursion, read the small print.
8. Remember some countries like Ecuador are exciting but you may only be able to bring a claim in the Court of the country where you have sustained an injury through someone else's negligent behaviour. You need to ensure that you are aware of the limitation periods in those countries and you need to consider the fact that you may have to instruct lawyers in that country.
UNDER THE CRIMINAL LAW ACT SECTION 7(1) ANY PERSON WHO IS is on any premises as a trespasser after having
entered as such is guilty of an offence if he fails to leave those
premises on being required to do so by or on behalf of-
(a) a disp...laced residential occupier of the premises ; or
(b) an individual who is a protected intending occupier of
the premises by virtue of subsection (2) or subsection
(4) below.
(2) For the purposes of this section an individual is a protected
intending occupier of any premises at any time if at that
time-
(a) he has in those premises a freehold interest or a leasehold
interest with not less than 21 years still to run
and he acquired that interest as a purchaser for money
or money's worth ; and
(b) he requires the premises for his own occupation as a
residence ; and
(c) he is excluded from occupation of the premises by a
person who entered them, or any access to them, as a
trespasser ; and
(d) he or a person acting on his behalf holds a written
statement-
(i) which specifies his interest in the premises ; and
(ii) which states that he requires the premises for
occupation as a residence for himself ; and
(iii) with respect to which the requirements in
subsection
entered as such is guilty of an offence if he fails to leave those
premises on being required to do so by or on behalf of-
(a) a disp...laced residential occupier of the premises ; or
(b) an individual who is a protected intending occupier of
the premises by virtue of subsection (2) or subsection
(4) below.
(2) For the purposes of this section an individual is a protected
intending occupier of any premises at any time if at that
time-
(a) he has in those premises a freehold interest or a leasehold
interest with not less than 21 years still to run
and he acquired that interest as a purchaser for money
or money's worth ; and
(b) he requires the premises for his own occupation as a
residence ; and
(c) he is excluded from occupation of the premises by a
person who entered them, or any access to them, as a
trespasser ; and
(d) he or a person acting on his behalf holds a written
statement-
(i) which specifies his interest in the premises ; and
(ii) which states that he requires the premises for
occupation as a residence for himself ; and
(iii) with respect to which the requirements in
subsection
YOU CANNOT USE VIOLENCE TO REMOVE SQUATTERS FROM YOUR PREMISES SO DON'T BE TEMPTED BECAUSE YOU WILL BE COMMITTING AN OFFENCE
The position is set out clearly below in Section 6 of the Criminal Law Act 1977.
OFFENCES RELATING TO ENTERING A...ND REMAINING ON PROPERTY
6.-(1) Subject to the following provisions of this section, any violence for person who, without lawful authority, uses or threatens violence securing entry.
PART II for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that-
(a) there is someone present on those premises at the time
who is opposed to the entry which the violence is intended to secure ; and
(b) the person using or threatening the violence knows that
that is the case.
To read the rest of this section of the Criminal Law Act 1977 please go to.
http://www.legislation.gov.uk/ukpga/1977/45/pdfs/ukpga_19770045_en.pdf
The position is set out clearly below in Section 6 of the Criminal Law Act 1977.
OFFENCES RELATING TO ENTERING A...ND REMAINING ON PROPERTY
6.-(1) Subject to the following provisions of this section, any violence for person who, without lawful authority, uses or threatens violence securing entry.
PART II for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that-
(a) there is someone present on those premises at the time
who is opposed to the entry which the violence is intended to secure ; and
(b) the person using or threatening the violence knows that
that is the case.
To read the rest of this section of the Criminal Law Act 1977 please go to.
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