Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

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Archives for October 2018

Will HS2 Affect You?

The High Speed 2 railway network is designed to connect the country, improving the existing network system and boosting the economy – but how will it affect homeowners and landowners living near the proposed route?

We have extensive experience of working with and supporting clients from the local community with legal matters, and this includes all owners of land and those within the farming community, who may be affected by the government’s proposed rail construction scheme.

What Is The HS2?

The HS2 is the government’s plan to build a high-speed railway network to connect London, the West Midlands, Leeds and Manchester. Costing £56billion, the scheme will result in 400m-long trains, with up to 1,100 seats per train, that operate at speeds of up to 250mph and run up to 14 times each hour in each direction.

The initial part of the plan covers London to the West Midlands, and the route will run between Fradley in the West Midlands and Crewe in Cheshire as part of Phase 2a. The time it takes to travel between Birmingham and Manchester will be halved from 80 to 40 minutes.

Construction for HS2 Phase 2a is expected to start in 2020/21, with the line to Birmingham opening in 2026 and the full route by 2033.

Will HS2 Affect You?

Your property or land may be affected by HS2, depending on where you live. You can check how you’ll be affected using the current proposed routes detailed on this website: https://www.gov.uk/government/publications/hs2-phase-2a-property-scheme-maps-west-midlands-to-crewe

What Happens If You Are Affected?

The government has announced compensation packages for those landowners and property owners affected by the route of HS2, although several factors are taken into account and it’s important you seek professional advice if you think you might be entitled to compensation.

Under something called Statutory Blight or under the so-called exceptional hardship scheme, you could be entitled to compensation if the government needs your land for HS2.

In addition to your proximity to the route, you could be affected in other ways. Earlier in 2017, the government announced HS2 will most likely send construction vehicles through the village of Woore, near Market Drayton, and there may be a construction depot in Stone, impacting on noise and traffic levels in these and surrounding areas.

How We Can Help

Making a claim for compensation if you’re affected by HS2 can be tricky and much depends on your closeness to the route and the specifics regarding its impact.

We have specialist agricultural and property solicitors who have experience of working with the farming communities across Cheshire, and are able to provide expert advice to all owners of land, farmers, and homeowners who are affected by the construction of HS2, to ensure you receive the compensation you deserve.

For legal advice and guidance regarding the impact HS2 could have on your house or land, please contact us on freephone 0800 988 3674 or  01244 313 301 or email advice@bartletts.co.uk

 

 

Bartletts help council tenant win compensation after electrocution from botched building work

As an occupier of a rented property, your landlord has a duty of care to ensure that you are safe while you are in the property and using any of the facilities provided. This duty of care extends so that any work carried out on the property must also meet the requisite health and safety standards. If there is a defect in the property, and you are hurt as a result, you could be able to claim compensation for personal injuries.

This is just what happened to a young man who was renting a property from his local council. The council needed to carry out some repairs to the property and engaged a sub-contractor to do some plastering work. However, the plasterer allegedly plastered over a light switch so that when the tenant switched it on he got an electric shock.

Following the electrical shock, the young man began to feel very nervous around light switches and electrical items, he feared that he might get electrocuted again. Before the accident he was already suffering from stress and anxiety, and his symptoms worsened over the next 12 months.

Fortunately, the young man was able to get some further counselling for his psychological issues from his mental health team and had recovered back to his former heath with three years.

When he came to see one of Bartletts personal injury solicitors in Chester, the young man was in a very distressed state, and felt let down by the council. Our lawyers sympathetically advised him on the best course of action and persisted on his behalf to track down who was responsible for the accident.

Eventually, after going through the council and two sets of subcontractors, we helped him claim compensation for the electrical shock and psychological issues. The claim was settled out of court to avoid any further stress, with excellent negotiation by one of our expert personal injury solicitors taking account of his pre-existing medical condition.

If you have suffered an accident or injury that wasn’t your fault contact one of our personal injury teams today at our Chester or Wrexham offices on 0800 988 3674 or 0333 200 4465  or email advice@bartletts.co.uk

 

Can I Claim Compensation For A Damp Home?

We Have Helped Hundreds Of People Claim Compensation For A Damp Home – Can We Help You Too?

If you’re in rented accommodation and your landlord has failed to fix your home’s damp or mould issue, you may be entitled to claim for compensation.

Your local council or Housing Association landlord has a legal obligation to ensure your home is maintained to a safe and comfortable level. Poorly maintained homes often suffer from mould, damp or condensation, which can impact on your health as well as personal belongings.

You have rights as a tenant, and if you’ve informed your landlord and he has failed to take the necessary steps to fix the damp problem, then you can make a claim for damp or mould compensation against your landlord.

Make a free enquiry now. Call us on 01244 645830 or complete a Free Online Enquiry to discover your legal rights and entitlement to compensation.

“My claim was finalised and the outcome was substantial more than I expected. I can’t thank Trevor Morris and Bartletts enough for their help and would not hesitate to recommend them to anyone.” – Mr DT

What Can You Claim Damp Compensation For?

Living in a damp or mouldy home is bad for your health, your wellbeing, and all your possessions. You have a right to live in a safe, habitable place, and if you’ve reported the damp and your landlord has done nothing, you should claim for compensation and to ensure the repairs are carried out.

Damp, mould or heavy condensation can trigger a range of health issues and damage your home. As a guide, you may be able to make a claim for housing disrepair compensation, if you’ve suffered any of the following:

  • Respiratory problems
  • Allergic reactions
  • Skin irritations
  • Fungal infections
  • Sneezing fits
  • Inconvenience and discomfort
  • Any costs incurred
  • Damage to furnishings
  • Damage to belongings

How We Can Help With Your Claim For Damp Compensation

If you have evidence that you’ve informed your landlord of the damp or mould in your home and your landlord has taken no action, our experienced housing law solicitors will help you make a claim for compensation.

We will make a compensation claim on your behalf for your poorly maintained home and the suffering this has caused you and your family. Working closely with you to fully understand your situation, we will ensure you receive the compensation you deserve for any health issues and damage to your personal possessions caused by living in a damp environment, as well as for the stress, inconvenience and discomfort of living in an uninhabitable home.

In addition to claiming for compensation, we may be able to secure a full or partial rent refund for the time you’ve had to spend in the property when it was damp or mouldy.

Throughout the entire claims process, we will provide advice and guidance at every stage and ensure you are fully supported in your claim for compensation from your landlord for illness and injuries.

To speak to one of our professional housing law solicitors about claiming compensation from your landlord for damp in your home, contact us on 0800 988 3674 or email advice@bartletts.co.uk

“I just wanted to thank you for settling my claim – I am absolutely over the moon! Thank you so much for taking on my case, I really appreciate everything you have done. Thanks again.” – Laura

LPAs: Best Preparation For ‘Incapacity Crisis’

A recent study has highlighted that millions of Britons are ill prepared for their potential mental capacity loss in the future by failing to set up a Lasting Power of Attorney (LPA) – by setting up an LPA, you can protect yourself in later life should you become unable to make decisions.

Along with a Will, one of the best ways to protect yourself in the future is by creating a Lasting Power of Attorney (LPA) – not only does an LPA ensure your wishes are carried out and decisions made in your best interests in the event that you should no longer be able to make decisions yourself due to mental incapacity, it also removes the strain from family and loved ones at an already distressing time.

However, according to a recent report, approximately 12million Britons aged 65 and over are at high risk of future mental incapacity and haven’t planned ahead with the creation of LPAs – when combined with the fact dementia diagnosis and highlighted dementia diagnosis risk have increased in recent years, the situation has been called an ‘incapacity crisis’.

How Will An LPA Help?

Research has shown that dementia is now the biggest killer, overtaking heart disease as the nation’s leading cause of death, accounting for 12% of all deaths in 2016. This means that potentially millions of us are facing a future in which we’re no longer able to make decisions for ourselves, which is why setting up an LPA is a crucial decision which should be taken as part of your planning for the future.

By creating an LPA today – whether you decide to set up a Property and Financial Affairs LPA and / or a Health and Welfare LPA – you are taking control of the future, no matter what happens to your mental health. By choosing someone or several people to be your attorney/s, who you trust completely to make the right decisions for you if you ever become mentally incapable, you retain control over what happens to you in later life.

Without an LPA, your spouse or next of kin cannot automatically make medical and care decisions on your behalf and will need to apply for a Court of Protection order, whereby decision is made on your behalf. The process is complex; it can take at least 4-6 months to complete and there is no guarantee of success in the end.

How We Can Help With LPAs

LPAs are legal documents that enable someone you trust with your personal affairs to help you in the future to act on your behalf and in your best interests, when you’re no longer able to make decisions due to mental incapacity. As with all important legal plans, LPAs can be complex and it is recommended that you seek professional advice before putting one in place.

Our experienced Wills and Probate solicitors understand the sensitive and crucial nature of LPAs and provide tailored guidance on every aspect, including how best to manage any complicated assets like overseas property and the type of LPAs most suitable for your particular situation. We are also able to act as one of your chosen attorneys, should you wish to appoint a professional attorney alongside your spouse, children, relatives or close friend.

To speak to one of our professional Wills and Probate solicitors about protecting your future through the creation of an LPA, contact us on Tel: 01244 311 633 or 0800 988 3674 or email advice@bartletts.co.uk

Can I Make a Claim For Compensation For Housing Disrepair?

If you’re living in rented property and your landlord has failed to take action over your complaints of housing disrepair, you may want to make a compensation claim for damages and to ensure the repairs are carried out.

Your landlord has a legal duty to make sure your home is kept in an acceptable state of repair, which includes the structure and exterior of the house, bathroom sanitary products and pipework, heating and ventilation systems, electrical wiring and gas pipes, as well as some appliances if included in the tenancy agreement.

There is a Pre-action Protocol for Disrepair Claims that has to be followed before you can pursue a claim in the County Court, and there may be disrepair related claims you can bring against your landlord, for example, for personal injury if you’ve suffered because of the disrepair or for negligence on behalf of your landlord.

If your landlord has not taken action when informed of housing disrepair, we recommend you speak to a housing disrepair solicitor for professional advice on how to claim for compensation. However, as a guide, a tenant needs to prove 3 things when bringing a case against a landlord.

Key Steps For Making A Housing Disrepair Claim

Tenants need to prove 3 things when making a claim for housing disrepair compensation:

  1. The home has defects
  2. The landlord knows of the defects
  3. The landlord has failed to resolve the defects within a reasonable time period

Tips For Proving Housing Disrepair And Landlord Inaction

Gathering evidence is key if you want to make a claim against your landlord, and you need to prove your home suffers from defects and that your landlord knows of these defects but has failed to take the necessary action.

You may have photographic evidence of your home’s defects, depending on the nature of the disrepair. Alternatively, we may need to draft in professional help when it comes to getting the evidence required– for example, using the services of a chartered building surveyor and then obtaining a quote for repairs from a reputable builder to detail the defects.

Once you have this, find all the evidence you have that shows your landlord has had knowledge of the defects and not taken action to remedy the disrepair. Text messages, emails and correspondence records are useful, as are details of any annual house inspections that should have been carried out but weren’t and when your landlord visited your home and would have seen the defects.

In terms of whether a reasonable period of time has elapsed, this will depend on the nature of the disrepair. For urgent defects such as a broken boiler in winter, immediate remedial action is expected, whereas for matters related to plasterwork or less urgent defects, weeks and even months would be considered reasonable.

Top Tips For Making Housing Disrepair Claims Easier

If you’re a tenant and living in rented property that has defects your landlord won’t remedy, gather or start to gather all the necessary evidence to support making a claim for housing disrepair compensation.

Sometimes landlords react to tenants’ complaints of disrepair by serving eviction notices under section 21 of the Housing Act 1988. However, if your tenancy started on or after 1 October 2015, there are steps you can take, for example, if you have complained in writing to your landlord or letting agent or have been served a section 21 following your complaint.

Our property disputes solicitors have the experience to help you at every stage of your housing disrepair claims process – from the initial impartial and no-obligation advice to decide if you have a case and how best to proceed, right through to securing the right amount of compensation for you. Normally a tenant can only claim for the 6 years before any disrepair claim is issued at the County Court, but as with every aspect of the claims process, every situation is unique and your solicitor will be able to tailor all advice and support accordingly to ensure you achieve the best possible outcome.

To speak to one of our professional housing law solicitors about claiming compensation from your landlord for defects in your home, contact us on 0800 988 3674 or email advice@bartletts.co.uk

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