Archives for 2020

Your Guide To Housing Disrepair Claims

Housing disrepair is when a rented property becomes unsafe or uncomfortable for a tenant to live in because the landlord has failed to carry out the necessary work within a reasonable amount of time after being informed of the issue.

As a tenant, you have a right to live in a property that is structurally sound and internally safe for living in. If this has not been your experience and you are living in rented property in need of repair or that is poorly maintained by the landlord, you may be eligible to make a housing disrepair claim.

Landlords And Housing

If you rent your home, your landlord has a duty of care to ensure it is safe and suitable for you to live in. This is a legal responsibility of all landlords, whether you’re a social tenant in a council-owned property or a private tenant in privately-owned property.

Under the Homes (Fitness For Human Habitation) Act, repairs to property are now contractual and a failure to complete repairs is a breach of contract that allows the tenant to take legal action.

Legally, landlords must ensure the property is:

• In a good condition structurally
• Free from damp and mould
• Fitted with working drains and gutters
• Safe and has access to electricity, gas and water
• Warmed by a working heating system
• Free from vermin or insect infestation

Housing Disrepair

There are many examples of housing disrepair, including condensation, poor ventilation, no heating, and rotten window frames.

As a guide, the following issues when left unfixed after you notify your landlord of the issue, are considered examples of housing disrepair:

• Cracks in the external walls that let cold air in
• Rotten window or door frames that let water or cold air in
• Cracked plaster on internal walls
• Broken or faulty gas boilers that are dangerous
• No heating due to a faulty system or boiler
• Leaking pipes that cause damp and mould
• Loose tiles on the roof that cause damp or cold air to get in
• Sanitation units that are broken or faulty
• Mice or insect invasion

Housing Disrepair Claims

Living in a property that is cold, damp, unsafe or uncomfortable, as a result of your landlord’s failure to carry out repairs within a reasonable amount of time after being notified of the issues by you, could mean you have a right to make a housing disrepair claim for compensation.

The most common types of housing disrepair claims relate to:

• Health
  Damp homes or living in a house with no heating or with draughts can cause chest infections and illness.
• Inconvenience
  Part or all of the house may become uninhabitable and cause you to live in a smaller area than is comfortable.
• Damage
  Water leaking or damp conditions can ruin clothing and bedding, etc, or it may be your belongings are damaged when repairs are carried out.

How We Can Help You With Your Housing Disrepair Claim

Our property solicitors have extensive experience and knowledge of housing law and handling claims for housing disrepair – and will be able to help and advise you regarding your living conditions and whether you are eligible to claim for compensation.

If you’ve notified your landlord of the issues in need of action or repair, but the necessary work has not been carried out within a reasonable amount of time, and your home has become unsafe or uncomfortable to live in as a result, you may be able to claim for housing disrepair compensation.

We will support you at every step of the claims process, if you decide to make a claim, to ensure you receive the compensation you deserve from your landlord.

To speak to one of our specialist property solicitors about your housing situation, contact us on 0800 988 3674 or email advice@bartletts.co.uk

 

 

A business Lasting Power of Attorney (LPA) protects your interests and looks after your company at a time when you’re no longer able to do so yourself.

Designed to help in a similar way to standard Lasting Power of Attorneys, business Lasting Power of Attorneys safeguard the interests of a business as well as the interests of its owners and its companies.

Why Have A Business LPA?

With a business LPA, you can appoint one or more Business Guardians who are able to oversee the running of your business for a short or extended period of time.

Having a business LPA in place gives you the peace of mind and security that, should you lose mental capacity at any time due to a serious illness or accident, your business won’t suffer a big disruption to its day-to-day operations.

Business owners who can benefit from appointing an attorney, include:

• Shareholders
• Sole traders
• Partners

What Happens If A Business Owner Loses Capacity & Has No Lasting Power of Attorney?

If you suddenly became unable to make commercial decisions but had no LPA in place, this could have a serious impact on your business.

Your business could be affected badly with difficulties including no one able to:

• Sign documents
• Access your bank accounts
• Authorise staff payments
• Order supplies

It can take months for someone to make an application to the Court of Protection to request the court appoint them as deputy in order to make decisions on your behalf, and is more expensive than creating an LPA in the first place.

How We Can Help You Create A Business LPA

Our specialist Wills and Probate solicitors at Bartletts are here to help you ensure every aspect of your business is protected by putting a business LPA in place.

We will assist you at every stage of drafting a business LPA including making sure the Business Guardians you choose are the right people for your firm.

To speak to one of our solicitors about making an LPA for your company, contact us at our Hoole office on Tel: 01244 311 633 or freephone on 0800 988 3674 or email advice@bartletts.co.uk

 

Will My Personal Injury Claim Progress ?

Since the start of the first lockdown in March, we have been working as normal to help our clients with their legal matters, the only difference has been location as we were initially working remotely from home rather than from the office.

All our solicitors are contactable as though they were in the office and continue to speak to clients, insurance companies and other solicitors to ensure the work is still completed.

Cases are settled weekly and meetings / Court hearings still go ahead via telephone or video calls.

Can Deadlines Still Be Met?

Yes, they can. At the start of lockdown, the Government amended the Civil Procedure Rules to provide greater flexibility for parties meeting Court deadlines and directions.

Practice Direction 51ZA now states both parties can agree extensions of deadlines by up to 56 days. The Courts are also showing greater leniency when extension requests are made.

We are all working diligently to make sure all cases progress as they would outside of lockdown, and always meet our weekly deadlines to keep cases on track.

What Can You Do To Help With Your Personal Injury Claim?

In addition to speaking to a qualified personal injury lawyer about your claim, there are things you can do to support your case and make it stronger.

Document Your Injuries

Any official reports will support your claim, so if you’ve been injured in a road traffic accident contact the authorities straightaway so they can document the incident.

Take photos of the scene of the accident and the details of the other party and witnesses, and store these somewhere safe.

Keep A Diary

It’s a good idea to write down your life since your accident, and the physical and psychological impact it’s had on you. Document any pain or mental suffering, keep photos of your injuries, and stay in touch with your GP as your medical records can be used as evidence.

Also keep a record of your financial losses since your accident, including receipts and evidence of extra costs incurred.

Talk To Your Lawyer

Your solicitor is there to help you so be sure to communicate with him or her, asking questions and checking if ever you’re unsure. Make sure you don’t settle your case too soon – you should wait until your treatments are completed, including any physiotherapy, surgical operations or therapy you may need. It’s a good idea to speak to your personal injury solicitor before accepting a settlement.

How We Can Help You With A Personal Injury Claim

Our personal injury solicitors are providing the same high standard of service throughout lockdown and are fully committed to ensuring it is business as usual for all our clients.

The nature of the coronavirus situation is that it is changing on a regular basis – we will provide you with the most relevant advice and guidance for your personal injury claim and support you throughout the entire process.

As always, we will ensure we fully understand your situation and the circumstances of your accident before tailoring our advice on the best way to proceed and to secure the best possible outcome for you.

To speak to one of our specialist solicitors about making a personal injury claim, contact us on 0800 988 3674 or email advice@bartletts.co.uk

 

 

If you’re injured at work because of an accident that wasn’t your fault, you may be entitled to make a claim for compensation.

If you can show your injury was caused by someone else’s negligence or mistake, you can make a claim for compensation.

Who Pays Accident At Work Compensation?

The law states your employer has a legal duty to keep you safe while you’re at work and could be responsible for paying compensation to you for your no-fault accident at work.

Your employer is legally required to pay statutory sick pay while you recover from a work-related injury or illness.

In the UK, all organisations – regardless of size – must have sufficient employers liability insurance in place that covers medical costs when an employee is injured at work or becomes ill due to exposure at work.

So, if you’ve been injured in an accident that wasn’t your fault, while doing your job, then your company’s insurance firm should cover the amount of compensation you’re entitled to.

Types Of Accident At Work

Every accident at work is different but as a guide, personal injuries are usually caused by one-off accidents or repeated exposure at work.

One-off accidents at work include:

• Slips, trips and falls
• Falling from a height
• Being hurt by a falling object
• Being crushed by heavy machinery
• Being hurt by faulty equipment
• Sustaining burn injuries from accidental contact with hazardous materials

Repeated exposure accidents at work include:

• Carpal tunnel syndrome caused by repetitive activities
• Tinnitus or hearing loss from noise exposure
• Back pain due to lifting heavy items without proper training or support
• Respiratory illness due to toxic fumes exposure

What Should You Do If You’re Injured At Work?

The most important thing to do if you’re injured at work is to deal with the formalities of notifying your employer of your injury or illness – once you’ve made sure your immediate medical needs have been taken care of.

You need to create a record of your accident to support your claim and try to ensure the incident is recorded in the accident report book at your place of work.

Every accident at work is unique and requires a slightly different approach, but as a guide if you’re injured at work and it is severe, you should call for an ambulance before asking a colleague to deal with the formalities (detailed below) on your behalf.

As a guide if you’re injured at work, you should:

• Report your accident to your site or floor manager
• Create a written incident report in the accident book at work
• Take photos of the scene of your accident
• Establish if any witnesses and get statements from them

You need to have evidence that your accident at work was due to no fault of your own and that it was caused by someone else’s mistake or negligence, and that your employer was aware of your accident straightaway.

How Much Compensation Will You Get For Your Injury?

Every compensation case is different and the amount of compensation you receive will depend on a number of factors.

Your level of compensation depends on:

• The severity of your injury or illness
• Medical treatment costs
• Any lost income
• Ongoing care costs
• Personal pain and suffering

How We Can Help You Claim Compensation For Your Accident At Work

The law is particularly complex when it comes to accidents at work, which is why it’s important to use a qualified and experienced personal injury solicitor – and our specialist solicitors have successfully handled a range of accident at work cases, helping to secure the best possible compensation and outcome each time.

If you have been injured due to an accident at work or become ill because of exposure at work, caused by someone’s negligence or mistake, we will support you at every step of the process. We offer a free no-obligation initial consultation to discuss the details of your accident and establish if your employer is responsible, and provide ongoing advice and guidance, should you decide to make a claim, to help you secure the compensation you deserve.

To speak to one of our specialist solicitors about your accident at work or to make a claim for compensation, contact us on 0800 988 3674 or email advice@bartletts.co.uk

 

 

The coronavirus pandemic has caused many challenges and dealing with the death of a loved one as an executor is even more stressful in the current climate of uncertainty and restrictions.

Add to this the fact that in recent years more claims have been brought against executors by beneficiaries, and the prospect of administering an estate can feel overwhelming.

However, executors still need to fulfil their obligations despite the lockdown restrictions and social distancing measures, and need to understand just what their duties are if they are to avoid claims being made by beneficiaries.

What Must You Do As An Executor Of An Estate?

If someone appoints you to be their executor in their Will, you are responsible for administering their estate after they die – and this is a big responsibility.

In addition to the simpler tasks such as registering the death and obtaining the death certificate, an executor needs to complete many tasks, including:

• Valuing the estate
• Calculating the taxes that need to be paid
• Maintaining records throughout

Despite the changes and restraints brought about by Covid-19, an executor must still perform the following duties:

• Meet all deadlines, such as those for the payment of taxes
• Factor in extra time for responses from institutions like HMRC that are experiencing delays due to the pandemic
• Protect the estate and maintain its value, ensuring any property of the estate is secure and the relevant parties are kept informed
• Stay in regular contact with the beneficiaries and update them on how the estate is performing and when they can expect to receive their inheritance
• Keep accounts and records up-to-date

What Happens If There Are Disputes From Beneficiaries?

Sometimes, regardless of the best efforts of an executor, he or she may face criticism from the beneficiaries. The best way to protect yourself from this happening is to keep detailed records that justify your actions and show you’ve followed the wishes of the deceased.

However, occasionally beneficiaries disagree with the choice of executor or an executor may disagree with a fellow executor on the interpretation of the Will, and when this happens it’s a good idea to seek legal advice on the best course of action.

How We Can Help You Administer An Estate

Being an executor and administering an estate is a big responsibility, particularly with the current lockdown restrictions and social distancing measures in place – and our specialist solicitors are here to help if you need some support to fulfil your duties.

We will ensure you are able to complete your obligations as executor to the best of your abilities and are here to advise you at every step of the administration process, to help make sure you take the best course of action and minimise the risk of a claim being made against you by a beneficiary.

To speak to one of our solicitors about administering an estate, contact us on 0800 988 3674 or email advice@bartletts.co.uk

 

 

The coronavirus pandemic is unprecedented and is causing many of us to feel uncertain about what the future holds – and is a reason more individuals are deciding to create Lasting Powers of Attorney.

What Is A Lasting Power Of Attorney?

A Lasting Power of Attorney (LPA) is a document that legally lets you appoint someone to be your attorney and to make decisions on your behalf when you’re no longer able to do so yourself.

If you become mentally unable to make personal or financial decisions then you need an attorney to make them for you.

Usually LPAs are used by elderly and vulnerable individuals, but the coronavirus epidemic has resulted in many more people creating LPAs because of the worry of being incapacitated by the virus.

What Types Of LPAs Are There?

There are two types of LPAs that can be made:

• Property and Financial Affairs
  This type of LPA covers decisions relating to property and finance, such as buying and selling houses, investing, and receiving income. Your chosen attorney can help you whilst you still have mental capacity and will only act on your behalf when you lose mental capacity to make decisions for yourself.
• Health and Welfare
  This LPA covers decisions such as your medical care, where you live, the food you eat, and your social activities. Your chosen attorney cannot act on your behalf until you are no longer able to make decisions due to a loss of mental capacity, which may be caused by illness, being in a coma, or dementia.

How Do You Choose An Attorney?

It is up to you who you appoint as your attorney, provided you are mentally capable at the time of creating an LPA.

As a guide, you will likely choose an attorney based along the following lines:

• He or she is right for your needs
• The number of attorneys is personal, but most people choose between 1 and 4
• You trust him or her to make decisions on your behalf and he or she is able to carry out the role
• Your chosen person agrees to be your attorney – after all, attorneys are subject to the law regarding LPAs as well as any restrictions you place upon them

Can You Create an LPA During The Pandemic?

Yes, you can – the Government has issued guidelines on how to prepare and register an LPA during the coronavirus outbreak.

Guidelines include:

• The LPA must be signed by all parties and all signatures must be witnessed by an independent person
• A certificate provider, who ensures you know what the LPA is and that you haven’t been pressured into creating it, also needs to sign the LPA

How We Can Help You Make A Lasting Power Of Attorney

We are here to help guide you through the process of creating a Lasting Power of Attorney, and will ensure you are able to complete your LPA efficiently, accurately, and safely. We will make sure everyone is able to sign the LPA and adhere to the current social distancing rules.

In these changeable times, an LPA provides the certainty and peace of mind many people want and need.

Our specialist solicitors will advise you on every aspect of Lasting Powers of Attorney and ensure you create one that is right for you and your loved ones.

To speak to one of our solicitors at our Hoole office about making an LPA, contact us on Tel: 0800 988 3674  or Chester: 01244 311 633 or email advice@bartletts.co.uk

A farmer who suffered broken ribs and knee injuries when he fell into a well has been awarded compensation after making a claim with the help of Bartletts Solicitors in Wrexham.

Specialist Personal Injury Solicitor Owain Dodd at Bartletts Solicitors Wrexham worked on this case to help the 45-year-old farmer secure compensation for the injuries he sustained when he fell into a well as he walked back to his car in a low-lit pub car park.

The poor lighting in the car park resulted in the farmer missing the steps as they couldn’t be seen, as he approached his car, causing him to fall forwards and sideways into a well.  

He suffered broken ribs, knee injuries and grazes to his hands when he fell, and needed physiotherapy for his knee and painkillers and rest for his ribs.

He still suffers knee pain, especially when the weather is cold or after a long day on the farm.

Fortunately, the man got in touch with Owain Dodd at Bartletts Wrexham office who was able to prove the pub was liable due to the minimal lighting in its car park. Owain successfully secured compensation for the farmer for his personal injuries and loss of earnings.

To speak to one of our specialist personal injury solicitors about your personal injury or accident claim, contact us on 0800 988 3674 or Telephone our Wrexham office on: 01978 360056 or Chester on: 01244 405 399 or email advice@bartletts.co.uk

Losing a loved one is a distressing and emotional time – and sometimes this upsetting situation can be made far worse if there are disagreements relating to the deceased’s Will.

Whether it’s because there are doubts over the validity of the Will or disagreements regarding the contents of the Will, there are times when individuals may wish to challenge a Will.

Who Can Challenge A Will?

The law on Wills is complex but as a guide any beneficiary or person deemed likely to benefit from the Will can challenge it.

This includes an individual who is:

• A blood relative or spouse
• Named in an earlier Will
• Financially dependent on the deceased
• Owed a debt by the deceased
• Not included despite being previously promised something in the Will

For What Reason Can You Challenge A Will?

Every situation is different and the grounds for challenging a Will vary enormously.

Reasons for challenging a Will can include:

• The Will is poorly prepared
• Suspicion the Will is forged
• The deceased had been influenced or pressured at the time
• The deceased was not of sound mind at the time

When Can You Challenge A Will?

It’s advisable to challenge a Will as soon as possible as there are time limits on certain challenges that can be as little as six months from the date probate was granted.

It’s harder to make a challenge once probate has been granted and the estate is distributed amongst the beneficiaries. It is not impossible to do so after the distribution of the estate occurs but you should submit your claim before this point if at all possible.

How Long Does It Take To Challenge A Will?

As with many legal matters, the length of time challenging a Will takes depends on the individual circumstances. It’s usually complicated to contest a Will and takes any time between a few months and several years.

If you can, we strongly advise you to try to resolve the matter through mediation as this will save you time and money as well as the stress of having to go to court.

How We Can Help You Challenge A Will

Our Wills and Probate solicitors have the experience and sensitive approach to help you with challenging a Will and have a strong track record for resolving disputes quickly and effectively.

We understand what an emotionally distressing time this likely is for you and provide a free, no-obligation initial consultation so you can seek the legal advice you need before deciding whether to go ahead with the challenge.

Once we know the details of your situation, we will provide advice and guidance, and help you achieve the best possible outcome – for you and your loved ones.

To speak to one of our specialist solicitors about challenging a Will, contact us on 0800 988 3674 or telephone our Hoole office on 01244 311 633 or email advice@bartletts.co.uk

 

 

Depending on how you own your property, without a will, the law decides who inherits your house.

A will can ensure that your chosen beneficiaries receive your property when you pass away.

How Do You Own Your House?

You may own your house in your sole name or jointly with someone else. The way you own your home makes a big difference if you die without a Will in place.

Sole Name Owner

If you own your home in your sole name and die before making a Will, the rules of intestacy decide who inherits your house. These inheritance laws are strict and place your relatives in priority order – which may not be in accordance with your wishes when it comes to who you’d like to give your house to when you die.

Joint Tenants Owner

If you own your home jointly with another person, as Joint Tenants, this means you both own the property together as a whole and neither of you has an identifiable share. If you die without leaving a Will, your ownership of the property automatically transfers to the surviving joint owner.

Tenants In Common Owner

If you own your home jointly with another person, as Tenants in Common, this means you both own a specific share of the property. If you die without a Will in place, your co-owner would not automatically inherit your share of the house and instead your share would be distributed according to the rules of intestacy.

Rules Of Intestacy

The rules of intestacy are the inheritance laws that determine how a person’s estate is distributed when they die without a Will.

According to the rules of intestacy, your relatives are placed in the following order of priority for inheritance:

• Spouse or civil partner
• Children
• Grandchildren or great grandchildren
• Parents
• Siblings
• Grandparents
• Aunts and uncles
• Half aunts and uncles

The rules of intestacy are strict and don’t take into consideration every family set-up. For example, the laws do not consider unmarried partners or step-children, which can result in loved ones being overlooked even when the deceased wanted them to inherit.

Why Is A Will Important?

Making a Will enables you to express your wishes for loved ones after you die, to ensure they are looked after when you’re no longer able to care for them yourself.

In a Will, you can state exactly how you wish your possessions and assets, including your house, to be distributed when you die. This means you decide who gets what items – and not the law. You can care for loved ones by writing a Will and avoid any extra stress and disagreement for loved ones at what will be an already distressing time for them.

When it comes to your house, you can be detailed in terms of who you’d like it to pass to and how. For example, with a Property Trust Will, you can state that your share of your house, if you co-own it, or all of your house if you own it in your sole name, is to be left to your partner to live in during his or her lifetime before it passes to your children.

With a Will, you are able to take care of loved ones – and in the way you want to, too.

How We Can Help You With A Will

Our Wills and Probate solicitors are here to assist you with writing a Will or updating a Will, and will work hard to ensure your loved ones are taken care of in the best possible way as a result.

We will ensure we fully understand your situation and family arrangements before tailoring our advice and guidance on the factors to consider in your Will. With our help, you will be able to protect loved ones and their future after you die.  

To speak to one of our specialist solicitors about making or updating a Will, contact us on 0800 988 3674 or telephone our Hoole office on 01244 311 633 or email advice@bartletts.co.uk

As we’re now able to take unlimited exercise outdoors and many of us are opting to cycle either for leisure or to commute to work instead of using public transport, perhaps it’s not surprising that the number of cycling accidents has risen in lockdown.

According to data revealed by road.cc the number of cyclist deaths are more than twice the average for the time of year – for the month from 23rd March when lockdown began, 14 cyclists in Great Britain and 1 in Northern Ireland were killed in road traffic accidents. This compares to data from the Department for Transport that shows 49 recorded deaths of cyclists in Great Britain in March and April from 2015 to 2018, averaging a monthly average of 6.

While this could be a sudden spike rather than a long-term trend, as it is only based on one month, there may be reasons for the increase. Far more cyclists have taken to the roads since lockdown started and although traffic levels have been far lower there have been issues with speeding due to the quieter roads – and, of course, potholes still an issue.

So, what should you do if you have a bicycle accident?

Staying Safe On the Roads

Although roads are quieter than normal, it’s important to still take the necessary precautions when cycling in order to stay safe – there are still vehicles to be mindful of.

Furthermore, you should be aware there are more cyclists on the roads and ensure you keep a safe distance from one another.

What To Do If You Have A Cycling Accident

If you’re involved in a cycling accident that wasn’t your fault and have been injured as a result, there are some steps you should take to ensure you can claim for compensation.

With a bicycle accident compensation claim, you need to show that the other person was at fault and it was their negligence that caused the accident and your injury. Your personal injury solicitor can help with this, determining exactly what happened before, during, and after your accident and providing evidence on who was at fault – and there are things you can do to assist your solicitor with making a case.

Seek Medical Help

Firstly, make sure you’re seen and checked by a doctor to make sure you’re okay following the accident. This is important to do even if you feel fine at the time – many cycling injuries affect your neck and back, which can take a day or so to be felt. Keep a record of all medical attention you have had and any medication you have taken.

Take Details

Get the details of the other party involved in the accident, including their name, address, vehicle registration number and insurance details.

Take Photos

If possible, take photos of the accident safely and of other vehicles involved in the accident immediately – otherwise, return to the scene soon after to take pictures.

Tell The Police

Report your accident to the police so they have it on record. They will also be able to help you trace the other party if you have difficulties finding them based on the details you’ve been given.

Keep Track Of Costs

Any costs such as bike repair or replacement together with loss of earnings should be noted and you should keep all receipts as evidence.

How We Can Help You With A Bicycle Accident Claim

Our personal injury solicitors can help you if you’ve been hurt in a cycling accident that wasn’t your fault and will work hard to establish it was the other party’s negligence that caused the accident – and ultimately, your injuries.

We are working as normal at the moment and continue to support our clients fully with each cycling accident claim – the only difference to our way of working is that we are currently working remotely from home rather than from the office.

We will still ensure we fully understand your situation and the details of your accident so we can provide you with tailored advice and support that means you have the best chance of making a successful claim for compensation.

To speak to one of our specialist solicitors about making a cycling accident claim, contact us on 0800 988 3674 or Telephone our Chester office on: 01244 405 399 or Wrexham on Tel: 01978 360056 oremail advice@bartletts.co.uk