Bartletts Solicitors

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How Can You Avoid Common Pitfalls When Buying Property?

With the property market still moving at a fast pace, it’s vital you’re able to buy your next home as quickly and as efficiently as possible – and using an experienced professional conveyancing solicitor will help ensure the process is as straightforward as possible.

Buying or selling a home is often a major decision or an important investment and the process can become complicated and stressful. With the help of an experienced conveyancing solicitor, you don’t need to worry about the legal aspects of a property purchase and can buy with peace of mind.

Your conveyancing solicitor will make sure the process runs as it should and that all the legal necessities are taken care of, including approving contract, checking the title and searches, raising appropriate enquiries, complying with Lender’s conditions in the mortgage, arranging the transfer of funds from buyer to seller, and transferring ownership from seller to buyer.

How To Avoid The Common Pitfalls Of Residential Conveyancing

Buying a home is an exciting but stressful time as there is a lot that can go wrong with the purchase process – which is why you need to use an experienced professional conveyancing solicitor who will make sure all the legal checks are made and that the process is as straightforward as possible.

5 common pitfalls to avoid when buying or selling property:

  • Moving Slowly

Once you’ve made the decision to buy, instruct an experienced conveyancing solicitor as soon as you can who will start the purchase process straightaway. Always use a CQS (Conveyancing Quality Scheme) accredited solicitor for peace of mind.

  • Being Unprepared With Documentation

Have your forms of ID ready so that you don’t delay the process – acceptable forms include a passport, driving licence or council tax bill.

  • Not Checking Paperwork

Make sure you fill in the paperwork correctly and return it quickly too. Always check the details in the paperwork to ensure you fully understand the nature of the property you’re buying – for example, rights benefiting the Property, rights reserved against the Property, restrictions affecting its use and future alterations or extensions or has it undergone any alterations or extensions such a loft extension or new conservatory? If so advise your solicitor so that he can ensure that the relevant planning permissions are there for any work that’s been undertaken. Ask your solicitors if you haves any questions or if you are not sure about any aspect.
If you’re selling a property, make sure you have all the paperwork needed for any alterations that have been made to the property.

  • Not to Carry Out Searches

Searches enable you to check the details of the home you’re buying, including the immediate area and any potential risks associated with it such as drains and sewers running through the Property, which may affect future development, or a history of flooding or any financial charges registered against this Property. Be careful you don’t decide not to conduct searches in order to speed up the process, as this could result in you paying too much for the property or having difficulties selling it in the future or you end up paying the financial charges.

  • Failing To Understand The Details

Make sure you understand the type of property you’re buying, such as is it freehold or leasehold and the intended use of the property, such as a home or to rent out. These key details will affect the information your conveyancing solicitor needs. For example, with a leasehold property you’ll need to see a management pack that includes data on issues such as service charge and ground rent, and for a buy-to-let purchase your mortgage agreement will likely be more complicated and your solicitor need to make various checks to ensure that any existing tenancy complies with lender’s requirements and meets the current legislation.

How We Can Help You With Your Property Purchase

Our conveyancing solicitors are here to help you with every aspect of your home purchase or sale, and have the experience and legal knowledge to ensure the process is as efficient and uncomplicated as possible.

We will provide advice and guidance throughout, making sure all the checks are completed accurately and quickly, and that you understand fully the details of the property to avoid any potential unexpected costs or problems in the future. With our help, your property purchase will be both delay- and stress-free.

For advice on the residential conveyancing process or to speak to one of our conveyancing solicitors about a property you’d like to buy or sell, contact our team of specialist property solicitors on 01244 311 633 or email advice@bartletts.co.uk

How does Inheritance Tax Work?

Inheritance tax is unfortunately a fact of life but the good news is you can take steps to minimise the amount your loved ones have to pay after you die.

Inheritance tax (IHT) and Wills go hand in hand and you should use your Will to keep the amount of IHT owed on your estate to the smallest possible sum – as well as to look after loved ones when you’re no longer around.

Inheritance Tax Facts

According to the Office for Budget Responsibility (OBR), approximately 6.5% of estates will face the 40% IHT rate by 2026 – which is a lot more than the 3.7% of estates facing the higher rate in 2020.

So, what is causing this sharp increase in estates facing the higher IHT rate?

According to the OBR, it’s a combination of:

  • Huge rises in property prices
  • Extra deaths caused by the Covid-19 pandemic

The IHT threshold has remained at £325,000 since 2009. This means that no tax is paid on estates worth less than this amount. There is an extra £175,000 allowance for the family home provided it passes to direct descendants, and this will stay frozen until 2026.

The good news for married couples and civil partners is that any IHT allowance unused can be passed onto a spouse or civil partner, meaning they can effectively leave an estate worth £1million in total without their family having to pay any inheritance tax.

What Are The Implications Of More Estates Facing 40% IHT Rate?

It is likely that more and more people will want to minimise or avoid IHT being payable by sharing their wealth during their lifetime rather than leaving it to loved ones in their Wills.

Lifetime giving can be challenging, though, and you should be wary of:

  • Undue influence
    This is when someone is pressured into making a big gift of money or property, when perhaps they don’t want to. This so-called undue influence can be hard to identify and establish either during the lifetime of the victim or after their death, but it’s not impossible. Even when someone appears willing to transfer across their property, they can still be found to have done so under undue influence.
  • Predators
    With wealthy elderly relatives, you need to be watchful of greedy family members but also stranger predators. There are individuals who will try to groom vulnerable elderly victims into marriage – it’s scary how few safeguards are actually in place to prevent a marriage involving an elderly person lacking mental capacity. As marriage cancels an existing Will, a victim’s ‘spouse’ inherits the estate, and benefits from the IHT spouse allowance too.
  • Gift with reservation of benefits

These are gift where the ownership of an asset is transferred to someone else but the person making the gift retains the benefit of the asset.  For example, gifting your own to your children but you remain living in the property.  HMRC will treat that asset as still belonging to you and its value will be taken into account for IHT purposes.

What Can You Do To Keep Safe?

If you have your doubts about someone – either someone who you think may be pressuring a family member or putting too much pressure on yourself – seek legal advice as soon as possible. You may be able to put safeguards in place and take steps to ensure your wishes and those of a loved one are respected.

How We Can Help You

Our specialist Wills and probate solicitors are here to help and advise you on every aspect of inheritance, including IHT and Wills disputes and what to do if you suspect someone is trying to take advantage of a family member or influence your decision making.

We will listen to you to ensure we fully understand your circumstances before providing tailored advice and support to help you make the right decisions for you and your loved ones.

To discuss inheritance tax or Wills with one of our solicitors, contact us on 01244 311 633 or email advice@bartletts.co.uk

Should I Make A Will If I am Co-Habiting?

Co-habiting partners don’t have the same legal rights as married couples or those in a civil partnership when it comes to inheritance – so it is vital you make a Will if you’re living with your partner.

To ensure your estate or that of your partner’s is distributed according to your wishes after you or your partner die, you need to stipulate what should happen to your assets in a Will. This is because the deceased’s estate will be distributed according to a Will or the rules of intestacy if there is no Will – and co-habiting couples are not recognised under intestacy rules.

Rules Of Intestacy

The rules of intestacy decide how an estate is distributed when there is no legally valid Will, and state that distribution starts with spouses or civil partners before moving on to children and more distant family members.

Co-habiting partners receive nothing under intestacy rules. In order to benefit, the surviving partner would need to undertake expensive and stressful legal action.

What About Joint Assets?

Some assets may pass to the surviving partner but it depends on the circumstances.

When it comes to property, if you live with your partner and are joint tenants of the property you own, then you as the surviving partner will automatically inherit the whole property.

However, if you live together in a property you co-own as tenants in common, then your deceased partner’s share of the property forms part of their estate and does not automatically pass to you as the surviving co-owner.

Why Make A Will?

Making a Will ensures your specific wishes are carried out after you die and enables you to look after loved ones when you’re no longer around to do so in person.

If you live with your partner but aren’t married or in a civil partnership, it is even more important to make a Will as you don’t have the same legal rights when it comes to inheritance.

By making a Will, you will be able to:

  • Protect each other’s financial security for the future
  • State who should inherit your assets
  • Appoint guardians for your children
  • Stipulate a plan for what happens after you die
  • Minimise inheritance tax – there is no equivalent of the spouse allowance for co-habiting partners so you need a Will to ensure assets aren’t taxed twice, on your and your partner’s deaths

How We Can Help You With Your Will

If you co-habit with your partner and want to ensure you look after one another after you die, then you need to make a Will. This will enable you to financially protect your partner as well as provide emotional security when it comes to any children you have and peace of mind that your partner will inherit when you die.

Our specialist solicitors have experience of assisting with every part of estate planning including Wills, and are here to help you draft a Will that is right for you and your individual circumstances.

To discuss making a Will with one of our solicitors, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

What Can I Do If I Have An Accident At Work?

If you have suffered an injury or illness following an accident at work that wasn’t your fault, you may be entitled to make a claim for compensation.

Your employer has a legal responsibility to keep you as safe as reasonably possible during your working day, and if your accident at work happened because of your employer’s negligence, you could be eligible to make a compensation claim against them.

Common Causes Of Accidents At Work

Accidents are an unfortunate part of life. However, suffering an injury or illness because of an accident at work that wasn’t your fault is different and there is legislation in place for this reason – which is why our personal injury solicitors at Bartletts Solicitors help clients secure compensation when this happens.

As a guide, accidents at work can be caused by:

  • A moving object
  • Falls from height
  • Slips, trips or falls
  • Manual handling, lifting or carrying

Injuries are not always physical and often claims for compensation are made for breach of contract or for employer negligence because of psychological suffering caused by incidents including:

  • Workplace bullying
  • Stress
  • Harassment

What Your Employer Should Do To Prevent Accidents

The law details what employers are expected to do to keep their staff as safe as possible during the working day.

Workplace legislation includes:

  • Having measures in place to prevent accidents at work
  • Informing staff of health and safety issues that could affect them
  • Ensure all necessary training is carried out
  • Having the right equipment available to employees

Employer’s Responsibilities

If you have an accident at work, employers must report this and are legally required to pay you statutory sick pay (SSP) and give you the necessary time off to recover.

Furthermore, every employer is legally required to have valid insurance to cover any potential claims by staff following a workplace accident. This means that any claim you make is made against the employer and if successful is paid for by the insurance company.

Your Rights

You have the right to be kept safe at work and this means that all reasonable measures should be taken by your employer to ensure this happens. If you’ve been injured or become ill because of an accident at work that was due to your employer’s negligence, then you are entitled to make a claim for compensation.

Even if your accident was caused by another employee’s actions you may still be able to make a claim. Your rights at work mean that if you are entitled to make a claim for compensation, your employer should not stop you from doing so.

Regardless of the terms of your employment, you have the right to be kept safe in the workplace – so no matter if you work full-time, part-time, on a temporary basis or through an agency, you are protected by the same health and safety legislation as all employees at work.

What You Should Do If You Have An Accident At Work

If you’re hurt at work, report the matter to your employer as soon as you can. Your employer should then help ensure you get the medical attention you need and also record it in the workplace accident book.

If your employer doesn’t or is unable to record your accident, write down the details of what caused your injury or illness and make 2 copies – one for your employer and one for you. Ask a colleague or friend to do this for you if you can’t. Writing it down will help with your claim and is worth doing.  It is advisable to email your employer with details of the accident circumstances so there is a clear record of what happened.

You should also see a doctor who will record the details of your accident and injuries, and make sure you receive the medical care you need.

If the accident is serious, you should also report the incident to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013).

What Is IIDB?

IIDB stands for Industrial Injuries Disablement Benefits and is an additional entitlement you may be able to claim for alongside your personal injury claim against your employer.

To be eligible for IIDB, you need to meet certain criteria that usually includes:

  • You were an employee at the time of the accident
  • You were on an approved training scheme, course or event when the accident happened
  • The accident happened in England, Wales or Scotland

You may also claim for disability benefits if you caught a disease or illness, including those related to asbestos, during your employment and can demonstrate you meet the above criteria.

Will You Be Paid If You’re Hurt At Work?

If you need to take time off work to recover from your injury or illness, you can get back your earnings in one of two ways:

  • SSP
    The amount of SSP (statutory sick pay) you receive depends on your employer’s sick pay policy. You may also be entitled to additional sickness benefits or payments.
  • Loss of earnings
    Regardless of whether you receive SSP or not, you may be able to claim for loss of earnings as part of your compensation claim against your employer.

Will You Lose Your Job If You Make An Accident At Work Claim?

Your employer has a duty of care to keep you safe in the workplace and if you’re injured in an accident at work that wasn’t your fault, you have a right to make a compensation claim.

If you have worked in your job for more than 2 years, your employer cannot dismiss you for making a claim – if this happens and you have been employed by the company for more than 2 years then you may have a case for unfair dismissal.

How Much Can You Claim For An Accident At Work?

The amount of compensation you can claim for depends on your particular situation and the severity of your injuries. Each and every claim is different.

There are 2 types of compensation you can claim for:

  • General damages – this is for physical pain and psychological suffering
  • Special damages – this is for associated expenses such as medical costs, travel and loss of earnings

How We Can Help You With Your Accident At Work Claim

We provide a free initial consultation to all our clients to ensure they have the opportunity to receive professional legal advice before proceeding with an accident at work claim for compensation.

Once you’ve seen a doctor and are receiving the medical care you need, speak to one of our professional personal injury solicitors about your accident and your rights to make a claim.

We are here to help you if you want to know more about whether you could make a claim against your employer for your injury or illness following an accident at work. Once we fully understand your particular situation, your personal injury solicitor will tailor your advice and explain if you’re eligible to make a claim and assess how much compensation you could claim for.

We are here to help you at every step of the claims process – so if you do decide to go ahead and make an accident at work compensation claim, we will support you and work hard to secure you the maximum compensation you deserve.

To speak to one of our specialist solicitors for advice or to make a claim for compensation, contact us on 01244 405 399 or email advice@bartletts.co.uk

Accidents At Work FAQs

Can I Make A Workplace Accident Claim?

Yes – if you’ve been hurt in an accident at work and your employer is at fault.

Employers are liable to pay work injury compensation if they failed to:

  • Follow health and safety legislation
  • Carry out relevant risk assessments
  • Supply the necessary personal protective equipment (PPE)
  • Reduce risks in the workplace as much as possible
  • Ensure equipment and machinery are maintained

How Do I Claim For An Accident At Work?

The first thing to do is collect evidence – the more evidence you have, the stronger your claims case will be.

If possible, try to ensure you do the following after your accident at work:

  • Report the accident to your employer and fill out the accident book at work
  • Take photos of where your accident happened
  • Take photos of any visible injuries
  • Get the details of any witnesses to your accident
  • Record any visits to the doctor plus treatments you take
  • Keep receipts for all related expenses such as travel costs to doctor or hospital

Don’t worry if you’re not able to gather all the evidence, just try to get as much as you can.

Once you have all the information about your accident and injuries, get in touch with our professional personal injury solicitors on 01244 405 399 or email advice@bartletts.co.uk

We will advise you based on the facts you give us and the evidence you share with us, about whether you have grounds to make a successful claim and how much compensation you’re entitled to.

What Types Of Injury Can I Claim For?

There are many different types of injuries that your employer can be held accountable for if you’ve been hurt in an accident at work.

Injury types for claims include:

  • Back injuries
  • Lacerations and cuts
  • Serious injuries such as brain or spinal injuries
  • Workplace burns
  • Workplace fatalities

How Much Compensation Could I Get?

Your compensation depends on the severity of your injury or illness and the impact this has had on you following your workplace accident.

As a guide, the more serious your injury, the more compensation you’re entitled to. If you’ve needed to take time off work, we can claim for loss of income compensation too.

For a clearer idea of how much compensation you could claim for, speak to our professional personal injury solicitors on 01244 405 399 or email advice@bartletts.co.uk They will discuss the details of your accident and injuries and provide you with an estimate of potential compensation.

How Long After An Accident At Work Can I Make A Claim?

You usually have up to 3 years from the date of the accident to make your claim for compensation. Our advice is to always get in touch as soon as you can.

Sometimes, the time limit starts from the date you became aware of your injuries if you didn’t realise straightaway that you are injured.

There are a few exceptions to the 3-year rule too, for example, if you have suffered a severe brain injury.

How Can I Pay For My Accident At Work Claim?

You can make a claim with us on a no win, no fee payment arrangement. This means you only need to pay a fee if your claim is successful – and this fee will be taken from your compensation. The fee is a set amount that will be advised before you decide to go ahead with making your claim and there will be hidden extra fees at any point.

 

Can You Sue Your Doctor For Misdiagnosis?

If your GP has misdiagnosed your illness or medical condition, the consequences to your health can be severe and sometimes even life-changing due to the unnecessary suffering or pain – and you will likely be able to sue for medical negligence.

Doctors have a duty of care to their patients and if your health has been damaged because the medical care or treatment you have received has fallen short of what is deemed reasonable, then you have a right to claim for compensation.

What Is Medical Negligence?

You should expect to receive good care and attention from your doctor, and if a medical professional fails to examine or to investigate your symptoms correctly, that doctor has likely not fulfilled his or her duty of care and been negligent.

A delayed or incorrect diagnosis can lead to the wrong kind of treatment being given or the correct treatment being given too late, both of which can badly impact on a person’s health.

Grounds for making a medical negligence claim can include:

  • Incorrect diagnosis of test results
  • Incorrect treatment
  • Delayed treatment
  • No referral to the right specialist
  • Delayed diagnosis
  • Medication errors

How To Make A Misdiagnosis Claim?

To make a claim for medical negligence against your doctor, you need to provide proof that there was a failing in your diagnosis and that this failure caused your health to worsen.

You need to be able to prove:

  • The doctor did not meet his or her duty of care to you
  • The physical or mental injuries you have suffered would not have happened without the misdiagnosis

The law is complex and there are different types of claims you can make:

  • Total misdiagnosis
  • Wrongful misdiagnosis
  • Late diagnosis

It can take between 3-4 years to settle a medical negligence claim in court but it is important you receive the compensation you deserve in order to overcome the injury or suffering caused by your misdiagnosis.

How Much Compensation Will You Receive?

Every misdiagnosis outcome varies, as does the compensation awarded for each case. The amount of compensation you will potentially receive will depend on a number of factors including your symptoms, the costs you’ve incurred, and whether any long-term treatments which would not otherwise have been required are needed.

As a guide, factors that influence how much compensation you may receive, include:

  • The extent or severity of your injury
  • Whether your illness has worsened
  • If you underwent unnecessary surgery
  • If any further treatment is needed

Your solicitor will be able to advise you of your potential compensation, depending on the details of your experience.

How We Can Help You With Your Misdiagnosis Claim

If your diagnosis has been delayed or you’ve had a misdiagnosis that has impacted on your health, then we will support you at every step of the process should you want to make a claim for compensation.

Our specialist solicitors will take the time to fully understand your experience and ensure you have the necessary proof to make a successful claim against your doctor. Your solicitor will assist you throughout the claims process to make it as straightforward and stress-free as possible, so you can focus on your recovery.

Health is so important and if your health has suffered due to misdiagnosis, it can be traumatic for you – which is why we will do everything possible to secure the compensation you deserve and that you need to recover fully.

To speak to one of our specialist solicitors about making a medical negligence claim, contact us on 01244 405 399 or email advice@bartletts.co.uk

What Is Property Fraud & How Do You Protect Yourself?

Homeowners and buyers are at risk of falling victim to property fraud – however, there are steps you can take to minimise this risk and ensure that the fraudsters don’t win.

What Is Property Fraud?

Property fraud is when someone illegally tries to gain ownership of a property before either selling or re-mortgaging it and stealing the money.

Illegally gaining ownership of a property is usually done in one of two ways:

  • By pretending to be the registered owner of the property
  • By using forged documents to transfer the property into their name

Property Fraud Types

Property fraud can take many forms as fraudsters try new and ever more sophisticated means of stealing people’s money.

As a guide, the main property fraud types include:

  • A fraudster sells a property by impersonating the legal owner
  • A fraudster convinces a property buyer to transfer money into their account rather than the legal owner’s account
  • A company promises to buy your home very quickly but then drops the purchase price significantly at the last minute
  • A property investment that is not what it seems

Are You At Risk Of Property Fraud?

According to the Gov.uk website, you are more at risk of falling victim to property fraud if any of the following scenarios apply to you:

  • Your ID has been stolen
  • Your property is mortgage free
  • You rent your property out
  • Your property is stood empty
  • You live overseas
  • Your property is not registered with HM Land Registry (HMLR)

How Is Property Fraud Committed?

HMLR has an online service and you can download digital records of your property’s title from the website if the property was bought or mortgaged after 1998 – however, fraudsters can also use it to find out who owns a property and what their correspondence address is.

Sometimes, details such as the owner’s signature is available to see on documents online on HMLR’s website.

Once a fraudster has the right information, potentially your ID could be stolen and used to move your property into their name.

Alternatively, a property fraudster could be a tenant of the property or intercept the post delivered to a common area in a block of flats.

How Can You Prevent Property Fraud Being Committed?

There are many ways you can protect yourself from property fraud and reduce the risk of falling victim to a fraudster, including the following steps:

Register With HMLR

If your property is not already registered with HMLR it is worth completing the registration process – a conveyancing solicitor can help with this.

Compensation is far less likely if your property isn’t registered and you become a victim of property fraud.

Stay Alert With HMLR

HMLR offers a free property alert service you can sign up for, which notifies you if any searches or applications have been carried out against your property. This enables you to take action, if necessary, before actual property fraud is committed.

Restrict Your Property’s Title

You can request HMLR to put a restriction on your property’s title deeds. This stops HMLR from registering a sale or mortgage on your property until your conveyancing solicitor confirms you made the application.

To place a restriction on the property is free if you own it but don’t live there or costs £40 if you live in the property.

Protect Yourself From Email Hacking

A fraudster can intercept emails between a home buyer and a conveyancing solicitor – and then change the bank details within the correspondence to ensure the purchase funds are transferred by the buyers to the fraudster’s account.

Make sure the bank details you have been given are the same as those sent in the post, and it’s a good idea to not use public Wi-Fi as this can be more easily hacked. Always use a safe password on your email accounts too.

Your solicitor should offer a service called Lawyer Checker too, that provides reassurance to conveyancing solicitors. The site lets you check if another solicitor’s or individual’s bank account details are correct. You should always verify your solicitor’s bank details by telephone during any conveyancing transaction.

Be Wary Of Property Investment Offers

There are different types of property investment scams, including land banking where land is offered at a higher price with a promise of greater return when planning is in place; and buy to let scams where rented property is said to offer a regular rental income but in reality, may be empty or in need of repair.

Before going ahead with a property investment offer, make sure you carry out due diligence on the property first, viewing it and finding out details such as granted planning permission and any recent changes to the title deed. Always seek independent legal advice before committing to an investment.

How We Can Help You With Property Fraud Protection

Our professional property lawyers are here to assist you with all property-related queries – and this includes guidance on property fraud protection and support if you fall victim to a fraudster.

HMLR has a property fraud line you can call if the worst happens and a fraudster commits property fraud against you – call them on 0300 006 0478 or email reportafraud@landregistry.gov.uk

Whether it’s help with the registration process to register your property with HMLR or assistance if someone has gained ownership of your property and sold it, we can provide support and advice at every step of the way to ensure the matter is resolved as swiftly and stress-free as possible.

To speak to one of our specialist solicitors about property fraud, contact us on contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

How is a housing disrepair claim calculated?

As a tenant or leaseholder whose landlord has failed to carry out repairs which you’d previously notified them about, you may be entitled to housing disrepair compensation.

The level of housing disrepair compensation depends on a number of different factors and this blog is designed to give you an idea of how your claim may be calculated.

Calculating Your Housing Disrepair Compensation Claim.

You can make a claim for 3 things:

  • An order requiring your landlord to complete the repairs
  • Compensation
  • Your legal costs

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Housing Disrepair Claims

There are two types of damage you can base a housing disrepair claim on – general damages and special damages.

General Damages

These are claims for inconvenience that has been caused by living in a property in disrepair or from having to leave your home due to the disrepair.

The amount of compensation depends on the severity and type of disrepair, and you would need to provide evidence of the following:

  • The repairs are your landlord’s responsibility, as stated in your tenancy agreement or by the law
  • The date you notified your landlord of the disrepair
  • That you have given your landlord reasonable time to complete the repairs, which is usually 4-8 weeks
  • That the repairs have caused you inconvenience

Housing Disrepair Compensation Calculator

Your level of compensation would be calculated by establishing the number of months you have spent living in disrepair and multiplying this by the monthly rent you pay.

This sum would then be used to calculate the repayable amount, based on the level of inconvenience suffered – for example, if you’ve been renting a 4-bedroom property and 2 of the bedrooms have been damp then the inconvenience level would likely be set at up to 50%, whereas if your property has been uninhabitable but you’ve been living there anyway you could receive compensation set at 100% inconvenience.

Special Damages

These are claims for monetary losses caused by the disrepair, such as for damaged belongings or for extra expenses you’ve incurred due to the disrepair.

The amount of compensation depends on the amount of monetary loss you’ve incurred, and you would need to provide evidence of the following:

  • A survey report that details the repairs your landlord is legally responsible for
  • That you’ve complained of these repairs and given your landlord a reasonable period of time, approximately 4-8 weeks, to complete the tasks
  • Receipts and photographs of the losses
  • That your losses were directly caused by the repairs
  • That your expenses are reasonable and you’ve kept losses to a minimum

How Your Compensation Is Calculated

Usually, you are not given the replacement value for an item, but rather a sum is calculated that reflects by how much the item’s expected lifespan has been cut short.

How We Can Help You Make A Housing Disrepair Claim

Our specialist solicitors at Bartletts treat every client and every claim individually, and would ensure we fully understand the details of your particular housing disrepair situation in order to establish the level of compensation you’re entitled to.

We will then be able to advise you on what evidence you need to provide in order to support your claim. Working closely with you and assisting you with your claim at every stage of the process, we will help you achieve the best possible outcome.

To speak to one of our specialist solicitors about making a housing disrepair claim, contact us on 0800 988 3674 or 01244 405 399 or complete a Free Online Claim Enquiry.

Make A Free Housing Disrepair Compensation Enquiry Now

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    I was very impressed by the speed and diligence with which my case was handled

    - Phyllis

    How Do I Make A Road Traffic Accident Claim?

    Unfortunately, road traffic accidents happen often in the UK with resulting injuries ranging from minor to life-changing or even fatal.

    If you’re the victim of a road traffic accident we can help you to secure compensation for your injuries and any loss suffered as a result.

    Tips For Making A Road Traffic Accident Claim

    Road traffic accidents can happen whether you are a motorist, motorcyclist, cyclist or pedestrian – and the claims process is similar if the accident was caused by the other party’s negligence or by a defect in the road.

    If you are injured on the road because of another road user, you should:

    1. If needed and you’re able to, call for an ambulance or the police if there are casualties or any vehicles are blocking the road following the accident.
    2. If possible, obtain the details of the motorist involved in the accident. Details include registration number, make and model of the vehicle, and insurance information.
    3. Take photos of the accident scene and damage to the vehicles or surrounding area. If you’re unable to take photos, make notes on the location and damage incurred.
    4. Find any witnesses and obtain their contact details.
    5. Check to see if there is any CCTV nearby or if any of the witnesses have dashcam footage. You may also have dashcam footage you can use as evidence.

    If you are injured on the road because of a defect in the road, you should:

    1. If needed and you’re able to, call for an ambulance or the police if you need medical assistance or your vehicle is blocking the road following the accident.
    2. Take photos of the accident scene and damage to your vehicle or surrounding area. If you’re unable to take photos, make notes on the location and damage incurred.
    3. Find any witnesses and obtain their contact details.
    4. Check to see if there is any CCTV nearby or if any of the witnesses have dashcam footage. You may also have dashcam footage you can use as evidence.

    How We Can Help You With Your Road Traffic Accident Claim

    At Bartletts, we have the experience together with a professional, considered and sensitive approach to assist with a wide range of road traffic accident claims – from minor injuries suffered by pedestrians crossing the road through to severe injuries caused by cars knocking cyclists off their bikes.

    Our personal injury solicitors will work hard to secure the compensation you deserve for any injuries you’ve suffered as well as for medical expenses, vehicle repairs, loss of earnings, physiotherapy treatment, and any other associated costs you’ve incurred.

    We will take the time to fully understand the circumstances of your road traffic accident, and ensure you have the evidence you need to help us secure the compensation you deserve.

    To speak to one of our specialist solicitors about making a road traffic accident, contact us on  01244 405 399 or 0800 988 3674 or email advice@bartletts.co.uk

     

    Can You Claim Compensation If You Suffer A Personal Injury At A Trampoline Park?

    Trampolining has long been a popular form of exercise and fun, but the rise in trampoline park numbers has seen an increase in the number of personal injuries. What happens if you hurt yourself in a trampolining accident – can you claim for compensation?

    “The answer to whether you can make a claim for compensation for a trampoline injury really depends on if the trampoline park is at fault for your accident,” explains Trevor Morris, Solicitor and Director at Bartletts Solicitors.

    “There are a couple of trampoline parks in the local area and we have seen a big increase recently in the number of people contacting us to see if they can sue the trampoline park where they were injured.

    “In each and every case, we quickly establish the particular circumstances of the accident, and asses how likely it is the trampoline park is responsible for the injury, and then advise accordingly on whether or not that person has a claim and how best to proceed.”

    The Cause Of The Trampoline Injury

    The circumstances of the accident are key to determining if the trampoline park is at fault.

    Trampolining is an activity that comes with a certain degree of physical risk – and the courts accept this. However, if health and safety procedures are shown to have been inadequate at the trampoline park or the park failed to take reasonable measures to prevent an accident from happening, then it may be possible to sue.

    As a guide, common causes of trampoline injuries where the park is liable, include:

    • Faulty equipment
    • Poor safety gear
    • Lack of padding
    • Insufficient supervision
    • Inadequate safety information

    Trampoline Injury Types

    The range of trampoline injuries varies from a minor personal injury through to serious life-changing injuries.

    The most common trampoline park injuries include:

    • Broken legs or arms
    • Knee damage
    • Spinal injuries
    • Leg or arm injuries

    Depending on the nature of the injury, a person may need long-term medical treatment and suffer a loss of earnings due to the accident.

    Was The Trampoline Park Negligent?

    “If the trampoline park failed to take reasonable steps to prevent your injury arising, it’s likely you can pursue a claim for compensation,” adds Trevor Morris.

    Examples of negligence include:

    • Lack of safety signs, videos and staff instructions
    • Poor staff training
    • Badly maintained equipment
    • Overcrowding
    • Allowing younger children to jump alongside older kids and adults
    • Insufficient supervision or awareness by staff

    How We Can Help With Your Trampoline Injury Compensation Claim

    If you’ve been injured whilst jumping at a trampoline park and want to make a claim for compensation, our personal injury specialist solicitors will advise you on whether you have a case and how best to proceed if you do.

    It may help your case if you report your accident to a member of staff at the trampoline park at the time. Don’t worry if you signed a waiver before trampolining – this is standard procedure at trampoline parks and won’t stop you from suing the trampoline park if it has been negligent.

    To find out more about our legal services or to speak to one of our specialist solicitors regarding whether you can sue the trampoline park for your personal injury, contact us on 0800 988 3674 or 01244 405 399 or email advice@bartletts.co.uk

    Bartletts Chester Helps Local Customer Services Advisor Win Compensation Following Remedial Surgery

    A local customer services advisor who suffered for more than a year because of several surgical errors has been awarded compensation after making a claim with the help of Bartletts Solicitors personal injury team in Chester.

    The specialist team at Bartletts Chester worked on this case to help the customer services advisor, who is in her early 50s, secure compensation after developing a vaginal fistula following surgery for a gynaecological issue.

    When the hospital tried to fix the vaginal fistula, it made the problem worse and the lady ended up with significant difficulties for 12 months before another consultant was able to resolve it.

    The customer services advisor got in touch with the dedicated personal injury lawyers at Bartletts Chester who were able to prove that the original surgeon should not have carried out the second surgery when he did as this was not in accordance with hospital protocol for this type of procedure and in fact made the problem worse for her.

    Furthermore, the hospital failed to pick up on the vaginal fistula for months, causing the lady many months of stress and anxiety.

    In total, the lady was awarded £35,000 in compensation for her injury plus significant loss of earnings.

    Thankfully, the customer services advisor has since made a full recovery.

    If you have suffered as a result of medical negligence speak to one of our specialist personal injury solicitors about your 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

     

     

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