Rotary Club Swimathon

I am proud to announce that Ringrose Law collected £170.50 by way of sponsorship and ‘dress down money’ for the Grantham Rotary Swimarathon. The Ringrose Law team performed excellently on the day and did a total of 185 lengths!!! Amanda Green and I were the cheerleaders and shouted loudly from the stools. It was a thoroughly enjoyable evening out only marred by the snow storm we had to drive through to get home!!

Many thanks for your support and further information as to where the funds will be used are available on the Rotary Club’s website.

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by Nerina Farmer on February 21, 2012  •  Permalink
Posted in Events, General, Sponsorship
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Posted by Nerina Farmer on February 21, 2012

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Has my Tenant abandoned the Property?

During this very difficult economic climate, tenants are failing more and more to pay their rent. Some tenants, rather than face those rent problems, will simply abandon the property without letting you, as the landlord know.

Has the Tenant left?

You must be very cautious when considering whether or not the tenant has abandoned the property. This is because the Protection from Eviction Act 1977, and The Housing Act 1988 make it unlawful to evict a tenant without first obtaining one of the following:-

1. A voluntary surrender by the tenant; or

2. A Notice of Eviction following the issue of Possession Proceedings.

A voluntary surrender by the tenant must be a positive act by the tenant to confirm that he has surrendered the Tenancy Agreement. This is sometimes done in writing, alternatively the tenant may simply hand over the keys to you, or let you know where the keys are.

Everything else is a grey area and you must proceed with caution. If you do not proceed with caution and do not follow the warnings below, you may be found guilty of unlawful eviction which could result in you paying substantial sums to the tenant.

If you are unable to show that the tenant has voluntarily surrendered the Tenancy Agreement, or you have not obtained a Court Order for Possession and the tenant issues proceedings for an unlawful eviction, the only defence is that the property was abandoned. In order for such defence succeed, you must demonstrate to the Court that it was reasonable in all the circumstances for you to assume that the property has been abandoned.

When has a Property been abandoned?

In all cases of abandonment, it is wise to assume from the outset that the tenant may reappear and may commence a claim against you for unlawful eviction. In order to avoid this, or in order to have a successful defence, you must do the following:-

1. Telephone the tenant and ask him whether he has vacated the property;

2. Contact the guarantors to see if they are aware that the Tenant has vacated the property;

3. Contact the referees that you obtained prior to the tenant taking possession of the property i.e. his employees, whether he is still employed by them;

4. Speak to the utility providers to see whether there has been any information provided to them about whether the accounts have been stopped, or whether it is still being used;

5. Speak to the neighbours to see whether they have seen the tenant recently.

Throughout all these conversations, you should take notes of times and dates of the conversations so that you can provide evidence if necessary at a later date.

The next step is to inspect the property. You must serve at least 24 hour’s written notice at the property advising of your attendance. The Notice must also state that if the tenant is not present, you will enter using your own key.   If no response is received to the written Notice, the inspection can go ahead.

Once you are in the property, you need to determine whether or not any of the tenant’s personal belongings are still there. If the property is completely empty, you can take photographs but it may be relatively safe to assume that the property has been abandoned.

If there are personal belongings in the property, please assume that the property has not been abandoned and therefore you must take action via obtaining a Court Order for Possession.

If it appears that the property has been abandoned, you should serve an Abandonment Notice on the property in a prominent place so that the tenant can see it, and provide a telephone number that the tenant can call, advising that the locks will be changed if no response is received within 14 or 21 days.

Once that Notice has expired and if you have not been contacted by the tenant you may be able to presume that the property has been abandoned and change the locks to recover Possession. However, it is also recommended that you place a Notice on the door saying that you have changed the locks and provide a 24 hour telephone number where the tenant can contact you if they return to the property.

If Court Proceedings are issued against you, and you defend those Court Proceedings on the basis that the property had been abandoned, the test is to twofold:-

1. The Court will question whether the property is capable of sustaining day to day living. It may safe to assume that if all of the tenant’s personal belongings have been removed, then of course the property will not be sustaining day to day living. However, sometimes the tenants may go on holiday and take some of his personal belongings with him. Although the property may not be capable of sustaining day to day living, it may not be abandoned;

2. The Court will question whether it was reasonable for you to assume abandonment. If you have not carried out the necessary investigations nor allowed the tenant sufficient time to return to the property, then you may be found guilty of unlawful eviction.

If you are concerned or have a landlord and tenant dispute then please contact me, Kate Austen on 01476 590200.

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by Kate Austen on February 13, 2012  •  Permalink
Posted in Commercial, General, Housing, Litigation, Property
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Posted by Kate Austen on February 13, 2012

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Employee of the Month for January 2012

The winner for January is Helen Armstrong.

This is for the invaluable help given to Vicky Smith in the past months when she took on a caseload when Sue Brown left us and her help and patience in training our new PA for Paul Cooper.

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by Lee Siddle on February 9, 2012  •  Permalink
Posted in Employee of the Month

Posted by Lee Siddle on February 9, 2012

http://ringroselaw.wordpress.com/2012/02/09/employee-of-the-month-for-january-2012/

North Hykeham Opportunity for Personal Injury/Medical Negligence Solicitor

Ringrose Law are currently seeking a Solicitor or fellow of ILEX with 0-5 years PQE who will be as committed to our client’s interests as we are. You will be based at our Lincoln (North Hykeham) office but will be required to attend clients at any of our offices.

The successful candidate will be expected to assume the responsibilities of a demanding mixed case load of Personal Injury and Clinical Negligence, under supervision and be committed to helping build the department further to achieve its business objectives. As such it will be necessary that the successful candidate is a team player and can contribute towards the growth of the department. This may involve participation in marketing events, seminars and generally being able to work under supervision, building on their experience.

We offer a competitive salary and excellent working conditions.

If you would like further information or would be interested to apply for this vacancy please contact Lee Siddle at Ringrose Law on 01205 311511 or email lee.siddle@ringroselaw.co.uk

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by Lee Siddle on February 9, 2012  •  Permalink
Posted in General, Recruitment

Posted by Lee Siddle on February 9, 2012

http://ringroselaw.wordpress.com/2012/02/09/north-hykeham-opportunity-for-personal-injurymedical-negligence-solicitor/

Family February

The Family Team at Newark are delighted to have been awarded a Legal Aid Contract commencing February 1st 2012. We will continue to offer a free initial assessment of your circumstances, and can now offer any person who qualifies for free legal funding to assist them in obtaining legal advice and representation on family issues such as divorce, finances, children, social services and domestic violence.

To celebrate this fact the team will be offering a number of different services as part of ”Family February”. Throughout the month of February family clients will be able to benefit from evening appointments on Wednesday and also appointments on a Saturday morning. New clients will also be able to arrange a free initial assessment meeting with one of our experienced Case Workers.

To take advantage of these services call our family team to arrange an appointment on 01636 594467.

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by Lucy Smith on January 24, 2012  •  Permalink
Posted in Family and Children, General, Personal
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Posted by Lucy Smith on January 24, 2012

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Client achieves £8,500 compensation for unfair dismissal claim

I am delighted to have achieved compensation for my client in respect of his Employment Tribunal Claim, which settled only a few days before the Employment Hearing.

My client was dismissed following disciplinary procedure for unsatisfactory attendance at work. Essentially he was dismissed on the ground of incapability because he had been absent at work as a consequence of ill health.

My client (Mr X) came to see me because he did not think his dismissal was fair. I agreed. Whilst his employer was entitled to dismiss him on the grounds of capability, it had not followed its own Capability or Sickness and Absence Policy properly. For instance, the Policy stated that an employer should impose a first, second and final written warning before dismissing an employee for unsatisfactory attendance. My client had not been given any previous warnings. Therefore, dismissal was not a reasonable sanction to impose in the circumstances.

When my client initially came to see me for a fixed fee appointment, I advised him that he may have the benefit of legal expenses cover with his home contents insurance provider. My client did have such cover. This meant that all of his legal fees were covered by his insurance company. This was great news for my client because it meant that, unlike no win no fee agreements; he retained the entire amount of compensation offered to him.

A great start to my client’s New Year indeed. He has also just been successful in gaining a new job to start in the next few weeks; and is looking forward to a rewarding and prosperous 2012.

If we can help you with an employment problem, please call your nearest office in Lincoln, Grantham, Boston, Sleaford, Newark, North Hykeham or Spalding and ask for the Employment Law team.

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by Jayne Flint on January 13, 2012  •  Permalink
Posted in Employment, Healthcare Disputes, Litigation, Personal
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Posted by Jayne Flint on January 13, 2012

http://ringroselaw.wordpress.com/2012/01/13/client-achieves-8500-compensation-for-unfair-dismissal-claim/

January Sale

As you will have seen from my previous blog, I, Lucy Green, have recently returned to the Employment Department as a permanent member of the team. As such, I am currently offering a reduction of 25% to my fixed fee interviews at our Newark and Grantham offices. The reduction now makes the fixed fee interviews £75.00 plus VAT.

A fixed fee interview is just that. There are no hidden costs and you will only pay £75.00 plus VAT. The time during the appointment is unlimited. This therefore means that you can spend as much time as necessary to go through your employment dispute with me. A fixed fee interview also includes:-

  • I will also advise you on any potential claims you may have and also discuss the next course of action which is suitable for you.
  • I will discuss the best ways of funding your claim or next course of action, for example, you may be eligible for a Conditional Fee Agreement or funding by way of Legal Expenses Insurance.
  • Following the appointment I will also send you a detailed letter of advice for your safekeeping.

If you would like an appointment, please do not hesitate to telephone me 01636 594473 and book in for an appointment today. I would be delighted to meet with you.

Please note that this offer shall remain valid until 6th February 2012 after which my fixed fee appointment fee shall revert back to £100.00 plus VAT for all offices.

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by Lucy Green on January 12, 2012  •  Permalink
Posted in Employment, General, Personal
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Posted by Lucy Green on January 12, 2012

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Property – Questions and Answers

1.       How long will it take?

That is a really difficult question to answer. It depends on many things, such as; how many people are in the chain, whether they need mortgages, whether someone is going on holiday etc… On average it usually takes 6-8 weeks from an offer being accepted on a property to the moving date.

2.       Do I need searches?

If you are having a mortgage then the answer to the question is yes. Your mortgage company will insist that you have certain searches. If you are not having a mortgage it is your choice but we always advise you to have a full set of searches to see what matters affect the property you are to purchase.

3.       Why can’t you exchange as soon as you receive my mortgage offer?

In most cases the same solicitor will act for the mortgage lender and the buyer. This means that we have to ensure that the mortgage company is protected as well as you. Once we have received your mortgage offer we will report to you to ensure that the mortgage terms are correct. We will also have to report things to your mortgage company and ensure that they are happy. It can take some time for us to deal with these conditions, sometimes several weeks. Once we hear that they are happy we can proceed.

4.       Why are you asking to see my bank statement?

If you are putting money into your purchase then we are likely to have to ask for “evidence of source of funds”. This means that we need to check where these monies are coming from – the source. This could be; checking bank statements over a period of time to show that savings have been building up, checking sale statements if you have said shares, asking for a copy of your mortgage offer if you are taking a mortgage on another property.

Please note that we are not simply being nosey. We have to do this to comply with our professional obligations. The quicker you supply the information, the quicker we can proceed.

5.       Why do you need to see my identification?

We now have to “know our client”. This means that if we don’t know you personally then we have to check that you are who you say you are. To do this we will ask for a photographic ID, for instance, a passport or a photo driving licence and a recent address ID, for instance, either a bank statement or utility bill which must be no more than 3 months old. If you are local to our offices then you can call in and we will take copies. If not, we will ask you for a certified copy of these.

6.       What is a certified copy?

This is simply a copy which someone has said is a true copy – a “certified” copy. The people who can “certify” the documents are limited to; solicitors, estate agents, bank managers and doctors. These are the most usual ones.

7.       Why are you asking to see my parents ID?

If your parents (or anyone else) are giving you some money to help you buy your property (for example, paying your deposit) then we will have to make the same checks for them as we do for you. We will be asking for evidence of identity and evidence of source of funds.

8.       What is an LSAP?

This is an advance of pay to members of the armed forces to assist them in buying a property. There are tight rules with which the buyer and we as the solicitor must comply. We are also totally dependant on the LSAP provider as to when the money is released and this can affect the timescales.

9.       Why do shared ownership purchases take longer?

When you buy a shared ownership property we have to comply:-

a)    With your requirements; and

b)   The requirements of the person who is going to own the other share of the property.

If you are having a mortgage then there will also be extra things that we need to do for your mortgage company. One of these will be that we have to have your mortgage offer approved by the person who is going to own the other share of the property. This can take a couple of weeks and will affect your timescales.

10.     Why do leasehold sales and purchases cost more?

This is simply because there is more work for us to do. We have to deal with the Landlord and sometimes a Landlord and a managing agent to ensure that we have the correct information to give to you. This usually takes a bit more time and could affect your timescales.

11.     What happens if my buyer or seller withdraws? Do I have to pay you?

We offer a “no sale no fee” service. This means that if your sale or purchase does not exchange then you do not have to pay us. All you will need to pay are any out of pockets expenses that we have paid out on your benefit.

12.     What is a chancel search?

There are properties across the country which has an obligation to pay towards the cost of repair of the chancel of a local church. A “chancel search” will show whether a property has an obligation to pay this. It is also possible to take out insurance to protect you in case the property that you are buying has such an obligation.

13.     What is a restrictive covenant?

This is simply a promise not to do something in relation to a property for example, a common one is not to run a trade or business from the property. You may have to comply with these promises.

14.     What is an easement?

This is simply a right connected to a property, for example, a right of way or a right for drainage.

15.     What is a chattel?

This is a fixture and fitting – an item at the property, i.e. a wardrobe, carpets and curtains. Sometimes you pay extra for these items when buying a property.

16.     Can I split the price of the property between the property and the items to minimize the stamp duty I have to pay?

Yes but only if the value of the items that you are buying is a true value. For example, if you are buying an American fridge for £500.00 then you may be O.K with this but if you are simply splitting the price to avoid Stamp Duty e.g. £125,000.00 for the property and £3,000.00 for carpets and curtains then you may be in trouble!

17.     What if I don’t want you to report things to my mortgage company?

If you are having a mortgage to assist you with your purchase then it is likely that we will act for your mortgage company as well as you. We will need to ensure that they are happy with things. If there is something that they need to know e.g. your parents are giving you the deposit we will need to tell them. If you say that we can’t tell them then we will not be able to continue acting for you.

18.     Can the same firm act for a buyer and a seller?

There are new rules relating to this. In certain, limited, circumstances we may be able to do so but it is no longer normal practice.

19.     Why should I use a solicitor?

Buying a house is probably going to be the most expensive purchase that you will ever make. You are usually buying your home for you and your family to live in. It is important to you. It is also a complicated process and you will need help guiding you through all of this.

All solicitors have trained for many years both in college and in firms to become qualified. They know what they are doing and can guide you through the process.

Sometimes things go wrong. All solicitors carry indemnity insurance which can be used to compensate you if mistakes are made. In addition they are regulated by the Solicitors Regulatory Authority who monitors firms closely to ensure that you and your money are protected.

20.     Why should I use Ringrose?

Where individuals count – this is our strap line and we care about you and your transaction. We work in small teams so that you can be on first name terms with your team members. We hold the Law Society Quality Lexcel mark which means that our firm and procedures have been checked by external assessors to ensure that we are a well run firm. Try us and see for yourself!

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by Julie Atkinson on January 12, 2012  •  Permalink
Posted in General, Personal, Property
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Posted by Julie Atkinson on January 12, 2012

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Ringrose Law gear up to deal with seasonal drink driving cases

Many of us will be waking up with a hangover as January starts. But what if your hazy memory of the last couple of weeks’ festivities includes an unwanted visit to the local police station? What if your New Year’s resolution list starts with “must visit Court?” Is there anything you can realistically do?

Motoring law specialist Andrew Coley said: “New Year typically sees an increase in drink driving cases coming through the Courts. We see many motorists facing disqualification who may benefit from proper legal advice. I have recently dealt with a case where the paperwork wasn’t properly completed, leading to the case being discontinued and a matter currently before the Courts in which we are examining CCTV footage to look at whether the procedure has been properly completed”.

Meanwhile, even in the holiday period the work didn’t stop for the Criminal Department. During the period of office closure, it dealt with cases in no fewer than four separate police stations, covering a wide range from the typical seasonal domestic to more serious offences. Head of Department Sunil Khanna said “I am grateful to my dedicated and hard-working staff who continued to give advice, even on Christmas Day and Boxing Day and made sure that our clients continued to get the very best possible service. I am delighted that we can be available for our clients when we are needed.”

If you have been charged or await a further visit to the police station, why not take advantage of a fixed fee interview at one of our offices in Newark, Lincoln, Boston, Sleaford, Grantham, Spalding or North Hykeham together with fixed fee representation at Court? Legal Aid may also be available – we offer a full Legal Aid service so please ask!

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by Rebecca Wilson on January 11, 2012  •  Permalink
Posted in Criminal Defence, General, Personal
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Posted by Rebecca Wilson on January 11, 2012

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January is Divorce Month

 January is one of the busiest times of year for a family solicitor. It is a sad fact of life that the stresses of the Christmas period can often push an already rocky relationship to breaking point. As a result the number of divorce petitions filed in January is usually much greater than at other times of the year. As such January has commonly gained the title of “divorce month” within family law circles.

Before starting divorce proceedings there are a number of issues which will need to be considered. Who will issue the divorce? What is the reason for the divorce? Who will look after the children? How will money and property be divided? If an agreement can be reached in respect of these issues then on average a divorce will take around four months. If these can’t be agreed then there are steps people can take to try and ensure the proceedings run as smoothly as possible.

Firstly you could consider family mediation to discuss your wishes and feelings. Often having a third party there to offer advice can help you focus on the issues and reach an agreement. Once you have an agreement you can seek advice from a solicitor about making it legally binding. It is also very important to make sure the children do not feel caught in the middle. Talk to the children and explain that you are separating. They may have views on who they want to live with.

Mediation is not appropriate in all circumstances and it may be necessary to consult a solicitor. If this is the case here are a few ideas to prepare you for your initial meeting.

  • Bring your marriage certificate. This needs to be sent to the Court when filing a divorce petition. The Court will keep this and it will be replaced by your Decree Absolute when the divorce is finalised. If you cannot locate your marriage certificate a copy can be requested for a small charge.
  • Think about why you want to get divorced. A divorce can be based on one of five facts, 2 years separation with consent, 5 years separation, desertion, adultery and unreasonable behaviour. The most common of these is the latter and if you are thinking of using this then it would be helpful for you to prepare a list of examples of the behaviour you find unreasonable. However a solicitor will be able to advise you on what basis is appropriate in your circumstances.
  • Gather all the information you have about your finances. A solicitor will need to be aware of the financial circumstances of both you and your partner to properly advise you on a fair and reasonable settlement. However, you should not take any information about your partner’s financial position without their consent. Your solicitor will request any information they need. It is very important to make sure that everything agreed in respect of finances is drawn up into a legally binding order. This will avoid problems arising in the future if one person breaks the agreement.

If you do need to instruct a solicitor you want to know you will get the best service and advice possible. At Ringrose Law we appreciate that going through a divorce can be one of the most stressful situations you will ever face. We know that each situation is different and each client will have different priorities. We can offer an individual service to suit your needs and help ease your concerns and stresses.

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by Lucy Smith on January 10, 2012  •  Permalink
Posted in Family and Children, Personal
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Posted by Lucy Smith on January 10, 2012

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