Landlords to face criminal sanctions in amended Right-to-Rent legislation

Article by Kagowa Kuruneri

Since February 1^st, 2016 Landlords across England have been obligated to ensure that tenants have a right to rent. Failure to fulfill this obligation meant that landlords could face a fine of up to £3,000 per tenant. However as of December 1^st 2016, and under the Immigration Act 2016, landlords, their managing agents, and occupants who sub-let all or part of their accommodation could now face up to 5 years in prison for failing to verify a tenant’s right to rent.

In order to comply with the Right-to-Rent scheme, landlords must:

• Establish that a tenants immigration status meets the requirement to rent a property;
• Verify that the tenant’s immigration documents meet the requirement of those listed under the Right-to-Right scheme;
• In the presence of the tenant, check that the documents provided are genuine;
• Interview the tenant and make reasonable inquiries about who else will be staying at the property;
• Ascertain whether the tenant has a time-limited or continuous right to rent;
• Copy all documents and retain them in accordance with the Data Protection Act 1998;
• Notify the Home Office if the tenant’s circumstances change; and
• Conduct follow-up checks when the tenant’s right to right expires or if there is a new tenancy agreement 

These requirements apply to all new tenants aged 18 and above. It is against the law to only assess tenants you believe are not British citizens. Checks must be made against all tenants regardless of whether or not: there is a legitimate agreement in place; the tenant is named in the agreement; or the agreement is in writing. These conditions also extend to tenants or lodgers who are only permitted limited stay in the UK. In these circumstances checks must be conducted by Landlords 28 days before the start of tenancy. Periodic follow-up checks may also be required thereafter.

Tenants who have had, or who receive Section 8 notices will now have a technical defense in possession proceedings if landlords or their managing agents issue these notices without specifically referring to the right-to-rent scheme under the Immigration Act 2016.

There are some types of accommodation that are exempt from this scheme. To find out more, or if you or anyone you know requires help in this regard please email me or get in touch with us on LinkedIn.

www.gardenhousesolicitors.co.uk

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Email: info@gardenhousesolicitors.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Flight Delay Compensation

Airport disruptions can go a long way in ruining your holiday, travel plans or making a long trip home even longer. While some airlines make amends for the inconvenience caused, others seem to let the chips lie where they fall. Interference with your bookings caused by the airline constitutes as a breach of the contract between you and the airline. Therefore, if an airline is responsible for disruptions to your journey they should provide some reparation.

Under the current regime EU regulation EC 261/2004 applies to all passengers travelling on a UK or European airline, either departing from or arriving to the UK, an EU member state, Iceland, Liechtenstein, Norway or Switzerland. However, it should be noted that while there are guidelines in place, carriers interact with it differently so actual airline policies may vary.

You will be entitled to compensation if your flight has been delayed for 3 hours, or more, and the delay has been caused by the airline, e.g. due to a technical fault or overbooking. The amount of compensation received is determined by the length of the delay and the distance of the affected route. If you are delayed by less than 3 hours then you are not entitled to compensation. Nonetheless, the airline may issue food and drink vouchers and provide airport accommodation if delays continue overnight. 

Article by Kagowa Kuruneri

If a flight has been delayed for over 5 hours you are not obligated to take a replacement flight. You may instead request a full refund (including refunds for connecting flights that are part of your booking with the airline). If you choose not to take a new flight you are entitled to be provided with an airline voucher for food and drink, access to phone calls and emails, as well as airport accommodation (with transfers) if you are delayed overnight. If you decide to wait for a replacement flight you are further entitled to some compensation if, as above, the delay is caused by the airline. 

You also have a right to a full refund if your flight has been cancelled. This includes a refund for any connecting flights from the airline that are part of your booking. If you do not receive a refund you are entitled to a replacement flight to your destination. If the replacement flight delays you by 2 or more hours, you are further entitled to some compensation, vouchers for food and drink, access to phone calls and emails, as well as airport accommodation (with transfers) if delays persist overnight.

So the next time you book your holiday away remember that all will not be lost if your travels are disrupted by delays or cancellations. Contact the airline operating your flight and keep your flight details and booking references safely with you. Always bear in mind that while compensation is available, you will never receive compensation if flights are disrupted due to bad weather or strikes. 

If your flight is not protected by EU law you should contact the airline company directly as their own terms and conditions may include cancellation compensation. If you believe that you are entitled to compensation and require assistance with your claim, please feel free to email me or connect with us on LinkedIn.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Consumer Rights - "Black Friday"

Between Black Friday and Cyber Monday, who is looking out for you?  

With pay-day on the horizon and Christmas ever near, "Black Friday" gets many shoppers excited, and taken care of just in time for the festive break.  

Traditionally an American practice, Black Friday lasts one day with Cyber Monday being its online counterpart. The UK has continued this extravaganza with some added flare as this year stores across the country have enticed consumers with deals up to two weeks in advance of the event - and let's not forget the weekend long extension.   

From household goods and electronics, to holidays and the latest trends in fashion and cosmetics, there is something on the sale rack for everyone. No one is safe from the impulse to spend as visually we are bombarded with adverts of must-have products and the reminder that "Sale Ends Midnight." Some retailers have gone as far as stocking products solely for this event. So what's the catch? Faulty products and restrictions on refunds and returns.  

For those who shop in store and either try or inspect goods before taking them home, this isn't too much of a problem. But, what happens when damage and defects present themselves after the fact? And what can you do when you've chosen to forgo the crowds and congestion by shopping online? 

Article by Kagowa Kuruneri

As a customer you are protected by the Consumer Rights Acts 2015 (CRA). This Act entitles you to return products that are not as advertised. Your rights under this Act are simple, all goods bought either from shops or online must: 

• Be fit for purpose 
• Be of a satisfactory quality and standard; and  
• Be as described, matching any models seen or examined.  

If your purchases do not meet the above criteria, or cause you any injury in any way, you are entitle for a refund, replacement or repair. Whether you've bought your goods online or in-store you have a grace period in which returns can be made (usually 7 - 14 days from the day you receive your items.) It is your right to return unsatisfactory products, no matter what bargains seduced you. You also have a right to cancel orders made online.  

That being said, online shoppers beware! There are some purchases that cannot be undone. Certain items that come specially sealed cannot be returned or refunded if their seals have been broken (e.g. CDs, video games or software.) Similarly, intimate items such as underwear and earrings cannot be returned for hygienic reasons, nor can you return items made to personalised specifications.   

So as you participate in the mad dash that Cyber Monday brings, exercise caution and shop smart. Keep your receipts and pay attention to the fine print. Before you check-out, read the returns policy and information about your right to cancel orders. If you are concerned about a recent purchase, believe you have a claim against merchants or manufacturers, or feel that you would like some legal advice regarding your consumer rights, we at Garden House Solicitors are looking out for you.

Email me, or connect with me on LinkedIn. 
www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Personal injury claims and insurance companies.

Garden House Solicitors regularly receives instructions from accident victims who are dissatisfied with the service that they have received from another firm of solicitors.  The most frequent complaints are that they have never met face to face with the person handling their claim and that the medical evidence obtained by that solicitor is not correct.

 

Accident victims are often in need of rehabilitation and if your solicitor does not see you face to face it is not always apparent what help you need.  At Garden House we see every one of our clients face to face and their rehabilitation is one of the most important aspects of our work.  We also ensure that we instruct eminent experts to examine our clients and prepare expert medical reports.

Garden Party 2016

Garden House Solicitors held its 6^th annual Garden Party on Friday 1 July 2016 to raise funds for the Alzheimer’s Society. We are pleased to announce that the event was a huge success and we raised £2,400 for the charity.

Lunch and refreshments were provided at the Garden House as well as a raffle prize draw. We would like to thank all the local people and businesses who kindly donated raffle prizes and vouchers. Kaya Halil on behalf of Barclays Bank in Hertford boosted the fundraiser by nominating the Alzheimer's Society as their charity of the year. The money raised will help them to continue supporting individuals suffering from dementia and their families.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Biometric Passports

New rule changes on the 1^st April 2016 require individuals to have a British Passport which is biometric, when visiting some countries abroad.

What is a biometric passport?

This is a passport which has an electronic chip containing your personal details.

Do I have a biometric passport?

If your passport was issued prior to 2007, then you may or may not have a biometric passport. This will be evident if there is a small logo located at the bottom of your passport.  Passports issued after 2007 should be biometric. You should ensure your passport is biometric before travelling, otherwise you may be turned away.

If you are travelling on a holiday, visiting friends and family or you are making a visa application, Garden House Solicitors are able to assist. We specialise in the following areas of Immigration Law:

' Article by Uzma Saleem'

• Applications for Indefinite leave to remain
• Applications for further leave to remain
• Asylum
• Discretionary Leave
• Nationality
• Travel ID

Our services include fixed fees for standard applications and an initial consultation fee of £75.00 plus VAT.

If you require advice in relation to an immigration matter, then please call for an initial consultation. Please contact me on 01992 422128 or email uzma@ghslaw.co.uk

Follow me on 'Twitter' and connect with me on 'LinkedIn'.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Manual handling at work and risk assessments

All employers must comply with the risk assessment requirements set out in the Manual Handling Operations Regulations 1992. These regulations require employers to apply control measures to prevent or reduce the risk of injury to their employees from manual handling. Manual handling relates to the moving of items either by lifting, lowering, carrying, pushing or pulling.

Assessing and reducing the risk of injury

Article by Nazmin Chowdhury

Risks can be found in all work sectors and employers will be asked by the Health and Safety Executive (HSE) to provide copies of all risk assessments carried out. This will then be assessed by a safety representative to ensure that the employer is preventing and controlling hazards. If a safety representative thinks that there is a risk of injury then under Regulation 4 the employer must take reasonable steps to reduce the risk by: 

• Avoiding hazardous manual handling operations so far as is reasonably practicable

• Making a suitable and sufficient assessment of the risk of injury from any hazardous manual handling operations that cannot be avoided

• Reducing the risk of injury from those operations so far as is reasonably practicable 

• Avoiding hazardous manual handling operations so far as is reasonably practicable.

• Making a suitable and sufficient assessment of the risk of injury from any hazardous manual handling operations that cannot be avoided.

• Reducing the risk of injury from those operations so far as is reasonably practicable.

Immigration Health Surcharge Fees

The Home Office introduced changes to fees accompanying immigration applications in April 2015. One of the changes introduced was for the payment of an Immigration Health Surcharge fee.

What is an Immigration Health Surcharge fee?

This is a fee paid by individuals entering the UK towards the NHS.

When is an Immigration Health Surcharge fee payable?

If you are applying for a visa application outside of the

' Article by Uzma Saleem'

UK you will have to pay for an immigration health surcharge payment if:

• Your applying for a visa for the purposes of studying, work or joining family in the UK for longer than a period of 6 months
• You are a national of a country outside of the EEA (European Economic Area)

If you are making an application within the UK, you’ll have to pay if: 

• The application is for any length of time (which includes those for 6 months or less) 
• You are a national of a country outside of the EEA 

Immigration fee changes

If you are looking to submit an immigration application to the Home Office, whether this is as an individual or a family member, you will need to ensure that your application is accompanied by the correct fee.

The government set out proposed fee changes for Immigration which came into effect on the 18^th March 2016. Under the new changes there is an increase to the fees charged for applications submitted to the Home office.

The main changes to the fees include;

·         An increase to visit, study and work visas

·         An increase to settlement, residence and nationality applications

·         An increase to premium services

If you are submitting an application to the Home Office, it is crucial that you speak with an individual who is able to advise you on the appropriate application and accompanying fee.

At Garden House Solicitors we offer services in the following areas of Immigration Law;

Article by Uzma Saleem

·         Indefinite Leave to Remain in the UK

·         Further Leave to Remain in the UK

·         Asylum

·         Discretionary leave

·         Nationality

·         Travel ID

We provide a cost efficient and feasible service to all individuals. We provide fixed fees for standard applications and an initial consultation fee of £75.00 plus VAT.

Please call for an initial consultation. Please contact me on 01992 422 128 or email uzma@ghslaw.co.uk

Follow me on 'Twitter' and connect with me on 'Linkedin'

www.gardenhousesolicitors.co.uk
Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

What is the Data Protection Act 1998?

The Data Protection Act 1998 controls how your personal information is used by organisations, businesses or the government. It also give you the right to know what information is stored about you and how they can use it.

The Data Protection Principles

Under the Data Protection Act 1998, anyone who processes personal information must ensure that the information is:

1. Fairly and lawfully processed
2. Processed for limited purposes
3. Adequate, relevant and not excessive
4. Accurate
5. Not kept for longer than is necessary
6. Proceed in line with an individual's rights
7. Secure
8. Not transferred to other countries without adequate protection

How to find out what data an organisation has about you

The Data Protection Act 1998 gives you the right to know what information is stored about you and you can make a request in writing. This is known as a subject access request and a response must be given within 40 days of the request.

How much does it cost?

Some organisations may charge you for providing the information. The cost is usually no more than £10 and adequate proof of identity is required from the applicant before considering the request.

If you think your data has been misused or that the organisation holding it hasn’t been kept secure then contact Garden House Solicitors for further advice on 01992 422128. 

Follow us on Twitter                                                                  Connect with us on LinkedIn

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Registering to vote and the Electoral Roll

If you would like to take part in the EU Referendum on Thursday 23 June 2016, you will need to ensure that you are registered to vote. To vote in an election or referendum, you will need to be registered on the Electoral Roll. The Electoral Roll is a list of all the names and addresses of those registered to vote in the UK. Each local authority is in charge of the Electoral Roll in its own area and it is updated every month.

Who can register to vote?

• You can register to vote if you are 17 years old. However, you can only vote when you become 18 years old. 
• You must be a British or a qualifying Commonwealth citizen. 

·

Not all households are automatically registered to be able to vote in an election or referendum and therefore it is absolutely vital to ensure that you have signed up to the Electoral Roll. The information on the Electoral Roll must be correct especially if you are applying for credit as the lender will use this information to confirm if your name and address is correct when carrying out a credit check. If you have not registered to vote or the details on the Electoral Roll are incorrect then you may be refused credit.  

If you would like to find out if you are registered to vote on the Electoral Roll or would like to check your credit report please contact Garden House Solicitors on 01992 422128.

Connect with us on LinkedIn                                             Follow us on Twitter

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Immigration law at Garden House Solicitors

Garden House Solicitors are proud to announce that they are now offering services in Immigration Law.

If you are looking for advice in respect of your immigration matter, it is important to consult an individual who is able to guide you through this process from start to finish.

What is Immigration Law?

Article by Uzma Saleem

Immigration law refers to national government policies controlling the immigration and deportation of people, and addresses matters such as applications for individuals, including those for naturalization, citizenship, and settlement.

Some of the services we offer comprise of:                        

• Applications for settlement
• Indefinite leave to remain in the UK
• Spousal Visas
• Applications for extension of stay in the UK

Our services include fixed fees for standard applications and an initial consultation fee of £75.00 plus VAT.

If you require advice in relation to an immigration matter, then please call for an initial consultation. Please contact me on 01992 422 128 or email uzma@ghslaw.co.ukuzma@ghslaw.co.uk. 

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Microchipping made compulsory for all dogs

Article by Nazmin Chowdhury

From 6 April 2016, all dog owners must ensure their dogs are microchipped under the Microchipping of Dogs Regulations (2015). A microchip is a small electronic chip which is implanted under the dog’s skin and contains a unique number that can be read by a scanner.

The dog owner’s contact details relating to each number are logged on a central database and should the dog ever go missing or be stolen it can be scanned by the police or the local authority to make it easier for the dog to be returned to its owner. Therefore it is absolutely vital that the owner takes responsibility for updating their details with the database should their circumstances change. 

If the police or the local authority find a dog without a microchip, assuming that the owner of the dog in question can be located, the owner will be given a time limit of 21 days to get their dog microchipped. If they still fail to comply with the law, they will face a fine of up to £500 per dog.

If you have not already had your pet microchipped and would like to seek advice please contact me on 01992 422128 or email nazmin@ghslaw.co.uk

Please follow me on Twitter                   Connect with me on LinkedIn

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Garden House Solicitors awarded Law Society's Lexcel Accreditation

Garden House Solicitors are proud to announce that we have again been awarded the prestigious Lexcel Accreditation by the Law Society.

Lexcel Accreditation is a mark of quality awarded by the Law Society specifically developed for law firms who demonstrate and maintain the highest levels of service.  It is a recognised accreditation scheme for law firms which gives assurance to our clients that our practice meets high client care and business management standards.

To gain and retain Lexcel Accreditation, firms must undergo a rigorous assessment process from an experienced, trained Lexcel assessor and we are absolutely delighted to announce that Garden House Solicitors has met the Lexcel V6 Practice Management Standard. 

Client care is paramount at Garden House Solicitors and we do our best to ensure that our clients are provided the highest level of service. As a Lexcel Accredited firm, we are always looking for ways to improve our client care service and one of the ways we do this is by asking our clients for their feedback and making any appropriate changes.

We are assessed annually by Lexcel to ensure that we are maintaining the same high standards and therefore we are proud to have received continued accreditation for the forthcoming year.

If you would like to discuss your legal issues with our Lexcel Accredited Solicitors please do not hesitate to contact us on 01992 422128.

Follow us on Twitter                                                    Connect with us on LinkedIn

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

How to ensure your job interviews meet with legal requirements

Job interviews are an opportunity for employers to find out more about their candidates but there are some legalities around the process which you should be aware of before you begin the interview process.

Whilst the purpose of the interview is for you to determine if the candidate is suitable for the vacancy, there are laws to protect the interviewee from being asked unlawful questions that could possibly lead to a claim against your business.

Under the Equality Act 2010, it is unlawful for employers to discriminate against candidates based on their:

• Age                                                             
• Faith
• Sexual orientation
• Gender
• Marital status
• Pregnancy

You should ensure that you keep written notes taken during interviews so that you can prove why you selected one candidate over another. Applicants are legally entitled to request such notes and you are obliged to keep them for a year post interview.

If you would like advice about the recruitment process, need help with drafting a job description or an interview assessment template, please contact us on 01992 422128 to arrange an appointment. 

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Are you thinking of making a living will?

What is a living will?

A living will (sometimes known as an advance directive) is a written statement detailing your wishes regarding health care and how you wish to be treated if you were to become seriously ill. Living wills come into force when you are no longer able to communicate your own choices and can be useful if you have not made a power of attorney. Living wills are legally binding under the Mental Capacity Act 2005. This means that as long as a living will is valid and applicable then any refusal to accept treatment set out within it is legally binding in England and Wales.

Please note that a living will is not the same as euthanasia, but a request in advance to doctors not to give certain life-sustaining treatments. 

Who can make a living will? 

Anyone who is aged 18 years or over and has the mental capacity to do so.

Does a living will need to be signed and witnessed?

If you are choosing to refuse life-sustaining treatment then this must be done in writing and both you and at least one witness must sign it.

Is rugby now too dangerous for children?

There has been a recent rise of head injuries in children which occur as a result of injuries suffered during contact sport in school. The UK Government has selected rugby as a sport it will be focusing on to increase the prominence of competitive sport in schools.

More than 70 health experts around the country have written to the Government urging a ban on tackling in school rugby matches due to the high rate of injury. These injuries may include fractures, spinal injuries and head injuries which could have long term consequences for children.

Article by
Nazmin Chowdhury

Each year around 700,000 people are admitted into hospital with a head injury in England and Wales and many other head injuries go undetected. This has been a cause of worry as children are more likely to sustain head injuries due to their active nature, particularly those who play contact sport. 

What symptoms to look out for

Signs of a brain injury after a blow to the head include:

·         Brief loss of consciousness

·         Memory loss

·         Disturbance of vision

·         Confusion

If your child has suffered a head injury whilst playing sports at school, please do not hesitate to contact me on 01992 422128 or email nazmin@ghslaw.co.uk

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Attending court as a witness

A witness is someone who can provide evidence relevant to a case being dealt with in court. 

Before the trial of the case, you may be contacted by legal representatives of the party who wish to call you as a witness. They may wish to obtain a written statement from you about what you have seen, heard or otherwise observed something that may assist the court in deciding a case.

If you have been asked to attend court to give evidence, you may claim a fixed amount of expenses:

Article by
Nazmin Chowdhury

The expenses you can claim are as follows:

• Travelling expenses to and from the court – the standard or second class fare for bus and train fares.
• Travel by motor vehicle is paid at a rate of 25p per mile.
• Exceptional costs such as taxi fares are allowed in circumstances where this was the only form of transport available or if a witness is disabled or infirm.
• Allowance for refreshments and meals -  £2.25 for up to 5 hours, or £4.50 for 5 to 10 hours.
• Claims can be made for loss of earnings for witnesses who are employed or self-employed - £33.50 for up to 4 hours, or £67 for longer (£42.95 or £85.90 if you’re self-employed).
• There are no childcare facilities at court buildings so witnesses can claim expenses for childcare and babysitting at a fixed rate of £67.00 per day.

(Please note that this may be subject to changes and further information can be found on http://www.cps.gov.uk/legal/assets/uploads/files/Attachment%201.pdf)