fbnts
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Everything posted by fbnts
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Just subbing
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Thanks Rooster, I have already looked at them but it really doesn't define walls. I will probably have to get a bit formal with the council and ask them to detail why they consider chicken wire to be a solid wall? Tom
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It is over 2m away from the door, you have to come out the door and then down a few steps. Tom
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Legal access to back of property
fbnts replied to fbnts's topic in Residential and Commercial lettings/Freehold issues
Bump, We have been in contact again with someone higher up in the council. Although they are not oposed, they are also not willing to put any effort in. Where can I go from here? Tom -
Thanks for all your comments. Its good news, my friend went back to the Law Centre to see their solicitor. He drafted a really good letter to take with her. She met the police at the property that night and was let in. She handed over the letter and the police officer held the cash 'in escrow' whilst she took her goods out. The shock on her former landlady's face was priceless apparantly. All in all, a very good outcome. Thanks again for all your comments. Tom
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Hi, Just wondered if anyone was familiar with the smoking laws. We have a first floor smoking area (Kind of balcony). at the moment there is a balistraid on the two open sides but we want to be able to put chicken wire over the opening to prevent objects being dropped/thrown from the area. The Health and Safety inspector from the local council has said that installing chicken wire would be considered as a solid wall!!! Is this true or do I really have to sit and work out the exact surface area of the wire per square Metre and calculate if it takes it over the 50% rule? Tom
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No notice as far as I know - I think she just txt her saying not to come back as she would not get in. Our only problem is she may not let her in to collect her belongings until she has counted the money. She is claiming it will be £245 upto Tuesday however my friend is only prepared to pay her £160 which is upto the day she was last there. The police won't be able to do anything other than stop any breach of the peace. We'll see what happens on Tuesday. Tom
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The landlady left the key in the door the first few days and then had the locks changed. She has been to CAB who wasn't sure what to do so she then went to the law centre. They have set up an appointment for Tuesday where she is going to see their solicitor. She has found somewhere else to live now, but the ex landlady is still demanding £10 a day until her stuff is removed. Tom
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Hi, My friend was lodging with someone, and last weekend they have fallen out. She has effectively been kicked out and her 'landlady' is refusing to let her collect her belongings until she has paid her last 2 weeks rent. She is also trying to charge her for this week, even though she was only there for 1 day and the locks have now been changed. The police are willing to be there when my friend goes up on Tuesday to try and collect her belongings. I presume the police won't get involved other than to keep the peace. What can she do? can her landlady legally withold her belongings whilst they dispute the amount of rent? There was no formal agreement or rent book etc. Any advice would be appreciated as my friend is really distraught. Tom
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Taking over new business - can wages be reduced
fbnts replied to fbnts's topic in Employment and minimum wage problems
Thanks for all your comments. For the moment we are not going to make any changes. However one thing that has come to light - Who is responsible for Holiday entitlement acrued prior to the transfer? We took over officially on Wednesday but are being told that we are responsible for paying staff for all their holidays that they have accrued since the start whilst they have been employed by the previous owner. Tom -
Taking over new business - can wages be reduced
fbnts replied to fbnts's topic in Employment and minimum wage problems
Thanks for the reply, thats a great solution. I have no intention to 'try' and get rid of these members of staff just want them to pull their weight and do what they are paid for! I don't think they have any official contracts of employment or a staff handbook at the moment. What can I do in this situation? Can I just implement a staff handbook and can I create a formal contract as long as it matches their current conditions, ie holiday pay & hourly rate? Tom -
Taking over new business - can wages be reduced
fbnts replied to fbnts's topic in Employment and minimum wage problems
Nope its not extra duties, just the job they are supposed to be doing... Serve customers, not stand and chat in the washroom! -
Taking over new business - can wages be reduced
fbnts replied to fbnts's topic in Employment and minimum wage problems
Thanks for your reply - thats as I expected. This is highly unlikely; Ironically, its the two or three useless staff that are on a higher wage! If it was the other hard working staff then I would not have a huge issue. I think its going to be case of cracking the whip and making them earn their extra money! Tom -
Hi, I'm in the process of taking over an existing business (buying the lease). We intend to take on all the existing staff however for some strange reason, a few of the staff are on a higher hourly wage than what they should be. As we are their new employer, can we in effect offer them the same position but with a different hourly rate? I have read somewhere that there's some weird rules when taking over an existing business, although they will get a P45 from the current employer and will be set on by our company. Tom
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Just subscribing - Good luck!
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Legal access to back of property
fbnts replied to fbnts's topic in Residential and Commercial lettings/Freehold issues
Thanks for the reply. I have read the wikipedia page however, I am still quite confused. Do I need to apply for an easement or should it simply be in the deeds? Tom -
Hi, I am about to take on a new tenancy of commercial property. We have a large area to the rear of the property but can only be accessed by vehicle by the side yard which is not part of our property. The property is a council run function hall and they have a locked gate. The manager of the venue will not allow us access and is extremely stuborn. Do we have any rights to be able to access this yard? We really need access next week because we have builders working in the yard and need to get materials delivered around the back. Is it worth going above the manager's head to the council property department? Tom
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Hi, I'm trying to help my uncle. He's being hounded by the CSA for arrears just under £4k. He does not work and receives incapacity benefit. The CSA have obtained a liability order against him and have told him they will be sending bailiffs. He has made an offer of £10 per month which the CSA have rejected. He really doesn't know what to do now, and this is making him really ill. I have told him not to let the bailiff in but he is worried about the car. He is the registered keeper but the car was bought by my Aunty (the kids are from a previous marriage). Can the bailiffs take a vehicle in his name although he isn't the owner? She can prove with bank statements that she bought the car. What can he do to get this sorted? Is there a way to apply to the court to order the CSA to accept the payment offered? Tom
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Guarantor problem
fbnts replied to fbnts's topic in Residential and Commercial lettings/Freehold issues
Hi, Its been a while since last posting. It has been rather quiet until my sis received a local solicitor's letter today. They intend to issue proceedings in 7 days against her. What are the criteria for Legal Aid? Tom -
Hi, I'm helping my friend to set aside a CCJ obtained at the wrong address and based 90% on penalty charges. I have all the paperwork ready however am unsure if she needs to pay the application court fee. She gave birth a few months ago and is receiving maternity payments from the Government. I'm not sure what exactly she is receiving but I presuming it Working Age Maternity Allowance. Is this a form of income support and therefore eligible to apply for a court fee remission? Thanks Tom
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Hi, I have had dealings with these and Robinson Way in the past. If I recall, they use the same template letter and just change the name and logo at the top (Even the same address) I always assumed they were part of the same company in some way. Tom
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Hi, If I remember correctly, £12 is the amount that the OFT said they would take action above but in the document they clearly state that this is not the amount they consider fair as that is for a court to decide. I would just commence the claim as normal - The charge has to be a true reflection of their loss. Tom
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Guarantor problem
fbnts replied to fbnts's topic in Residential and Commercial lettings/Freehold issues
The letting agents have started chasing and seem to be in a position to commence procedings against my sister. I have emailed back and forth and it they confirm: I have replied that I would recommend that my sister made an offer of £60 per month as thats all she can afford. Its clear they are not interested in persuing the Tenant. I presume we can get a judgement against her? Is it worth it? She works 16 hours a week and gets benefits being a single mother etc. Would we be able to get any reasonable enforcement? She has no assets (Except a car) but could we get an attachment of earnings even though she is on benefits/low income? Tom
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