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Showing results for tags 'clause'.
Found 21 results
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My daughter bought a new flat, made by Barratt homes about 18 months ago. Last week she had a letter from some solicitors called FS Legal about a "Leasehold Action Group for your Development", essentially warning her of the potential problem of a ground rent clause which may make life difficult in the future. I have the agreement but can't work out if she has a problem or not. Does anyone know what to look for? who could point me in the right direction? Many thanks. Regards to all. Fred -
The defendant in a fast track claim has made an offer for an amount which is acceptable to the claimant but is insisting on a confidentiality clause which the claimant does not want to sign. What are the potential cost implications if the claimant continues with the claim and is awarded that amount or less?
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Hey, I am trying to sort out my finances and the car is massive chunk. We took the loan out in Oct 2015 and has been paying £424 p/month of which just over £150 is being used to pay the capital - the rest is interest. When can I ask to return the car and where does the half way point hit ? is it once half the loan value has been paid (half the cars purchase price) or once have the total loan value (inc interest) has been paid? Many Thanks Scott
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Hi! I have used the break clause in my tenancy contract to terminate it. It required a 2 month notice period, which I gave and was accepted by the landlord's agency. This means that my tenancy agreement ends by the 25th of August. Nevertheless, my rental period usually runs from the 8th of each month. I have assumed that, if the tenancy contract ends by the 25th I would only have to pay from the 8th to the 25th but the letting agent is asking for a full month rent... He says the overpaid money will be returned and that they do this to protect them from tenants not leaving at the end of tenancy. Is this legal? Do I have any obligation to pay over the end of contract period? Is there any protection for the overpaid money? What happens if I only pay for the period of 8 to 25 of August? Any help would be much appreciated! Thanks! -
I have had an ongoing claim with Jet2 for compensation following a fight delay in Feb 2011. There are six family members in the group, my wife and I, and four children under 16. I am the lead passenger and paid for the flights and the booking was made using my Jet2 account. It was a technical fault and they have been using the “unexpected circumstances” excuse since 2011, and most recently said they were waiting the outcome of their appeal to the Supreme Court which they said would affect the outcome of my claim. When the Supreme Court refused permission for them to appeal, I wrote again asking for the full amount plus interest. They have now asked me to submit a separate claim for each individual or they won’t consider them. This is the first time since I first claimed in 2011 that they have made such a request. After my initial claim, they made a partial pay-out for our allocated seats booking-fee, all on the same claim. So they have the all the passenger details and they have even partially paid out on the claim. I am inclined just to go straight to the County Court now because they are obviously just time-wasting. In my most recent letter, I said that if they did not inform me within 14 days of how and when they are going to compensate me, I would pursue the matter in the court. Am I now justified in taking them to court? Is it reasonable of me to expect a reply in two weeks after an almost four year on-going case ? Their normal reply time is six to eight weeks. If I don’t submit the claims again individually, would they be able to use that as reason for not paying if I go to County Court? Many Thanks -
At the time I got my job I was unemployed so didn't really have a lot of room for manure, If I turned the job down no JSA, and I never found out about the overtime clause until I had been in the job 2-3 weeks. I will be brutally honest, I'd rather not be there at all let alone stay any longer than necessary so this over time clause kills me. We already work 45 hours basic let alone over time, Is there anyway out? I know all about the 48 hour limit but its averaged out over X amount of weeks. Its the fact all plans have to be dropped as and when asked or your marched into the office and reminded about the contract, I missed my kids nativity play over it at Xmas. Its all a major pain in the behind for £6.20 per hour. -
Hi all, We intend to enact the 6-month break clause in our AST, as we will be emigrating soon. It seems to be the 'standard' 2-months-notice affair, but the wording has me really confused: Surprisingly, this agreement is not approved by the Plain English Campaign! The tenancy began on the 28th February, so would it then end on the 27th August if served correctly? If so, would I need to serve the notice on the 27th or 28th June? -
Hi,Can someone please help me? I have recently been having issues at work with a verbal contract argument which i have posted a thread about on here,i am now at the 1st formal stage of the greivance procedure but the extension date i have been given to sort out said issue is approaching 30th June.When my grievance was envoked 3 weeks ago there was a status quo clause in it which means everything involved stays as it is until the grievance is exhausted but i have been told today by my union rep that my employer NHS is trying remove the status quo element of this procedure.So my question is will they have follow through the status quo clause with me as my grievance has already been in place before any changes have been or will be made?My union rep seems to think they can do this but this seems unfair as i'm only at stage 1 and my dismissal date is 30th June and nothing has been dealt with yet this could go on for a while.cheers -
Ambiguous breakout clause.
lom posted a topic in Residential and Commercial lettings/Freehold issues
Hello, I have recently moved out of an apartment during the fixed 6 month term of an assured shorthold tenancy. The landlord accepted our notice and did not mention us needing to pay any rent. However when we asked for our deposit to be returned they said it would not be and have informed "mydeposits" that we will not be due any as we terminated the tenancy early. Our contract contains the following clause "termination by the tenant - If the tenant requires to terminate this agreement, the tenant must give written notice to the company and the period of notice shall not be less than the tenant's notice period i.e 1 calendar month." Would this qualify as a breakout clause? It does not exactly specify that we can end the contract during the fixed term, but it also does not say we can't either. I have read that a breakout clause needs to be explicit but is this ambiguous enough to indicate we are within out rights? And equally, does the fact that they have allowed us to terminate our tenancy without demanding rent imply we have not broken the contract? To me it feels like they want to have it both ways. Either we broke our contract and should be liable to pay rent for the full 6 months, or we haven't broken our contract and we should be entitled to get our deposit back too? Thanks for any advice you can offer! -
Hi, I received a letter from a Solicitor yesterday on behalf of the Landlord to inform me that he is exercising his rights under the break clause in my Tenancy Agreement and that they require possession of the property on the 31st July. However, the name of the landlord on the legal notice is completely different from the name of the landlord on my tenancy agreement (I know from my actual landlord that the person serving the notice is a joint owner of the property). My question is, is this notice legal, as the name does not match my Tenancy agreement? My understanding is that although he has an interest in the house as owner, it is the landlord written on my agreement that needs to serve the notice? If it is not legal, do I need to inform the solicitors of the mistake, or can I just challenge the legality of the notice closer to the intended date of possession? Many thanks for reading and thanks in advance for your opinion and advice. David
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Hi , i have a hire purchase agreement with black horse, i have paid 22 out of 48 payments and i am looking to hand the car back to start Fresh. There is a baloon payment at the end of the term to keep the car but i want a new one now, i was told i could hand this back at the halfway (24month) point but upon read my documents it says it can be handed back once i have paid £14,775 which wont be untill november. Can i still terminate at 24month point or will i be liable to make up the difference to 14,775 ? Also Any suggestions of how to get out of contract appart from trade in as i would still have nevative equity on the car. Many thanks Marc
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can i assign an overage clause to a third party? -
Hello , I'm new to this forum but hope someone can advise me on the following. I have worked for 2 days per week in a retail shop as assistant manager for 11 years. It's a small friendly shop where I often advise customers and get involved in stock ordering.I effectively run the shop for several weeks of the year when the owner is abroad. The owner is 'getting on' and is preparing to put the business up for sale. As part of this she has asked me to sign a contract of employment which seems to be of standard format but I am not happy to include the non-competition clause which states that I will not engage in any business connected with any of her suppliers,or contacts etc for the period of one year. (It's obviously written in more legalese than that) In the course of my self-employed life (the other 5 days!) I already deal with several of the same suppliers which she is aware of. If she sells, I may not stay with the new owner, but until the time comes I'm not sure yet quite what I will do. I do not want to have my hands tied especially for that amount of time. My question is this: as she is unwilling to remove that clause altogether what do you think would be the shortest amount of time that I could offer.....and maybe I could offer not to set up in retail although I'm sure I would expand my internet sales. What would be considered reasonable.....I really don't want to fall out over this but we are both unsure as to how to proceed. thanks in advance
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Hello all, Its been a long time since I have posted on CAG, but it was the first place I thought of in relation to a nagging issue which has arisen and I thought perhaps someone might be able to definitively answer an employment related question here. I have been employed full time by a private company for the last six months. A month or so ago each employee was asked to sign an updated version of our contract of employment. We were told by our manager that there were a few minor changes. I signed the contract, and despite what I am about to post below, do not regret doing so, because prior to joining this company I had been out of work for a while, and I am happy where I work. That said, there are a number of other private companies which do similar/the same type of work in the area, and the company I work for notoriously pays lower salaries than the industry average. The vast majority of colleagues who leave the business go to work for another similar company for more money, and turnover of staff is unusually high, I would say, because of this pay gap. A colleague mentioned to me recently that the new contracts we all signed contained an updated 'non-compete' clause in our contracts, which reads as follows: The Company I work for provides services to a government department. In my role I come into contact with customers and their details, but I do not have any detailed specialised knowledge other than that which I brought to the role through my background and skills. I do not build or maintain business relationships or operate at a senior level. Is my employer just fed up with people leaving to go to work for similar businesses? What would happen if, in the future, I resigned and joined a similar business within the same Area within a 12 month period? Would my current employer have any legal recourse? How can it be reasonable to prevent a person from going to work for another company? I would not share confidential or sensitive information or undermine the business interests of my current employer, but I am very good at my job and could probably earn 30-40% more elsewhere. Just to be clear I have no intention of leaving my current employer at this moment in time, but might well do in a year or so. Thanks. -
My employer has decided to move me to another site this is part of the outcome of a disciplinary I am also getting a final written warning. at my appeal hearing I said I was not happy to be moved and asked how they can move me without consultation as there is no mobility clause in my contract it just states my place of work. I TUPE transferred to this company about a year ago and upon starting with them received a letter stating that all my terms and conditions remain unchanged. At the appeal hearing the manager tried to tell me that TUPE is only for when you first transfer and then as time goes by it just dilutes and as such all other employees can be transferred so they are within their right to transfer me. Are they really within their rights to do this? The site where I'm to work is really awful and I would rather resign than work there.
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i renewed my fixed term tenancy agreement on April 2012 for further 12 months. There is a break clause stating, the tenant shall be entitled to terminate this tenancy by giving notice to the landlords follows: 1.2.1 the period of the notice to be a minimum of one calendar month 1.2.2 the notice period will expire on the last day of a period of the tenancy and must be served in writing. 1.2.3 notice must be served in accordance with the attached tenancy terms and conditions. could somebody please explain the 1.2.2 as i don't understand. can i move out by giving them one months notice as this is what i would like to do at this stage. thank you -
Hi, Can you please help interpreting the below break clause? "On or prior to the date the TENTH rental payment is due either the Landlord or the Tenant may give written notice to terminate this Tenancy Agreement on the last day of the TWELTH month. At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any of the terms and conditions of the agreement. If this clause is not invoked the Tenancy Agreement will be for twelve months from the commencement date." Does this mean, I lose ability to break clause if I don't use it before 10th month into the tenancy? Thanks for your help. Kind regards, -
Hello, I paid £109.95 for a Dolls house advertised as being 'Complete with Furniture' from an online retailer. The box did not contain the furniture. The company have apologised and said that they will amend their website and have said that "We have now amended our website and as advisedin the terms and conditions which you agreed to when orderingdescriptions can differ from the product." Their terms and conditions say: "Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order”. I am writing a letter of complaint to their customer services and would appreciate any help to construct a powerful response to them. Many thanks,
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Here is a brief rundown of the situation I was offered an interview in writing for a job based at a certain location (i will refer to this as location x) I went to the interview, was offered the job which i accepted as the contract stated in big bold letters the address at which i will be based (location x), OR (in smaller letters) any other location that was discussed at the interview OR any of the addresses of the company. I made sure i got emails from the two people who interviewed me stating that the only place that was discussed was location x. I started the job (which i knew, and accepted would involve travel from location x, to other locations throughout the network) This was great, as the company procedures allowed me to claim mileage expenses from location x, to all other locations, and back to location x, and location x is 10 minutes from my home ! Sweet ! Not really, as on week 6, without warning they moved my base from location x, to location z which is 30 miles away, therefore i cannot claim mileage from location x anymore, and must pay the costs of fuel myself to location z, and from location z back home, which is around £340 a month ! I felt as though i had been mislead, and decieved into the job (which i actually left a job to go to as it was closer to home) I raised the issue informally intending to go to the written stage of grievance, and this eventually lead to my contract being terminated before i got to level 2 The mileage thing really galled me as the person already located at location z (her home town), was moved to location x on the same day and faced the same issues We were facing passing each other on the motorway on the way to work, and neither of us could claim any fuel costs ! Breach of contract ? or just invoking a weak mobility clause in order to save company money ?
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In a contract I'm about to sign (as a tenant), there is the shortest and least explained break clause I have ever seen: "Fixed Term From 08/07/2012 until 07/07/2015. (36 months). Renewable if agreed by both parties 6 weeks notice must be given if the tenants wish to extend the lease. Break at 12 months with 2 months previous written notice by either party. Option to review rent after 18 months" I know the contract term is unusually long, and I can only break it after a year - I'm fine with that, planning to stay. Here is the question: Can I break this contract only on 07/07/2013, with 2 months notice, or can I break it any time after 07/07/2013 with 2 months notice? Anyone have a clue? Usually it is spelled out ... -
Hi All, can anyone give me some advice on my legal right regarding the below please? I have a standard tenancy agreement with 6 month break clause (1 month notice) a the condition that "the heating in the flat is not enjoyable for the Tenants as mutually agreed by the Landlord and Tennant" This clause was put into place as the flat don t have central heating neither double glazing (back in 80/2010) - following cold winters I have requested in several occasion to have the window replaced or for a secondary double glazing to be put in place but nevertheless the management agency attempts to insulate the flat with other cheaper solution no much did improve - secondary double glazing were not put into place as the landlord want to sell the flat this summer. Due to the very low rent I still have put up to live in the propriety and to pay more on heating to try to keep warm. This anyway did result in me been ill constantly and having to take time off work consequently. Following been diagnosticate with Cervical Artois and Chronic Sinusitis I have tried to give my notice as I did not want o jeopardise my health any further. Unfortunately the Management agency don t agree with us giving notice and they are stating that now is warm. I am challenging that in the break clause isn t specificity that the temperature has to be agree to be enjoyable or that I have to allow additional time for repairs as this "has already been mutually agreed" Can anyone give an opinion on our right? Many thanks
