ARE LANDLORDS' OBLIGED TO UNDERTAKE GAS SAFETY CHECKS AND WHAT ARE THE CONSEQUENCES IF THEY DONT

Landlords you need to know this

A landlord has been sentenced at Newcastle-under-Lyme Magistrates’ Court to 36 weeks imprisonment, suspended for one year, after failing to provide evidence that a gas safety check had been carried out at one of his tenanted properties. A Health and Safety Executive (HSE) investigation found the landlord, David Corry, potentially put his tenants at risk and ignored repeated requests by the HSE to produce the gas safety record.

Accidental Landlordlords and Tax Implications

This is a link to a very helpful article on this subject

https://thesheriffsoffice.com/articles/accidental-landlords-and-the-tax-implications?utm_medium=email&utm_campaign=Property+newsletter+Jan+25th+2018+law++
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I have put money into a property where I am a Co-Habitee and now my ex Partner is trying to exclude me from the property

Just a little heads up for Co-habitees (if you are living with your partner rather than are married to them)

If you are a Co-habitant and have put money into a property AND CAN PROVE IT, even if the property was bought in the sole name of your partner, who may, as a result of your breaking up be trying to force you out of or excluding you from the property you can apply to the court for an order against your partner the other cohabitant or former cohabitant for the following potential orders if you are still in actual occupation:

1. the right not to be evicted from the dwelling house by the respondent, or

2. the right not to be excluded from the dwelling house or any part of it by the respondent

I am sure you realise it is a fairly complex but be aware that you are not without rights and recourse under the Law

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What evidence do I need to prove domestic abuse so that I can quality for Legal Aid

Full details of the evidence you can provide and how to obtain it can be found at
https://www.gov.uk/legal-aid/domestic-abuse-or-violence

NEW RULES REGARDING EVIDENCE REQUIREMENT FOR ANYONE SUFFERING FROM DOMESTIC VIOLENCE

From 8 January 2018 changes to evidence requirements in private family law disputes come into effect. There will no longer be a time limit on abuse evidence, which previously stood at five years. Additionally, the range of documents accepted as evidence of abuse has been widened to include statements from domestic violence support organisations and housing support officers.

Justice Minister Dominic Raab said:

"We have listened to victims' groups and carefully reviewed the criteria for legal aid for victims of domestic abuse in family cases. Today's changes will ensure that vulnerable women and children get legal support, so their voice is properly heard in court."

Legal aid is available to people involved in private family disputes if they are victims, or are at risk of becoming victims, of domestic violence or child abuse. To qualify, applicants must provide objective evidence of the abuse while their case is also subject to means and merits tests.

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What happens if you are a party to Family proceeding but are a Vulnerable Adult

It is the duty of the court (under FPR 2010, rr 1.1(2), 1.2 and 1.4 and Part 3A) and of all parties to the proceedings (under r 1.3) to identify any party or witness who is a vulnerable person at the earliest possible stage of any family proceedings.

All parties and their representatives are required to work with the court and each other to ensure that each party or witness can participate in proceedings without the quality of their evidence being diminished and without being put in fear or distress by reason of their vulnerability as defined with reference to the circumstances of each person and to the nature of the proceedings.

There is also a new FPR Practice Direction 3AA, which sets out the procedure and practice to be followed to achieve a fair hearing by providing for appropriate measures to be put in place to ensure that the participation of parties and the quality of the evidence of the parties and other witnesses is not diminished by reason of their vulnerability.

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If my employer is discriminating against me and makes me to do different work to my normal duties, can I refuse to do that work

This is a really interesting result regarding a Wrongful dismissal.

If you think you are being discriminated against at work for whatever reason you cannot just refuse to do the work your employer asks you to do as a result of that discrimination.

The impact of an employer’s discriminatory treatment on an employee’s requirement to work was considered by the Court of Appeal in Rochford v WNS Global Services (UK) Ltd and others [2017] EWCA Civ 2205.

The facts in the case were that after Mr Rochford had had surgery due to a serious back condition his employer would not allow him to return to his original job and told him he had to work in a lesser role. Mr Rochford refused to do the work set by his employer and his employer sacked him for gross misconduct.
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The Court of Appeal held that:

—although the employer’s behaviour in not allowing the employee to perform other tasks was found to be disability discrimination, the employee did not have an absolute right to refuse to work

—the employer was found to be entitled to dismiss him summarily for gross misconduct for refusing to work

—generally, the fact that one party to a contract has committed a prior wrong against the other, whether in the form of a breach of contract or tort or any other wrong, does not constitute an automatic solvent of his or her continuing obligations, and there is nothing special about discrimination in that regard

—an employee who is the victim of a wrong cannot in all circumstances simply refuse to do any further work unless that wrong is remedied; he might in some circumstances have to seek his remedy in the courts

If you are interested in reading the case please go to

http://www.bailii.org/ew/cases/EWCA/Civ/2017/2205.html

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