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When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

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Our specialist Litigation team are on hand to help you with any queries you may have.

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Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

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The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

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At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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Forming a company can be a positive and exciting step for many business owners. However, it is important to ensure from the outset that the documents governing your company’s operations suit your business needs.

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Acquisition of another company is an effective way to grow your business. Ensuring a successful transaction is all about the detail. You need to know exactly what you are buying.

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When the time comes to sell your company, or shares in your business, you will wish to maximise the return on your investment of money, hard work, time and emotion.

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A guarantee is a legal commitment to repay a debt where the original borrower has defaulted on their repayments. In essence, the person providing the guarantee will “step into the shoes” of the debtor.

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Whether you are lending to or borrowing from a third party, it is always prudent to record the terms of the loan clearly.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

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If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

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When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

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Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

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You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

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When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

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We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

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We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

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A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

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A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage.

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Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

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Has your employer discussed ending your employment through redundancy or with a settlement agreement/compromise agreement?

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There will be times when an employee’s conduct or performance falls short of what is expected of them in their contract of employment, or they believe that they have been treated unfairly at work.

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The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer. The Regulations can apply to organisations of all sizes when a business is sold.

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From the recruitment process, through to issues such as TUPE, training from expert employment solicitors can help you to use the law as a positive framework to implement the best employment practices.

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A written contract of employment is a legal requirement as part of the employment relationship and failure to provide one can leave both parties unclear about their rights and responsibilities.

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Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

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Do you have a tenant that won’t take ‘Notice’ for an answer?

Following on from my article “Being Noticed” in which I considered how to correctly...

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Do you have a tenant that won’t take ‘Notice’ for an answer?

24th October 2017

News : Litigation

Following on from my article “Being Noticed” in which I considered how to correctly serve notice on a tenant, I now consider what to do if your tenant still refuses to leave the property after receiving a Section 8 Notice:

Going to Court

There is now no option but to apply to Court, via a possession claim, to seek the return of your property. During the Court hearing the Judge will decide whether to make a Possession Order.

You may well be wondering what a Possession Order is; essentially it is a Court Order which will confirm on what date you may take back possession of your property.

Your Day In Court

This can be a daunting and stressful time for many facing this situation but this is your chance to set out the circumstances to the Judge and seek recovery of your property.

The Judge has a number of options on the day and may well decide to do one of the following:

  1. Make a Possession Order; this is a straightforward Order confirming that the tenants must vacate the property by a specified date e.g. in 14 or 28 days time. The judge will decide what timeframe to allow the tenants depending on all circumstances in the case.
  1. Grant a Suspended Possession Order; the tenants will be allowed to stay in the property provided they meet the conditions contained within the Court Order.
  1. Adjourn the case; the Judge may request that the matter be adjourned for a number of reasons e.g. further information is required.
  1. Dismiss the case; the Judge may dismiss the case entirely for various reasons but most commonly because there is no right to evict or the correct procedure has not been followed when bringing the matter to Court.
  1. Money Order; this is where the Judge will Order the tenant to pay the landlord monies which are owed e.g. rent arrears.
  1. Make a Possession Order with a Money Order; this is simply what it says it is; a Possession Order with a money judgment attached.
  1. Order for costs.

Next Steps

Following on from the Court hearing you will hopefully have the result you were seeking. If a Possession Order was granted then it is a case of waiting the required timeframe for the tenants to leave.

Unfortunately, there are occasions when tenants still will not leave and it is necessary to enforce the Order and seek the help of the Court’s bailiffs. I will consider this final step in my next article.

If you would like our advice and assistance in undertaking the eviction process we would be happy to help. Please do not hesitate to contact the Poole Alcock litigation team on 01270 765325. Alternatively you can visit our Litigation services page here or complete the form linked here and we will call you back.

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