An­gela Brown

Macclesfield Express - - SPORT - CARE HOME CON­FU­SION EVICT­ING TEN­ANTS

Daniels LLP So­lic­i­tors THERE ap­pears to be much con­fu­sion over the ques­tion of nurs­ing home fees and how to avoid them. Should el­derly peo­ple con­sider giv­ing their house to their chil­dren with this in mind, and how long would it be be­fore they were ‘in the clear’? EL­DERLY peo­ple should def­i­nitely not con­sider do­ing this with­out tak­ing spe­cial­ist le­gal ad­vice! If the lo­cal author­ity can show that you’ve given away your prop­erty with the sole in­ten­tion of avoid­ing the fees then there is no time limit af­ter which the gift will be ‘safe’. The lo­cal author­ity also have strong en­force­ment pow­ers at their dis­posal and could pur­sue the re­cov­ery of any debt through the courts. Giv­ing your prop­erty away is a very se­ri­ous step, and if your chil­dren al­ready have homes of their own you may just be giv­ing them a cap­i­tal gains tax prob­lem. Dis­cuss your options with your so­lic­i­tor. MY wife and I are rent­ing out our house in Crewe. The ten­ant has only paid rent on two oc­ca­sions, and we have served a sec­tion 21 notice to evict him at the end of the month. Can we get le­gal aid? Can we claim back all costs? Do we take him to our near­est court, or the one in Crewe? How do we take him to the High Court? YOU prob­a­bly won’t be en­ti­tled to le­gal aid – es­pe­cially if you have two houses as as­sets. The court fee and some le­gal costs will be added to the debt, but your chances of see­ing this money are slim. The main thing is to get your house back. Whilst it’s not nec­es­sary, you may want to is­sue pro­ceed­ings in the court near the prop­erty; if the mat­ter is de­fended it is likely to be trans­ferred there any­way. The High Court would not be ap­pro­pri­ate for this case.

DOWN THE MID­DLE

WE put up a dec­o­ra­tive fence to re­place the pre­vi­ous one which had be­come rot­ten and di­lap­i­dated. But last sum­mer our neigh­bours took it over, fas­ten­ing trel­lises with loops through the holes and grow­ing ivy and other shrubs over it. I don’t want to fall out with them, but is there any­thing we can do? TECH­NI­CALLY your neigh­bours aren’t sup­posed to fas­ten any­thing to your prop­erty, so you’re en­ti­tled to ask them to re­move the fas­ten­ings and cut away

ON THE CAR­PET

I HAVE paid a de­posit to buy a car­pet from a large firm, but they now say they won’t fit it un­til the bal­ance is paid in full. Can’t I in­sist on pay­ing them when the work is com­pleted? IT’S ob­vi­ously safer from your point of view to pay only when the car­pet has been fit­ted to your sat­is­fac­tion, but it re­ally de­pends on what you agreed in the first place and what the firm’s stan­dard terms and con­di­tions of busi­ness are. With­out see­ing those it’s dif­fi­cult to com­ment on what was agreed, but the firm prob­a­bly didn’t agree to fit the car­pet with­out be­ing paid in full. If there is any­thing wrong with the car­pet or you are dis­sat­is­fied in some way once it has been de­liv­ered you can of course seek com­pen­sa­tion in the nor­mal way.

Call SAS Daniels LLP So­lic­i­tors on 0161 475 7676 or 01625 442 100. Visit www.sas­daniels. co.uk If you have any le­gal ques­tions, write to Weekly Law and You, MEN Me­dia, Mitchell Henry House, Hollinwood Avenue, Chad­der­ton OL9 8EF, or email mail@lawQs.co.uk

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