As a Landlord you may have been aware of a case called Caridon Property Limited –v- Monty Shooltz, and if not then you may have been aware of the implications arising from it. In this case the Court had been of the opinion that where a Landlord failed to give a new tenant a copy of the gas safety certificate for the new property before he moved in, he was thereafter forever unable to serve a Section 21 notice to terminate any tenancy. He therefore would be limited to using a Section 8 notice in order to remove a tenant.
However, luckily for Landlords, this has recently been looked at again in the case of Trecarrell House Limited –v- Rouncefield.
To ensure that a settlement agreement is legally binding it needs to comply with the provisions of the Employment Rights Act 1996. Ensuring you get the correct advice regarding your rights and what the settlement contains is vitally important. To comply with the requirements of the Act a relevant independent advisor must be consulted and they must provide confirmation that they have advised an employee about the terms and effect of the agreement and, more importantly, in regards to the ability to pursue any further claims should the employee wish to do so.
In an ever increasing technologically developing world, and particularly whilst we have all been in lockdown, the use of electronic signature is of course becoming more wide spread. There is a growing area of dispute as to whether a document has actually been signed in the legal meaning of the word. It is of course accepted that when someone signs a document by hand, they understand that they are signing a document, but can the same be said when the document has been signed electronically?
Keeping good neighbourly relations is important but sometimes disputes do develop and addressing them early can help to resolve them swiftly and without creating further animosity. Boundary disputes and issues about the maintenance of fences and walls can escalate into problems, especially when there are common myths about which side a property has to maintain and even more confusion when title documents and plans are silent on the issue. If you are experiencing any such problems and would like to have an initial chat with one our solicitors about your options please contact our Litigation Department on 01273 582271.