Ask us at Frettens
Here's some frequently asked questions on dispute resolution, if you need to ask us anything more please get in touch using the form on the right.
Q. Can I simply ask my tenant to leave after giving them a months’ notice and if they don’t go can I kick them out or change the locks?
A. No, there are strict rules regarding the eviction of tenants and you must follow those rules if you want to get possession of your property. There are a number of matters that you must have complied with before the start of the tenancy and during the tenancy before you can even serve a valid notice of eviction. If you have complied with all of the requirements then you can service a valid notice. Depending on which notice you give you can either provide 2 months’ notice to your tenant or 2 weeks’ notice. Even then you can simply kick them out if they don’t leave. You must issue court proceedings and get a court order.
Q. Can I contest a relative’s Will?
A. Yes, there are a number of different reasons why you may have the grounds to contest a loved one’s Will. This can include concerns about their mental capacity at the date they made the Will, issues of them having been unduly influenced by someone close to them, not properly understanding the contents of their Will or simply that it fails to make reasonable financial provision for you depending on your relationship to the Deceased and your needs.
Q. My builder and I have fallen out, can I simply throw them off site, withhold payment and hire someone else?
A. Whilst this is an option it is not recommended. You should ideally arrange a site meeting to discuss the issues you have with the works and give them a ‘reasonable’ opportunity to rectify those defects before withholding payment and hiring a replacement. Make sure you have written correspondence about what is agreed and if you are still not satisfied or the builder chooses not to proceed you will have a far stronger claim to withhold money, potentially make a claim for money back or claim for additional monies you have incurred in paying an alternative contractor to complete the works to your satisfaction.
Q. My partner and I have split up and he has kicked me out of his house which I spent a lot of money renovating, am I entitled to a larger share of the sale proceeds for the works I have carried out?
A. Firstly, this will depend on who the legal owners of the property are and secondly, whether there was an intention or understanding, jointly shared by you and your ex-partner in relation to the shares in the property being changed to reflect works being carried out by you. The starting point will be to consider the title deeds, any declaration of trust and/or whether there is any express written agreement in place between you and your ex-partner regarding the works carried out or the shares in the property.