Categories
Council House Disrepair

What The Council Don’t Want You To Know About Disrepair

April 2022

If you are a Council or Housing Association tenant and living in substandard or poor living conditions due to leaks, damp, mould, faulty heating/electrics and so on… then you are living in disrepair. It can be a frustrating and emotionally taxing situation to be in, especially if your pleas are being ignored.

Coping with a house in disrepair can make you feel alone and powerless. Your Council may not offer any solutions or helpful guidance. It can leave you wondering, how can they let me live like this? What more can I do? Why won’t they listen to me?

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

What the Council don’t want you to know about Disrepair

There are a few things you may not know as a Tenant. For instance:

The Council’s or Housing Association’s responsibilies
● Your Tenant Rights
● How a Solicitor can help

It is their responsibility…

To ensure a reasonable standard of living conditions, which include a safe, secure, and well-maintained home. Therefore, it is their duty to repair any reported issues that they are legally responsible for in a reasonable timeframe, which include:

● Damage to the interior and exterior structure of the home, for instance, the foundation, brickwork, walls, roof, guttering, and windows.
● Any leaks and causes of damp/mould.
● Faults with your heating, radiators, gas, and electrics.

This is something they are legally bound by Under Section 11 of the Landlord and Tenant Act 1985. As a result, the tenancy agreement discloses that the above are expected to be kept in repair and proper working order and is the obligation of your Council/Housing Association to do so.

Your tenant rights

Just like it is the Council’s responsibility to maintain and repair the property, it is your legal right as a tenant to live in a property safe and free from any issues of disrepair. They owe you a “duty of care” and therefore, if they fail to repair the reported issue, they could be found guilty of negligence.

In this case, you may be eligible to make a Housing Disrepair claim. This is where a solicitor is necessary.

How a Solicitor can help

You may find the idea of getting a solicitor involved to be daunting, but NJS Law is sympathetic, understanding, and are here to help you every step of the way. Our Housing Disrepair professionals have extensive experience with making claims against Councils and Local Authorities and can ensure the crucial repairs are completed.

There are no upfront costs and even if you are not sure if you have a case, we offer no obligation consultations. But, if the disrepair is impacting your standard of living, affecting your health, causing damage to your belongings, or has resulted in personal injury, you are likely to be entitled to make a Housing Disrepair claim.

NJS Law is here for you. Contact us today.

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Categories
Blog

What is a Medical Records Data Breach?

April 2022

A data breach is when a company/organisation accidentally or deliberately lose, alter, disclose, or access your confidential information without your permission.

What is a Medical Records Data Breach?

Our Data Breach experts have experience in dealing with these kinds of claims against healthcare providers like GP practices, medical centers and hospitals ensuring that those responsible are held accountable and you are compensated for any upset and anxiety you may have experienced from learning of the breach.

How do I know my personal data has been leaked?

Under data protection law, healthcare organisations like your local GP are responsible for your patient data and are legally required to store it securely. It is their responsibility to protect it from unauthorised or unlawful processing and to take steps to prevent it from being inadvertently disclosed to a third party.

A data breach can happen to anyone and often tends to occur as a result of inadequate IT security systems, loss or theft of devices like phones and/or computers, poor disposal of data, and unauthorised access/sharing of healthcare provider’s data.

In the unfortunate circumstance of a data breach, it is the obligation of your GP or Healthcare Provider to notify you if they have been implicated in a security incident that has resulted in the leak of your patient data. They should inform you how the breach occurred, the impact, and the scale of data disclosed.

How does a Medical Records Data Breach impact me?

A data breach involving medical records is a severe issue; it is an infringement of the Data Protection Legislation there to protect our personal information, it is an invasion of your privacy, and due to the sensitive nature of the information it can be very distressing when it happens. It can leave you questioning who has viewed your records, why, and what are they going to do with that information?

Furthermore, a medical data breach can be particularly troubling due to the nature of the data that is likely to have been accessed or disclosed. That data is likely to be sensitive in nature and is highly confidential.

How can NJS Lawhelp?

Our specialised Data Breach team will advise you on whether you have a valid medical records breach claim and help you recover the compensation you deserve.

NJS Law operate on a No Win No Fee basis with no upfront fees. Contact us today for a free no obligation consultation.

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Categories
Blog

Cohabitation Disputes: Making a TOLATA Claim

April 2022

A TOLATA claim (Trusts of Land and Appointment of Trustees Act 1996) or Cohabitation Disputes, is where individuals dispute an aspect of their cohabitation or financial stake in the property.

Who can make a Cohabitation Disputes / TOLATA claim?

Usually, TOLATA is implemented when a dispute transpires between unmarried couples who live in a property owned either solely by one individual or through joint tenants/tenants in common. But the court is there to help any parties who are disputing over the property, no matter their personal relationship.

Additionally, it can be common for TOLATA to be a useful way to establish whether an individual has an interest in the property. If you believe you have a beneficial interest in a property and are being treated unfairly or not compensated for your contributions, you may be entitled to file a TOLATA claim to recover your financial interest in the property in the form of a lump sum payment or the right to occupy.

What does it involve?

Before starting a TOLATA claim, we typically advise settling the dispute by means of Mediation or Solicitor Negotiation. This can be less time-consuming and easier on the individuals involved but we understand it is not always achievable.

The general process of pursuing a TOLATA claim will look like this:

1) Letter Before Claim
The letter will include your intentions and legal position – it will set out your case for the opposing party and will include evidence to support your claim.

2) Response
The opposing party will have a short window to respond and set out their case. They will either agree or disagree with your claim.

3) Negotiations & Settlement
The aim of this step in the process is to resolve the dispute outside of Court. The solicitors on both sides will negotiate for an early settlement and the case will not need to progress any further if a successful agreement is reached.

4) Court
This may be the only option if unable to negotiate but you have a strong legal position – your solicitor will advise on the next steps of formally pursuing a TOLATA claim through the Court.

How we can help

NJS Law understands that each client is unique, and our experienced Cohabitation Dispute team will work with you to provide advice and solutions tailored to your individual circumstances.

Our expert team will assist in pursuing a TOLATA claim, as well as, ensuring you are protected from future claims and defending you if there is a claim being made against you. Getting the right advice on TOLATA and property disputes is critical and that’s why NJS Law is here. Our team will proactively work with you to settle the dispute outside of court but are extensively experienced in handling claims that are left with no other option.

If you would like to discuss your matter with us or require more information on Cohabitation Disputes, please contact NJS Law today to arrange a free no obligation consultation.

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FAQ

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Categories
Road Traffic Accident

Have You Been Injured in a Car Accident? Start Your Car Accident Claim Today

April 2022

We never expect to be involved in a road collision – until it happens. Even the safest drivers can find themselves injured in a car accident due to someone else’s negligence. If you or a loved one has been hurt through no fault of your own, you may be entitled to car accident compensation.

What Can You Claim After a Car Accident?

At NJS Law, our specialist car accident lawyers have extensive experience supporting drivers and passengers with their car accident claim. Collision-related injuries and losses can vary greatly, but common examples include:

Injuries You May Claim For:

  • Broken or fractured bones
  • Neck and spinal trauma
  • Brain injuries
  • Whiplash
  • Burns
  • Paralysis
  • Fatal injuries leading to loss of life

Depending on the severity of your injuries, you may be entitled to compensation for pain, suffering, and loss of amenity.

Emotional & Psychological Trauma

A collision can cause lasting mental and emotional distress. If you are suffering from anxiety, trauma, or psychological symptoms following the accident, this may form part of your road traffic accident claim.

Financial Losses You Can Recover

You may also be able to claim back financial losses such as:

  • Vehicle repairs or total loss value
  • Hire car costs
  • Recovery and towing fees
  • Damage to clothing or personal items
  • Medical and rehabilitation expenses
  • Loss of earnings
  • Travel expenses
  • Fuel loss

If you are unsure what you can claim for, our Personal Injury team will clearly explain your options.

How NJS Law Can Help You After a Car Accident

Claims Caused by Poor Road Conditions

Even if another driver wasn’t involved, you may still be able to claim. Poor road maintenance, such as potholes, cracks, or uneven surfaces, can make the highway unsafe. In these cases, we may be able to help you claim against the council or Highways England.

No Win No Fee Car Accident Solicitors

We know that a collision can create financial strain, which is why we offer:

  • No Win No Fee representation – learn more
  • Free, no-obligation consultations

This means you can pursue your car accident compensation with confidence and without financial risk.

Your Next Steps: What to Do if You Want to Make a Claim

If you’re ready to begin your claim, gathering evidence will help strengthen your case. You should try to collect:

  • Photographs of the accident scene or vehicle damage
  • Eyewitness statements and contact details
  • Medical reports or hospital records
  • Information about the other party involved

Once we receive your information, our car accident legal advice team will guide you through the entire process with honest, clear, and expert support.

Start Your Accident Claim Today

NJS Law is committed to helping you secure the compensation you deserve. Contact our team today to start your car accident claim and get the support you need.

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Categories
Accident at Work

Claiming Compensation for a Workplace Accident

April 2022

If you have been injured in an accident at work, you may be entitled to claim compensation. Under UK law, many workers – including casual workersagency staffand the self-employed – are often still classed as employees and are therefore entitled to the same health and safety protections.

If you are an agency worker, responsibility for your safety may rest with both the agency and the company where you are placed. If either party failed in their duty of care, you could be eligible to make a workplace accident claim.

Types of Workplace Accidents

Accidents can happen in almost any working environment. While higher risk industries such as construction and manufacturing see more serious injuries, office workersretail staffand supermarket employees are also vulnerable to accidents at work.

Even desk based roles can result in injuries such as repetitive strain injury (RSI)back paineye strainand carpal tunnel syndrome.

Common Cause of Workplace Accidents

The most common causes of workplace accidents we see include:

  • Slips, trips, and falls
  • Overexertion and muscle strain
  • Falling objects
  • Vehicle collisions at work
  • Exposure to harmful substances
  • Violence or assaults in the workplace

If you have suffered a workplace injury, it is important to seek medical attention immediately. Even injuries that initially appear minor can worsen over time and lead to long-term complications.

Making an Accident at Work Claim

If your injury was caused by a failure to follow health and safety regulations, you may be able to make a claim to compensation.

In some circumstances, you may still be able to claim even if you were partly responsible for the accident – for example, where faulty equipmentinadequate trainingor unsafe working conditions made your injuries worse.

Employer's Legal Responsibilities

Your employer has a legal duty of care to protect your health and safety at work. This includes:

  • Carrying out regular risk assessments
  • Providing appropriate safety equipment (e.g. helmets, gloves, eye protection)
  • Offering proper training and safe systems of work

Time Limits for Workplace Injury Claims

In most cases, you have three years from the date of your workplace accident to start a claim. In some situations, this time limit may run from the date you became aware that your injury was caused by someone else’s negligence.

Our experienced solicitors can assess your situation and advise whether you are eligible to claim.

Costs and Compensation

Our specialist workplace accident solicitors will work to secure the compensation you deserve. Compensation may cover:

  • Loss of earnings
  • Private medical treatment
  • Rehabilitation and ongoing care
  • Travel expenses and other financial losses

No Win No Fee Workplace Accident Claims

We handle the majority of accident at work claims on a No Win No Fee basis. This means:

  • No upfront legal costs
  • No legal fees if your claim is unsuccessful

How We Can Help

Our team has decades of combined experience handling workplace accident and serious injury claims across England and Wales.

Why Choose NJS Law?

  • Specialist workplace accident solicitors
  • Sympathetic, understanding legal support
  • Free, no obligation consultation
  • Proven track record of successful claims

If you would like to discuss your workplace accident or injury, contact us today to arrange a freeno obligation consultation with one of our experienced solicitors.

Call on 01625 667 166 or email injury@njslaw.co.uk

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FAQ

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Categories
Contesting A Will

Contesting a Will

April 2022

We understand how distressing it can be when the terms of a Will do not reflect expectations, or when disputes arise between beneficiaries and those responsible for administering the estate.

Inheritance disputes are often emotionally charged and legally complex. Where estates are large or involve multiple assets, the issues can become even more complicated. In these situations, having experienced legal professionals on your side is essential.

Reasons to Contest a Will

You may be entitled to contest a Will in a number of situations, including where:

  • You have been left out of the Will
  • You have received less than expected or less than promised
  • You believe the Will is incorrect or unfair

When Is a Will Invalid?

A Will may be legally invalid if:

  • The person making the Will lacked testamentary capacity
  • The Will was made under undue influence
  • The Will was not properly signed or witnessed
  • The Will is believed to be forged or fraudulent

If you are considering contesting a Will, it is important to seek specialist legal advice as early as possible, particularly as strict time limits may apply.

Challenging an Executor of a Will

If you believe the executor of an estate is mismanaging their responsibilities, you may be able to bring a claim against them.

We recognise that this situation can make the bereavement process more difficult. Executors are entrusted with significant responsibilities, including:

  • Collecting the deceased’s assets
  • Preparing accounts of assets and liabilities
  • Paying outstanding debts
  • Distributing the estate in accordance with the Will

This is often a deeply personal role, requiring honesty, care, and transparency.

When Can an Executor Be Challenged?

You may have grounds to challenge an executor if they are:

  • Failing to carry out their duties
  • Distributing asset incorrectly
  • Delaying administration without good reason
  • Acting dishonestly or negligently

In serious cases, the court has the power to remove an executor and appoint a replacement. This may include appointing an independent solicitor to take over the administration of the estate.

When There Is No Will

Dealing with the estate of a loved one who has died without leaving a valid Will can particularly challenging.

When someone dies without a Will, they are said to have died intestate. The rules of intestacy determine who is entitled to inherit. These rules are strict and often do not reflect the deceased’s personal relationships or intentions.

Common Problems With Intestacy

Issues frequently arise where:

  • There are disputes over who should administer the estate
  • A partner, child, or dependant has not been adequately provided for
  • An estranged spouse inherits under the intestacy rules
  • There were verbal promises or understandings not reflected in law

The rules of intestacy make no provision for unmarried couple and do not take into account informal agreements made during the deceased’s lifetime.

Claims Where There Is No Will

Contesting an estate where there is no Will can be difficult, particularly if the estate is large or complex. However, you may still be able to bring a claim if you have been wrongfully excluded or have not received reasonable financial provision.

The NJS Law team can advise you on your rights and guide you through the claims process with clarity and care.

How NJS Law Can Help

Our Contentious Probate Specialist Team at NJS Law has extensive experience handling inheritance and probate disputes, however complex they may be.

We are understanding, sympathetic, and committed to supporting you at every stage of the process.

If you would like to discuss your situation or need further information, please contact NJS Law by phone or email to arrange a free, no obligation consultation.

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Categories
Council House Disrepair

Is Your Council Landlord Ignoring Your Disrepair?

April 2022

If you live in a Council Property it is their responsibility to provide a safe, secure, and well-maintained home. Therefore, the Council or Local Authority must repair any reported issues they are legally responsible for, especially if the conditions are affecting your health.

If you have complained and your Council Landlord is ignoring you and has not fixed the issue in a reasonable timeframe, NJS Law can give you the help you deserve by ensuring the repairs are completed.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

Furthermore, depending on the disrepair, the timeframe, and the severity of your case, you may be entitled to compensation. Our expert team at NJS Law can talk you through the process if your individual claim meets the requirements.

Which repairs are the Council responsible for?

You will first need to check your Tenancy Agreement to get an idea of what duties they have as your landlord. But generally, it is their role to repair the following:

Damage to the interior and exterior structure of the home, for instance, the foundation, brickwork, walls, roof, guttering, and windows.
● Any leaks and causes of damp.
● Faults with your heating, radiators, gas, and electrics.

However, your Local Council can only make these repairs if you notify them of the problem. It is vital you keep a timeline of the disrepair, the correspondence between you and your landlord, and the ongoing impacts the disrepair has had on you- such as health issues, disruption to your day-to-day life, and impact on your mental health.

In addition, the costs of these repairs are their responsibility, meaning they are not allowed to pass any costs onto you. Unless you or your visitors have caused damage to the property, then it is your responsibility to arrange and pay for the repair.

Do I have a case?

If you have notified your Local Council and they are aware of the disrepair, but they have failed to act, you may be able to make a claim against them.

This is especially valid if they are slow to do the repair or have carried out an inspection but seemingly done nothing of action to rectify the disrepair. You can also make a claim if they have done the work to a low standard, and consequently, the issue is still ongoing.

Disrepairs like the ones mentioned above, impair the function of your home. You may not only feel inconvenienced but also unsafe. It can be a stressful situation to experience which is why our understanding team at NJS Law is here to help.

Next Steps…

Our Housing Disrepair Specialists have extensive experience with making claims against Councils and Local Authorities. They can ensure the crucial repairs are completed in the appropriate amount of time.

You may also be entitled to compensation if:

• The disrepair has caused you personal injury, from respiratory illness to physical harm.
• There is damage to your belongings.
• It has caused a significant inconvenience and/or emotional distress.

NJS Law operate on a No Win No Fee basis, so you have nothing to lose by contacting us today.

Contact NJS Law on 01625 667 166 or email disrepair@njslaw.co.uk

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For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.