Library Archives - Page 8 of 36 - Palmers Solicitors
Twitter X
Palmers Solicitors

Library

What are your rights when a tradesperson fails to deliver?

What are your rights when a tradesperson fails to deliver?

Home improvements can be an exciting time, but when a tradesperson’s work does not meet your expectations, frustration can quickly follow.

Whether the job was done poorly, overcharged, unfinished or unsafe, it is important to know your rights.

Our Head of Construction and Engineering Law Department, Adam Davis, offers his legal tips on how to take action.

How can I protect my rights?

In the UK, your rights as a homeowner are protected under the Consumer Rights Act 2015 and the Supply of Goods and Services Act 1982.

These laws state that any tradesperson you hire must carry out work with reasonable care and skill, supply materials fit for purpose and install any goods correctly.

If they fail to meet these standards, they have breached their legal requirements and you are entitled to a solution.

You can request that the work be redone or fixed at no extra cost, or you could be entitled to the cost of rectifying any defects if the tradesperson does not do so, or a potential refund in part.

What are the common problems when dealing tradespeople?

Problems with tradespeople can range from poor workmanship, delays to unsafe or unfinished work.

Some of the most common incidents may include:

  • Delays in completing the work
  • Defects in the works
  • Incorrect materials used
  • Increased unforeseen costs
  • Projects left uncompleted or in a state of disrepair

In such circumstances you have a right to have the problem fixed by the tradesperson if they are willing or if you wish them to do so, or claim damages from the tradesperson in having the issues fixed/ rectified.

What are the next steps if this happens to me?

If you are unhappy with the work, it is important to gather relevant paperwork such as quotes, contracts, receipts and any written correspondence.

Begin with contacting the tradesperson or company that arranged the work explaining the situation clearly and referencing your rights.

Give them a fair deadline to make repairs and follow up in writing on what you expect them to do.

If a resolution cannot be found then, you may have to resort to looking to bring a claim against the tradesperson.

This process may feel intimidating, but we can help you understand your rights and ensure you receive the fair treatment and quality workmanship you are entitled to.

How best to avoid this from happening to me?

The best way to seek to avoid disputes is to have a formal contract in place between you and the tradesperson, which clearly sets out the obligations and rights of each party.

Although it may not eliminate disputes entirely, it can help reduce the likelihood of them and offer you peace of mind when dealing with home improvements.

For further advice on protecting your homeowners’ rights, contact our Construction and Engineering Law team for expert advice.

Pulled over after a party? Know your rights in a drink driving stop

Pulled over after a party? Know your rights in a drink driving stop

The festive season is a time for celebration, but it also brings a sharp rise in drink driving incidents.

Every year, police forces across the UK increase roadside checks and December accounted for 18 per cent of the total breath tests in 2023.

With more people on the roads after office parties and family gatherings, it is important to know your legal rights if you are stopped or charged for drink-driving.

Our Road Traffic law expert, Jeremy Sirrell investigates.

What is the legal limit and offences?

In England, Wales and Northern Ireland it is illegal to drive a motor vehicle with more than 80 milligrams of alcohol per 100 millilitres of blood or 35 micrograms per 100 millilitres of breath.

A conviction can result in a minimum 12-month driving ban, an unlimited fine or even imprisonment in some serious cases.

What happens if you are stopped by the police?

Police can stop any vehicle at their discretion and if they suspect you have been drinking, they can request a roadside breath test.

Failing or refusing the test without a reasonable excuse, such as a medical condition, is a separate offence and can likely result in arrest.

If you fail the roadside test, you will taken to a police station for a more accurate evidential breath, blood and urine test, where the lower of the readings will determine if you are charged.

What are your rights at the police station?

Once you are detained, it is crucial to know that although you have the right to remain silent when being interviewed, doing so when being asked to provide a sample may amount to refusal to provide a specimen.

Equally, the Police and Criminal Evidence Act requires the police to offer you access to legal advice or contact a family member whilst you are in custody, but such rights do not allow you to delay the procedure whilst accessing them.

However, driving prosecutions can fail if evidence is mishandled due to incorrect breathalyser readings, faulty equipment, incomplete or missing records or a lack of clear evidence that you were driving the vehicle.

Our specialist solicitors can carefully examine the prosecution’s evidence to uncover any procedural mistakes or weaknesses in the case.

We assess that blood, breath or urine tests were carried out with full consent, accuracy and reliability, as any errors could make it inadmissible in court.

Are there any mitigating factors against my sentence?

Even if you are convicted, the court can consider mitigating factors when deciding your sentence. These can include:

  • Having no previous convictions
  • Demonstrating genuine remorse
  • Driving is an element of your job and could result in a loss of earnings
  • Medical or emergency reasons for driving

You may also be offered a Drink Drive Rehabilitation Course (DDRC), which can reduce the length of your ban by up to 25 per cent.

How to seek help in the holidays?

During the holidays, remember that even the smallest amounts of alcohol, including in food or festive desserts, can affect breathalyser results.

By understanding the factors and procedures in these situations, you can be prepared for these situations and the process.

Our professional team can guide you in making sure your rights are protected and your case is managed fairly, allowing you to celebrate your Christmas safely.

If you want advice on how to handle roadside checks, contact our expert Road Traffic team for guidance.

Why are more people depending on inheritance for their future?

Why are more people depending on inheritance for their future?

As one in three UK adults relies on future inheritance to stay financially dependent and out of debt, it is crucial to plan for your future finances.

However, with rising probate delays, family disputes and complex intestacy rules, fears could arise that your inheritance could arrive later than expected or not at all.

Our Private Client Associate Solicitor, Louise Welch, explains the importance of carefully planning your Will.

Why are probate delays and disputes rising?

According to figures from the Ministry of Justice, probate disputes reaching court have increased by 37 per cent in the past decade.

With cases taking longer than a year to settle, administrative backlogs and rising contention over Wills mean that families are waiting longer for funds.

Level’s Group’s recent report in 2025 highlights that more than half of UK adults expect to receive an inheritance in the next 20 years and 38 per cent are willing to contest a Will if they feel unfairly treated.

With emotions and finances intertwined, careful estate planning has never been more important and we can help support you.

What are the causes of probate delays?

There are several factors that can contribute to long probate timelines, which could be as simple as a lack of a valid or up-to-date will.

This could result in legal scrutiny and months of correction, so it is important to make sure all paperwork is complete and your financial records are safely organised.

If your Will is more complex and includes estates, such as foreign assets or business interests, you can consult our legal advice on how different legal systems and tax implications will affect these.

What is the cost of dying without a will?

One of the biggest risks families face is when a member dies without a valid Will and assets are distributed under a strict legal hierarchy.

These may not reflect your personal wishes and can leave unmarried partners, stepchildren and close friends excluded entirely and financially vulnerable.

It is important to make sure your family are protected in your Will and to avoid legal disputes that can cost time and money, we can help you keep your affairs in order.

How can you protect your estate?

Proactive estate planning can help reduce stress for your loved ones and carry out your wishes efficiently.

Our team can help you create a clear and comprehensive Will that is legally sound, as well as helping you keep it updated.

Reviewing your Will after major life events, such as the birth of children, is essential and it is important to know that if you do get married, your existing Will becomes void.

Unless you have a Will in contemplation of your marriage, updating your Will helps avoid your estate being distributed according to the Government’s rules of intestacy if you die.

Speaking clearly to your family and friends about your wishes can prevent disputes and if you feel unsure, seek our professional advice.

Why should you secure your life?

Estate planning is for anyone who wishes to protect what they have built and who they care for in their life.

With Inheritance Tax changes approaching, now is the time to take action and we are here to help.

The right plan can protect your wealth, minimise tax and give you peace of mind that your family and friends will be supported with the pain of probate delays.

If you seek support in establishing your Will and ensuring that your estate planning is clear, reach out to our team for guidance.

How is the law failing families with cohabitation agreements?

How is the law failing families with cohabitation agreements?

As relationships evolve, more couples are choosing to live together and cohabitate over marriage.

The social shift of cohabitating relationships is becoming more mainstream, yet laws still treat marriage as the gold standard.

When marriage and civil partnership rates have dropped, is it time for family law to start to reflect modern relationships?

Our Family Lae expert, Karen Bishop, investigates.

Why is family law calling for a change?

According to a report by the Office for National Statistics (ONS), 49.5 per cent of people aged 16 and over were married or in a civil partnership in 2024, which has dropped from 51.5 per cent in the last decade.

Family law experts and organisations have been urging for reform to reflect how people actually live today.

The Law Commission first proposed an opt-out cohabitation scheme in 2007, but successive governments have failed to act.

With a long-awaited step to fairness, the Government announced plans, following the 2024 manifesto pledge, to consult on cohabitation reform.

What are your rights if you cohabitate?

Despite the fall in legal unions, most adults still live together as part of a couple.

In 2024, the ONS estimated that 60.5 per cent of adults were living with a partner, whether that was married, in a civil partnership or cohabiting.

Cohabitation was once seen as the step before marriage but now it has become the norm.

This social shift has left a growing number of people exposed to legal vulnerability.

With common law marriage not existing in England or Wales, couples who live together have no automatic rights if they separate or one partner dies.

Without legal recognition, a partner who hasn’t contributed financially to property or assets may be left without a home or financial support.

How can reform reflect modern living?

With cohabitation rapidly growing more popular, the government is exploring ways to give unmarried couples fairer rights and financial protection.

Some potential reforms could include:

  • An op-out cohabitation scheme that would grant cohabiting couples certain legal rights by default.
  • Fairer property division laws that recognise both financial and non-financial contributions.
  • Financial support after separation that could prevent financial strain on the lower-earning or non-earning partner.

Protecting cohabitating couples ensures that all families, regardless of marital status, are treated with fairness and dignity.

The Government consultation offers an opportunity to modernise family law for a society where commitment takes any form.

We can help guide you on the current legal gaps and ensure that you understand your legal rights.

If you need advice on your legal protection as a cohabitating couple, contact our team for help.

Essex solicitor warns of new legal challenges for landlords

Essex solicitor warns of new legal challenges for landlords

The end of Section 21 evictions marks a turning point for England’s rental market, with tenants gaining stronger protections and landlords facing tighter rules under the new Renters’ Rights Bill.

Solicitor Alex Newbold, from Palmers Solicitors, says the abolition of so-called “no-fault” evictions will transform landlord-tenant relationships both legally and practically.

“Tenants will now have far greater security in their homes,” he explains. “Since landlords must rely on Section 8 Notices to end a tenancy, which require specific grounds, we can expect longer and more stable tenancies.”

He believes the balance of power in the rental sector has shifted.

“The changes give tenants more confidence to challenge poor practices. Landlords now have to focus on providing a compliant service to tenants rather than simply allowing occupation of their premises in return for rent.”

Alex predicts a rise in legal challenges following the removal of Section 21.

“We’re likely to see more contested hearings,” he says. “The new grounds for possession, such as selling a property, are not yet clear and early court decisions will be vital in setting the standard of evidence.”

He also expects more appeals over rent increases. “Since tribunals won’t backdate rent to the date of notice, tenants will be more willing to dispute rises. Each party usually bears their own costs at tribunal, which makes it a low-risk route for tenants.”

A new Landlord Ombudsman will handle complaints and make binding decisions outside court.

“The Ombudsman has the potential to reduce backlogs and speed up dispute resolution,” Alex says.

“However, there’s a real risk it could become overburdened if too many matters are redirected from the courts.

“I think clear boundaries will be needed, because if the roles of the courts and the ombudsman overlap, we could see duplicate complaints and even conflicting outcomes.”

The Decent Homes Standard and Awaab’s Law will require faster and more proactive maintenance to tackle hazards such as damp and mould.

“Landlords should review how they inspect and repair their properties now, not later,” Alex advises.

“Detailed record keeping, clear and documented communication with tenants, with a clear process for handling complaints and repairs and having reliable contractors ready to handle urgent issues will be crucial for compliance with the new standards.”

He adds that landlords should prepare for higher maintenance costs and possible penalties for non-compliance.

Discrimination against tenants with children or those on benefits is also now banned under the Renters’ Rights Act.

“Landlords are required to assess all applicants fairly. They can still carry out affordability and reference checks, but blanket bans are no longer allowed.

“The new legislation also prevents landlords or their agents from asking for, encouraging or accepting offers over the advertised rental price. A fixed, realistic asking rent will need to be advertised and landlords will need to ensure they do not encourage or accept offers over this fixed rent.”

Complaints are expected to rise as both landlords and tenants adjust to the new rules.

“There’s likely to be an increase in early challenges while people test how far the new protections go,” he adds.

Once the legislation takes effect, all tenancies will automatically become periodic.

“Clauses that conflict with the new law, such as those on break clauses or notices, will no longer apply,” Alex explains.

“Landlords will need to provide tenants with updated written information, if the original agreement was verbal.”

For new tenancies, written agreements will be mandatory and must include any specific clauses set out by law.

Although the Bill has passed, details about when each change takes effect remain uncertain.

“We are still awaiting the implementation plans for the act which should provide a clearer timeline as to when each change will come into force.

“It is expected that some changes will come in immediately, whilst others will come in further down the line to allow the sector to prepare.

“There is also some ambiguity in respect of the new section 8 grounds, like moving into the property or selling it, as to what the evidential burden to prove these grounds will be.

“It may be the case that further clarification is provided or that this will be addressed through case law early on in the implementation.”

Alex believes further reform is unlikely in the short term.

“The focus will now be on implementing these changes properly and giving the sector time to adjust.”

Palmers Solicitors provides legal advice for both landlords and tenants from its offices in Chelmsford, Basildon, Rayleigh, South Woodham Ferrers and Thurrock.

For further information about the firms’ services, please contact us.

Palmers Solicitors lights the way for Rayleigh’s Christmas celebrations

Palmers Solicitors lights the way for Rayleigh’s Christmas celebrations

We are once again sponsoring the Rayleigh Christmas Lights Switch-On, bringing festive cheer to the town on 27 November.

Rayleigh Town Council organises the event every year with support from local businesses and community groups.

Festivities are set to begin at 4pm with music, activities and family entertainment along the high street.

In keeping with the spirit of giving, we will also be raising funds for its charity of the year, the Polly Parrot Children’s Appeal.

Visitors are encouraged to stop by our stand to meet some of the team and make a donation, with all proceeds going to the charity.

Gina Newman, Chief Operations Officer at Palmers Solicitors, said: “We’ve sponsored this event for several years now and it’s always a lovely way to kick off the Christmas season.

“The turnout from the community is fantastic and the atmosphere never disappoints. It’s great to see families and local businesses come together to celebrate and enjoy the festivities.”

She added: “We’re proud to support the Polly Parrot Children’s Appeal this year. It’s a cause that means a lot to our team and we hope to help make Christmas a bit brighter for children and their families spending time in hospital this holiday season.”

The lights will be switched on at 6:30pm, following a live performance from local singer Joe Palmer.

We hope to see you there.