PROTECTING YOURSELF FROM PROPERTY FRAUD

Nowadays we are constantly warned about identity fraud and how to avoid it but how about Property fraud.  You may say I don't think this is very likely after all the deeds of the property are in my name so how could this happen.

Your property is probably the most valuable asset you own. That's why it's important you do whatever you can to protect it from the risk of fraud.

A clever fraudsters will often target people who own properties where there is no mortgage or the owner lives elsewhere. They will  attempt to acquire ownership of a property either by using  forged documents to transfer the property into their own name, or by impersonating the registered owner.

Obviously if you are living in your home then you have greater control, but a fraudster is clever and usually only targets the vunerable.  When reading this you need to consider whether you come under the category of one of the groups who would be considered to be vulnerable to the possibility of property fraud

• has your relationship broken down
• Is your property  empty or has been bought to let
• Are you spending time abroad or are absent
• Are you becoming infirm or are you or a member of your family in a  nursing or care home
• Is your property mortgage free

There are things you can do to protect yourself

You can ensure that keep the name and address of the owner of the property up to date.  This is simply done by clicking on http://www.landregistry.gov.uk/__data/assets/pdf_file/0018/2574/updating_contact_form.pdf
and sending the completed form to :-

Freepost RSUY-SSUU-EJRX

Land Registry

Gloucester Office

COA Team

Twyver House

Bruton Way

Gloucester

GL1 1DQ


If your property is not registered and 20% of all properties owned in England and Wales are still not registered then  you may have a bundle of deeds. These form the documents of title. If the land/property is mortgaged, your lender will normally hold these deeds as security for their loan, however some people do choose to keep these documents in their home.  To avoid someone taking them and using them fraudently REGISTER YOUR PROPERTY IMMEDIATELY for full details of how to do this go to http://www.landregistry.gov.uk/public/faqs/how-do-i-register-my-property 


If you do not live at the property enter a RQ Restriction at the Land Registry   There is no charge for entering this restrict and you get a little more peace of mind.  So just fill in the appropriate form that can be found at http://www.landregistry.gov.uk/_media/downloads/forms/RQ.pdf    and send it to:-

Land Registry Birkenhead Office Rosebrae Court Woodside Ferry Approach Birkenhead Merseyside CH41 6DU

Owner occupiers who do live at their premises can also  request a restriction using  form RX1.  The Land Registry have created a special restriction for those who believe they may be at risk. This Form LL restriction makes sure that the Land Registry will not register a sale or a mortgage, unless a solicitor or other conveyancer has certified that the person who has signed the deed is the registered owner.    This is likely to  prevent a fraudster forging a signature. There is a £50 fee for this service and the wording of a restriction is very important and should read as follows:-

"No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that the conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor"

We think that £50.00 for peace of mind is a very small price to pay.

For fuller details of how your can prevent property fraud go to http://www.landregistry.gov.uk/public/property-fraud

THIS ARTICLE IS FOR INFORMATION PURPOSES ONLY
 

VALUING PROPERTY OF A PERSON WHO DIES INTESTATE


If you are the Administrator of a person who had died intestate you may find yourself position of having to value the assets of that person.

Assets are anything that has a value, such as:

• money in the bank, building society or savings accounts
• houses and land, including farmland
• investments such as stocks and shares
• businesses, or business assets, owned by the deceased to include a business partnership of which they were a member
• personal belongings to include jewellery, antiques and other collectibles
• any furniture, fixtures and fittings in a house
• any motor vehicles
• any pensions that include a lump sum payment on death
• payouts from life insurance policies
• foreign assets held abroad including foreign bank accounts, property or shares

You also need to consider the value of assets held jointly by the deceased.  In the case of joint property you will need to obtain the market value of the property from an estate agent.

You must remember that if the value of the property comes to in excess of £325,000 it is likely that you as the administrator of the estate will have to deal with the payment of inheritance tax.

FOR MORE INFORMATION PLEASE CONTACT US AT enquiries@affordablelawforyou.co.uk

THIS ARTICLE IS FOR INFORMATION PURPOSES ONLY

ARE YOU BEING BULLIED AT WORK

We have recently been approached by two clients who are being bullied at work and as a result find themselves under increasing stress levels.

What can you do if you are being bullied at work, well here are a few tips.

1.  Keep a detailed diary of various incidents, what was said, the manner in which it was said and the circumstances in which it was said.

2.  Keep copies of any e-mails or any written evidence of the bullying.

3.  Has there been a culture of bullying in the workplace?  If other members of staff have left as a result of incidents of bullying, try to obtain their details as they may be willing to act as witnesses on your behalf.

4.  Is there anyone who has seen or evidenced the actS of bullying, if so, they may (though it is rare) be willing to act as a witness for you so at least ask.

5.  If the behaviour of your employers is causing your stress levels to raise to untenable levels then you must attend upon your GP and inform them.

6.  Does your firm have a grievance policy?  If it does then follow this precisely however, when putting your grievance in writing do have it checked by someone.  It would be preferable to have it checked by someone unconnected with your workplace.   It really is worth paying a reasonable fee to a lawyer who can review your comments with a view to any possible future claim.    If your grievance policy is not worded well this can work against you at a later date.

7.  Unfortunately anyone in this situation will become distressed and sometimes the most pragmatic of people cannot see situations clearly and may make unsubstantiated allegations which at a later may be the undoing of a reasonable claim.  SO HAVE THE CONTENTS OF YOUR GRIEVANCE POLICY CHECKED BEFORE YOU SUBMIT IT TO YOUR EMPLOYERS.

8.  If your employer states that they want a meeting with you, then if you belong to a Union ask for a representative to attend with you. If you do not belong to a Union confirm that you are willing to attend a meeting but you wish to bring a friend to take notes of the meeting.  There are times when you may not feel confident in your Union Representative, in which case only you can make the decision of whether you want them in attendance, BUT DO TAKE SOMEONE TO THE MEETING WITH YOU.

9.  If you cannot take a friend then ask if you can tape the meeting or alternatively make a full note of the meeting, this will be time consuming obviously as you will have to make a note of each question asked of you and then note your response, but, it is important that you obtain this record.

10.  If you are handed any documentation and asked to comment on it, request a copy of such documentation for your records.

REMEMBER IF YOU ARE SUMMARILY DISMISSED YOU ONLY HAVE THREE MONTHS FROM THE DATE OF DISMISSAL IN WHICH TO SUBMIT A CLAIM TO THE EMPLOYMENT TRIBUNAL.


THIS ARTICLE IS FOR INFORMATION PURPOSES ONLY

THE UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999 APPLIES TO TENANCIES

The above mentioned regulations apply to unfair terms in contracts between a seller or supplier and a consumer

A standard term (that is one that has not been individually negotiated) in such a contract will be regarded as unfair "if, contrary to the requirements of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer".

In the case of R (on the application of Khatun) v Newham London Borough Council [2005] EWCA Civ 55; [2005] QB 37. A local authority's policy required homeless people to accept or decline accommodation offered under Housing Act 1996 section 193(2) without being able to view the property in advance.

One aspect of the hearing that the  Court considered was whether expecting homeless people to accept or decline accommodation offered without being able to view such accommodation  in advance was considered to breach of The Unfair Terms in Consumer Contracts Regulations 1999


3 questions were considered:

Did the Unfair Terms in Consumer Contracts Regulations 1999 apply to contracts relating to land (i.e. contracts for the disposal of an interest in or rights of occupation over land)?

Did the Unfair Terms in Consumer Contracts Regulations 1999 apply to public authorities such as the council in this case?

Was the council a "seller or supplier" and were the claimants "consumers" within the meaning of the Regulations?


The Court of Appeal decided that the  Unfair Terms in Consumer Contracts Regulations 1999 did apply to contracts relating to land.

It decided that the main point of the Unfair Terms in Consumer Contracts Regulations 1999 was to provide a high level of consumer protection.

As the purchase or lease of a home was a key event in peoples’ lives, it was expected that purchases and leases would fall within the scope of the  Unfair Terms in Consumer Contracts Regulations 1999

The court  also decided that the  Unfair Terms in Consumer Contracts Regulations 1999 did apply to public authorities such as councils, and that the council was a "seller or supplier" and the tenants were "consumers"  under the Unfair Terms in Consumer Contracts Regulations 1999.

Therefore the homeless people offered property without being able to view it prior to accepting or declining were subject to a significant imbalance in the parties’ rights and obligations to the detriment of them as  consumers,


 .

CAN A LANDLORD VARY A LEASE JUST BY SERVING A NOTICE OF VARIATION UPON THEIR TENANT,

The answer is likely to be NO.

Under the Unfair Terms in Consumer Contracts Regulations 1999 a landlord may be not be able to  vary a  tenancy just by giving his/her tenant notice.  A Landord's best course of action would be to  attempt to agree a variation with their tenant. If the tenancy is a long tenancy, a Landlord may wish to consider whether he/she can apply for a variation under Part IV of the Landlord and Tenant Act 1987.  Detailed advice in respect of these provisions may need to be obtained.