The Judge Live: Your questions answered - part 1

Dec 7 2008 The Judge

Here are just some of the questions we've received into the Judge Live mailbox for today's online help session.

The estate agent I signed up with to sell my house demanded double the money when the first buyer pulled out and it had to be re marketed. Do I have to pay him?

The likelihood is yes,  but you should refer to the contract you signed with the estate agent for clarification. It is common for a contract to state that payment is due only upon conclusion of missives. But as the first buyer withdrew, he should be responsible for the costs. Pass the matter to his lawyer as part of your claim for damages in terms of the buyer's breach of contract.

  

I have been working for a firm for four years but do not have a contract. I have asked my boss for one but I'm getting nowhere. I also tried to claim out of pocket expenses as other employees do, but have been told I can't as I don't have a contract. What can I do?

You are entitled to a written contract within two months of your employment commencing and as the company has not provided this, you have the right to take the matter to an employment tribunal. The tribunal would also decide whether or you have a right to expenses.

  

I was appointed executor of my dad's estate when he died. A share of the estate was paid to the estate of my late brother, who had died two years previously. I have tried in vain to find out who received the cash. Surely I have a right to know?

It's unusual that you haven't been told what happened to your late brother's share of your dad's estate. You should write in your capacity as executor to the lawyer dealing with your dad's estate to ask for an explanation. Find out why they sent a cheque to your brother's solicitor knowing he had pre deceased your dad and what happened to that share.

  

I took out a secured loan on my home which ended in July. I now need to re mortgage but can't proceed until I pay the lender's lawyer for a discharge letter. I can't afford it. Must I pay?

I'm afraid, yes, as when a loan is secured on your home, the lender registers their security and it is noted on the title number for your house to ensure there is sufficient value to cover the amount of the lending. You can only remove this when the loan is paid in full by registering a discharge. The amount you pay depends on the value of the loan.

  

I took voluntary redundancy a month after the firm I'd worked for for 15 years changed hands. I never received any of my holiday entitlement or lying time. Can you tell me who is responsible?

Where an employee's contract is terminated and he still has leave to take, the employer must pay him in lieu. This has not happened in your case. However, when a business is sold, the new owner takes over its rights and liabilities. One of those responsibilities would be to pay you your lying time. I see no reason why your new boss should not pay for the holidays you're due and your lying time.

  

I am a council tenant living in a terraced house with a common close between myself and my owner occupier neighbours. The close gives me access to my back door and garden. The problem is, the neighbours say they own the close and are stopping me from using it. Surely this is against the law? What can I do?

You are entitled to a right of access over this area of ground to provide entry to and from your property. You cannot insist on anything beyond that and up until you purchase, you will remain a tenant of the council subject to your rights in terms of your tenancy.

  

I applied for a car loan but was rejected as I was not listed on the electoral roll, despite living at the same address for 15 years. It seems my name was deleted by mistake when my son reached voting age. What do I do?

Contact the electoral commission to have your name put back on the electoral register and copy the loan company in on your correspondence. You can get further information on how to do this at www.electoralcommission.org.uk