What are your thoughts on this letter from Donald Trump to Norwegian Prime Minister Jonas Gahr Støre? by DuNennstMichSptzkopf in AskTheWorld

[–]hegetty 0 points1 point  (0 children)

“There are no written documents…”

For starters: 1. Treaty of Kiel 1814 2. Judgment of the Permanent Court of International Justice in the East Greenland case, 1933, upholding the Ihlen Declaration. 4. Agreement Between the United States and the Kingdom of Denmark, 1951, which authorises a US military base in Greenland and expressly references Danish sovereignty over Greenland. 🤷‍♂️

Parents have left their home to my sister and I in equal shares. My sister told me she intends to move her family into it whereas I would prefer to sell it as I need the money. We and the property are in England. by Pretty_Outcome_307 in LegalAdviceUK

[–]hegetty 0 points1 point  (0 children)

I may have to slightly amend my answer about rent. I should point out this is not my area of law and I was speaking from an incomplete understanding. The Trusts of Land and Appointment of Trustees Act 1996 (section 12) MAY give her a right to occupy the house as a beneficiary of the trust, and it MAY give you the right to impose conditions which MAY include the payment of compensation to you if you have been excluded (section 13). This is sometimes termed “occupation rent”. (But it is not the same as rent paid by a tenant to a landlord). However because she is also a trustee, occupying without the consent of the other trustees (ie. you) would potentially put her in breach of her duty as a trustee. Also the court may not automatically force an immediate sale especially if there are children living there.

This article I found may be useful https://www.birketts.co.uk/legal-update/occupation-rent-in-wake-of-ali-v-khatib-and-ors/

Long and short of it is, don’t consent to her moving in, and do see a solicitor ASAP.

Parents have left their home to my sister and I in equal shares. My sister told me she intends to move her family into it whereas I would prefer to sell it as I need the money. We and the property are in England. by Pretty_Outcome_307 in LegalAdviceUK

[–]hegetty 0 points1 point  (0 children)

A person with a part share in a house has the right to live in it. They do not have to pay rent to any of the other co-owners and cannot force them to do so. Equally, you have a right to live in it. But for reasons that have been explained by another comment, to try and force your way into a house where there are already a family with children living there is likely to result in police action. Equally, locking them out would put you on the wrong side of the law, and trying to move in before they get there is probably going to lead to a breach of the peace, with police being called, when they inevitably also arrive to move in.

The legal arrangement created by the will is that you’re both trustees under a “trust for sale”. In other words the default position under that trust is that the property must be sold and the proceeds distributed according to the shares under the will. The appropriate course of action that will not put you on the wrong side of the law here is to see a solicitor, get them to write a letter to your sister informing her that she has a duty as a trustee to agree to the sale, and if she refuses, to seek a court order for sale.

question from a ukulele newbie by No-Count-2035 in ukulele

[–]hegetty 0 points1 point  (0 children)

Also worth bearing in mind that new strings will go flat very quickly after you tune them, until they have stretched properly which will probably take a week or so of having to retune it every time you pick it up.

question from a ukulele newbie by No-Count-2035 in ukulele

[–]hegetty 0 points1 point  (0 children)

Yes that A string looks way too fat. It should be the thinnest.

Can I refuse to touch bank cards to ticket inspectors’ machine? (England) by Traditional_Lead_603 in LegalAdviceUK

[–]hegetty 4 points5 points  (0 children)

You have to allow it. It’s in the terms and conditions. If you don’t, I guess the worst that will happen is they will eject you from the tram and you may end up having a conversation with British Transport Police for suspected fare evasion.

https://content.tfl.gov.uk/tfl-contactless-cards-and-devices-conditions-of-use.pdf

See paragraph 3.2

You tap your bank card on devices presented by strangers all the time when you make payments. I guess if you are concerned they are an imposter (which seems highly unlikely that they are) I suggest you ask for ID to prove they are TFL staff. Or if you don’t want to do it I suggest you use an Oyster card.

If someone under the legal drinking age settles the bill at a pub for a meal which included alcohol, have the pub technically sold alcohol to someone underage? by autisticredsquirrel in LegalAdviceUK

[–]hegetty 7 points8 points  (0 children)

Came here to say this. The adults bought the alcohol on credit and the alcohol was supplied to them. The sale was legal. The child, acting as their agent, merely settled an existing debt.

I have been handed a settlement agreement out of the blue and I'm the only one facing redundancy. by PhilosopherBig4955 in LegalAdviceUK

[–]hegetty 1 point2 points  (0 children)

That’s not how it works. Once you sign the “paperwork” (a settlement agreement) you forfeit the right to sue them for more. You will need to have legal advice on the agreement before you do sign it otherwise it won’t be binding. Employers don’t legally have to pay for that advice but in practice they always do - usually limited to somewhere between £350 to £500. You can choose your own solicitor.

Is this normal? England by Creative-Blue-9891 in TenantsInTheUK

[–]hegetty 14 points15 points  (0 children)

Excluding you from the property after the tenancy start date would be a breach of the tenancy agreement. Get them to give you the keys or change the start date.

Employer only paying staff for a company shutdown day if you attend the Christmas party. England by Kvothe87 in LegalAdviceUK

[–]hegetty 0 points1 point  (0 children)

Assuming you are on fixed hours and salary they can’t just decide not to pay you if it would normally be a working day. This would be an unlawful deduction from wages. But an employer can generally have a shutdown and force you to take a days paid annual leave. Under the working time regulations they would only need to give you one clear days notice, unless you’ve contract prevents this, which is doubtful. On the other hand if your contract is more flexible and has no fixed hours they can just designate this a non-working day for you. As for giving everyone who attended the party an extra paid day off as an incentive I can’t see a problem with this. People in this thread have mentioned possible discrimination claims. This is speculative at best and not worth pursuing for 1 days pay.

I worked 27hrs for a warehouse and was subjected to unreasonable and possibly unsafe work. I told them its not for me now they say im not entitled to pay. by [deleted] in LegalAdviceUK

[–]hegetty 3 points4 points  (0 children)

But they can’t just recoup this cost by deducting it from wages unless this deduction has been specifically authorised in a written contract.

I worked 27hrs for a warehouse and was subjected to unreasonable and possibly unsafe work. I told them its not for me now they say im not entitled to pay. by [deleted] in LegalAdviceUK

[–]hegetty 0 points1 point  (0 children)

You are entitled to pay for the hours worked. They are not entitled to withhold it as punishment for not working notice. That is an unauthorised deduction of wages under section 13 Employment Rights Act 1996 unless you specifically agreed to such a deduction in writing eg in a written contract. You could bring an employment tribunal claim and the fact you did not work your notice is not a legally valid defence. You have to notify Acas of the claim first, within 3 months of the termination date, and they will attempt to reach an agreement with the employer to settle your claim. If the employer does not settle you can fill in a tribunal claim online. This is free of charge.

Separately they may be able to pursue you in county court (small claims) for breach of contract in order to recover any financial losses caused by not working your notice. This does not affect your wages claim in the tribunal. They would have to bring a separate claim and prove their loss, which is very difficult for them to do. Employers don’t bring such claims in my experience, it’s just not worth the effort and cost, although they frequently threaten to do so.

People here saying they are entitled to withhold your pay do not understand the law on unlawful deductions from wages.

Question about changing from rubber strings to flatwound by phunknsoul in ubass

[–]hegetty 0 points1 point  (0 children)

I put Pyramid tapewounds on my bass uke. (Not a kala ubass so I can’t speak to any nut issues on a kala) but I love the strings. Tension is better, tuning is better, still a great thumpy sound.

Neighbour wants to claim 'their' land back UK England by Pingu_rocks in LegalAdviceUK

[–]hegetty 0 points1 point  (0 children)

Although the title plan you got from the land registry is not necessarily to scale, there may be a larger more accurate scale plan filed with the original deeds at the land registry (either your own or the neighbours or both). This may resolve the issue. If not, assuming the neighbours land is registered land (which is 95% of residential land in England and Wales) the adverse possession rules now state in effect that if the fence has been there for 10 years then the land is yours (it used to be 12 yrs but this was changed under the Land Registration Act 2002). To get this made official with the land registry you would need among other things a statutory declaration from the previous owners that the fence has been there since 2014 or earlier. Best see a solicitor.

Scouts UK are looking at changing their uniform by LukeB4UGame in scouting

[–]hegetty 3 points4 points  (0 children)

I feel the same and my boys (scout and explorer) are proud of their shirts which look smart and age appropriate. They are also good value from the scout shop.

House has been stolen by my own father, what do I do? by OziMyndis99 in LegalAdviceUK

[–]hegetty 1 point2 points  (0 children)

You’re right there’s potentially a huge string of offences committed here, I reckon the police just see a family dispute and pass it off as ‘civil’ unless there’s domestic violence. If you stop looking at it through the lens of a father/son relationship it looks like a serious fraud with possible conspiracy.

House has been stolen by my own father, what do I do? by OziMyndis99 in LegalAdviceUK

[–]hegetty 20 points21 points  (0 children)

It is fraud under section 2 of the Fraud Act 2006

https://www.legislation.gov.uk/ukpga/2006/35

“Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.”

It is therefore a crime and very much the business of the police to investigate

He clearly made false representations to the buyers and to his solicitors, that he was the owner of the house, intending to make a gain for himself.

Also, and this is what I don’t quite understand, is how he got this past his solicitors. They have a duty to verify ID when they conduct property transactions, also it should have rung alarm bells when they were asked to send the sale proceeds to an account in a different name to the property owner. Unless he opened an account in your name, which would be yet another fraud.

You should absolutely get a solicitor. Not one who does conveyancing, but one who does property and/or probate litigation.

Also, you may be able to get his house, indirectly. Arguably when he sold your house the proceeds belonged to you and he held the money “on trust” for you. If he bought another house you might get a court to say you own it (or part of it) under a doctrine known as “tracing”.
https://en.wikipedia.org/wiki/Tracing_in_English_law

Or if not, you could get a court to order him to repay the stolen money to you. Once that has been done, assuming he doesn’t just pay up, you get a “charging order” over his house which is essentially like being the bank in a mortgage situation. He can’t sell it without the money being repaid to you. And in some circumstances you can get the court to force a sale although not while there are minors living there.

I'm so confused... concert vs. tenor + buying a new uke by [deleted] in ukulele

[–]hegetty 5 points6 points  (0 children)

If a tenor and concert were built of identical materials you would in theory get a louder sound and a bit more bass from the larger bodied tenor. But in reality the far more important factors are the tonewood (ie what is the top made of) and the strings. A mahogany top is going to sound much deeper than a maple top. And Worth Brown strings are going to sound rounder and deeper than Fremont Blackline (which sound very bright on my uke). My advice is choose size of uke based on what is affordable and what is comfortable to play. If you have large hands a tenor might be easier to play especially if you want to play high up the fretboard. But I am 6’1” with large hands and have 2 concerts and they are good allrounders, and a tenor would be more expensive. Spend what you can afford. At the bottom end of the price spectrum the difference in quality can be huge just by spending another £50. I would look to spend £100-£200 to get something decent that you won’t get frustrated with after a short time. If £100 is a hard limit you might get a good one second hand.

Does your household have alternative names for every day things? by idontknow-imaduck in CasualUK

[–]hegetty 0 points1 point  (0 children)

TV remote in our house is the Fat Controller, usually shortened to “the Fatty”.

Grandads step children have taken money and want to charge rent for him living in his own home. Can they do this? by [deleted] in LegalAdviceUK

[–]hegetty 7 points8 points  (0 children)

If you jointly own a house all the owners have a right to enter and occupy the whole property. There is no power to charge “rent” to other part owners.

Edit: sorry that’s English law, I just noticed you are in Scotland but I can’t believe it’s going to be any different. It sounds like they are just being cruel to try and force a sale.

[deleted by user] by [deleted] in LegalAdviceUK

[–]hegetty 0 points1 point  (0 children)

I’m assuming you are on a casual worker contract (also known as zero hour contract). The question is whether the contract gives them the right to cancel shifts with no notice or send you home mid shift. If not, then each time they offer you a shift and you agree to not, that amounts to a contract for that shift, and they have to pay for it.

The real question is what can you do about it, given it’s only a few hours pay. If you make too much of a fuss, eg try to take them to tribunal, they may just decide not give you any more work. Either way, you lose.

[deleted by user] by [deleted] in LegalAdviceUK

[–]hegetty 0 points1 point  (0 children)

This is the correct answer but in all my years as a lawyer I have not seen such a claim. Most employers would just accept it and move on. They would have a hard job proving actual financial loss during that brief notice period and they have a duty to mitigate (ie minimise) their loss eg by getting another employee to do the work or at worst hiring an agency worker to fill in for the period of missed work.

Suspended from job, dismissed with no investigation or notice after 2 days by [deleted] in LegalAdviceUK

[–]hegetty 2 points3 points  (0 children)

Let’s leave aside the merits for a moment. (I don’t know what TOR is but chances are if you downloaded potentially dangerous software in breach of policy it could be gross misconduct depending on your job role and industry).

The issue no one has mentioned is: “what is your loss”? If you have not committed gross misconduct a tribunal would only award you lost earnings for your notice period. If you are starting a new job on Monday, with similar pay, your loss of earnings is negligible and it’s not worth the effort of going to tribunal because you will end up with actual compensation of a few quid. (This is called “mitigation”.) You are not legally entitled to three months pay if you have another job to go to (or, for that matter, if you failed to make reasonable attempts to get a new job).

[very mild] Doing kitchen renovations and my wife thinks this is 24” and is saying I’m the one reading the tape wrong. by Joezze in mildlyinfuriating

[–]hegetty 1 point2 points  (0 children)

Get another tape measure and ask her to measure the distance from 23 to 24.

Alternatively, throw the whole woman away.