Landlord and Tenant Law – The Importance of A Written Tenancy Agreement

Does a Tenancy Have to Be in Writing? Under the Law of Property Act 1925 and the Law of Property (Miscellaneous Provision) Act 1989 any contract for the creation of an interest in land is invalid and unenforceable unless it is do so in writing. Interest in land would include mortgages, sales and transfers, charges or leases. The exception to this rule is that an oral lease may be created so long as it is;

* For the best rent reasonably obtainable (i.e. a market rent) * For a period of less than 3 years

This means that a tenancy can generally be created by verbal a agreement, although this isn’t advisable as verbal contracts would be difficult to prove and if the relationship between the landlord and the tenant breaks down, an expensive court proceeding may be have to take place in the absence of clear and unambiguous terms. This is why a written tenancy agreement is therefore in the best interests of both the landlord and the tenant.

Written Statement of Terms At the moment every residential tenancy is presumed to be an Assured Shorthold Tenancy unless there is an agreement that states otherwise. Tenancies of this type are subject to special rules.

When there is no written tenancy agreement, section 20A of the Housing Act 1988 provides that the tenant is entitled to be provided on demand with a written statement setting out the following terms of the tenancy:

* Term or length of the tenancy

* Date on which the tenancy commenced

* Dates on which rent is payable

* The rent due under the tenancy

The landlord is required by law to provide this statement within 28 days of receiving written notice from the tenant. Any failure to comply with the requirements of this act wil be classed as a criminal offence and if a landlord fails provide the requested statement within 28 days, they may be convicted and fined up to 2,500.

What Should I Put In The Tenancy Agreement? The information on dates and rent payments that landlords are obliged to provide the tenant under the Housing Act, a tenancy agreement will usually include provisions which relate to the following:

* Details of additional bills & service charges

* Inspections

* Procedure for ending the tenancy and resolving disputes

* Procedure for varying the rent

* Responsibility for maintenance

* Restrictions on the use of the property

In all tenancies, the tenant will have a number of basic rights which cannot be taken away or restricted, and any provision of the tenancy agreement which attempts to do so will become invalid. Where one provision or term of a contract such as a tenancy is found to be invalid, other provisions which refer or relate to that term may be unenforceable. Because of this, care should be taken when drafting a tenancy agreement and you may want to consult a professional.

If you own several properties which you rent out, it may be more cost-effective for you to ask a lawyer to draft you a standard-form tenancy agreement which you can customise for each individual property rather than consulting a solicitor for each individual tenancy.

I Have Been Falsely Accused of Sexual Assault

False accusations of sexual assault can haunt you for the rest of your life. Penalties for conviction vary wildly from case to case, as these charges can be extremely complex and difficult to work through. An experienced criminal lawyer can help you thoroughly understand these charges, and build the strongest possible defense for your situation.

Especially in today’s climate, when sexual assault on campus is in all the headlines, being charged with rape can come as a complete shock to many people. With all the grey areas in the areas of adult sexual relations, as well as the intricacies of consent and capacity, the accused may not even understand they may have committed a crime. On the other hand, however, the accuser may have made a terrible or malicious mistake.

How Can I Defend Myself?
If you’re charged with sexual assault or rape, it’s imperative you consult with sexual assault lawyers immediately. Try not to give any statements without a lawyer present. Being proactive is always the key to a strong defense. Although there are no accurate statistics on false rape accusations across the country, your attorneys understand the many ways a false charge could happen:

Innocence. Simply enough, you’re innocent and can prove it with an alibi. Your attorney can help you collect all credible evidence to show this — you were not there at the time, witness statements, documents like credit card receipts, etc.
Mental incapacity. In some cases, a defendant may not understand what they did was wrong or against the law. Due to a mental challenge or deficit, they had no understanding that unwanted sexual contact is prohibited by law. Some courts may show more leniency in these situations.
Consent. The issue of consent is difficult and complex. With sexual assault, the prosecution must prove the alleged victim didn’t give consent. Perhaps you did have sexual relations, but believed the accuser gave consent. What happens now? Sometimes the issue of consent is almost impossible to prove, but if your experienced criminal lawyer can show that you made a concerted and reasonable effort to ensure the accuser gave consent, the court can look favorably on this.
Mistaken identity. Again, you may not have committed any crime at all. With a case of mistaken identity, an arrest for sexual assault can traumatize you for the rest of your life. Your attorney will work with you to determine your alibi, locate witnesses and, if necessary, perform DNA testing to prove your innocence.

Your Best Defense is a Good Offense
Even if you believe any accusation against you is false, consult with qualified sexual assault lawyers as soon as possible. Your legal team is on your side, even when it might feel like the world is against you. They work with you to identify all the facts, establish the truth, and present a vigorous defense both in and out of the courtroom. With your reputation and freedom at stake, start your legal strategy as soon as possible.

Signing A Non-Disclosure Agreement With A Patent Attorney

Clients mostly persuade their patent attorney to sign a non disclosure agreement. Patent attorney appointed for the purpose of patenting is not required to sign the non disclosure agreement on request of the inventor. But various lawyers obtain money from the inventors in order to sign a non disclosure agreement (NDA). This practice is followed so that the inventor questions about the procedure of the invention patenting from the patent attorney. These types of agreements are beneficial to the inventors however the patent attorney acts as a signing authority and has to pay for this process. Therefore, considering the ethical rights this practice has been excluded. If the non disclosure agreement (NDA) is being decided and signed in any case, it is advised for both the patent attorney and the inventor to consult a counsel for the same. This is a little unusual as the patent attorney who represents his/her client has to further consult his/her attorney in order to get advised whether to sign the non-disclosure agreement or not. This is why such an option is not considered by various inventors and patent attorneys who work for patenting the innovation.

Until and unless the idea and information regarding the innovation are discussed with the patent attorney by the inventor, the non disclosure agreement (NDA) cannot be signed as the patent attorney is liable to provide confidentiality to the information given by the inventor. A patent attorney has to abide by various federal rules which are imposed so that the information of the inventor or the client is always kept confidential. In such scenarios an inventor gets confused as in how to get a non disclosure agreement (NDA) signed without disclosing his/her original idea to the lawyer. What best could be done here is that inventor gets the non disclosure agreement (NDA) drafted by a lawyer first and then submit it to the patent attorney for signature and then get started with the client-attorney involvement.

But, this could prove difficult as a lot of money from the inventors end would be spent. There shouldn’t be any discrepancy of interests of the current or past clients while the patent attorney represents the current inventor. This can also create some issues for the patent attorney until the patent attorney is well versed with the client needs and requirements. Disclosing fundamental information pertaining to the invention with the patent attorney which might not necessarily include all the information about the invention can ensure inventors about the faster and successful patenting process and signing of the non disclosure agreement (NDA). However, for some patent attorneys such basic information could not be sufficient enough.

Therefore, clients and inventors do trust some patent attorneys and reply upon them in such scenarios as they would not use the innovative idea for illegal and unlawful use as the patent attorney is not into such competition as is the client himself.

Reasons to Update Your Will

A will is a legally binding contract that is widely considered one of the most important documents you will ever sign. The majority of parents with children actually do not have a will and without one you will not be able to allocate your children any benefits. The general consensus is that after death the eldest family member will have control of your estate, however the reality is this will be decided in court and a judge will end up with the final say. Here are three fantastic reasons to update your will.

Relationships

Over the years you may have developed new relationships with people and organisations, such as finding a new partner or becoming a member of a charity or church. You may want to adjust your will to eliminate any old relationships so that they will no longer receive your benefits upon death. Newborns can be listed as beneficiaries and children who have reached adolescents can be listed as executors.

Income and Assets

You may have listed your car, estate or business in your will and these assets may have changed. Even if you have not sold any of these assets, the value has still changed, for instance your car depreciates and your business grows in revenue. As such the insured amount listed on your will is going to be different and a lot of complications can arise when dealing with these matters after death.

Residency

The location where you created your will is governed by state laws. If you have changed location since then, you will need to consult an attorney to find the legitimacy of your will. State laws can be very different from each other and have different qualifying requirements.

The Law

Laws change all the time and you will want to keep up to date with any legislation affecting your will. The best way is to visit an attorney of the state who can help to validate your will for you and inform you of any changes in law.

Yearly Checklist

The best way to keep up to date is to simply have a yearly check up. Law firms specialising in estate battles can review your will and can work with you to successfully create your ideal will. At the end of the financial year is when most changes take place and is the best time to review your estate, assets, income, superannuation and all other elements that fall into your will.

List down a checklist and consider the following 10 points: children, marriage/separation, death of beneficiaries, location changes, circumstantial changes, state laws, taxation law, time since last review, new business and income increase/decrease.

Your will dictates where your assets will go after death and without one a judge will decide for you. This includes ownership of children under the matured age. If you would like to know more or if you are ready to take another look at your will then jump online and search for a law firm that specialises in estate battles.

Physicians Pay Out For Holding Up Finding Of Prostate Cancer In Two African-American Men

In what follows we consider two cases that provide insight into the value of testing men for prostate cancer. While there has been some discussion of late about the value of testing men for prostate cancer (in particular concerning the PSA test) certain facts remain undisputable. First, prostate cancer affects PSA levels. Second, men of African-American descent have a greater likelihood of having prostate cancer prior to metastasis. Third, if prostate cancer is diagnosed early, the man has in excess of a ninety seven percent likelihood of surviving past five years. Further, when it is not identified until after it has reached an advanced stage, there is currently no known cure. Fifth, normally doctors hold the view that at the minimum a doctor ought to have a conversation with men of a specific age about screening for prostate cancer and that conversation and any testing ought to happen at an earlier age for African-American men.

In one malpractice matter, a man of African-American heritage routinely saw his family doctor. Over time, the physician treated the man for a number of medical concerns. Most notably were prostate related ailments. Yet, the doctor did not properly carry out testing during the time the man was without symptoms or diagnostic testing to rule out the possibility of prostate cancer during the times the man had prostate related probles. When the man was 57, he read an article which described the benefits of screening and asked the doctor to test him. At the time he was diagnosed with prostate cancer which had already spread. The law firm that represented the plaintiff reported the matter was settled for three quarter of a million dollars.

Consider the next published case of a forty one year-old African-American male who had been involved in an ad campaign meant to raise awareness about the risk of prostate cancer in middle-aged males of African-American descent asked his physician screen him for the cancer. The physician did not inform the patient that no PSA test had been obtained. The patient saw the doctor again two years later. The doctor again failed to order a PSA test. This time the physician did not even perform a digital examination.

Later that year the patient saw another doctor in the same practice. This doctor performed a digital examination and ordered a PSA test. The result the mant, who was about to turn forty five, had stage 4 prostate cancer which had spread to the bone. The law firm that handled this matter reported achieving a settlement in the case as it was pending an appeal of a $2.75 Million verdict.

What these claims illustrate is that, irrespective of any doubt regarding the advantages of testing male patients for prostate cancer, not doing so might lead to the spread of the disease and in time, the death of the man : a death that might have be avoided. In case you or a member of your family was not diagnosed until the cancer had spread because the physician never informed the man concerning testing procedures or otherwise caused a delay in the diagnosis or treatment of the cancer, you ought to contact an attorney right away.

Video Deposition – An important legal tool for Attorneys

In virtually every legal situation, attorneys use depositions to record witness interviews prior towards the case currently being attempted inside a court of law. The knowledge provided from the witness inside a deposition can be utilized as proof by an attorney in the time of a trial and current his side with the case.

Basically, depositions support lawyers to create a tactic to be able to strengthen their circumstance inside a court of law. This is in which video deposition providers come into play.

The effectiveness of a video deposition is dependent upon the court reporter’s potential also as the witness’s habits. It’s very prevalent for witnesses to be uneasy for the duration of a deposition and therefore it is the capability with the court reporter to interpret the numerous aspects from the witness that contain emotions, conduct as well as the body language which goes a long way in defining the effectiveness of the video clip deposition.

A prime quality video deposition can assist a lawyer construct his circumstance very properly since the deposition is definitely an official statement that can be used in the court like a reference in the course of a trial. Though access to written transcriptions just isn’t obtainable immediately they could be created accessible if the court is of your opinion that a witness is attempting to alter the authentic testimony.

In some circumstances the witness might not be shifting the testimony but may be displaying a different attitude. A lawyer might use the video deposition to highlight this difference to the court and strengthen their circumstance.

A video clip deposition is ideal for making comparisons in a very court of law. It really is for this purpose that far more and more firms are opting for video clip depositions because it brings in further accountability.

Nevertheless, a video deposition should be done in a professional manner so that you can sustain premium quality requirements. If a video clip deposition is shabbily handled, it might possess a really adverse impact on the circumstance by itself. Hence, a good deal of care desires to taken at the time of a video deposition.

It is very critical that there are skilled camera individuals in location to be able to help the court reporter from the deposition method and be sure that the video good quality of the deposition is of the highest standards.

Lastly, there are very some video clip deposition companies who can offer video clip conferencing amenities in order that as a lawyer it is possible to conduct depositions, witness interviews or another relevant solutions without actually getting to depart your metropolis. The most beneficial point is it aids your clients to conserve on charges and concurrently conduct a video deposition anyplace in the world.

Excellent Fiancee Visa Service for My Thai Fiancee by USA Immigration Law Thailand

Brian Wrights USA Immigration Law Thailand service was really great for us when I was a several thousand miles away from my Thai Fiancee in Thailand and we needed our Fiancee Visa processed to be done. Brian Wright made everything completely manageable though the stumbling blocks of the fiancee visa process seemed almost insurmountable considering the distance and language barriers. Brian Wright and his staff took the time to make sure we understood the fiancee visa process and kept us from making any mistakes that would have cost us time. Brian Wright even took the time to help us after we returned to the United States and DHS screwed up our paperwork for the Change of Status.

My Thai Fiancee is happily in America I want to thank Brian Wright for the excellent fiance visa service he provided. Everything went very smoothly and he took care of everything exactly as Brian Wright promised.

Having lived and worked around the world, I knew upfront the process for getting a fiance visa was not going to be easy. There are many obstacles to overcome such as the following:

The many documents the Thai applicant must obtain.

The Medical and Police report.

The form in English that need to be completed by the Thai applicant.

Knowledge of the Embassy and the process and customs for a successful application.

The many documents that must be supplied by the petitioner.

Brian Wrights fiance visa service was excellent and he helped make the whole fiancee visa process very simple for both of us. My Fiancee commented many times that she fell very comfortable with the way he was handling the fiance visa application. This helped her to relax and be less anxious through the fiancee visa process.

USA Immigration Law Thailand firms sole area of practice is fiancee visa, marriage visa & CR-1 marriage visa from Thailand to the United States. USA Immigration Law Thailand does not process other types of visas to America, nor does process visas to other countries.

The only additional services USA Immigration Law Thailand provides support the fiancee visa and marriage visa application process.

As a result of USA Immigration Law Thailand firms sole focus on processing fiancee visa and marriage visa from Thailand to the USA, USA Immigration Law Thailand have processed more visas to the USA from Thailand than all other Thailand based and US based immigration attorneys and visa service companies, combined. This has earned USA Immigration Law Thailand firm the distinction of being the most experienced and knowledgeable in this field.

USA Immigration Law Thailand firm, which is based in Thailand and America, is headquartered in Thailand as the primary focus of the visa application process is with your Thai fiance or Thai wife.

I (Anthony S., Pennsylvania, USA) would surely recommend USA Immigration Law Thailand by Brian Wright to anyone trying to get a Visa to the United States from Thailand for Thai Fiance.

Again, thank you for your excellent fiancee visa service.

Steps to Building an Emergency Fund – AGT The Safe Money People

Ben Franklin once declared, “A penny saved is a penny earned.” Yet, equally enlightening are his thoughts on expenses: “Beware of little expenses. A small leak will sink a great ship.”

And there are plenty of “leaks” that can scuttle an already-tight budget. For instance, a spouse idled by the sour economy, a fender bender with the family car, or an unexpected hospitalization. Thats why financial advisors recommend that you have a rainy-day fundenough liquid assets to cover three to six months worth of emergency living expenses. In case of financial emergency, access to additional money will save you from relying on credit cards or loans that simply compound the problem.

When starting an emergency fund, here are a few tips to abide by:

1.Determine what amount is best for you. Most experts agree that you should keep between three and six months worth of your living expenses set aside in your emergency fund. Your specific situation whether you have children, carry substantial debt and types of insurance coverage you have will determine what amount is best for you. Examine your situation your income and your needs to decide how much you should save.

2.Start small. Starting an emergency fund can be as simple as depositing $100 into your high-interest savings account. But before you begin, be sure that youre meeting your basic living expenses. And as you build your emergency fund, be sure youre also reducing your spending and avoiding debt.

3.Stick to a schedule. Get into the habit of making regular deposits. Whether it is weekly, bi-weekly or monthly, create a schedule and stick to it. Once you make saving automatic, you wont even have to think about it.

4.Consider an online savings account. In many cases, an “online” savings account may make more sense than an account at a traditional, bricks-and-mortar bank. Thats because many traditional banks are not currently offering a savings option with interest rates high enough to meaningfully beat inflation. In addition, an online savings account is a reliable way to manage your money.

Source:

Jessica Kirk Professional Lawyer

Dedication to the practice of family law has helped lawyer Jessica Kirk build a solid reputation as a divorce lawyer. Her compassionate and knowledgeable approach to the issues of divorce has helped her clients successfully resolve many of the associated issues, such as child custody, alimony, and division of property. She has represented both men and women in divorce cases and along with her partners at The Crittenden Law Firm in Birmingham, Alabama she uses her experience and the firms dedication to resolving family issues to provide expert service.

As a graduate of the University of Alabama Law School and a member of such organizations as the American Academy of Matrimonial Lawyers, lawyer Jessica Kirk approaches her work with dedication and integrity. Her divorce clients receive not only expert legal representation, but solid guidance through every step of the process.

About the University of Alabama Law School:

Throughout history, the laws for combating piracy became a key building block for todays international legal system. Alabama Laws Dean Kenneth C. Randall surveys the unique, historical relationship between piracy and international law during NPRs special report, “An Old Scourge, Piracy, Is New Again,” on Monday, May 4.

Since 1994, Alabama has had a law in place requiring all convicted felons to submit a DNA sample. But that could soon change. A bill currently making its way through the state legislature would allow for a DNA sample to be taken from everyone arrested and charged with a felony or sexual offense after October 2010. David Patton, assistant professor and director of Alabama Laws Criminal Defense Clinic, speaks with Alabama Public Radio about potential pitfalls should this bill become law in the Wednesday, May 6 story, “Making It Legal To Take DNA From Felony Arrestees In Ala.”

The Career Services Office reported 97.4% of Alabama Laws 2008 graduates as employed within 9 months of graduation. This is the 13th consecutive year that the Law School has had its employment rate above 95%. Also, the number of employers who visited Alabamas campus last Fall to conduct jobs interviews with our law students increased by over 20%.

Podcasts are now available from the February 27, 2009 Law, Knowledge & Imagination symposium titled, “Speech and Silence in American Law.” Cambridge University Press will be publishing the papers in this symposium as well as those in UA Laws previous forum held in October 2008 titled, “Sovereignty, Emergency and Legality.”

The Chief Justice of the United States, the Honorable John G. Roberts, has committed to present UA Laws Albritton Lecture in 2010. Justice Clarence Thomas will give this same lecture in fall 2009, which will mark the second time he has spoken to Alabamas law students. The Law School was honored to welcome Chief Justice Beverley McLachlin, of the Supreme Court of Canada, to Tuscaloosa on March 9 to present the spring 2009 Albritton Lecture.

Throughout history, the laws for combating piracy became a key building block for todays international legal system. Alabama Laws Dean Kenneth C. Randall surveys the unique, historical relationship between piracy and international law during NPRs special report, “An Old Scourge, Piracy, Is New Again,” on Monday, May 4.

Since 1994, Alabama has had a law in place requiring all convicted felons to submit a DNA sample. But that could soon change. A bill currently making its way through the state legislature would allow for a DNA sample to be taken from everyone arrested and charged with a felony or sexual offense after October 2010. David Patton, assistant professor and director of Alabama Laws Criminal Defense Clinic, speaks with Alabama Public Radio about potential pitfalls should this bill become law in the Wednesday, May 6 story, “Making It Legal To Take DNA From Felony Arrestees In Ala.”

Traditional Games that are Played in an Indian Wedding

Indian weddings are full of zest and joy and to make them all the more enjoyable a lot of games are played during the different ceremonies. This way the seriousness of an Indian matrimony ceremony gets lightened. These games are meant to elevate the mood and to raise affection and understanding between members of the two families.

Heres a brief description of different games played during an Indian wedding:

1. Fish the Ring
Fish the ring signifies who will rule the roost in the home front. This game is played when the couple appears as man and wife before the family gathering for the first time. In this game, the bride and groom are supposed to take off their rings and put them in a pot of clear water with rose petals in it. As both the rings settle, the newly-weds are asked to churn the water as enthusiastically as possible. After they take out their hands out of the water, everyone looks at the water. If the bride lags behind in the game, it determines that she will be obedient wife. If the grooms ring remains in the water, he will be wrapped around her finger.

At times, the rings are placed in a pot of milk and the couples are asked to `fish`. Whosoever is able to find the ring first will always have the upper hand in the marriage!

2. Hiding the Shoes
This game is played when the couple reaches the mandap for the `pheras` and the groom removes his shoes. The friends and sisters / brothers of the bride hide his shoes. After the Pheras, when the groom gets up to leave the mandap, the bridesmaids surround him and demand an shocking sum of money in exchange for his shoes. Then the friends and brothers of the groom beg and plead to give the shoes back and to reduce the sum of the money asked. After the stupid arguments, the groom pays the ransom and is allowed to put on his shoes.

3. Going Home
This game is played at the grooms house. The entrance of the house is blocked by the sisters of the groom to welcome the bride. The sisters pretending to be helpful point out a covered heap to the bride. They ask their sister-in-law to bow her head to it before entering. The bride, who is already nervous and anxious, obliges and dutifully bows her head. After befooling the bride, the cover is pulled off to expose a pile of old footwear cleverly arranged in a mound.

This ceremony does have a purpose – with this laughter, the ice is broken and the new bride feels more comfortable and finds a roomful of friends.

4. You Touch My Heart
Another game that is played during a wedding is You touch my heart. This game is mainly enjoyed by the women on the brides side. In this game, several round slots are made with a saree, which is wide enough for a hand to pass through. The saree is held lengthwise and bride and bridesmaid stand behind it stand. All the girls in the room thrust their hand upto the wrist out of the holes. On the other side stands the groom and from there he is only able to see an array of hands. The main challenge for him in this game is to search for his bride`s hands and he gets three chances for it. If he fails in the game, he has to pay a `fine`.

While, the celebrations have been constantly changing through out the institution of marriage and society, there are certain ceremonies and rituals that had been constant in marriage mantras. And such games make the ceremonies all the more pleasurable. They not only add fun to a marriage ceremony but each game aims at bringing the bride and the groom and their families closer. Not only this, they also make it easier for the bride and the groom to get comfortable with each others family and friends. Thought these days, many new games are coming for the bride and the groom to play together but some of the traditional games are still played religiously in many Indian weddings.