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Passmores Solicitors

Solicitors for Cardiff and The Vale of Glamorgan

Frequently Asked Questions

Passmores Solicitors is a team of legal professionals that deal with a wide variety of legal questions each and every day. We have placed a few of the most frequently asked questions here to help you.

Q: Why do I need a lawyer?
A: Our team of lawyers have decades of experience between them and offer expert legal advice. We are able to represent you better than you can do for yourself.
Q: How do I know if you can help me?
A: Give us a call. If in the unlikely event that we are unable to help you then we will tell you. Fees only start once you are satisfied that we can be of service and you instruct us to go ahead.
Q: What is the cost of legal advice?
A: It depends on the complexity of the issue and the task you set us, we charge on an hourly basis but we are able to produce forward estimates once we understand your situation and the legal action required. We always review our fee structure to make sure our service is sensibly priced in comparison to other law firms in the Vale of Glamorgan area.


Q: What is “Conveyancing”?
A: Conveyancing is the legal process involved when buying and selling of houses, flats and other property. Conveyancing is where the title (ownership) is transferred from the vendor to the purchaser. If you are re-mortgaging or letting a property then Conveyancing may also be needed, call us on 01446 721000 to check.
Q: I'm buying a property. How can you help?
A: Once you have chosen your mortgage lender and have applied for the loan then we take over the process. We contact the Solicitor that represents the vendor, requesting the contract package, and once this arrives we make searches with the local authority. If the searches throw up any issues then we will question the vendor’s Solicitors. Once we are satisfied with the property, we will prepare a report for you, which will include all of the important documentation affecting the property. We will then be present with you to sign all of your papers, including the mortgage deeds. When all paperwork has been signed, we will hold it on file until the vendor’s Solicitors are ready to exchange contracts. After contracts have been exchanged we will arrange the completion and payment of the deposit.

Upon completion, we will send the vendor’s Solicitors the money needed to complete the purchase and arrange for the loan to be paid by your mortgage lender on the completion date. When all money has changed hands we will inform the estate agent so that you can collect the keys. Our job does not stop at completion, as after you have moved in we still need to will take care of the stamp duty and arrange the payment on your behalf. We will then register your ownership of the property as well as details of the mortgage with the Land Registry. Once this is completed, both you and your mortgage provider will receive a copy of your title deeds from us.
Q: What is the “Exchange of Contracts”?
A: Exchange of contracts is when the transactions become binding. Up until this point there is no legal contract in place, but once you reach it the buyer must pay the deposit (usually around 10% depending on mortgage amount). Upon the exchange of contract, the completion date will be decided and cannot be changed. This process happens between the Solicitors representing the purchaser and vendor, so you do not need to be present.
Q: What are “Restrictive Covenants”?
A: Restrictive Covenants are rules which are imposed on land when the vendor wishes to retain an element of control over that land after they have sold it. For example, a property developer selling a new housing estate may require a covenant that allows only a certain number of cars to park outside them, or a covenant restricting the colours that the houses can be painted in.


Q: My shorthold tenancy has expired, what happens now?
A: When a shorthold tenancy is created it is for a fixed term. Once this term ends the tenancy will continue on a month to month basis. Should the landlord want to cancel the tenancy then they will need to give a two month notice period. Should the tenant want to cancel then they will need to give one month. The landlord will need to present a carefully phrased notice to the tenant and either notice should expire the day when rent is usually due.
Q: Do I need a witness for my tenancy agreement?
A: Strictly speaking, signatures do not need to be witnessed if the tenancy agreement is for three years or less. Many landlords do try and have any guarantor's signature witnessed, especially if you are not present when they sign. The same witness can be used for all signatures on an agreement.
Q: Can I enter my investment property to inspect the state of repair?
A: It depends on the terms of your tenancy agreement, but most allow the landlord to inspect after giving a reasonable notice. This is defined as a minimum of 24 hours and may require the landlord giving the tenant notice in writing. It is not acceptable to simply turn up when you like and let yourself in as this would breach the tenant’s rights.


Q: What are the grounds for a divorce?
A: There is only one basic ground for divorce and that is “the irretrievable breakdown of the marriage”. This has to be proven by establishing that at least one of the following has taken took place:
  • Adultery
  • Unreasonable behaviour (often referred to as cruelty)
  • Desertion
  • Two-year separation (where the other party consents to a divorce)
  • Five-year separation (no consent is needed in this case)
Q: What if I do not wish to stay with my partner but cannot afford a lawyer?
A: If you are on benefits you can obtain legal aid (public funding), to cover some or all of our fees. Otherwise, if you are making a financial claim, you may be able to cover legal fees from the settlement proceeds. Call us on 01446 721000 to see if you qualify for public funding.
Q: Why are courts needed when a couple decides to separate?
A: Couples often separate without involving the courts but the advantage of a legal separation is that, should a disagreement arise, you are in a stronger position to sort it out. Issues such as who is to care for the children and arrangements regarding financial and property matters will be set out by the court. A court order will be in place to stop the agreement being broken by your former partner.

If you and your partner can split up amicably, agreeing about child care and finances then you may opt for a Deed of Separation, which does not involve the courts and can be draw up by us.


Q: Am I liable for debts created by my partner?
A: If you enter into a credit agreement jointly then you and that person are both liable for the entire debt. This scenario is known as 'joint and several liability' and is binding if signed by all parties. If no such an agreement has been signed then you are not liable for your partner's debts. There are other matters where joint and several liability can also apply, such as arrears on rent where joint tenancies are in place or arrears on joint mortgages. If you are in doubt then it is best then you bring any joint agreements to our attention so that we can advise fully.
Q: Do my debts die when I do?
A: Just like any assets become a part of your estate, so do your debts. If the assets are sufficient enough to settle the debts then this will be taken care of by the executors of your estate. Claim from creditors may be sought from a partner or relative but if the estate is unable to settle these debts then partners or relatives do not have to. There are a few exceptions to this rule, such as in the case of joint and several liability agreements, so it is best to let us check over all paperwork to be sure.


Q: Why should I make a Will?
A: The way in which you want your finances, property and possessions to be dealt with after your death is held in your will. If a Will has not been made then the wishes of your family and friends may not be taken into consideration as the law of intestacy divides up your estate. In this situation your partner may not receive their full entitlement, especially if you are unmarried and without children, and people you may not wish to receive anything may soon be enjoying your assets. By drawing up a Will, you guarantee that your wishes will be followed.


Q: What does the term Probate mean?
A: Probate is the issuing of a legal document called a Grant of Probate (or Letters of Administration). The document states the person authorised to deal with the estate of a person who has died.
Q: Why do I need a Grant of Probate?
A: Many organisations that you will need to deal with, such as banks and building societies, will not discuss the deceased’s assets with you unless you can prove that you have the appropriate authority. The Grant of Probate gives you this authority.


Q: I have not given employees a written contract. Does this mean there is no employment contract?
A: Not necessarily, as a verbal contract can be equally binding, especially if the employee has already performed work in return for pay. This is not an ideal situation though as it is likely to be more difficult to prove the precise terms of the contract. It is advisable that you seek advice from us, as many employers that do not issue written contracts regret it.
Q: I have a new employee that is willing to accept less than minimum wage. Should I pay him what he wants?
A: Employees are not able to sign away their rights. Anyone over the age of 18 that is not a family member, working within the family business and living in the family, must be paid National Minimum Wage. The one exception is people working for therapeutic reasons only, such as volunteer workers, where there is no contractual obligation to work and no right to any payment or benefit.


Q: What is a Residence Order?
A: Residence Order is made by a Court and specifies the person that a child will live with. If the Residence Order is in favour of someone other than the parent or guardian of the child concerned then that person will assume parental responsibility for the duration of time that the order stays in force.
Q: Social Services have said they want to speak to me about my child. Should I worry?
A: Not necessarily. When Social Services (or Children’s Services as they are now often known) are informed of a child’s welfare then they have to investigate. If this investigation raises no concerns then the matter will end there. Just make sure that you co-operate fully with them. In the event that they do have concerns as to the welfare of your child then they may invite you to attend a meeting with people familiar to your family, such as a police officer, doctor or teacher, to discuss the concerns. It is advisable that you take a legal advisor or Solicitor from Passmores to this meeting as the outcome can decide whether or not your child‘s name is placed on the child protection register and if future meetings are needed.


Q: How can I prevent child abduction?
A: Court orders are often sought as a way of preventing child abduction. If you have real reason to suspect that a child abduction is likely to take place then you should contact us immediately or call Reunite on their advice line, which is 0116 2556 234.


Q: My abuser threatens to take my child away if I leave or see a Solicitor about the violence
A: If you and your partner separate then the decision of who the child stays with is up to the Courts. You do not need to worry about Social Services taking your child away for this reason. They may in fact be more likely to award you custody if your partner has a history of violence.


Q: How much compensation will I receive?
A: The amount will depend entirely on your claim and injury and is different in each case. Our advisors are able to give you an estimate of the compensation amount during the initial interview before you decide whether or not to proceed with the claim. Depending on how severe your injuries are, we might have to wait until after a medical assessment to give an accurate estimate.
Q: How does the "No Win, No Fee" deal work?
A: A "No Win, No Fee" agreement is a Conditional Fee Agreement (CFA) and with this type of agreement, the money you pay us depends on whether you win or lose your case. Should you unfortunately lose your case then you will need to pay your opponent's legal costs and disbursements. These costs can be insured and are then paid by the insurance company and not you personally. If you win the case then you pay our costs from out of the compensation money awarded to you. Call us on 01446 721000 to discuss “No win, No fee” agreements in greater detail.


Q: Why is Public Funding (Legal Aid) not offered to everyone?
A: Legal Aid, or Public funding as it is now known, is in place to help people that are not well-off with the costs of legal advice. Whilst the Legal Services Commission understands that even people refused Public Funding may still not be in the position to afford and pay for their legal advice, the system has been designed to be as fair as possible.
Q: How do I qualify for Public Funding (Legal Aid)?
A: So long as a case is civil then Public Funding is available to anyone who qualifies. People in receipt of Income Support or income based Jobseeker's allowance should find that they automatically qualify for funding. If not then people can get non-contributory (i.e. free) help if their gross monthly income stands at less than £2,435, they have a monthly disposable income below £290 and disposable capital under of £3,000. If the monthly disposable income is between £290 and £672 or disposable capital falls between £3,000 and £8,000 then a person may be offered funding so long as they agree to pay a contribution towards their legal costs. Please note that these figures are liable to change. You can check them by visiting the Legal Services Commission website at http://www.legalservices.gov.uk/

Applicants must also show, in terms of the specific case, that they have reasonable grounds for bringing legal proceedings forward or defending against them and that it is reasonable for public funding to be granted. The Legal Services Commission will then consider a number of factors before deciding to grant Public Funding, such as whether or not the case has a reasonable chance of success and whether or not the applicant would gain any significant personal benefit from proceeding. Call us on 01446 721000 to discuss public funding and to find out if you qualify.
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