Legal Advice

Q. I have just started work at a call centre but I’ve found a better job and want to leave. However I’ve signed a contract (which hasn’t been countersigned) stipulating that if I leave within three months I will have to pay back the training fee, which is £400. I wonder if they can enforce this?

A. They probably can and possibly will, especially if you’ve been there long enough to deduct the amount from your final pay packet. They would be entitled to do this if your employment contract says they can. If they would have to take you to court for the £400 it’s possible they wouldn’t bother, but I don’t think you can rely on their inertia: they may want to send out a signal to others in your situation.

Q. My daughter and her partner split up nearly a year ago, and she was told by her solicitor that she would be able to stay on in the house until the children leave school. Now they’ve been to mediation and she’s told that she will have to sell the house and split the proceeds with her partner. Which is the correct advice?

A. It depends to some extent on the couple’s finances and the ages of the children. It’s likely to be expensive to go to court to settle this, and if the children are already in their teens the expense may not be justifiable if it simply resulted in your daughter remaining in the house for a year or two. If the children are still young your daughter may have a better prospect of success in court, and could offer to buy her partner out at a substantial discount.

Q. I live in a block of leasehold flats, managed by an agent to whom we pay £1100 in advance per year. He refuses to allow us to pay monthly or tell us where our money is deposited. Don’t landlords now have to put things such as garden and property maintenance, and management, out to tender?

A. You are entitled to a summary of the accounts for your building, and, on receipt of the summary, can demand to inspect the accounts and look at receipts etc. Where works are proposed that will cost individual leaseholders more than £250 the landlord or agent must consult with leaseholders, who can propose alternative contractors. Where contracts are being entered into for longer than 12 months (and which will cost individual leaseholders more than £100), the leaseholders can suggest alternative suppliers.

* Fahmida Ismail is a partner at Sydney Mitchell Solicitors. Write to Legal Advice Column, Birmingham Post, Floor 6, Fort Dunlop, Birmingham B24 9FF

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