Bramwell Bate News

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Bramwell Bate News

Snippets

Unpaid Rates lead to Sale of Property Whether you are purchasing your first home, family home, rental property, commercial property, retirement home, or simply refinancing your property, you may not remember as time goes by, the consequences of not keeping your rates paid and up to date with your local Councils. When signing that all important mortgage enabling your loan funds to be available on your settlement or refinance date, you have agreed to keep the rates on your property paid up to date at all times. Consequences of falling behind in your payments may lead to the Council informing your Bank under...

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Wills–What does having a Will mean and what happens when people die without one?

A will is a legal document that lets you decide how you want your property, care for you dependants (partner, children etc.) and your body to be dealt with after you die. A will only comes into effect once you die and is arguably the most important document you will ever sign. A well drafted will can reduce emotional and financial strain for your loved ones after you pass away and it reduces the likelihood of family members disputing over your estate and challenging your will. Accordingly, we suggest seeking legal advice when creating a will to ensure your intentions are...

How to give Notice to Your Tenant and What You can do if a Tenant is No Longer Paying Rent

How to give Notice to Your Tenant There are two types of tenancy agreements which a landlord and tenant can enter into: periodic tenancy and fixed term tenancy. Periodic tenancy has no fixed end date, while a fixed term tenancy has a specified end date. To end a periodic tenancy, a landlord must give a minimum of 90 days’ notice. The law requires that the notice: must be in writing; give the address of the tenancy; give the date the tenancy is to end; and be signed by the person who is giving notice A landlord can give a tenant on a periodic...

Rural Leases

A rural lease (“lease”) is a legally binding document which governs the relationship between the landlord and the tenant for the use of rural land. Often rural leases are entered into as a gentleman’s agreement with a handshake to seal the deal. This works fine until something goes wrong and/or there is a disagreement between the landlord and the tenant. It is always best to discuss and put in place a written lease when both parties are on good terms rather than in the middle of a dispute. Leases can be beneficial to both the landlord and the tenant. The landlord benefits...

First home buyers–The process of buying and what to look out for

If you have never bought a property before, it can be an intimidating prospect. We have broken down this process below and highlighted some things you may want to keep an eye out for along the way. The process can be split into about eight general stages (order may vary slightly). 1. Finding a house You can seek out houses either through a real estate agency or by a private treaty between the home owner and yourself. 2. Get a lawyer You will need to have a lawyer or conveyancing professional acting for you in order to complete the purchase. They will be able to...

Bramwell Bate News

Snippets

Changes to the Food Act The Food Act 2014 (the Act) has been amended recently. The key change to the Act is the introduction of a scale assessing the level of food health and safety risk for each business dealing with food. This scale includes all food-related businesses, from multinational food processing companies to street-corner coffee carts. All food businesses must adhere to different levels of control depending on their risk. The Ministry of Primary Industries monitors this through: Food control plans – written plans for managing food safety on a day-to-day basis. These are used by higher-risk businesses; and National programmes – “a set...

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Terms of Trade

Time and time again, we are approached by disgruntled business owners and dissatisfied customers to help resolve disputes arising from deals made on the basis of informal arrangements. The law certainly assists in defining and clarifying certain aspects of the contractual relationship between parties. The starting point is usually a consideration of what the parties intended and agreed on at the time the goods and/or services were purchased. The intention of the parties is undoubtedly easier to determine with clear written evidence. In our experience, one of the most useful tools for businesses is having effective processes and procedures for engaging...

Personal Grievances–What needs to be considered when raising a PG

A personal grievance (PG) is a formal process in which an employee may raise a complaint against their employer if they have been dealt with unfairly or illegally. The grounds available to raise a PG are outlined in the Employment Relations Act 2000 (ERA), together with the process for raising a PG. The Grounds A PG means any grievance that you may have as an employee against your employer or former employer, including but not limited to the following reasons: Unjustifiable dismissal (unless the dismissal was during a valid 90-day trial period); Unjustifiable action which disadvantages the employee; Discrimination; Sexual harassment; Racial...