Your legal questions answered by Fahmida Ismail, Partner at Sydney Mitchell LLP.
Q. I live on a development of flats and houses. We have recently changed property management company, but because of a large deficit from the previous company the new one is asking for an extra sum from us. Is this legal, and do we have to pay? Most of us are up to date with our payments or even in advance.
A. The answer to all such questions is: check your lease. This is a contract between the leaseholder and the landlord and there is no obligation to pay anything other than what is provided for in the lease. But it can generally be assumed that the landlord is entitled to recover his costs, and it’s unlikely that the new company would have taken on the job of managing your development without there being some provision in the lease for making good the deficit left by their predecessor.
Q. I have a shared driveway. My neighbours have put up gates at the end, and since I’m disabled I can’t open them, which means I’m imprisoned in my own home. What can I do?
A. Discuss the problem with your neighbours. If you can’t find a solution you will have to get a solicitor specialising in this area to look at your title deeds. If you have an older property you are likely to own half the drive each, with the boundary going up the middle. This would entitle you to take one of the gates off! With a newer property you would probably own the drive jointly, which means that no decisions or actions should be taken that affect it unless you both agree. In that case you could seek an injunction to have the gates removed. But try not to let it get to that stage.
Q. I am overweight and work in a call centre. A year ago my manager disciplined me informally and said that “because of my size” I came over as rude and aggressive. I was shocked. Then six weeks ago she said the same thing. My union says it’s not discrimination because it’s not racial or sexual.
A. Everyone has a right to be treated with dignity and respect in the workplace. If you feel you are being bullied or harassed as a result of your personal appearance you should take it up with your employer, using the firm’s grievance procedures. Your employer has a duty of care to prevent demeaning conduct and should take steps to prevent a reoccurrence. However if there is justification for the suggestion that you are rude and aggressive at work you should probably also reassess your own behaviour.
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