On a recent holiday to Spain, I tripped and fell on a broken tile by the side of the hotel swimming pool. Would it be possible for me to seek compensation for my injuries in England?
	It could be possible for you to recover compensation in English law if you booked your holiday as a package with a UK tour operator. If you did, then you may be able to make a claim under the Package Travel, Package Holiday and Package Tour Regulations 1992, which imposes obligations upon the tour operator and holds them liable for any ‘improper performance’ of the contract which you make with them when you book your holiday. These obligations not only apply to the tour operator but also to the airline company and the owners of the hotel/apartments where you stay. In this case, as the floor was defective, it will probably amount to negligence for which the tour operator is responsible. Your claim would therefore not only include damages for pain and suffering and loss of amenity, but also for any financial losses which you have sustained as a result of your injuries, and for the loss of enjoyment of the holiday itself.

e-mail Nigel

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	I am married with two children. I understand that my family would inherit my assets on my death so is it really necessary for me to make a will?
	If you do not leave a valid will the law will dictate who administers your estate and who receives all of your money, property and possessions. The legal rules that dictate who inherits your estate are known as the Intestacy Rules (and you are said to die intestate if you do not leave a Will). Many people assume that their surviving spouse or civil partner will automatically inherit all of their estate however this is not necessarily the case. Financial limits are placed on the amount that a surviving legal partner will inherit. If the financial limits are exceeded other family members may inherit a share of your estate and complicated rules regarding trusts will limit your surviving legal partner’s entitlement. At present, if your estate (i.e. the assets in your name) were to exceed £250,000 your spouse would not automatically inherit your entire estate. In order to ensure that the Intestacy Rules do not apply to your estate it is essential to make a Will. Without making a Will you cannot control who inherits your estate. It is also worth considering other reasons for making a will for example appointing executors to administer your estate if your children are too young to deal with money and the appointment of guardians to care for minor children.

e-mail Deborah

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	Is it the landlord’s or the tenant’s responsibility to carry out repairs to a commercial leasehold property?
	It all depends on the terms of the lease, however, generally, if a tenant has a lease of the whole of a property, then the tenant will be responsible for all repairs and maintenance to the whole property. This usually includes all structural parts of the property, such as the foundations, the roof etc. It also typically includes the drains, pipes and wires that form part of the property. In cases where a lease only covers part of a property, for example, offices within an office block, it is more common for the tenant’s repairing obligations to be limited to repairing the internal shell of the property. In these circumstances, it is usual for the landlord to be responsible for carrying out any repairs and maintenance to the structural parts of the building, and any common areas in the property, such as shared toilet facilities, and invariably the landlord will then recover his costs from the tenants by way of a service charge. The clauses relating to repairing obligations in leases are amongst some of the most important clauses in the lease. It is recommended that both parties seek professional advice on the repairing obligations in the lease at the earliest opportunity in order to minimise the potential for disputes later on.

e-mail Claire

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	I am in the process of buying my first home and have been advised to carry out a survey. I have already paid for a mortgage valuation. What is the difference between a survey and mortgage valuation?
	It is always recommended for a survey to be carried out on a property before exchange of contracts. This is because it is the buyer’s responsibility to find out as much as possible about the property, including any physical defects, before committing to the purchase. There are three types of survey available to a buyer:- 1. Valuation – This is the simplest form of survey and is carried out by the mortgage lender to assess whether the property being bought is suitable security for the loan being offered. 2. Home Buyers Report – This is a compromise between the mortgage valuation and the full structural survey. It is a concise summary on the state of repair and condition of the property, including a valuation. Although this is of much more value to a buyer, this type of survey is still relatively superficial. 3. Full Structural Survey – This is a detailed inspection of the property and is particularly useful if you are buying a large or older property. It is also of benefit to you when buying a property which has been substantially structurally altered. The report will provide a detailed commentary on the condition of the building’s structure.

e-mail Jane

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