Archive for April, 2021

Wrong Landlord Name on Tenancy Agreement

Friday, April 16th, 2021

As a landlord, you`re used to replacing things that no longer work well for you, from appliances to tenant screening companies. The lease is the most important tool you have to succeed successfully, but sometimes it`s hard to tell if this important document does everything you want or need. Don`t be afraid to find or create a better lease document so that your next owner/tenant experience ensures you get exactly what you need. Here are 5 things you should point out whether or not you need to improve your lease: I am a tenant and my lease says I am responsible for heating, electricity, cable and telephone. Which I agree with. We have oil-fired heat. Without my knowledge or consent, my landlord went behind my back and filled our tank with oil and now wants us to pay 200.00 more per month for the oil, and they also called the oil company and added a service contract on their behalf for my apartment and if I call the oil company, they will not give me any information. Can the landlord do that? Go behind my back, fill my tank with oil and then ask for the money if the lease clearly states that I am responsible for my own oil I live in Boston Ma, I just received a message from my management company that they want to introduce direct deposit payments directly from my bank account to the owner. I have been renting my apartment for a year and I have already signed a lease the following year.

The lease agreement stipulates that payments by cheque must be made by mail. Do I have to switch to direct deposit to pay the rent? Honestly, I feel a little uncomfortable with the idea and would prefer to continue emailing my rental registration. For example, the name in the registry is Paula Edwards Jones and in the agreement it is Paule Jones. Your landlord may charge a fee for changing your lease. They can only charge you if you have requested the change. If your landlord charges you for a change you didn`t request, you can claim the money or report it to Trading Standards. He may require your brother to be on the lease if he lives there. What it seems to be, on weekends. It wouldn`t hurt to attract him, so I don`t understand the resistance to doing so. But it can`t change your locks. Add your brother to the lease and solve the problem. This is the fastest and easiest way.

If you want to extend it a bit, submit a police report stating that your landlord has locked you out. It is not legal. Your landlord will be forced to change the lock again. But then you have made an enemy of your landlord and can pretty much guarantee future problems. That`s why my advice is to add your brother, which you`re going to do in one way or another anyway, and end the problem quickly and easily. Let everyone move forward with their lives. If the owner confirmed it, I would join me. If you ask for more at this point, they will only think you are a pain in their lol Yes, you are on a month to month. Thus, a new lease can be introduced at the end of the lease term (end of each month). It`s not just legal, it really makes sense. I understand the frustration you need to feel as a long-term tenant, but understand that the new landlord needs to do it to protect themselves. Be open-minded and read the lease.

Address all concerns openly and honestly. Ultimately, no landlord wants to lose a tenant in such a long run, so I`m sure you`ll be treated with respect. You and your landlord can have rental agreements, and these will be part of the lease as long as they are not against the law. You and your landlord have rights and obligations enshrined in law. The lease can give you and your landlord more than your legal rights, but no less than your legal rights. If a clause in the lease gives you or your landlord less than your legal rights, that clause cannot be enforced. The rights granted by law vary depending on the type of rental. Leases are a contract between the tenant and the landlord and describe the terms of rental of the property, para. B example when the rent must be paid and its amount, who is responsible for the maintenance of the property and the payment of repairs, etc. Whenever you apply for a new rental property, you`ll likely need to sign a lease before you can move into your new home. You may also have signed an agreement stating that the property has been granted under a license to use.

This is not enough to make the agreement a license. Jimmie, it is common for a new lease to be created since you are there from month to month. But when a new owner buys the property, each tenant is still under the rental terms they initially agreed to until new terms are presented and agreed. So technically, you can have a new landlord while having your original lease. You can sue someone if it`s not related to the eviction. In other words, they cleared or abandoned the property, so there may have been no actual eviction. And yes, a homeowner can implement a no-smoking policy if they wish. As for the rejection of contracts after the expiry of the lease, this can be legal.

I feel like there`s more to the story. How the tenant only wanted to pay for the 2 weeks or so. In this case, I could imagine that a landlord would reject this request simply because he wants to prepare the accommodation for rent as soon as possible and would lose money if he delayed another 2 weeks. It may seem like the landlord should be able to change the rules for something because they own the property and should be able to change things if they want to, as long as the rule change is fair, right? False. A lease is a contract, which means that two parties come together for an agreed exchange of benefits for both parties. The landlord and tenant sign a lease and agree to do certain tasks, perform certain tasks, and abandon certain things in the process. If a change in a rule affects the terms of the contract, this can be a problem. Any rule change that affects the tenant`s wallet or the way they live in the rental property on a daily basis can be considered a change in the terms of this rental agreement. Homeowners simply can`t change that if they want to. For each AST that started after October 1, 2015, it is required by law that the landlord provide the tenant with the state guide “How to Rent”, an up-to-date gas safety certificate and an ongoing energy certificate.

The landlord cannot give notice under section 21 if it has not been provided. James, if you are under a lease, then you are protected by these conditions until you sign a new lease. So it depends on what your current lease says about pets and the length of your lease. Inexperienced landlords often try to make changes in the middle of the lease because they don`t know any better. Often, this is a reaction to a current tenant problem, . B such as establishing new parking rules, restricting access to property such as a swimming pool or clubhouse, or imposing additional requirements for yard maintenance. Here are 5 common changes the landlord is trying to make in the middle of the lease: It looks like the landlord has burst to share Wi-Fi. If it was an included utility that is no longer available, an add-on to adjust the price should be signed, and it should be remembered that if you are tempted to break a clause in your contract, your landlord might find out much sooner than you think. This can happen if the area where the property is located is heavily community-oriented and neighbors often have a good idea of what`s going on in each property and can report any rule violations to your landlord. Keep in mind that most professional homeowners do regular inspections of the property that you might catch..

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The Four Agreements Stoicism

Tuesday, April 13th, 2021

When you decide to change your life and adopt the Four Accords, you are questioning the beliefs you have learned and the habits you have practiced since childhood. It won`t happen overnight, but include these chords in your thoughts and be patient. Win the war on the beliefs in your head. Practice these four chords and watch your life change. I have not read this book and I do not intend to do so. I saw these 4 chords on the wall in a yoga teacher`s house and I must have laughed. These tenants are what Saniel Bonder, the founder of Waking Down In Mutality, would call hypermasculine ideas to improve us. They can improve our lives for a while, but like all self-improvement projects, they involve that we need to be fixed and eventually lead to more self-judgment. Although there is an important place for the action component in life (male power), it is necessary to balance it with the softer outfit and accept the maternal qualities of the deep feminine.

Truly loving ourselves for and with all our human weaknesses is the key to not judging ourselves and others, and a surprising firmness. This can pave the way for a deeper understanding, which involves knowing ourselves as an unlimited guessing presence. Here`s an improvised list of my 4 chords: (1) Give yourself a break – again and again If your beliefs create deep happiness in you, then I say: Keep them. When they cause excitement, when the beliefs of others are different, the awareness of them can give you the choice of what you believe and what you let go. So many of our beliefs, concepts, chords were instilled in us as “truth” when we were young, and we accepted them literally and completely. The beginning of the Four Accords is about how we were domesticated by our caregivers in a “dream” of life. The only dream they could give us was the one they were living, which they mainly got from THEIR parents, etc. In an article for ABC News, Mick Mulroy, former Assistant Secretary of Defense for the Middle East under Secretary Jim Mattis and also a retired U.S. Marine, argued that Stoicism should serve as a philosophy for the U.S.

military because it protects control from anger and fear, as well as the stoic concept of universal brotherhood. [38] We are different from John. What they see as history, I see as a lie, untruths, a great mission. This story is not about bringing people closer to the truth, on the contrary, it goes in the opposite direction. To say that something is both false, hypocritical and simplistic, you could actually take it as a criticism. That should be the case. Did you miss that part? Did Ruiz pay you to print this article “Accept the 4 agreements”? curious. Do you like it because it recalls and reinforces what you have already learned from humanistic psychology? Is there some kind of confirmation error that makes you want to help Ruiz sell this thing, or did he really pay you to publish it? It is quite hypocritical to say “be impeccable with your word” on the one hand and to tell all these “stories” on the other hand to force or support your message. I also found it strange to judge a book by the behavior of a person who claims to have read it and by the elderly people who are the ancestors of the author of the book. For this reason, I did not respond to Cccc`s comment. If the commentator had explained why he believes the four agreements cause people to behave recklessly and selfishly, I might have gotten an answer. As it stands, I maintain the idea that – Toltec or not – these principles are a healthy lifestyle and are consistent with best practices supported by modern psychology: Don Miguel Ruiz is a Mexican author of Toltec spiritualist texts.

His teachings are based on the ancient Toltec wisdom of attaining happiness. His most famous book, The Four Agreements, advocates the personal freedom of beliefs and agreements we have made with ourselves, and how these limitations have created in our lives. I like what you say. If you were to write a book about your spontaneous agreements, I would read it. The fourth agreement allows readers to get a better overview of the progress made in achieving their life goals. This agreement includes the integration of the first three chords into everyday life and also the exhaustion of one`s own potential. [8] It is a question of doing one`s best individually, which is different from the different situations and circumstances that the individual may encounter. Ruiz believes that if you avoid self-judgment and do your best in every given moment, you will be able to avoid remorse. [10] By incorporating the first three chords and giving the best of himself in all facets of life, the individual will be able to live a life without grief or self-irony. [10] If I have to name four betrayals that I usually make to myself, will they be? The idea is that over time, the effects of other people`s opinions have become a very powerful force in the habits we have created in our lives. During this process, we made “agreements” in our minds about who and what we should be. Over time, we have learned to live our lives on the basis of these agreements.

Therefore, it turns out that the decisions we make now are determined by the opinions of other people in the past and not by those we would have chosen alone. Don Miguel Ruiz, in his book, gives us four principles that we can practice to break the boundaries created by others so that we can build a happier and more successful life for ourselves. We have to break a lot of old chords and change a lot of domesticated beliefs to really keep a space for someone`s hurt or anger against us without judging, withdrawing, defending, accusing, intellectualizing, you share their dream. We can use the fourth agreement, Do your best, to encourage us to make a positive effort. But this agreement also recognizes that “our best” varies from moment to moment, depending on our circumstances and state of mind. Acknowledging this fact leads to the realization that everything we are doing right now is our best, and this awareness can prevent us from castigating ourselves if we fail to live up to an inappropriate standard of perfection. At the end of the day, I think it`s important to know if your own agreements lead to the consequences you`d like to see. As for perfection, this word certainly has the connotation of perfectionism, and if you take it that way, you would indeed be driving yourself crazy. (By the way, perfection and other chords are agreements you make with yourself, not demands that ruiz makes of you.) On the other hand, if you set a goal to be impeccable with your word and strive to be as honest and friendly as possible with your words, without waiting for perfection from yourself or fighting if you fail, this agreement with yourself could increase your well-being. One of the most important wisdom teachings of the Toltec tradition is that we all dream – dream of a unique vision and experience of the universe. It`s at the beginning of the “Four Chords” and in my experience, a lot of people slip through that part and go to the chords. If we have made relationship agreements (regardless of the relationship), this sharing is for informational purposes in the name of intimacy and not a complaint or a request to fix something to protect me from the emotional reactions I create myself.

IMPRESSIVE. It is a vulnerable intimacy and can go anywhere (no attachment to the result). Where it will GO is towards more truth, especially if the person who hears this sharing can enter YOUR emotional body and understand what is happening in response to the sharing, and then be able to share YOUR emotional truth at that time. How do we know the correct interpretation of Ruiz`s reference to John 1:1-5? We could break one of his four agreements and guess his intention. Or, if you are really interested in the truth, you can ask him. Agreeing with ourselves, not taking things personally (#2) gives us the opportunity to look inward and find and change the old agreements and beliefs – mostly lies from our childhood domestication – that captivate us emotionally and make us react. The author of the article accurately describes people`s “dream” that distorts what people say or do…

Settlement Agreement Counter Offer Template

Monday, April 12th, 2021

The counter-offer of the settlement agreement is an important part of resolving issues between an employer and an employee. Read 3 min This unbiased letter is the counter-offer of the employer`s lawyer in response to our original proposal for an exit settlement. Our client was invited to participate in a dummy redundancy selection process. This unharmed letter aims to prevent legal claims before they can arise and suggests that an out-of-court settlement could be more useful. Possible claims that may arise in these circumstances include constructive dismissal, whistleblowing, and discrimination based on disability. Always refuse a written offer of comparison. Enter a letter to your contact at the insurance company stating the reasons why you think their offer is too low. Support these reasons with concrete evidence attached to the letter. Finally, provide a counter-offer to an amount that you deem more reasonable. Most companies won`t want to pay their employees more than the law requires. You need to consider the incentive your employer has to pay you a higher financial severance package. Why should they be open to negotiations? The CASA Code of Practice on Employment Settlement Agreements recommends that employees have at least ten days to review a settlement offer. Although this is not actually required by labour law, all employers should take it into account.

Our client`s professional life was made more difficult when he was suffering from depression. This call letter with an unbiased letter determines the amount of money our client requests for settlement negotiations. Even if there is no agreement, there are certain circumstances in which negotiations cannot be used by either party as evidence in court proceedings to support their arguments. Our client filed a complaint after problems at work affected his health. The complaint was abused, so we wrote an unbiased letter on his behalf confirming that the delay in responding to his complaint letter increased his anxiety and resulted in a loss of confidence in his employer`s ability to adequately support his return to work. We proposed a 6-month wage settlement agreement and other benefits because the client had to support a request for constructive and unfair dismissal. Our labour lawyers can help you step by step through the process and draft the settlement agreement for you to ensure it meets legal requirements and is consistent with what your business wants to achieve. Contact us to find out what services we can offer you.

For example, if you reject the proposed agreement, you may be able to seek compensation in an employment court. The incentive to pay yourself more money is that in return, you agree not to make any legal claims. This letter is the employer`s response to our letter in which it appeals the dismissal of our case in which the client was dismissed after reporting misconduct. The employer also tried to offer him only 3 months` salary, when it was supposed to be 3 years! This is one of a series of 4 letters in this case (2 on each side), j), k) and l) are the rest of this case. If you don`t think it`s reasonable, you can ask them to increase it or turn down the offer and go to court. If you stay active, your employer will have to pay you compensation so that you can leave. In most cases, when an employee retires without a count, the employer waits for the employee to return a entitlement before the count. This settlement agreement includes the payment of a tax-free bonus of more than £30,000 into an employee`s pension fund. The model is primarily aimed at employees who are about to retire. It is not best suited for young workers, as pension benefits will not be available to them for a long time. Your employer will usually pay a certain amount of money to the employee`s attorney`s fees under the settlement agreement.

This will help you pay for the legal advice you need to make sure you get the best result. • Payment in lieu of termination • Indemnification of [£amount] • An agreed referral • Payment of my legal fees for advice on the settlement agreement. When determining the amount of money to offer you, it should be noted the following: Our client`s employer offered a counter-settlement, to which this letter without prejudice is our response. We have proposed an exit agreement, and the employer`s response to this question is included in the impartial letter. Your reasons for negotiating a settlement may include factors that an employment court would not consider. This may include: In the language of the employer, this unbiased letter explains how significant tax savings can be achieved by accepting this letter and singing a settlement agreement with you. Some employers offer outplacement support. This is usually a guide to finding another job, help with creating a resume, and help with job interviews. The goal is to prepare you for the job market. You may want to ask your employer to include it in the agreement. This unbiased letter is written on behalf of a client who was unfairly dismissed, reinstated on appeal, and then had to resign. Numerous serious violations of the employment contract were committed by the employer, including: breach of trust, failure to comply with established disciplinary and complaint procedures, and arbitrary action.

All this was added to the decision to reinstate our client after his resignation. To reflect the basic arbitral award and the loss of legal rights and merits, we have proposed a settlement agreement on its behalf. .

Joint Operating Agreements a Practical Guide Pdf

Saturday, April 10th, 2021

The Joint Operating Agreement (JTA) is one of the fundamental contracts in the world of oil projects and often the starting point for other important agreements relating to the processing, sale and transportation of natural gas and crude oil. The Joint Operating Agreement (JTA) is often used in the oil industry as a contractual framework for joint ventures on different continents and standards. The first part of this book deals with considerations before concluding an JOA, such as . B compliance with corruption laws; standards, practices and procedures throughout the petroleum industry; Applicability of the OJA and understanding of decommissioning obligations. The second part focuses on the key clauses of an OJA that cover issues such as health and safety considerations; liability and insurance; and control of operations and expenditures. This is a unique publication dedicated to analyzing all those important practical issues faced by oil and gas companies in different parts of the world when negotiating and implementing an JOA in a single book publication. * Views taken on Cambridge Core between #date#. This data is updated every 24 hours. The JOA allows for long-term joint developments between groups of companies that have come together (often from different legal, commercial, cultural and political backgrounds) to share the high costs and risks that are inevitable in large oil exploration and production projects. It establishes common operational standards for use in developed countries and emerging markets. Full-text views reflect the number of PDF downloads, PDF files sent to Google Drive, Dropbox, and Kindle, and HTML full-text views for chapters in this book. To send content to your Kindle, first make sure no-reply@cambridge.org is added to your approved personal document mailing list in your Personal Documents settings on the Manage content and devices page of your Amazon account. Then enter the “Name” section of your Kindle email address below.

Learn more about sending to your Kindle. Author Peter Roberts is a partner at the international law firm Ashurst LLP and former General Counsel of Centrica Energy. He is Editor-in-Chief of the Journal of World Energy Law & Business, former Chairman of the Oil and Gas Committee of the International Bar Association, a member of the appointing authority and the Society of Petroleum Engineers, and an occasional lecturer at the University of Dundee. He is also the author of Gas Sales and Transportation Agreements: Principles and Practices. The summary views of the book reflect the number of visits to the landing pages and chapters of the book. To submit content to your account, please confirm that you agree to comply with our Acceptable Use Policy. When you use this feature for the first time, you are prompted to allow Cambridge Core to log in to your account. Learn more about sending content to. The views of the operator and non-operator will be discussed, as well as the review of national and international standards that will apply to an oil project.

The new issue highlights the changes in the joa world since the first edition, including the consequences of the Macondo incident, the Association of International Oil Negotiators (APPOINTA) has proposed a new JoA revision, and JOA`s role in growing unconventional development. You can save your searches here and view them later and run them again under “My Saved Searches”. Note that you can send to the @free.kindle.com or @kindle.com variant. “@free.kindle.com” emails are free, but can only be sent to your device when connected to Wi-Fi. “@kindle.com” emails can be delivered even when you`re not connected to Wi-Fi, but be aware that service charges apply. .

Alternative Workweek Agreement Sample

Thursday, April 8th, 2021

In this particular series on alternative work weeks, we`ve delved deeper into how employers can bypass daily overtime requirements by using alternative work weeks like 4/10 schedules. In Parts 1 and 2, we discussed the detailed rules that apply to setting up an alternative workweek program, and last month, in Part 3, we explained the steps to take to dismantle one. This month, in the fourth and final installment, we are providing three forms – a sample proposal, a ballot and an agreement – to help you simplify the alternative adoption process for the work week. ___ I am unable to meet the alternative work schedule and I am requesting adequate accommodation. ___ I am voting in favour of rejecting the alternative work week described above. [The company] suggests the following regular alternative work week: [Specify the schedule, including the days of the week and the exact hours of the day]. [The company] shall propose the following alternative work schedule [or a menu of work schedule options that each employee may choose according to his or her choice]: [Specify the exact days of the week and hours of work per day; the duration of unpaid meal breaks; and, where applicable, a schedule for each shift]. [The company] will not reduce an employee`s regular rate of pay in [Specify work unit] due to the adoption, cancellation or modification of another weekly schedule. [The Company] will endeavor to find a work schedule that does not exceed eight hours per day for each employee who has the right to vote on this proposal, but who is unable to meet a schedule set by the election. [The Company] may also, in its sole discretion, provide a work schedule of not more than eight hours per day to accommodate any employee who is hired after the election and who is unable to work according to another schedule established following the election.

[The Company] will also consider all other reasonable means available to reflect an employee`s religious beliefs or customs that conflict with an adopted alternative weekly schedule, as required by law. ___ I am voting in favour of accepting the alternative work week described above. I understand that if this timetable is adopted by a two-thirds vote of the workers concerned, I will not be entitled to pay daily overtime unless I work hours that go beyond this time. [Specify benefits for employees in another work week, such as more. B days off per week, more time for family, etc.] The Human Resources Management and Compliance Report: How to Comply with california`s Payroll and Hours Act explains everything you need to know to comply with the state`s complex and ever-changing rules, laws, and regulations in this area. Coverage for premiums, meal and rest breaks, overtime, alternative work weeks, final paychecks, and more. Without your approval of this proposal, [companies] will generally not approve other hours of more than eight hours of work per day, as this would require [companies] to incur an increase in the daily costs of overtime. 2. Double the time.

Employees receive twice as much working time of more than 12 hours per day on a regular working day and more than eight hours on days when there are no regular working days. 1. An hour and a half. Employees are given an hour and a half to work more than 40 hours per week or beyond the established schedule, up to 12 hours per day. The [Specify date(s), time and place(s)], [Company] will hold an employee meeting to discuss the new schedule and the impact on you. Your participation in the meeting is mandatory. If you are unable to attend the meeting as scheduled, please notify your supervisor immediately. If the proposed work schedule is adopted, employees of the [Work Unit specify] are entitled to overtime pay only as follows: To adopt the proposed work schedule, at least two-thirds of the employees of the [Work Unit specify] must vote in favour of the proposal.

If the proposed schedule is adopted, employees of the [Specific Work Unit] are only entitled to overtime pay for work that goes beyond the presumed schedule, and not after eight hours a day. The proposed schedule will affect your employees` benefits by: [Provide details of changes as needed; p.B. the impact on the delineation or use of paid leave]. On [Specify Date], employees of the [Specify Work Unit] voted by at least a two-thirds majority to implement a new work schedule as follows: [Specify the new schedule or menu of schedule options, including days of the week and exact hours of work per day]. Under the new schedule, employees can work up to 10 hours a day without having to pay daily overtime. The new schedule will come into effect on [Specify date]. Ballot Control No. [To avoid manipulation of ballots, provide a unique number for each ballot that does not identify the voting employee.] [The company] is pleased to inform you that employees of the [specify .B work unit, e.g. department, department, job classification, shift or separate location] will soon have the opportunity to vote on the implementation of a new work schedule. Under the new schedule, employees would work [p.B specify four 10-hour days per week]. [Note: You can use this form to allow employees to choose their schedules after a successful election.] [If the company suggested a menu of scheduling options, insert the following language:] The employee must choose his or her new schedule from the various schedule options approved by secret ballot following one of the following statements: [The Company`s] decision to submit this proposal is in light of California`s Daily Overtime Act, which requires [the Company] to pay daily overtime to non-exempt employees who work more than eight hours per day. However, under the proposed new schedule, employees can work up to 10 hours a day without having to pay daily overtime.

Proposal to adopt another regular work week The election will be held on [specify date(s), time and place(s)] by secret ballot. Employees who do not intend to be at work on election day may complete a postal vote on [specify date(s), time and place(s)]. Photo ID is required for all votes. ___ I agree to change the new schedule as indicated above. .

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