The Review has joined forces with local solicitors Debenhams Ottaway to offer our readers the best lgeal advice.

Below partners Howard Kent and Louise Attrup answer readers' questions on parking and holiday entitlement.

Parking Dispute My disabled mother-in-law's flat's deeds confirm an allocated parking space in front of her property, in common with her downstairs neighbour's deeds. However, unfortunately the physical space available is not quite sufficient to park two cars abreast.

My mother-in-law does not have a car, so her neighbour usually has unfettered use of the available space. In the past, when we have visited, we have reached agreement with the downstairs flat to ensure parking for both flats by working together - one party 'blocking in' the other by parking in the road adjacent.

Recently a new tenant has arrived. Not only is he completely uncooperative, but he has in addition parked an untaxed campervan in the parking area which is never moved. He further insists on parking in the road in front of it so eliminating any facility for us.

Were there other close by parking availability we could live with the problem, but the area is usually crammed with vehicles, necessitating our having to park some considerable distance from the flat. We have tried to reason with the neighbour, and have written to him, but as said we have not received any cooperation.

What options are open to us to resolve this situation?

Howard Kent, Partner, Debenhams Ottaway responds: From the information you have given, as the lawful visitors of your mother-in-law are being prevented from accessing her allocated parking space, your mother-in-law might be able to threaten or bring a claim for trespass which would be for damages/an injunction, or both against the neighbouring leaseholder.

A similar claim, based on nuisance might also be feasible.

Depending on what the lease itself says it may also be possible to put pressure on the freeholder to take action against the neighbour to enforce the covenants in the neighbour's lease.

As an initial step it would be appropriate to write a formal letter of claim to the neighbour stating that unless he/she allows visitors of your mother-in-law unfettered access to use her designated space she may have to resort to proceedings. Depending on whether the neighbour's response is cooperative, or hostile, it may also be appropriate to write a formal letter to the freeholder at an early stage.

Before deciding which course to take someone needs to take further instructions to obtain more background information, to review the correspondence with the neighbour and also to be provided with a copy of the lease.

Before deciding which course to take, we would recommend that you instruct a solicitor so that more background information can be obtained and the lease and the correspondence with the neighbour can be reviewed.

Holiday Entitlement We are a small company employing ten people. We have been told by ACAS that we have to give 28 days paid holiday, including Bank Holidays, to all our staff. As a small company and in this economic climate we would find this financially challenging.

We have always paid 24 days holiday, including Bank Holidays; we would like to retain this. As we are about to renew their contracts we would like one of the conditions to be 24 days paid holiday. If this condition is put into their contract and the employee has agreed and signed to these conditions would it be legally acceptable?

Louise Attrup, Partner, Debenhams Ottaway responds: The Acas advice you have received is correct. The minimum annual leave which employers must provide to their full time employees is four weeks plus bank holidays (usually a further eight days). This equates to 5.6 weeks per annum. The entitlement was increased from 24 days inclusive of Bank holidays in April 2009, by virtue of an amendment to the Working Time Regulations 1998.

After the first four weeks have been taken in a year you can allow carry over of the remaining 1.6 weeks to the next year, but you cannot pay in lieu of the holidays being taken, other than when the employment terminates. (This practice of paying in lieu instead of allowing employees to take their leave, is sometimes called 'rolled-up holiday pay', and is unlawful).

The minimum entitlement of 5.6 weeks should be pro-rated for part time staff including, other than in limited circumstances, the bank holiday part of the entitlement.

You cannot lawfully contract to provide less holiday than this. If you do insert lower holiday entitlement in your contracts of employment, the provision will be void/unenforceable. If you do not allow your staff to take the minimum leave entitlement, your staff could issue an Employment Tribunal claim against the company requesting compensation, which can be for an amount which the Tribunal considers just and equitable (likely to be at least pay for the number of days' holiday the employee has been denied).

Debenhams Ottaway sympathise with the financial and administrative burden this and other employment legislation places on small and medium sized employers. The reality is that, some businesses have to make cuts elsewhere to fund these new employee entitlements.

If you think you may need to reduce staff numbers or pay in consequence of this new law, we strongly recommend that you take specialist employment law advice before implementing any rationalisation programme, in order to protect your business from subsequent unfair dismissal claims.

Have you got a question? Email it to legaleye@dolegal.co.uk