Q:

Can a house be sold by a lender if it has not been repossed first?Must the property be repossed before any lender can sell the property on the open market?What authorisation does the land registry require to change the legal ownership of a property?If you could answer these basic questions it would be appreciated. Further information is available is relation to the above questionsif required. Thankyou. by Jonathon Poggiani

A:

Thank you for your question. I will provide as much guidance I can with the limited information in front of me from your email. In the usual course of events it would be necessary for a lender to seek an order for sale via possession proceedings to effect a sale and they would then proceed to sell the property as mortgagee in possession in accordance with the terms of the mortgage secured on the property. In these circumstances there would be no change to the legal ownership of the property as the mortgage deed provides the necessary authority for the lender to sell the property and sign all the necessary paperwork in place of the registered legal owner under their power of sale. I hope this assists. .

Q:

We own our own house and wish to know if it is best to transfer the property to my son and daughter before we both retire in five years. The reason we ask is because we have been told we could claim extra benefits to top up our pension if we dont own our property and rent it from family. We are both now on low income and will only have a small private pension when we retire. thanks Barry by barry emsley

A:

Thank you for your question. My advice is to discuss your personal situation in much more detail before making a decision to effectively deprive yourselves of probably your largest asset as well as your home. Although it is one option in relation to your property there are many others which would mean that you retain ownership and control of your home - equity release being one of them. Before proceeding with this further I would strongly recommend that you obtain advice from a lawyer and/or financial adviser to be in full possession of all of the facts and risks to you. If you would like further advice on this subject from a legal perspective please confirm and I will arrange to contact you further. .

Q:

We purchased a house 2 months ago and the septic tank system needs replacing. The tank & soakaway are in a field behind the property and we have an easement in our deeds to allow us access to clear, maintain or renew the tank & soakaway. The owners of the field want us to move the septic system on to our property but we only have a small plot and the nearest public sewer pipe is some distance away and uphill from our property so the cost to go on to mains drainage would be excessive. The new septic tank & soakaway would have to be positioned in a different area from where they were originally sited to allow the water logged soil in that area to dry out. We want to solve this amicably but I am not convinced that the other parties will be interested in anything we have to say. The easement does not mention whereabouts in the field the septic tank etc has to be situated so do you think we have a legal right to put in a new system. The environmental agency have been to see us and we are keeping them informed of progress. Hope you can advise - I'm feeling very stressed about our new home - needless to say we were not informed of this dispute during the sale process! Thanks - Lin by Lin

A:

Thank you for your question. In order to advise accurately on your question I would require sight of your title deeds. For general information I have had to make an assumption that the waterlogged soil is spilt sewage and hence the involvement of the environmental agency. If this is the case the easement cannot operate a defence for a claim of neuisance where raw sewage is being discharges as this could not have been contemplated at the time the easement was granted. If your neighbours commence an action more details of the leakage would be required. In addition to this I note that you state that you were not aware of this position at the time of purchase - again this is another avenue that you could potentially look to pursue. For accurate advice full information would need to be disclosed. .

Q:

Hi, i separated from my wife and our home is now under offer. my solicitor requested the deeds for the house and when i asked him to give me a price for the work he was going to do he wouldn't give me one, he was rude and hung up the phone. the same firm was dealing with my matrimonial issues as well i have had to now move to a different solicitor and having paid the old solicitor in full for the work all ready done he refused to release the title deeds and i have now had to prolong the sale of the property. My new solictor now has the deeds but the land registry certificate is still with old solicitor and he will not release it!!!!! I am at my witts end have tried the law society, my building society, and local MLA and no body can help. Can you please advise me if there is anything i can do??? Many thanks Jonny by Jonny

A:

Thank you for your question. It is always unfortunate when the relationship breaks down between client and their solicitor. It is usual for the solicitor to excercise a lien on all papers/deeds etc whilst monies are owing to them. However, following full payment of costs outstanding this information should be released to you. If this does not occur then in the first instance I would suggest that you obtain details of the complaints procedure for that solicitor and make contact with them on that basis. However, I note that you say that the former solicitor holds your land certificate and by that I assume that your property is registered with the land registry. If this is the case then you should be able to proceed with the sale without the land certificate as it is no longer need to prove physical ownership. The central land register itself provides the information needed for your buyer and most historical deeds are now obsolete. I would suggest you speak to your present solicitor about this. .

Q:

I have a on going issue since buying my council house with my neighbours. There is a right of way for my two neighbours round my property to there back yard. There is a lack of appreciation for my family security since any one can use the right of way and go round the back of my property to go to the 2 neighbour property. I am fortunate that I have enough land to move the right of way., So that my proerty can be completly secured. I did ask the council to to move to right of way but they judge that it would not be fair on the neighbours to to walk the extra distance to the back of there property. I have to maintain the right of way and to constantly repairing gates broken over the years. Even putting up boundary fences because the council refused to repllace the fence for the other side of my boundary line. Could you please advise me on my options. WALTER James by Walter James

A:

Thank you for your question. It is clear that you are encountering ongoing difficulties with the right of way within your property. When dealing with rights of way it is important to have full copies of the rights to be able to confirm what your obligations are as to interfer with a right of way can place you in considerable difficulties. In order to advise you fully I would need to have sight of your deeds to check the rights and obligations surrounding the right of way. If you would like me to arrange this please do let me know. .

Q:

Hi, we are moving back to UK due to finicial problems. We have 2 houses in Spain, 1 we have managed to rent, we other we cannot rent or sell at present. The property in 2006 was valued at 230.000E, the mortage on the property is 186.000E we are up to date with the payments but next month our money has run out and we will not be able to pay the mortgage which is 1.100E. We have been to the Bank and asked them to take the property back under Dacio En Pago, we have a meeting with them next week but they are asking for all property title deeds and all assetts and copies of our income which is a pension. We are not sure what to do, do you think it is a good idea to give them all this information and do you have any other advice ? by Greig Thomson

A:

Hi there, Thanks for your question. My advice is to obtain legal advice within the jursidiction that the properties are situated as the law of England and Wales differs somewhat from that in Spain. I would suggest that you obtain this advice as soon as possible in the circumstances. .

Q:

my fiance died intestate but has an 8yr old son he has never seen. will my fiance's estate go to him or can i contest this as I will lose my home as it was in my fiances name. by sam

A:

Thank you for your question, I can see you are in a difficult position. The simple answer here is yes your fiance's son is the next in line to inherit. However, you can make a claim under the Inheritance Family Provision Act 1975 on the basis that you were being maintained at the date of your fiances death. You have 6 months from the grant of Letters of Admin or Grant of Probate to make this claim. However, I would strongly suggest that you lodge a Caveat to protect your interest as quickly as possible. If you would like to discuss this further please do not hesitate to contact me. .

Q:

We purchased our property (barn we converted) in2005. Part of the agreement was that we were to install a water treatment system to serve our property at a cost of £8000 (with an Environment agency discharge licence) as we are not on mains drainage - as the neighbours' septic tank is ancient we had to agree to take effluent from their property into our tank,also. All very well, until since the winter after we moved in , rain water/ surface water and all sorts of other foreign objects have entered our system from their property and now, 3 and a half years on, our tank has been damaged to the point that the pump was totally jammed with nasty debris (used panty liners, etc)from their household as it has flooded causing the pump to work continuously to the point that we now need to replace it. OUr electricity bill is skyhigh and they are not paying a penny towards the upkeep, servicing, etc of the system - also a condition of the purchase. We have had to monitor the flow of water coming through constantly and had to stem the flow of groundwater that is continually messing up/flooding the system and we could be in breach of the discharge licence if we pollute the water course . We have tried to get our neighbours to comply but all they have done is report us to the local government Environmental Health dept saying we are causing them a problem. We have kept notes the whole time and spoken to the conveyancer who dealt with our purchase - he has been helpful but has said that they have an easement to drain effluent to our tank so we are kind of stuck. We need advice from a specialist to see whether we could have that easement removed as they are not fulfilling their side of the contract and have damaged our property. It looks as if it could be costly and we dont have thousands of pounds to pay a litigator. Our solicitor has written once and kindly asked them to resolve their issues but they have just ignored his letter. Ironically, our neighbour is head of science for the Environment Agency. I would really appreciate it if you could point us in the right direction, please by Debbie Curtis

A:

Thank you for your question. I can see that you are encountering considerable difficulty here. It is difficult to give any precise advice on this issue without sight of the documentation including the original agreement. However, it is clear from what you are saying that the environment agency have been heavily involved at both the start and subsequently as a result of the report from your neighbour. In view of the difficulties you are encountering it may be worth you making contact yourselves directly with the environment agency to discuss this issue to see if an amicable resolution can be found. This may be something you wish to discuss with your solicitor. .

Q:

I have co-habited with my partner for just over 2 years, having sold my matrimonial home.- on his insistence - so that we could live together and put an equal share of equity as a deposit on our home. I have a 16 year old daughter from my previous marriage (who is in full time education) and my partner told me our relationship was over in December 2008. We are currently still both living in the same house despite the detrimental effect this is having on my family. I have been trying to secure finance to release him from the mortgage and pay him a lump sum as his share of the equity. I have now received a letter from his solicitor saying he is applying to the court for a forced order of sale. I am worried that if this happens the court will set a value on the property that will not enable me to provide an adequate home for my dependent. I am not in a financial position to seek expensive legal advice and wondered if you could tell me: how long would the court order give me to sell the house, will I be forced to sell the house for a lower price than its market value, will the court take into account the fact that I have a responsibility to provide a home for my dependent. I'd really appreciate some advice as I feel bullied by my ex partner. I have never refused to put the house up for sale on the open market and have clearly stated that should we not reach an amicable that this would be the only option. Many thanks in advance. by Michele Mills

A:

Thank you for your question. I note that you have said that you are looking to raise finance to release your ex-partner from the mortgage. Is your partner aware of this? is this likely to be successful? If so, it is important that you notify his solicitor that that is your intention as this may prevent an application being issued with the court and costs being incurred to do so. If application is issued then there will usually be provision that the estate agents to be nominated and the asking price for the property is to be agreed between the parties (ie yourself and your ex partner) if agreement can not be reached then it would be passed by to the court. However, before it came to that point the solicitors involved will usually seek advice from local estate agents or valuers as to the valuation of the property. The important thing is that you respond to the solicitors acting for your expartner to confirm your position, you may feel better doing this once you have had a chance to speak to a solicitor about the full aspects of the case. If you would like to discuss this further please do not hesitate to contact me. .

Q:

hi sorry i didnt go into much detail in the last message but me and my partner are a lesbian couple we are getting harrasment from people in the area and beens nobody else is getting the harrasment the council n also the police dont believe us we have recently had a meeting with the council the only thing they have offered is to put me and my partner in a hostel while they investigate our situation but we do not want to go into a hostel all we have asked for is a 2 bedroom flat near friends and relatives the other thing we have told the council is that we want to adopt a child together the council have said they cant move us till we get the checks done by the adoption agency but the adoption agency wont do the checks until the council move us into a 2 bedroom property \r\nanyway hope to hear from u soon kind regards\r\nlisa cooper by lisa cooper

A:

Thank you for coming back to me with more details. Unfortunately, this is not my area of specialism and you will need to consult with a lawyer who specialises in housing law to ensure that you receive full and proper advice. I would recommend that you contact your local law society or citizens advice bureau who should be able to point you in the right direction. Good luck

Q:

solicitors sold my parents house due to bankruptcy and an order of the court's and paid the remainder of the money into the courts which belongs to my mum. the question is as my mum got a time limit on drawing out the money? it has been in the courts for roughly 2 years maybe a bit longer. my mum is now worried that they may have put a time limit on it for it to be drawn out\r\nkind regards\r\nian by Ian Bourne

A:

Thank you for your question. I have spoken to one of my colleagues about this who specialises in insolvency. She has said that it is very unusual for a balance to paid into court following a straightforward sale following bankruptcy. I would suggest that you contact the court to obtain further information.

Q:

me and my partner are getting harrasment from people in our area but the council will not move us the only thing they have offered us is a hostel what can we do as we really want to move closer to friends and family for support \r\nplease help us by lisa cooper

A:

Thank you for your question - it does sound like a desparate situation for you. You will need advice from a lawyer who specialises in housing law to provide you will correct and thorough advice on your problem. It would be worth also talking to your local citizens advice bureau to see if they can assist you. Good luck

Q:

My wife & I are joint owners of a two-bedsemi which we purchased about 12 years ago. It is now empty & we wish to sell. Are we liable to pay capital gains tax? I thought this was to do with business properties. If we are liable are there ways of getting around this problem as this is our only asset and we need to make as much as possible for our retirement. I have been retired through ill-health and our finances are not very good. If we moved to this address as our home, then sold it would we still be liable? If I moved in on my own then sold the property would my wife still be liable for half the CGT? by Peter Wing

A:

Thank you for your question. The area of capital gains tax is complicated and although I will give you as much information as possible I would strongly recommend that you obtain advice from a tax lawyer/accountant before making your final decision.\r\nThe basic position is that you are liable to pay CGT on any property which is not your main residence and therefore on the face of it you are liable. \r\nThis position can change if the property becomes your main residence and you notify the inland revenue of this but there will be time restraints on how long you need to live there before this will be taken into account\r\nIf it is a jointly owned property then the expectation from the inland revenue is that you would both reside in the property as your main residence.\r\nThis is very basic information and you can obtain further information from the government website www.direct.gov.uk. As I have said earlier before your make a final decision of the best way to proceed I would strongly recommend that you obtain advice from a tax specialist.

Q:

hi my mum died 7yrs ago and my brother myself and sister were left my mums half of the house, and my dad the other half.my parents had been happily married for 40yrs right until her death.my father remarried 2yrs later and asked his bride to be if she would agree to signing paper work which he had drawn up by a solicitor that we all signed that if he was to die before her that she would have a home until her death he was leaveing his half of the house to us 3 children.i stopped going to the house after she told my father that she wanted any pictures of my mum removeing either out of sight or out of the house.a couple of years ago i was asked vai another family member to call to the house and sign a solicitors paper my dad had drawn up no explanation of what it was for just sign come down and sign it.i was quite angry that he didnt speak to me himself i basically found out that he wanted to sign over his half of the house to his wife i refused after he told me if he owned the entire house over to her.to be honest its not the fact he would of done this but the way he went about i have told him to right me out of his will this was 2yrs ago now.a family member has approached to say didnt you think that your father needed you to sign the papers as he signed his share of the house over to you children back when we children first signed to agreeing to his new wife living in the huse till she died.so what i wanted to know is if i approach my fathers solicitor am i entitled to a copy of those papers i signed and if i wanted to sell my share even tho theres the claws of them still living there am i able to do so as i have someone interested even tho they know they would have to adhere to the claws.i look forward to your answer and thanks mandy. by mandy matthews

A:

Thank you for your question which I have read thoroughly. There has obviously been some complicated transactions during the time since your mothers death and it is not easy to provide advice on the information provided without details of the documentation.\r\n\r\nThe important thing in the first instance is for you to find out what the actual position is and to obtain a copy of the trust documentation that has been signed and is in existence. The solicitor that drew this up should be able to forward a copy of this to you as one of the parties to the deed - they may wish to obtain your fathers consent before doing so depending upon who instructed them as their client. However, you will need to clarify what further documents have been signed since and the present position with the property. \r\n\r\nIf the property is subject to a trust of which you are a beneficiary it will depend on the terms of that trust as to what you can and cannot do.\r\n\r\nI strongly recommend that you obtain independant legal advise on this from a lawyer who specialises within the area of trust law. Your local law society should be able to give this information.\r\n\r\n

Q:

Hi if my house is sold upon my death is it possible to leave unequal shares to my 4 kids. by kathy

A:

Thank you for your question. If your house is owned solely by yourself (ie no other legal owners) you are free to leave it to whomever you chose in whatever shares you feel appropriate. Your wishes should be expressed in your Will and I strongly recommend that you arrange for a solicitor to draft your will for you to ensure it properly reflects your wishes. If you woulld like me to refer your details to a member of my firm that deals with this area please let me know.

Q:

On a recent visit to the house my soon to be ex-husband attacked me from behind, knocked me to the floor and kicked me like a football. I called the police, he was arrested and released on police bail and I spent the evening at A&E. I left the family home nearly 18 months ago for various reasons. He has changed the locks to the house and his sister who is visiting told me that he asked her not to let me enter the house and to inform me that he changed the locks on police advise. I rang the police and they say that they would never advise anyone to change locks on a jointly owned property. Could you please tell me what my rights are? I do not have legal representation at present. Should I hire a solicitor? Could he prevent me from going to my home of 20 years? My son’s and my post still come to the family home and especially for my son all the potential employers letters. I am very distressed. THANK YOU! by napura

A:

Thank you for your question. You are clearly in a very distressing situation. In view of the content of your question I feel you would be better directing this to the family lawyer on the Legal TV panel as this is clearly a family law issue rather than a property law issue although it affects your family home.\r\n\r\nGood luck

Q:

My brother and I wish to take out a joint mortgage on a property fairly soon but he will out of the country serving with the Army for the next 3 months. Is there any way of signing the paperwork myself and then transferring him onto the mortgage or any other way round this? Thanks by Ruth

A:

Thank you for your question. If you are buying the property jointly and your brother is to be a joint owner of the property and mortgage it is possible to nominate another person to act in his place during his absence from the country. This is done by way of a power of attorney.\r\n\r\nHowever, it is important to note that this attorney must be someone other than yourself and the mortgage lender you are using must be comfortable with the mortgage deed etc being signed by that attorney.\r\n\r\nThe solicitor dealing with your conveyancing will be able to advise you on this but it is important that it is resolved before your brother leaves the country.

Q:

We have the wrong name on our ground rent bill and we have been asking them for a year to put this right, without any success. We haven't paid anything towards this years ground rent because we feel this should be rectified, where do we stand, legally? by Paul Bellamy

A:

Thank you for your question. Have the company to whom you pay the ground rent advised you as to why they are addressing it to someone else?\r\nUsually when you buy a leasehold property your solicitor will serve notice on the landlord to tell them that the ownership has changed. If your solicitor has not done this then the landlord may not have updated their records. Check with your solicitor.\r\nIt will usually be a condition of your lease that you do pay ground rent during your ownership and a landlord can claim up to 6 years rent in arears if it has not been paid. So either way you will be liable for payment of ground rent from the date of your purchase.

Q:

my husbands mother left her house to my husband and his brother.after her death in jan 2000 the house was to be sold and divided between the two. up to date his brother has refued to sell he lives in the house and my husband has given him enough time my husband needs the money to pay ourmortgage as he is due to retire and i have retired his brother is 55 years what are his right as it has been left so long thanking you v,cherubini by virginia cherubini

A:

Thank you for your question. I am assuming that your husbands mother left the property to your husband and his brother via her will. If so within the will there should be executors who are responsible for ensuring that the terms of the will are carried out. There should also be a grant of probate granting the rights to the executors. It is important to establish whether the grant of probate is in place and who the executors are. In any event I would strongly recommend that your husband approaches a solicitor who deals in probatem to obtain further advice as to the best way forward. If you would like your details to be passed to the probate department within my firm please let me know.

Q:

Hi\r\nMy partner bought a property for his much older brother 23 years ago. They agreed to become joint tenants on the understanding that the house would become on death the sole property of the remaining brother.After enjoying full use of the house along with his partner for all those years, and without consulting my partner, he has chanded the title to Tenants in common. Our question is this. If the said brother dies first and leaves his half of the property to his partner, could she be asked to leave in order that the house be sold and the proceeds shared? or would it be in my partners legal right to occupy part of the house, or even ask for rent.\r\nHope you can be of help. by Shirley

A:

Thank you for your question. When a property is held as joint tenants/tenants in common it is held on what is known as a 'trust for sale' that means that the property is owned jointly during the time that all legal owners are happy for it to remain that way. However, once one or other of th legal owners no longer wishes to own the property and instead wants to realise their interest ie to sell then the property should be sold and the owners change their interest from an interest in the property to an interest in the proceeds of sale. The difficulty is when one of the parties does not wish to sell and makes it difficult to do so. If this becomes the case then it is important to consult a solicitor and ultimately decide whether you are prepared to make application to court for sale if needs be.

Q:

hi i have a dispute over a property with a relitive .we transfered the on to her name and took declaration that he will give it back to us when we require but he denies that and we have witness and declaration with his singnatures ... problem is that he is out of countr or if she is here we dont know where haw can we serve the summons to him lawyer is not accepting ... by imi

A:

Thank you for your question. It is very difficult to assist you on the limited information I have. I strongly recommend that you consult a solicitor in your area and take with you a copy of the agreement to which you refer to check the legality and enforceability of that agreement before deciding the best way to proceed.

Q:

In case of a house repossion how long can a bank or building society can demand the short fall from a person.\r\n\r\nFor example a house that was reposessed 10 years ago or more can they sell the debt to debt recovery company. And does the mortgagee have to pay.\r\n\r\nPlease reply as soon as possible. by Haleem

A:

Thank you for your enquiry. As a general rule this will depend on whether a money judgement order at the time of the repossesion hearing. If it was then strictly speaking there is no set time limit for recovery. However, if the order was made over 6 years agao then lender will need to reapply to the court. There is a general understanding that there is a limit of 6 years on recovery of interest and 12 years for recovering of capital sums.\r\n\r\nIf there is a significant length of time since the repossession then I would strongly recommend that you obtain legal advice on the particulars of your individual case as soon as possible.

Q:

I am a tenant of Islington Council. I am severly disabled and my husband is a pensioner. The Council arranged for British Gas to come and remove the old boiler last monday and install a new system.\r\n\r\nThey were supposed to be here between 8am and lunchtime on Tuesday. The gas fitter arrived at 4.30pm on that day and said that "...as it was so late he would just drop the stuff he needed in and would start the installation on the following day". \r\n\r\nHe came on the next day and started the installation. By the end of that day he realised that it was going to be more complicated than he initially thought and telephoned his supervisor and asked for some help. The next day there were two engineers turned up and by the end of that day they still had not finished.\r\n\r\nThe following day the original workman turned up and finished off!!.\r\n\r\nAn hour after he left there was loads of water pouring down my bedroom wall. I telephoned the Council and switched off the water as instructed. I was told that the engineer would be with me again the following morning at about 9am. He turned up on Friday at 6pm and worked through until 11.30pm whereupon he assured me that everything was going to be alright. Within half an hour of him leaving it was pouring water down my bedroom wall again.\r\n\r\nI had a plumber from HCI come out and he turned my water and heating off for the whole weekend and I had to wait until monday before the engineer would come back.\r\n\r\nOn the monday he turned up and fixed it again but it still leaked. \r\n\r\nHere we are some 11 days later and they have just managed to get it fixed. I now have to have my bedroom redecorated because of the water seepage and replace my carpets downstairs as they have been soaked for so long.\r\n\r\nIs there some form of compensation that I can demand from Islington Council and do I have to sue them! by Lisa Mitchell-Smith

A:

Thank you for your question. This sounds like a pretty awful situation to find yourself in. In relation to whether you have a claim against Islington Council you will need to obtain advice from a solicitor who specialises in housing law, I in fact specialise in residential property law which is a different area. The citizens advice bureau or local law society should be in a position to provide you with appropriate lawyer details in your area. It is also important to consider whether this damage would be covered under your household insurance policy if you have such insurance. Good luck

Q:

I am a leaseholder of a city aprtment. I wish to remortgage to obtain a better deal i.e change my bank. However the freeholder is charging a notice fee of £96. Is this normal and if so will i be charged everytime i remortgage to save money. by Bhavesh Patel

A:

Thank you for your question. It is quite normal for a freeholder to make a charge for a notice fee whenever there is a change of mortgage and/or ownership. This will be referred to within your lease although the amount can change. If is of any compensation to you a charge of £96 is not particularly high for this service and often it can be significantly more.

Q:

I posted a question below about my housemate restricting my service to Internet and TV services and you Thanked me for contacting you but did not give me a reply. Are you able to advice me on the question I asked \r\nMany Thanks \r\n\r\nBen by Ben Wrigley

A:

Apologies. The system had jumped to submit the response before I was able to go into any detail. If you remind me of the background to your question I will respond as fully as possible. I look forward to hearing from you.

Q:

i leave in friends single flat, my friend leave with me. i expecting have baby march 16. my friend would like i move but i dont have any place to go. i apply 08 month ago for consul house and they ready knows that i have to leave this place. but im any way still have band 3 and when i apply for property im all the time last. pls can i get advise what i have to do. by Audra

A:

Thank you for your enquiry. You find yourself in a very unfortunate situation so near to the birth of your baby. If you are encountering difficulties in your application with the council for accommodation it may be worth exploring the other possiblities ie. whether you are entitled to any welfare benefits which may allow you to rent in the private rental sector. To check out your entitlements and options contact your local citizens advice bureau and see if they offer a welfare benefits advice service and/or if there is a solicitor in your area who could assist you. Good luck for the future and the birth of your baby.

Q:

Hi, I rented a room in the flat I live in (rented from the owner). The flatmate I had was stay as a minimum till 31st March and after that to leave was to give a months' notice. On feb 1st she said she wanted to leave and as we didnt write it down that she had to stay for the minimum period she was not bound to. The only written part was the paper where I stated that I collect 400 as a deposit refundable unpon her leaving the room in good condition. This was the only condition written down cos she said she would stay for the minimum period. She has now threatened to take me to court for the 400pounds as she still has the paper I wrote it on. She paid a monthly rent was was supposed to stay a minimum period and after that period elapsed, must give me a months notice. by Dami Ade

A:

Thank you for your enquiry. The situation you find yourself if is obviously quite complicated and of great concern to you. It will depend upon whether the agreement that you have reached between you can be seen as a contract and therefore enforceable by either party. The other side of this is whether you obtained consent to rent a room within the property from your own landlord as this could potentially cause you difficulties if this becomes more complicated. The first step is to try and communicate with your flatmate to see if an agreement can be reached between you in relation to settlement. If this is not possible or has already failed then I would recommend that you obtain advice either from your local citizens advice bureau or a solicitor in your area providing them with the paper that you had agreed between you during the time that your flatmate was living in the property.

Q:

I'm a co-own of a home, the second own has not live in the home for over 2 years. I have offered to buy him out of the house but he refuses to sell. He has not paid the mortgage payment in two years. Can I legal change the lock on my home? I'm scared that he can enter the house when were he wants, I'm not scared for my life but do fear that he will try and steal my dog or do something to the property. by Laura

A:

Thank you for your enquiry. I understand it can be difficult when a the relationship breaks down particularly when it involves a jointly owned property. During your ownership you are both equally entitled to live in the property unless there is an injunction or something of that type preventing one from doing so - that does not appear to be the case here. There is also no requirement for one to sell to the other. However, the situation can clearly not continue and you may wish to consider looking to sell the property. There are many questions that you need to ask before you make a final decision and I would strongly recommend that you obtain legal advice from a family lawyer before deciding how you wish to proceed. LegalTV do have a family lawyer on line also that you may wish to contact.

Q:

hi there.we moved to a new apartment on 31 october 2007 and signed a lease agreement for 6 months but the estate agency did not give us our copy.in december 2007 the estate agency went bankrupt and handed over the property back to the owner who wants us to sign another lease agreement and to pay another deposit. our initial deposit was not protected against so we dont know whether to sign the new agreement or not or whether we will get our deposit back.thank you\r\n by cosmas

A:

Thank you for your enquiry. Before you sign another lease you need to ensure that the previous lease is properly checked and you obtain advise on this. If the original lease was between you and the landlord then the fact that the estate agent is bankrupt should not effect the agreement if it is direct between you and the landlord. In the first instance ask the landlord for a copy of this and confirmation of the whereabouts of the deposit as this may have been paid directly to the landlord if it was before the deposit was protected under a protected deposit scheme. If you are being placed under pressure by your landlord I would suggest that you contact your local law society to locate a solicitor in your area who can assist you. Alternatively, contact your local citizens advice bureau to see if they can help. Good luck

Q:

On 2nd January 2008, I came back to my house in Lincoln after the Christmas vacation to find that one of my housemates had taken the Virgin Media box belonging to the household. The internet service was also not working. \r\nI have contacted Lincoln Lets ( our letting agent) regarding this matter and they have advised me by saved email that Lauren, my housemate, had not informed them that she had cancelled the service nor did she tell them that she had taken the Virgin Media box. Nor did ask me or inform me that she were taking the Virgin Media box. \r\nShe then informed me that you had cancelled the service via saved MSN conversation. \r\nThereafter, it was established that she had not cancelled the service but changed the passwords restricting my access to the service that I am entitled to. \r\nShe then advised me, yet again, that she had cancelled the service because I did not pay towards a “Set –up / installation fee” even though this was not something that we agreed. \r\nLincoln Lets allow us £25 per month to purchase an Internet and TV package. she did not forewarn me that there was going to be an extra charge until the text message I received from her in January 2008, some 6 months after the package was bought, asking me to pay this additional cost. \r\nAlthough she took responsibility of purchasing this mentioned package, it is the £25 per month from Lincoln Lets that pays for this service; therefore she has no right to restrict my access like she has done by changing passwords for the TV/internet. I have paid £35 towards this service there for it is as much mine as it is everyone else is the house. \r\nI feel like this is a continuance of harassment from her towards me for which she has already been warned about from the University. \r\nCan u help me \r\n by Ben Wrigley

A:

Thank you for your enquiry.

Q:

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A:

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Q:

Hi,\r\n\r\nMy fiance is currently in a legal dispute with his adult daughter over claims to his late wife's estate (she is the late wife's daughter also) and has stopped the sale of his house until she gets her financial demands met.\r\n\r\nShe has recently left the house (her home for 13 years with her father and late Mother would her leaving effectively now make it unecessary for her signature to be required to complete the sale of the house, is there a time scale to this?\r\n\r\nPlease help, I don't live with my fiance but we are planning to marry in the summer this year and buy a property with joint funds. His daughter was happy to leave the property and stay closer to her Mum's family but she has since contacted a solicitor without discussion or warning.\r\n\r\nMany thanks\r\n\r\nHelen by Helen J

A:

Thank you for your enquiry. It is obviously a very involved and lengthy issue that your fiance is involved in and I would strongly recommend that he obtains full legal advice on this issue to ensure he approaches this carefully.\r\nIn relation to the dispute and the house sale this really depends upon how far this has gone and whether the property forms part of the estate of the late wife. If it does then in all likelihood the daughter may have entered a restriction on the title preventing sale or sale may be prevented by the way in which the property was held between your fiance and his late wife.\r\nThe fact that the daughter has now left the property does not necessarily mean that the sale could now proceed. You would need to find out the position in relation to the disputed estate of the late wife and the effect that has on the property before full advice could be provided.

Q:

I live in a student house with 4 other girls. Our contract states that we are not allowd to bring any other items into the house, E.g. Fridges. \r\n2 of my house mates have brought fridges into the house and the humming noise that they make are keeping my up at night. I contacted our letting company and they said it was a domestic despute. I find this verry odd as they are clearly in breach of the contract. I have aske them to remove the fridges but they refuse. I am strdying Law and know that they are in breach of the contract. Is there anything I can do. by Ben Wrigley

A:

Thank you for your question to legal TV.\r\nFrom the information that you have provided it would appear that although the other 2 students may strictly speaking in breach of their contract between themselves and the landlord the landlord does not intend to take action on that breach. It is also important to bear in mind that as the contract is for all 4 of you if they did take action this may also effect your own tenancy unless you have all signed separate agreements.\r\n\r\nIf the landlord does not wish to take action on this then ultimately you will need to decide what is best for you. Whether you are able to speak to the housemates and ask that perhaps they move the items somewhere that is not as disturbing for you.\r\n\r\nUltimately if you feel you cannot live with this situation it is your decision whether you wish to end your tenancy and find alternative accomodation. A handy website to get more information on tenancies and your options is www.shelter.org.uk.

Q:

hello there, i would be most grateful for your advice. my wife and i had a joint mortgage for the last twelve years, i got into debt without my wifes knowledge. i have now transfered the house to my wife and she is now the sole name on the land reg. she always paid the mortgage anyway and she owned the previous house which paid the deposit on the current one, she has always been morally the owner. my debts are unsecured and i am paying them off via a debt managment plan set up with a third party. my concern is if i should die before i have paid off my debts (it will take many years) could the creditors chase my wife as i incured the debts while the house was in joint names? is there a time limit? i got into this mess without my wife knowing, she is however aware now, and i dont want her to suffer. there are no charging orders on the property and all the debts are in my name only. by michael

A:

Thank you for your enquiry.\r\nIt is obvious that you are very concerned for your wifes' future security.\r\nFirstly, dealing with the house itself. It is important to note that although you have transferred the house to your wifes' sole name recently this does not mean that it is necessarily beyond the reach of your creditors. By this I mean that if you are declared bankrupt within the next 5 years the trustee in bankruptcy appointed to deal with your affairs can look at any transactions which have taken place within that time period and if they consider that the proeprty has been transferred purely to place the asset away from your creditors they can look to overturn the transfer.\r\n\r\nIn relation to whether your debts will transfer to your wife in the event of your death this will depend upon the provisions of those debts and the conditions of any contracts entered into etc.\r\n\r\nGood luck with the clearance of your debts.

Q:

hello, my concerns are about a solicitor.My partners mother died and he and his brother inherited the family home. However my partner wanted to keep the house so he paid his brother is share and took out a mortage on the rest of the balance.The solicitor gave him a completion date which was 21-09-07 and he paid the full amount and a deposit on the 12-06-07 and he thought he would have the deeds.Then on then on the 11-12-2007 he had another letter stating that when registering title with the land registry they found that the bank did not send them enough money and they asked my partner to pay so that they could complete matters so he paid them on the 10-01-08.However on the 29-01-08 they have sent another letter asking for more money to pay for the land registry. l would like to know his legal rights ? Also, are the solicitors taking advantage or are they within their rights and what can we do if they are not? Thank you. by sheila james

A:

Thank you for your question to Legal Tv.\r\n\r\nThis sounds like a very confusing situation to find yourself in. I think the first course of action is to request a copy of the completion statement showing all payments in and out within the transaction. This should provide you with a picture of all the incoming and outgoing costs for the transaction and would usually be produced to you before completion.\r\n\r\nIt may be that there has been a change since the original statement was produced and I would ask the solicitors to advise you what those changes are. In most cases provision will be made for errors and ommissions but even so it is important that you have a full picture of what has happened and why.\r\n\r\nIf you remain dissatisfied with the explanation you receive then ask what the internal complaints procedure (they should be able to provide you with a copy Once you have this raise your concerns with them via this policy which should follow strict timescales as to when they will respond to you etc.\r\n\r\nIf you continue to be unhappy you can contact the solicitors regulation board in relation to the issue but you would be required to produce full details of your complaint and the responses you had so far received directly fom the solicitors.

Q:

A very good hello,\r\nFirstly i used to live in my parents house for nearlly 12 years, i have contributed to the morgage and bills, however i am no longer living there now for the last 4 years or so, the problem is that i want to register my interest in there property which is privately owned we did fall out on bad grounds, what my question is that can i register my interest in that property, i have been advised that i can fill in a form at landregistry to register my interest i dont know what form and also if my father does object under what grounds can i challenge him and what will be the consequeces if pass or fail.\r\n\r\nmany regards,\r\nRAJ by RAJ

A:

Thank you for your question to LegalTV.\r\n\r\nThe first question to ask is whether you have actually acquired an interest in the property.\r\n\r\nAlthough you have made contributions to the outgoings of the property it would not be usual for you to have obtained an interest in the property unless there is an express agreement between you and your parents that this contribution was made and received on the basis that you would receive a share in the property. \r\n\r\nThe emphasis would be upon you to prove that this was the case if you are seeking to register an interest and in all likelihood you would be required to submit a statutory declaration setting out details of your interest etc.\r\n\r\nThis application could possibly be by way of unilateral notice but your father would be entitled to object to this when he became aware of it and the burden of proof would remain with you to show that you are entitled to such an interest.

Q:

We commissioned a builder here in Spain to build our dream home, we put him under Spanish Legal Contract with a finish date of 5/6/2007 and a breech of contract of 500 euros per week for every week over. We did not have our home finished although we have sought legal advice here in Spain, we don't understand the Spanish Law, we have asked thedm to put an embargo on the builder to stop him selling or transfering his company but we feel this has not been done. We have taken many photographs of the miss build and the non completed build and an Engineer has been to our house to check this out. But we still don't know what will transpire. We have been begging for our electricity to be connected since May 2007 and as yet we are still not connected, what can we do to prevent the builder getting away with this disaster scot free. If you can help them I emplore you to do so. I have been so ill since we came here I feel it must be the stress of this. I would be happy to answer any and all questions you may have for us I just need expert help. Our Solicitor here does not speak any English and we feel she may not ben working in our best interest, she maybe but the Spanish never communicate the stages of what should happen and what will happen.\r\n\r\nHelp Cheers Peggy by Peggy

A:

Thank you for your question to LegalTV.\r\n\r\nWhat a horrible situation you find yourself in.\r\n\r\nIn order to assist you you will require advice from a lawyer who specialises in foreign property law. This is not a field in which I specialise.\r\n\r\nHowever, your local law society should be able to direct you to a lawyer in your area who does.\r\n\r\nGood luck

Q:

Can a bailiff entering to recover a tax debt take items belonging to my children or indeed my new partner who lives with me?\r\n\r\nIs it correct that they cannot take anything that is in use ie a TV, washing machine etc?\r\n\r\nDo they need a court order to enter? by Steve Dodgson

A:

Thank you for your enquiry.\r\n\r\nMy specialism is in residential property law so I am afraid I am unable to assist you with this query. You will need an expert in this area to assist you.\r\n\r\nAlthough I am aware that bailiffs do have wide ranging powers the exact extent of them is outside my field of expertise.\r\n\r\nThe Citizens Advice Bureau may also be able to help you.

Q:

My landlord since i've tried to move out has been trying to take my deposit money. He just issued me a bill for cleaning my apartment for 90 pounds and its not a real receipt and its a phony document of a shop that dose'nt really exist, contact numbers are fake and shop is actually a convenience store. Its quite obvious my cleaning was satisfactory and he just issued a fake receipt because i asked him to give me one. pls advice.\r\ni am willing to call the police for this matter.\r\nThis landlord is trouble for all his tenants. by Jeswin

A:

Thank you for your enquiry to LegalTV. \r\n\r\nTenants deposits are always a very difficult area for the tenant when it comes to the end of the tenancy and their return.\r\n\r\nFirstly, it is important to find out whether your deposit is held under a deposit protection scheme. This scheme was introduced in April 2007 and offers further protection for tenants surrounding their deposits.\r\n\r\nIf the deposit was paid under this scheme (you should have details of the deposit holder) then you are free to contact the scheme holder and express to them your concerns about the bill etc. They will look to assist.\r\n\r\nIf the deposit was paid outside of this scheme it is a little bit more tricky in that you are required to negotiate directly with the landlord regarding repayment of the deposit and if necessary make application to court.\r\n\r\nA really good website to look at is www.shelter.org.uk which will give you some further information and assistance.

Q:

i have had a charge put on my property.what does this mean,do i still have to pay the debt off. by patrick clancy

A:

Thank you for you enquiry to LegalTV.\r\n\r\nIt will depend upon the terms of the charge whether repayments are required or whether the security of the property and repayment on ultimate sale/remortgage is to take place.\r\n\r\nYou need to obtain full details of the requirements of the charge which would usually be notified to you prior to registration of the charge upon your property.

Q:

Dear sir.\r\nCould you clarify our position with regards the following.\r\n\r\nIn January 2006 my sister husband had died of cancer. She had never liked the house they lived in from the day she first saw it some 5 years ago. \r\nThe mortgage on the house was paid off with the insurance policy on it. She received £50,000 from a life insurance policy he had and a pay out from the company he worked for\r\n\r\nAt the end of April 2006 we made an agreement with my sister to buy her house on a private agreement for £145000. We would pay her a sum each month part off the capitol and the rest as interest. On the sale of our house we would pay her a one off payment like a late deposit. We also agreed that we could move in before we sold our house as I had a large collection of equipment that would have to be moved before we could sell our house. We did put all this in to a written agreement. My sister read the agreement and said it was ok and took it with her but never signed it.\r\n \r\nAt this time her house was empty as my sister had moved in with her boyfriend. My sister had 5 cats and 3 dogs in the house and did not do much in the way of cleaning so, before we could move we had to start cleaning and removing old carpets and furniture. \r\nThen on the 13th June 2006 we had a fire at our house. The loss adjuster did not offer us alternative accommodation so I rang my sister, explained the situation and she agreed that we could move in to her house then. We explained that because of our financial situation we could not pay her any rent but we could get something from the insurance company for the time that the house was having the work done. She received £300+ pounds a month from June 2006 to January 2007. \r\nThe builder who was carrying out the work on our house had expressed an interest in buying it. This would have made everything quite simple but in the end he did not, so we put the house up for sale on the open market. My sister had thought that it was a done deal and was spending the money before she had it.\r\n\r\nMy wife was so worried that my sister would want the house back as it could take some time to sell our house that to alleviate her fear my sister gave us all the keys to the house and even offered us the deeds to the property and said not to worry she would not want it back.\r\n\r\nOn the 24th December 2007 I received a phone call from my sister asking if we could get a mortgage for the £145,000 or we would have to get out of the house as she was in debit and needed money. She did not realise that selling a house could take so long even though we had explained it all to her.\r\n\r\nWe are now in a debit management program due to all the money we had to borrow off credit cards for essentials. I cannot work due to a herniated disk in my back for which I am awaiting an operation.\r\n\r\nPsychologically we could never go back to our house.\r\n\r\nWhat is our position. Are we tenants or are we guests or what. Can my sister just throw us out on to the street? We do not have a deposit to rent somewhere, even if we did, we could not afford to pay rent and a mortgage, so we would have to give our house up which would put us in more debt and we have a case for damages on the house so if we loose the house then we loose the claim for damages.\r\nHas my sister broken a verbal contract between us, and if so can we claim for the work we have done to improved the property by cleaning and decorating, fitted new lights, some new carpets, fitted a new radiator in the dinning room and started on the garden.\r\nIf my sister is in debt is it our problem. To my reckoning she has spent £75,000 on cars, doll, prams, wheels for the prams, loans to friend, designer clothing etc.\r\n\r\nCan you give us any advise.\r\n\r\nMr James and Mrs Vesta Keenan.\r\n by Mr and Mrs Keenan

A:

Thank you for your enquiry to LegalTv.\r\n\r\nIt is clear you are in a very difficult position and not one that can easily be unfolded by one email.\r\n\r\nIn order to assess whether you have a claim and, if so, what claim you will need to instruct a specialist lawyer who can advise you on whether the various agreements and actions taken as a result of those agreements have resulted in an interest being obtained.\r\n\r\nThis is a very complicated area of law and if you are to proceed you would need to be reasonably certain that a trust has been created between you and your sister on which you have acted upon to your detriment. To assess this you need comprehensive legal advice and will need to produce all documentation that you have to the lawyer you chose to represent you.\r\n\r\nI would suggest that you contact your local law society and see if they have a lawyer in your area that specialises in trust law who will be able to provide you with details of the costs of such an action as this is obviously a relevant consideration for you in your present circumstances.\r\n\r\nI wish you luck.

Q:

I am currently occupying a shared student house under an assured shorthold tenancy; this is a joint tenancy agreement with 4 other people. \r\nI have had some problems regarding harassment from my housemates and the police have tried to take action over the matter but are finding it hard as we all live under the same roof and it would be unpractical to issue them with harassment warnings. \r\nThe letting agency that I am with do not want to get involved as this is a civil dispute. \r\nWould I be able to get the people harassing me issued with a non-molestation order ?\r\nKind regards\r\n by Ben Wrigley

A:

Thank you for your enquiry to LegalTV.\r\n\r\nIt sounds as if your situation is pretty unbearable at the moment. In relation to whether you can obtain an injunction you would need to speak to a lawyer who specialises in civil injunction matters. Your local law society should be able to provide you with details in relation to a lawyer in your area who can help you. \r\n\r\nThe other consideration for you is whether you wish to remain in a property where this situation continues or whether you wish to end your tenancy to place some distance between yourself and your housemates. If you are looking to serve notice to end your tenancy there are procedures that you must follow. More information and assistance on this can be found on www.shelter.org.uk.\r\n\r\nGood luck!

Q:

Can the landregistry apply a statutory charge on the property when there is an outstanding legal dispute with the legal service commission even though the land registry are fully aware of this sitatuation but have gone ahead and disregarded this and applied the charge. by Andrew Hinchley

A:

Thank you for your enquiry to LegalTV.\r\n\r\nHM Land Registry will enter details on the register of the property based upon the application they have received from that body. If the application has been properly completed and is supported by the correct documentation then they will proceed to register.\r\n\r\nIf you feel that this information has been wrongly registered then in the first instance it may be worth making contact with HM Land Registry to check their procedure in this circumstance.\r\n\r\nHM Land registry are usually very helpful when contact is made. Alternatively, they do have a website www.landreg.gov.uk.

Q:

can a statutory charge be placed on a property when a solicitor has been foud to be negligent and has submitted his legal aid bill in 2 years after he was found to be negligent and a payment was made to myself which made me exempt frm ay further costs. by andrew hinchley

A:

Thank you for your enquiry to Legal TV.\r\n\r\nI specialise with the area or residential conveyancing. Although the question that you have relates to a charge upon your property the query relates to the action taken as a result of the assistance you have received from a solicitor during the time you were legally aided.\r\n\r\nOn that basis it falls outside of this specialism and must be referred to a solicitor that deals with legal aid and or negligence actions to ensure you receive correct and accurate advice on your query.\r\n\r\nYour local law society will be able to provide you with details of solicitors in your area that may be able to help you.

Q:

Hello, i own a flat as a leaseholder and pay service charges to a mangement company that doesnt do the work they say they will do, i had a leak in my window from water cascading down from the roof through the faulty seals on the guttering and has destroyed my hardwood window !!! but when asked the management co would do absolutely nothing. I warned them that if nothing was done id stop my monthly payment, they did nothing so i stopped it, i then asked them to provide co and annual accounts which they point blank refused then i bought up that they didnt have fire doors and had stored oil based paint in the meter cupboard which breaks british fire regulations and that the fire alarm wasnt reset and there was a key in the system for everyone to use again they did nothing !! finally i went to a tribunal the LVT (leasehold valuation tribunal) \r\nwhere the management co and property management agent openly admitted they held back co accounts and our expenditure, they admitted the building didnt have the correct fire safety and amazingly could not prove to the chairman how he came to the figures and why he was overcharging !! now the reason i am writing to you is in the tribunal the ruling absolutely flabagasted me and my partner as he totally through out the window complaint saying in the lease it said the frame is shared half and half by the owner of the flat and management co, but the surveyor pointed out to him that that meant the frame of the building on another page it says covenants by the management co window frames painted and treated if necessary and fixed by them but he overlooked that totally which ment our windows are still rotten and we still need to sort that ourselves !! the verdict was we got £100 off our bill and the management co got off totally even though they admitted not letting us see the figures (which i believe is against the law) admitted the fire safety of the flat didnt meet the regulations and admitted there was an electrical fault but got absolutely no punishment at all !!! \r\nplease do i have a case as i have all this in writing (officially of them admitting to all this) and could i take it further as the lease states quite clearly it is down to them to treat and repair the windows !!! i really feel they were blatently let off. p.s. there own builders admitted the seals had gone and the property management man admitted this in the hearing too !!!\r\ni would really appreciate your advice and help \r\nmany thanks \r\n\r\nDanny by Danny O'Sullivan

A:

Thank you for your enquiry to Legal TV.\r\n\r\nIt is clear that you have found yourselves in a very difficult position in relation to your management company and you have my sympathy.\r\n\r\nVery interesting to see that you have already pursued the matter to the LVT - good for you.\r\n\r\nI note that you are unhappy with the outcome of this hearing. This issue is now more one of litigation rather than residential property law which is my field. However, I have done some additional research for you.\r\n\r\nIt appears there is a right of appeal to the Land Tribunal if you are dissatisfied with the decision made but you would need to obtain specialist legal advice from a solicitor within this field to as to whether you have sufficient grounds for such an appeal. Your local law society should be able to provide you with details of solicitors in your area that could deal with this for you.

Q:

I would like to know, if I could charge the water/sewrrage company for using my land because the public sewrrage is running under my house? by Mr Moh Shafie

A:

Thank you for your enquiry to Legal TV. \r\n\r\nI would imagine that the water/sewerage arrangement under your property formed part of the original build of your property and as such is necessary for the supply of water/drainage to your own and other properties in the vicinity. It is not a position on which you are able to charge the authority for this.

Q:

Can ou tell me my legal right? I just bought my first BUY TO LET property from an auction house.\r\nI never met the tenant and she has AST up to 3/02/08 and I have sent her a letter to meet and let her know that as her tenancy agreement expires, she need to renew it, and I give her one month notice to renew it and she has to let me know not latter than 11/01/08.\r\nShe has not responded, then I give her a written\r\nnotice to see her and inspect the flat on 12/01/08 at 16.00hours.\r\nI attended with a bruilding surveyor, I knocked on the door she did not responded and then I called her on her mobile phone and she did not answer her phone.\r\nWith the key I have, I tried to open the flat door, then I noticed that she is in the flat and she has the key in the lock.\r\nWe waited for about twent minutes and kept knocking on the door, without any success, then we left. by Mr Moh Shafie

A:

Thank you for your enquiry to Legal TV. \r\n\r\nI can understand your frustration in your present position.\r\n\r\nHowever, it is important that you follow the correct procedure if you are looking to terminate a tenancy with a resident tenant having the benefit of an assured shorthold tenancy.\r\n\r\nIn the normal course of events you do need to give a minimum of 2 months notice to terminate an assured shorthold tenancy.\r\n\r\nIf the tenant does not vacate the premises at the end of that time then you can consider taking court proceedings to remove the tenant.\r\n\r\nHowever, it is essential that you follow the correct procedure to ensure that your application is successful.\r\n\r\nIf in doubt obtain full legal advice from a specialist solicitor.

Q:

Please can you advice me where i stand on this, We put our house on the market and some one put in an offer on the property of which we accepted. The sell fel through and the estate agent did not advice us that the sel had fallen through. We went ahead and paid serch fees on a property that we had put in an offer for and all the mortgage serch fees. They later advised us that the sell was not going to go through by then all the serches had been done. If the our estate agent had told us that the sell had fallen through at the time it happened we would not have paid any of the fees do you think we are entiled to any money from this estate agent because what they did. by m C

A:

Thank you for your enquiry to Legal TV.\r\n\r\nI can understand your frustration in a situation such as you find yourself in. Unfortunately, in the present conveyancing procedure used for buying and selling properties there is no binding obligation on either party until such time as contracts have been exchanged.\r\n\r\nThis can often mean that you have paid out considerable amounts of money only to find that the sale or purchase falls through.\r\n\r\nThis is not a situation in which you can make a claim against another party as there is no contractual obligation upon them and they are free to pull out at any time.\r\n\r\nHowever, in view of the difficulties you have encountered with your estate agent it may be appropriate to consider changing estate agents. Look at your contract to check if they make any charges for you to do so.

Q:

Have a neighbour with a large caravan parked on their drive which blocks our view. Covenant on properties say they cannot have it there. Have asked them to move it with negative response. How can I get it removed and how much is it likely to cost me. Thankyou. by Thomas Devine

A:

Thank you for your enquiry to LegalTV.\r\n\r\nIt can be very irritating when a neighbour openly flouts a restrictive covenant which causes you inconvenience. Unfortunately this does happen very regularly particularly when it comes to covenants relating to caravans or the parking of commercial vehicles.\r\n\r\nIt is often the case that estates are built with a restrictive covenant in place stating that vehicles such as this cannot be parked on drives or roads to the property the main reason being that the estate/area maintains an attractive look especially during the marketing process for the developer.\r\n\r\nFirstly, you will need to check whether all properties are subject to this covenant ie whether your neighbours property is subject to this covenant in addition to yours.\r\n\r\nYou will also need to find out who is to enforce the covenant if it is breached ie. is it to be enforced by individual owners of the properties or via the original developer/builder of the property.\r\n\r\nIf you are unable to agree a course of action directly with your neighbour then it will be a matter of either contacting the developer to ask them to intervene or look to write to the neighbour yourselves or through your chosen solicitor to provide details of the breach and ask them to remove the caravan.\r\n\r\nIf this is unsuccessful then it is also possible for you to consider taking proceedings in court for breach of covenant but this can prove very costly and I would strongly recommend that you obtain full legal advice from your chosen solicitor before doing so.\r\n\r\nAlso do bear in mind the effect this will have on your relationship with your neighbour in the future.

Q:

i have a house with my partner of 2 and a half years,i could not get my name on the deeds at the time,if we split up now,am i entitled to half of the property by susan

A:

Thank you for your enquiry to LegalTV.\r\n\r\nUnder the present laws of England and Wales unless you are married or can establish that there is a beneficial interest in the property (ie you have agreed that as a result of an express agreement between you and your partner that as a result of payments you have made or improvements to the property you were to receive some sort of share in the property) there is no entitlement in law to a share in that property.\r\n\r\nThere are proposed changes to this position but no indication as yet at to when or whether these changes will be implemented in England and Wales.\r\n\r\nIf you are on good terms with your partner this may be the time to discuss a transfer of the property into your joint names. In order to do this you would need the agreement of the mortgage provider if there is a mortgage on the property.

Q:

Peter is disabled and so am i,the council are making him bancrupt.we do not know which way to turn,we qualify for legal aid but Peter is bedridden,please help,there is so much paperwork but i don't understand it due to my disability.the council have even told lies about the situation. Thanks very much ,PLEASE HELP\r\n by .PETER DEREK WEAVERS

A:

Thank you for your enquiry to the property section of LegalTV.\r\n\r\nI note your very difficult predicament. However, bankruptcy falls outside of my area of expertise which is residential property law.\r\n\r\nHowever, if you contact your local law society they will be in a position to advise you of a suitably qualified solicitor in your area who could assist you.\r\n\r\nGood luck

Q:

the property we stayed in now is a mortgage one in the name of my wife & myself. as husband & wife we did not talked about apportionment as to committment in terms of ammount to contribute, becuase my wife being a nurse earns more than i do. All we wanted was a property of ours. now she wanted me to transfer the ownership to her name only & not willing to compensate me adequately. she has taken me to her own solicitor to share whatever comes out of the remortgage she is unilatterilly doing. what do i do? Am i bound to take whatever they planned to give me? does her solicitor have legal right to preside over this issue out of court? by Adewale Yusuf

A:

Thank you for your question to legalTV.\r\n\r\nI am a residential property expert and I will endeavour to respond to your enquiry as fully as possible.\r\n\r\nAs I understand it you own a property jointly with your wife. I assume you hold as joint tenants (this means that both of you own the whole property and neither one of you has a specific share in it). You would be able to find this out by getting a solicitor to check your title deeds.\r\n\r\nThe alternative is that you hold the property as tenants in common which would mean that you can specify the shares that you own.\r\n\r\nWhen it comes to a transfer of property between the parties you are both entitled to independant legal advice and I would strongly recommend that you obtain this advice before agreeing or signing any documentation in relation to the transfer.\r\n\r\nThere is no obligation or requirement upon you to agree to a reduced sum of money from the transfer and you should only proceed once you are happy with the settlement figure being offered.\r\n\r\nIt is possible for her solicitor to deal with the transfer aspect but it is equally important that you have your own representation or advice before proceeding.\r\n\r\n\r\n

Q:

I live in Shared house with my friends ,we shared & pay equally , I have Gas / Elec + TV Liscence on my name at this address Whereas tenancy agrement is on my other friends name , Can they kick me out whenever they want & What are my Rights while I am styaing at this address ? by SYED WARSI

A:

Thank you for your enquiry to Legal TV.\r\n\r\nI understand your concern about your position.\r\n\r\nThe reality is that if you do not have a tenancy agreement with the landlord you are effectively what is known as a subtenant which means that you are a tenant of the tenant and as such have very limited rights.\r\n\r\nThe tenant named on the tenancy agreement is effectively your landlord, they are only required to provide you with reasonable notice to leave and they are responsible for the payment of outgoings.\r\n\r\nA very good website to look at to give you more information in relation to your position and your rights is www.shelter.org.uk.\r\n

Q:

In september 2007 both my husband and I singed contracts for a timeshare in gran canaries. They are a uk based company called Anfi.In october we decided to cancell within the 15days cooling off period.We paid deposit of 1974 euros,agreeing to pay 200euros per night for our 6 nights stay.To date we have not yet recived our deposit refund of 774 euros. My question is how can we get our deposit back.\r\n MRS Mary Woods. by Mary Woodsy

A:

Thank you for your enquiry to Legal TV.\r\n\r\nI am an expert in residential property law for properties based in England and Wales.\r\n\r\nI note your predicament and I have great sympathy with you.\r\n\r\nIn order to progress this matter you will need to obtain advice from a specialist lawyer within the area of contract law as they will be able to advise you as to the exact provisions of the contract you have signed and the best way to endeavour to recover monies.\r\n\r\nI wish you luck in your plight.

Q:

I have a judgement against Alliance-Leicester PLC over bank charges subject to the high court case in the High Court. The Judgement states that if the customers win then I win and if the banks win then I lose. When is this case coming to court and how can I find out the verdict? by John Lowe

A:

Thank you for your question to Legal TV.\r\n\r\nI am an expert in residential property law and aim to provide assistance and advice in this area.\r\n\r\nUnfortunately, I am not able to provide you with advice in relation to your question which appears to relate to a judgement on bank charges. It may be worth you contacting the court in which the case was taken and check with them how you would get information you seek.\r\n\r\nAlternatively, I would suggest that you contact the your local law society to check whether there is a solicitor in your area who could assist you further.

Q:

my mother has bought a house which requirs that a 3 and half foot right of way at the rear for access on foot to the houseds beyond her own. Boundaries are shared. My mum would like to put up a fence and gate up accross the path can she do this providing the neighbours can get through or does she have to get permision from all the neighbours or those only that live beyond her home. Do all the neighbours have right of way or only the ones that need to get past her house to access thir own. My mum is being harassed by a neighbour whose property is next door on the left of her property and in theory he should not need to pass her property at the back as he has access to visit neighbours at the front. Can she stop him passing her house? Also if she'd like to put a fence up at the front and boundaries are share do she have to get permision from the joining neighbour. by anna kent

A:

Thank you for your enquiry to legalTV.\r\n\r\nIn order to confirm what your mother can and can't do in relation to the right of way it is necessary to examine the title deeds to check the exact wording for this right. This will also disclose as to who has this right over the piece of land.\r\n\r\nIn relation to the neighbour that your mother is encountering difficulties with again it should be clear from the title deeds as to whether they have the right of way in addition to other neighbours. If they do then to prevent them passing through will be a breach of that right of way and actionable by the neigbour.\r\n\r\nIn relation to the fence at the front of the property, if they are shared then it is important to consult with the neighbour before taking action to change the boundary - if you do not do so you can find yourself in a much more difficult position.\r\n\r\nI hope this is helpful and if you would like me to look at the title for you to clarify the right of way please let me know and I will provide a quotation accordingly.\r\n

Q:

can you help my husband has reciently walked out of the family home to be with another woman i would like to know where i would stand in regards to getting the full sale amount of the house due to the reason he left and the fact he now lives with the other woman i also have a 14yr old son can this help getting the money thanks by Elaine Spencer

A:

Thank you for your enquiry to legalTV.\r\n\r\nI am a property law specialist providing advice in relation to residential property law enquiries and aim to assist you as far as I can.\r\n\r\nAlthough your query relates to your family home the question over entitlement for your husband and the issue surrounding your son who continues to live with you you would need to take advice from a family lawyer who deals with divorce/separation etc.\r\n\r\nLegal TV do offer the services of a family lawyer on their website and please do feel free to direct your query to them.\r\n\r\nI wish you good luck in what is clearly a very difficult and upsetting time for you.

Q:

My house is leasehold with a ground rent of £60 per year. I have not paid this for approx 15 years. The company I used to pay no longer exists and I have never been notified as to who I should be paying. Do I have to pay for the years I missed and does anybody have any claim against my property because of the arrears. by David

A:

Thank you for your question to LegalTV.\r\n\r\nIt is often the case that ground rents are not claimed for some time against leasehold properties, particularly houses, this is often due to historical changes or death of freeholders etc.\r\nAlthough non payment of ground rent does strictly speaking place you in breach of your lease this is only if it has been demanded from you and not paid within the stated time period within your lease.\r\nIn relation to arrears there is a general rule that any demand for historical ground rent which has not previously been claimed can only be for a maximum of 6 years in any event. The potential claim against you is in relation to the arrears, if they are demanded and remain unpaid the freeholder could look to claim breach of the lease but only if this can be evidenced.

Q:

I have just moved out of rented flat my landlord ehasnt bother to give me my deposit back at first she asked me my address then 6months has passed no conduct .what can i do to get my deposit back?I stayed in her flat for a year and didnt miss any payment,she has tried to avoid giving back my money.should i just let it go when i moved out she said she wanted to sell her flat.then she refused to meet at the property,then she send her brother to get the keys,after that she phoned and said the flat was dirt and the seater was demaged (water demaged) i had informed her about the water licks I also asked the agency but they said it was up to landlord as the job was to let the property only I have kept all correspondence and the report about water lick from Thames water and texts that she send to me asking to move out until she stopped communicating. I just need to get my £650.00 back by wilson

A:

Thank you for your enquiry to LegalTV.\r\n\r\nI specialise in Property Law and will aim to provide you with some practical advice in relation to the best approach for you in relation to your enquiry.\r\n\r\nThe matter of tenancy deposits has historically caused a lot of concern for tenants when moving out of a rented property.\r\n\r\nThe law in relation to tenants deposits has changed with effect from 6 April 2007 to offer more protection to tenants and their deposits. After that date all deposits paid for rental properties must be placed in a protected tenancy deposit scheme and details of that scheme must be disclosed to you.\r\n\r\nThe first thing you need to confirm is whether your deposit was paid before or after 6 April 2007. If it is after that date you will need to check which tenancy deposit scheme has been used by the landlord and approach them in relation to repayment.\r\n\r\nIf your deposit was paid before 6 April the chances are that it is not protected and the procedure to recover the deposit from the landlord is a little more complicated.\r\n\r\nThe first step is to negotiate with your landlord which it would appear you have attempted to do. The next stage is to make an application to the county court - this in itself is reasonably straightforward.\r\n\r\nTo get more information on the procedure and process for this a really handy website is www.shelter.org.uk. If you go to the England section then the 'paying for your home' section and follow the links for return of unprotected deposits.\r\n\r\nGood luck and do let me know how you get on.

Q:

My ex wife & I brought a 3bed-room property in 1987 for £54,500. I oversaw the mortgate repayment until we were divoicred in 1989 with an outstanding balance of £47,329. After 1989 there has been arrears. Outstanding balance as at 01/12/07 was £42,589.35. Can I ask that the arrears sholud be taken out of her share of the equity? The mortgage repayment has always been met by rental income from tenents. She lives with the tenants, collects the rent but does not make the repayment. Our only child of 15 years old has lived with me since divorce and still lives with me . My EX makes no contribution towards our daughter's upkeep and education.\r\nMy Solicitor says no provision would be made for our daughter's up keep and education. Is that right? I am single and bringing up a 15 yr old on my own, she goes to 6th form in September 2008. by Ernest Orchard

A:

Thank you for your enquiry to LegalTV. \r\n\r\nI specialise in property law and will provide you with a response to the property related side of your query.\r\n\r\nAs a joint owner and presumably joint mortgage holder of the property you are responsible for the mortgage payment in the same way as your exwife even though you are not and have not been living in the property for some time.\r\n\r\nAlthough this may not seem particularly fair in the circumstances it is the way that every mortgage is approached by mortgage lenders.\r\n\r\nWhether you will be able to encourage a preferential settlement discounting the arrears position within the negotiations surrounding the sale would need to be discussed with a family lawyer. My own view is that it is doubtful whether you would be successful in your claim but would depend how far you want to pursue this argument - having said that it is a potential bargaining tool.\r\n\r\nIn view of the continuing arrears position I would also suggest that it would be in your best interest to look to arrange a sale or transfer as soon as possible and if this is likely to cause aggravation to look to instruct a lawyer that specialises in family law to assist you as soon as possible.\r\n\r\nThe majority of your question will need to be answered by a family lawyer as, although it relates to your property it is directly related to your matrimonial position and therefore must be dealt with by an appropriately experienced family lawyer to give you the best possible advice. LegalTV do have a family law section where you can post your question for free initial advice.

Q:

I have just bought a house in the Borough of Enfield, London. According to the Deeds I own the pavement at the front of my house and half of the road. There is a residents parking in my area. As I own this part of the road, can I ask the Council to remove the yellow line and park without getting a residents permit? Also where do I stand as regards selling this part of the pavement and the road to the Council? Incidentally the Council has not been maintaining the pavement. by Maria Barry

A:

Thank you for your enquiry to LegalTV.\r\n\r\nI deal with any property law enquiries that are received and will look to provide you with a response to your enquiry.\r\n\r\nBefore deciding what you can and can't do here you will need full advice in relation to the exact extent of your ownership and your responsibilities.\r\n\r\nThe reason I say this is that usually if you own part of the pavement and road you may well be responsible for the upkeep of that section as it will not fall under the council's ownership and therefore as such is not their responsiblity to maintain.\r\n\r\nIt is likely that there is a similar arrangement for the properties surrounding your own.\r\n\r\nIn relation to whether the council would purchase this from you this is not usually the case. They may consider adopting the road as a whole (if all owners agree) but they may well have requirements as to the minimum level of maintenance required before they will agree to adopt the road and take responsibility for its future upkeep.\r\n\r\nIn relation to whether residents parking restrictions can be lifted in relation to your part of the road again you will need to check the legal title to your property and the restrictions upon it but it is likely that this will not be achievable as it will be a borough decision.\r\n\r\nIf you are in doubt about your rights/restrictions it is important that you obtain full advice on the legal title to the pavement and road area to ensure you are confident of your obligations etc.\r\n\r\n