Articles | Homes & Property

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Can we sell alcohol from our home?

My husband and I have been thinking about selling our friend's homemade wine from our garage to friends and neighbours. Is there anything to stop us doing this?

Published May 2013

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Our solicitors aren't on the lender's panel

My fiancee and I are buying our first house. Our solicitors have received the contract papers but there is now a problem as our solicitors are not on the "lender's panel". Is this an issue?

Published May 2013

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How do I buy a property in my nephew's name?

I want to give my nephew £500,000 to buy a mews house for £390,000 and use the remaining cash to do it up. I'm happy for the house to be bought in his name but what's the best way to protect my funds?

Published April 2013

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Was the council told about your boiler?

I'm selling my house and the buyer's solicitors have asked for a building regulation certificate. I replaced my boiler recently but am unsure what they mean?

Published April 2013

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Can they change their minds on accepting our offer?

I recently put in an offer on a flat which was accepted. The mortgage application was progressing when we were told the vendors had accepted another offer. Given we had an agreement, what legal recourse do we have?

Published April 2013

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Can I buy my parent's house at less than the market value?

I want to move closer to my elderly parents, but I cannot afford to buy my own place. I could afford to repay their equity release mortgage and pay a small amount for the house. Is this legal, or could I buy a share in the place?

Published March 2013

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How can I benefit from the Green Deal?

I have recently heard of something called "the Green Deal". What is it, how does it work — and how do I get a slice of the action?

Published March 2013

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How do I sack my useless letting agent?

I have been renting out a property via a letting agency for about five years. I don't find the service they offer necessary, so I decided to terminate. They don't seem to have any of the documents for my tenants. What should I do?

Published March 2013

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Can my grandmother keep her dog in her new flat?

My grandmother has just bought a flat with a small courtyard she thought would be perfect for her small terrier. Since moving in she's been told dogs aren't allowed. How can this have happened and what can she do?

Published March 2013

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How can I speed up receipt of my completion documents?

I completed on my new home in November. Despite repeated prompts to my solicitor I still don't have the final documents. How can I pressure the solicitor to speed things up?

Published March 2013

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Who should pay to repair my roof?

I am the owner of the top flat in a two-storey building. The roof is in a very bad state and is in need of attention. Is it my sole responsibility or a shared expense with the flat below?

Published March 2013

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Who owns the front lawn of our flat block?

I own a ground-floor flat that is part of a house conversion. I have obtained Land Registry title plans for each flat in our building but it doesn't say who owns the front garden. How can I establish which of the flats owns the garden?

Published February 2013

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Can I build a loft extension?

I own a leasehold flat in south-east London and have exclusive access to the loft. I have been thinking of doing a loft extension. I have been told that the freeholder, who is the council, will probably say no. Is that correct?

Published February 2013

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Can I rent out the house I inherited?

I want to let out a house I inherited a few years ago as I live abroad. I've read about people who have managed to fraudulently sell or mortgage homes that do not belong to them and this worries me as the property has been empty. What can I do?

Published February 2013

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Am I part responsible for my neighbour's extension?

I live in a conversion flat and share the freehold with two others. The owner of the downstairs flat complains that the walls in her extension leak when it rains. Am I and my other neighbour responsible for the cost of fixing it?

Published February 2013

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Have I left it too late to change my offer?

My offer for a mews house was accepted, but my survey says there is far more work to be done to the property than I thought. The sellers are pushing me to exchange. Am I too late to ask for a price reduction?

Published February 2013

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Why do I have to pay an annual rent charge?

My son has just bought a house. His solicitor told him that it is subject to an annual payment of £2.50 which he says is a rent charge. It isn't a lot of money but my son thought he was buying a freehold property. Why a rent charge?

Published January 2013

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Is it too late to claim my land back from my neighbour?

Title deeds from the Land Registry clearly show that two metres of my garden have been included in my next-door neighbour's garden for the last 20 years. Is it now too late to claim back the land?

Published January 2013

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Should my dad have been given a mortgage at 84?

My father died recently and I discovered that he took out an equity release mortgage on his house. The lender is asking for money to settle and say they will take over the property if it is not sold soon. Can I challenge them on these issues?

Published January 2013

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Who owns our garden's surrounding wall?

A wall surrounding our back garden needs repair work. There's nothing in our deeds about responsibility for these walls. But when I asked our neighbour about sharing the cost of repairs he said it's nothing to do with them. How can this be resolved?

Published January 2013

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Why can't I be the sole name on my mortgage?

Although I split with my partner both our names are on the mortgage. Now my ex wants her name off it but my lender says I can't take over the whole mortgage because my credit rating is not good enough. What can I do?

Published January 2013

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Keep your hands off my chattels, taxman

We are buying an old farmhouse to renovate. I have asked our solicitor to apportion £15,000 of the purchase price to fittings in the contract so we won't pay stamp duty on that, but he seems reluctant. What's the problem?

Published January 2013

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Can I be forced out of our marital home?

My wife and I have recently talked about getting divorced. Now I've received a solicitor's letter telling me to leave the marital home immediately or they'll take me to court. Can they boot me out of my home?

Published January 2013

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Will my boyfriend's debts affect his credit score?

My boyfriend bought a flat but has missed a couple of credit card payments. He says all will be fine when he increases his interest-only mortgage after his current fixed-rate deal expires. Am I worrying over nothing?

Published January 2013

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Will I lose our villa in my sister's divorce?

My parents transferred a family holiday villa over to me and my sister. My sister is now going through a divorce and tells me I've got to get legal advice and become involved in the proceedings or the property will get sold. What should I do?

Published December 2012

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Joint tenancy or tenancy in common?

I'm thinking of buying a flat with a colleague. What's the difference between a joint tenancy and tenancy in common, and what can we do now to make it easier when we come to sell?

Published December 2012

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Can we ignore a covenant?

When we bought our house 10 years ago, we knew a restrictive covenant required us to seek the permission to develop the garden. No one now knows of any covenant. Should we ignore the lost covenant or investigate further?

Published December 2012

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How close can I lay foundations to a manhole?

I want to extend the kitchen of my house into the garden, which has a manhole. If I keep access to the manhole, am I still obliged to pay to get agreement from Thames Water, and am I bound by its rules regarding how close I can lay foundations to a manhole?

Published November 2012

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Has my reservation fee gone for good?

My solicitors said if I didn't exchange contracts by a certain date my reservation fee would be forfeited. The lender's valuation was arranged for the day after so the developer withdrew and retained the £2,000 fee. What can I do?

Published November 2012

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Can I keep my ash tree?

Our townhouse has a large walled garden in which we have a rowan tree and a young ash. Our neighbour says she's worried that the trees may be affected by this disease killing ash trees. As we are in a built-up area is this possible and is it a genuine concern?

Published November 2012

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What are my freehold responsibilities?

I am a fellow freeholder/leaseholder of a flat converted from an Edwardian house. Am I responsible for the maintenance and repair of a roof light that serves only one flat?

Published November 2012

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Will my husband's creditors chase me?

My husband and I separated some time ago but never got a divorce. Now he might be bankrupt and says I need to transfer the house into my name quickly. Do I need to do this to protect my family?

Published November 2012

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How do I tell my greedy ex to get lost?

I remortgaged my home to pay off my husband's debt and transferred the house into my sole name. We remain married because he ignored my divorce petition but now eleven years on he is demanding his half-share of the house. What do I do?

Published October 2012

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Should I treat a sit-on mower just like a car?

My neighbour and I help each other out mowing our lawns. We want to go halves buying a big sit-on mower, but is it legal to drive it down the street to each others houses?

Published October 2012

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Is equity release a good way to go?

My parents have been retired now for eight years but don't have much money. However, their property is worth a lot of money. Should I suggest equity release to them?

Published October 2012

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Can we keep pigs as pets?

We've thought about rearing animals to keep the brambles in our garden down. My daughters have suggested we get a pig. We love the idea — but are there any legal pitfalls that we should be aware of?

Published October 2012

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Can I keep my cheating wife locked out?

My wife of 30 years has been having an affair, so I have thrown her out. Now I have a solicitor’s letter saying I have to let her back in until I raise enough cash to settle her interest in the house. The property is registered in my name only. Surely this cannot be right?

Published September 2012

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New homes: completion dates

Why can't a builder give a fixed completion date? I have been told it's best not to try unless I have no property to sell or I'm prepared to go into temporary accommodation until the new house is ready.

Published September 2012

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Same-day exchange and completion

Our seller has asked us to exchange contracts and complete on the same day but our solicitors say we cannot. Why is that?

Published September 2012

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Will the railway people keep off our turf?

A railway tunnel runs under my garden and there's a brick ventilation shaft down to it. When I bought the house I knew the railway company had a right under a covenant to enter my garden to inspect the tunnel. I've just spent a fortune having turf laid and a new fence built. Can I make them pay for any damage next time they exercise this right of access?

Published August 2012

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Is an architect's certificate all we need?

We are buying a property built 18 months ago by the seller who still lives there. There is no NHBC agreement but there is an architect’s certificate. Our solicitors say this is not enough. What can we do?

Published August 2012

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Skylights open window on a problem

Who should pay to replace leaking skylights in one of the flats when the property is share of freehold?

Published August 2012

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'Her indoors' won't shift for love nor money

My wife and I are going through a divorce and our house has been on the market for more than a year. Last week we got an offer that I want to accept but which she refuses to consider. What can I do?

Published August 2012

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Is our neighbour going up a blind alley?

We have an alley that runs from the road along the back of 12 houses, including ours, which hasn't been used for years. A new neighbour now wants car access - can he do this after all these years?

Published August 2012

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Landlord's lease deal is a garden steal

The freeholder has agreed to extend the lease term on my flat. As I cannot pay anything, he has agreed to accept the transfer of my garden to him if I erect a gate blocking my existing access. This doesn't seem fair to me. What do you think?

Published July 2012

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Ready to move but our seller vanishes

We’re ready to move in a week. Contracts have been exchanged and completion has been agreed — but we haven’t been able to contact the seller. Providing completion has taken place, if we turn up at the new house without keys next week, would we be within our rights to call a locksmith to gain access?

Published July 2012

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Can we spend the deposit before completion?

We’re selling our London house to cash buyers who say they don’t want to complete until December. They’ve offered us a 10 per cent deposit, which we’d like to invest without having to wait until completion. Can we use the deposit in this way?

Published July 2012

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Final checks are the key to completion

After moving into our new home we realised many things were not done properly by the previous owner, a property developer. After smelling gas, our boiler was sealed so we have no heating or hot water until I replace it, and I have had to fix the wiring and the roof. Can I sue the seller?

Published July 2012

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When is a loft room an official extra bedroom?

I am buying a property that was advertised as a four-bedroom house but the fourth bedroom is actually an unfinished loft room. It has had no building control approval and no completion certificate for the work. Does this give me grounds to ask for a reduction in price?

Published June 2012

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Colouring by stealth is not a good idea

My neighbours have painted the façade of their basement flat a different (and wholly inappropriate) colour. We share the freehold so I have pointed out that any decoration of the exterior needs to be agreed between us before any works are started, but they don’t accept this.

Published June 2012

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Are squatters' rights worth it?

During the seven years I have owned my property I have used a gate in the boundary fence to cross my neighbour's back yard to reach the street easily. The neighbour has now bricked up the gate. Is it worth the trouble to claim squatters' rights?

Published June 2012

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Can I get compensation for these delays?

I exchanged contracts on a new-build flat which should have completed two months ago but the developer is way behind schedule. My extended mortgage offer expires later this month and I may have to pay more if I have to get a replacement mortgage which could put the deal in jeopardy. Will the developer compensate me?

Published June 2012

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Dad wants to give me a flat for free, so why tell the taxman?

My dad’s thinking of giving me the basement flat of his house. However, our solicitor says that Dad has to pay capital gains tax if he makes the flat a separate entity and gives it to me — even though no money is changing hands. Is he right?

Published May 2012

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Can anything be done when a seller puts the price up?

We should have exchanged contracts on our new house last Friday, but the seller upped the price on Thursday by £25,000, so it didn’t happen. Also, his sister is living there and can’t move out until July. Can he do this? Does it matter that’s she’s living there?

Published May 2012

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Farmer is milking me for road repairs

At my weekend house we have a right of way over a private road owned by a local farmer. The farmer has asked me to contribute half the cost of resurfacing the road, however farm traffic use it far more regularly. What can I do?

Published May 2012

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My solicitor’s fees make no sense to me

Why do solicitors’ fees vary so much?

Published May 2012

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Building work is making our lives miserable

Our building is surrounded by two huge ongoing construction projects, with two or three years to go. We can't use our patio area, I have health problems because of the dust and my husband can't work from home for all the noise. Can we get compensation?

Published May 2012

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Our dream home in the country has no mains water. So what?

We’ve found the perfect place but it's worrying our solicitor. He is astonished that there's no mains water. Should we be concerned? What are the issues with this?

Published May 2012

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A couple with twins are double trouble

A couple with twin baby boys have moved into one of the groundfloor flats in our block and keep leaving the buggy in the hallway and two baby car seats that partly block access to the stairs and lift. What can be done?

Published April 2012

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Is this a plot to turn our paddock into the village green?

A field next to our house has come up for sale. Just recently I’ve noticed children using the land as a football pitch and families turning up for picnics. It’s quite a new thing but is there any chance that someone will make a claim to have the field turned into some sort of village green?

Published April 2012

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People who live in glass houses should get consent

I am selling my house. My buyer is creating because I had a conservatory built for which I obtained planning permission and building regulation consent, but no consent from the developer. Why did I need the developer’s approval?

Published April 2012

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Can buying chattels lower stamp duty?

I am paying £2.05 million for a property in Fulham. My estate agent says I should pay some of the purchase price for “chattels”, presumably to lower the asking price below £2 million. What’s going on?

Published April 2012

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What is the best way to discharge a mortgage?

My mortgage is coming to an end very soon. I've received a letter from my bank asking me if I want to use my solicitor to discharge the bank's legal charge on the property or whether I want them to do it for me. Will it make any difference who does it?

Published March 2012

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The landlord has got me over a barrel

Having rented my flat for 17 months on an assured shorthold tenancy my landlord has now served me with a “Section 13” notice, bumping up my rent by 11 per cent. He says I can either accept the new rent or be served a notice to quit. What can I do?

Published March 2012

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Was it a case of burglary by brochure?

After buying our house, the estate agent sent a mail shot round the neighbourhood boasting about the sale, giving the full address, asking price and internal and external photos. Two days later I was burgled. Do agents have a right to do this?

Published March 2012

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Three's a crowd when buying a home

We are buying a house from a couple who are splitting up. When we offered on the house both were on the title deed. But now they have registered the house in her name and he has taken out a charge against the property. Should we be worried?

Published March 2012

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How to avoid getting that sinking feeling

Please could you tell us if it is illegal to continue selling houses on an estate when it’s been discovered that there is subsidence?

Published February 2012

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Will the council get tough with my neighbour?

The legal issues explained about planning permission, boundaries and extensions.

Published February 2012

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Deed of trust is key to buying with a partner

My partner and I are buying our first house together with no mortgage. I am paying 80 per cent of the purchase price and my partner is paying 20 per cent. We want the house in our joint names. How can I protect my investment?

Published February 2012

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Plan ahead in disputes over extenstions

Our neighbours have just been granted planning permission to build an extension on the side of their house that will have quite an impact on our property. We would have ojected but had no idea they had made an application. Is there anything we can do now?

Published February 2012

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Home near substation sparks health concerns

We have found the perfect home - almost. It has an electrical substation in a fenced-off area just behind the house. Should we have any health concerns about being so close to a substation?

Published February 2012

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Don't just have one solicitor when you can have two

We are taking out a second mortgage as part of getting my husband's business refinanced. I understand the risks but have been told I must take see another solicitor for independent advice. Can I refuse and save my money?

Published January 2012

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Who is responsible for our roof repairs?

I live in the upper flat of a two-storey house. The owner of the downstairs flat and I have long leases and pay £100 a year to the owner of the freehold. She lives in Devon and we never see her. Who owns the roof and who should pay for the repair?

Published January 2012

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Avoid a pitched battle over garden fence

My neighbour has just replaced two panels in the fence between our gardens. The post between the panels is now on my side and the fence very noticeably encroaches on my land. What should I do about this?

Published January 2012

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Make sure your lease is watertight

There are what seem to be cracks on the external walls of our new leashold flat. Are we responsible for the soundness of the external walls, or is it the freeholder’s responsibility?

Published December 2011

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Do I have to pay both estate agents?

I put my house on the market with one estate agent and didn't have an offer in six months. I then went through another agent and got an offer with a buyer who had initially viewed the house under the first agent. Who do I have to pay commission to?

Published December 2011

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How much of my house will my ex-partner get?

I split from my partner five years ago and she is living in our house with our children. I haven't sold the property as they need somewhere to live and I thought my investment was safe. Does the recent Kernott v Jones judgement change things?

Published November 2011

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Is this cash back incentive too good to be true?

We are buying a new-build house and the developer says that though we are paying £575,000 for it, he will give us £25,000 cash back. It all sounds great but are there any concerns we should have?

Published November 2011

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Why are two surveys better than one?

We're buying a house and only require a 50 per cent mortgage. Of course, our lender still wants us to pay for a survey, which we understand. But is there any point in paying for our own survey, too?

Published November 2011

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If it's not nailed down, don't pay cash for it

We’ve just moved into a new property. A week before the completion date we paid the sellers in cash for their Aga. However, when we got here we found the Aga had been removed. So what do we do now?

Published November 2011

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The owner made some chilling changes

I've seen a property I like but the agent has warned me that it does not have building regulation approval for alterations that have been done. Should I be worried?

Published October 2011

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Am I creating a problem in one fell swoop?

We live in a conservation area and have a large tree in our garden that is causing damage. There is no Tree Preservation Order in place but my neighbour says I still need to tell the council if I wish to fell the tree. Is this correct?

Published October 2011

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Will my house be in multiple occupation?

Our house is too big for us and so we have a plan: we want to buy a smaller place and convert our house into bedsits as an investment project. Everyone tells me we have to be aware of "HMO". So what's that?

Published October 2011

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What's creeping about in the small print?

I've just inherited a flat and would like to have a go at renting it out for holiday lets. How can I find out if I'm allowed to do so?

Published September 2011

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Ask the expert

We are buying a flat and our solicitors seem more concerned about the requirements of our building society than our questions about the property. Why?

Published September 2011

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Pitching in to stop campers on agricultural land

A landowner is renting out his agricultural land to caravan campers for rallies. The council says it has no powers to stop caravan owners using this land if they have permission from the owner. Can the villagers do anything to stop this?

Published September 2011

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Tenancy agreements key to auction bid

I am thinking about buying a row of three cottages at auction. One cottage is empty, one has been rented out in the last couple of months and the other has been occupied by someone for over 25 years. How should I proceed?

Published September 2011

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The attic will seal the deal

We have seen a top-floor flat we want to buy, but only if the roof space is included or we can buy it at some stage. How can we get information about the attic before making an offer?

Published August 2011

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Game, set and match at the planning office

I read about a celebrity getting consent for a tennis court in the garden of his Grade II-listed home recently and there were strict planting/gardening conditions and no lighting allowed. Is this usual?

Published August 2011

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The stamp duty trap

My girlfriend and I have just broken up and have agreed that I will buy her half of our house. However, my solicitor says I will have to pay stamp duty on top of everything else, which really makes the deal unworkable. Is my solicitor right?

Published August 2011

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Noisy neighbours keep me up all night

It is virtually impossible to identify who is responsible for the awful noise next door. How do I go about lodging a complaint?

Published August 2011

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Get completion dates agreed in writing

We are selling our house and have an agreed completion date in writing. Now the buyers want to change it - are we legally required to?

Published August 2011

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But we thought we all shared the garden

What can you do when your landlord locks you out of the previously shared garden?

Published July 2011

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Is my Georgian gem a rough diamond?

I have a flat in a Grade II-listed Georgian building. A surveyor friend recently spotted work done by previous owners of my flat and said he doubted any of it had been granted listed building consent. What should I do?

Published July 2011

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When can the rent increase?

I have tenants on an assured shorthold tenancy which was for a fixed term of a year. They have been with me for 18 months, so can I now increase the rent?

Published July 2011

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My upstairs neighour exercises all night long

The tenant in the flat upstairs is a fitness fanatic and exercises into the early hours of the morning. As well as keeping me awake, cracks have appeared in the ceiling since she moved in. What I can do?

Published June 2011

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It's time to pop the pre-nup question

My parents paid the deposit on my flat to help me get on the property ladder. My girlfriend now lives with me and we plan to marry. My dad insists we get a pre-nup to keep the property separate but I think this is unnecessary as the property is in my name. Who is right?

Published June 2011

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Should our landlord do the repairs?

We live in a top-floor flat that we've rented for a year. There's a bad leak through the sitting room ceiling and it has damaged the plaster. The letting agent says our landlord should do the repairs but the landlord says it is our job. Which one is right?

Published June 2011

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Retrospective building consent

I am buying a Grade II-listed house. The present owner has knocked out an internal wall and put in horrible uPVC windows at the back. My solicitor says there was no 'listed building consent' and this is a big problem. Is it?

Published June 2011

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How much will I be taxed?

I have just sold a property I bought only six months ago. I always intended to do it up and sell it for a profit. I know that capital gains tax is 28 per cent, but a friend says that I might have to pay 40 per tax. What is the correct rate?

Published June 2011

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Is free energy from solar panels a good idea?

We have found a company to pay for the installation of solar panels in return for receiving the tariff payments, but we would still get free electricity. The company wants a lease to "rent our roof". Is this a good idea?

Published May 2011

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High heels of the girl upstairs drive me crazy

I have recently bought a flat in a new block. I play music which I am sure is a bit noisy and I don’t mind hearing it from other flats. However the clip clop of heels from the flat above is proving too much. What can I do?

Published May 2011

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It looks like we're all in this together

I want to put in an offer on a holiday home. However it looks as though some of the cottage overhangs the neighbouring houses and the study may have been built over the next door’s kitchen. Should I be put off by these things?

Published May 2011

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Will my sale be an uplifting experience?

I have inherited a house with a big garden that I want to sell but my estate agent says I need to include an "uplift or overage clause" in the contract as the buyer may be able to get planning permission to build on the garden space.

Published May 2011

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When one and one make... erm, three

Why buying two properties together will cost you more in stamp duty.

Published April 2011

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Trouble at the bottom of the garden

We are in the middle of selling our house and the buyer's solicitor has noticed that part of our garden is not registered at the Land Registry like the rest of our property. What can we do, as the buyer is panicking?

Published April 2011

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We've got that sinking feeling

We are buying a house but the sellers have noted that it has suffered from subsidence. We love the house but are concerned. Should we withdraw our offer?

Published April 2011

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Why in God’s name am I paying for this?

A buyer asks why local homeowners are liable for the upkeep of the chancel at the parish church.

Published March 2011

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Can we negotiate for a longer lease?

We have owned our maisonette for five years, with a lease of 75 years. For three years we have written letters to the landlord offering to pay him for a longer lease, but have had no response. Can we force him to extend it?

Published March 2011

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I’m afraid you’ll just have to cheque it out

Why solicitors limit the amount of cash they will accept from a client.

Published March 2011

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Find a safe house for your home's deeds

I have a boundary dispute with my neighbour. When I asked my building society for the pre-registration deeds they said they didn’t have them due to "dematerialisation". What do they mean by that?

Published March 2011

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Should we talk rubbish or not?

We have a shared right of way to the rear of our property. This access was blocked when a conservatory was planned by the neighbours. Our solicitors wrote a letter solving the issue but our property is now for sale. Do we have to disclose this?

Published March 2011

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Will I have to pay the new higher rate of stamp duty?

We have offered £1.2million on a property and our agents say we have to buy before April 6, 2011 otherwise we'll have to pay a higher tax rate. Is this true?

Published February 2011

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Can I put an offer on a property without having the exact amount?

I am waiting for some inheritance money to come through and have found my dream property in the meantime. There is pressure to exchange the contracts now but without my inheritance money, I can only pay a five per cent deposit. What can I do?

Published February 2011

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Selling a property with noisy neighbours

We are selling our property and are worried that our loud neighbours will affect any future sale. Are we required by law to disclose this information to prospective buyers?

Published February 2011

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Tips for first-time tenants

I have just left college and want to rent my first flat. I have heard lots of horror stories about renting, so can you tell me what the most important things are for me to consider when I rent?

Published January 2011

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How can I make sure I'm paying the right VAT?

I began the process of buying a leasehold apartment in August last year. Completion is planned for later this month. In view of the recent VAT increase, what rate of VAT will be payable on my legal fees?

Published January 2011

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My council is playing Mr Nasty

I am a leaseholder in a flat owned by our borough council which, in the 10 years I have lived here, hasn't undertaken any repairs at all. Is the council obliged to repair our building as laid out in the lease?

Published January 2011

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How can I end my contract with a letting agent?

I started letting out my flat four years ago using an agent. I now no longer wish to continue the relationship. Am I obliged to renew the contract with them every year?

Published December 2010

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How can I make my tenant pay up?

I own a flat in Chelsea and have been letting it out for quite a while now. Unfortunately, the present tenant has fallen four months in arrears with his rent. This hasn't happened before, so what exactly can I do about it?

Published December 2010

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Can I challenge planning conditions?

When my house was built in the mid-80s, one of the conditions imposed was that all “permitted development rights” would be removed. This meant that when we added a conservatory and a tiny extension, we had to get planning permission both times. Can I challenge this ruling?

Published December 2010

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Why am I haunted by a long-dead covenant?

I recently bought a house built in 1932. It comes with some restrictive covenants, most of which I don't mind, but one would prevent me building an extension of any reasonable size. Does the covenant still matter and can I challenge it if it does?

Published November 2010

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Should I agree to work on a party wall?

My neighbour wants my permission to carry out work on the old party wall between us. If I say yes, how do I ensure I do not get landed with anything unpleasant in looks or costs to me?

Published November 2010

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Who oversees when I'm overseas?

I am moving overseas for two years with work and wish to rent out my property during that time. What do I need to do with regards to mortgages, insurance etc? Can a managing agent sort all of this out for me?

Published November 2010

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How do I deal with a sky-high demand?

I provide Sky television to the residents of my buy-to-let property on an informal basis. The equipment has now broken and cannot be repaired. They have requested that I get it replaced - am I obliged to do so because they've all been using this service up to now?

Published November 2010

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Time to do your legal homework

I have a covenant on my house that forbids running any business from home. How can I protect myself if I often work from home?

Published October 2010

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Planning permission or building approval?

I want to build an extension to my house. What's the difference between planning permission and "building regulations approval"?

Published October 2010

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Why do I need an Energy Certificate?

I am thinking about selling my flat and have been advised that I need to obtain an Energy Performance Certificate. What is this, why is it important and what will happen if I don’t obtain one?

Published October 2010

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What is the best way to a square deal?

I live in one of 26 freehold properties surrounding a square, for which we have to pay a high maintenance charge to a management company. Can we manage the square ourselves and how do we go about this?

Published October 2010

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This smells like a nasty problem

I live in a staggered terrace of houses, where my neighbour's gas flue vents hot and smelly gases directly into my garden. I have asked if the boiler could be moved but this request was declined. Do I have any rights?

Published September 2010

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Alarming problem gets worse

Over the past few months I have suffered countless sleepless nights as a result of my neighbour's faulty car alarm. It is driving me to distraction; is there anything I can do?

Published September 2010

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Turn the spotlight on the lease

I own a house that is let out to five individual tenants. The lounge is fitted with halogen spotlights, one of which has recently stopped working and the residents are asking me to fix it. Am I obliged to do this?

Published September 2010

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Sharing the cost of a leaking roof

I share joint responsibility for the maintenance of our property with the other resident. The roof has recently started to leak and has to be replaced. Is there an accepted best-practice procedure for choosing a quote?

Published September 2010

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Do I need neighbour's permission to install a Sky dish?

I own the ground-floor flat in a house that has been converted into two separate flats. I wish to have a Sky dish installed, but my neighbour on the first floor (where the dish needs to go) is objecting - do I need their permission?

Published September 2010

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Can I reclaim flat management fees?

I live in a flat and have to pay £1,500 a year in service charges to the building’s management company, but, frankly, I can’t see any appreciable expenditure. Can I claim any of this money back?

Published August 2010

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BBQ smoke leaves me fuming

My neighbour regularly cooks outside on a barbecue, and the smoke drifts over the low wall between our two gardens so that I feel I can’t enjoy my outside space. Is there anything I can do?

Published August 2010

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Do we qualify for stamp duty help?

I am a first-time buyer and am currently looking to purchase a property with my partner. My partner inherited a property which he sold and never occupied. Do we qualify for stamp duty relief?

Published August 2010

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Parking rights on shared driveways

We own a semi-detached house with a shared driveway that leads to a joint garage. Do I have a legal right to park on the drive?

Published August 2010

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Branching out into a legal jungle

I have a large sycamore tree in my garden and I have been informed that it is protected by a preservation order. Can I cut off a damaged branch, or do I need to go to the local council for permission?

Published July 2010

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Paying dearly for a longer lease

Is there any law preventing flat owners from extending their leases to, say, 999 years, simply by means of an official letter to all the leaseholders if they are notionally the landlord?

Published July 2010

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Stay on your side of the driveway

I own the freehold to my house, sharing a joint garage and long driveway with my neighbour. Am I within my rights to park a caravan on my side of the driveway?

Published July 2010

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Spare your home a separation ordeal

My new partner and I are buying a small, terraced house together and neither of us need a mortgage. What will happen if we decide to separate after buying the property?

Published July 2010

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My Dad and wife's home in law

My father and my wife have a joint tenancy on his house. In his will, my father has stated that 50 per cent of his property is to go to my sister. I have heard that regardless of the will the house would go to the surviving person because of the joint tenancy. Is this correct?

Published July 2010

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Is Dad harbouring this invader?

I have recently seen the news about Japanese knotweed and a plant in my elderly father's garden looks very similar. What is Japanese knotweed, and what should he do?

Published June 2010

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Could a Cornish life cut my taxes?

I live in London but am buying a holiday home in Cornwall. In view of the emergency Budget on June 22, will I need to decide which property will be my main residence?

Published June 2010

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The will to sell my inheritance

I have been left a property by my uncle but probate has not been granted yet. How soon can I get on with selling it?

Published June 2010

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Noisy neighbours

How can residents in leasehold properties protect themselves from noise and disturbance caused by their neighbours?

Published May 2010

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Do I need Listed Building Consent?

What are the legal issues when purchasing a listed property that doesn't have Listed Building Consent?

Published May 2010

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Moisture dampens our purchase joy

What legal rights do property buyers have if they discover a damp problem shortly after moving in?

Published April 2010

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How can I get mum's freehold back?

My mother's flat is subject to a criss-cross lease, with each neighbouring flat owning the other's freehold. When the other flat was sold, the freehold to my mother's flat was not included. Is there a way we can purchase it?

Published April 2010

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Can I make a certain party pay up?

What is the legal process relating to works carried out on shared party walls between neighbours.

Published April 2010

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I’m for riches but he’s far poorer

How the extended Stamp Duty Land Tax “holiday” could apply to a couple who are being offered a joint mortgage.

Published April 2010

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Can a neighbour grab my freehold?

The position of a leaseholder who is being cut out of the freehold purchase by other tenants through a collective enfranchisement.

Published April 2010

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I lost the agent and the deposit

The liability of a landlord towards a tenant who has given a deposit to an agent who has disappeared.

Published March 2010

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Where there's no will, there's a problem

What are the legal issues arising when a derelict estate is inherited from a relative?

Published March 2010

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How can we buy out her ex's share?

What are the legal issues when new partners want to buy out an ex-partner's share of a property?

Published March 2010

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Is a homebuyer's survey enough?

I am an estate agent and I find it surprising that so few solicitors acting for buyers advise their clients to obtain surveys. Shouldn't they provide this advice to every client?

Published March 2010

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Keeping quiet about noisy neighbour

What can be done after the completion of a property sale if the buyer then discovers noisy neighbours?

Published February 2010

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There's a leak, but who's paying?

How can neighbours determine who is liable for the repair costs when part of a shared building is affected by water damage?

Published February 2010

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Me, my flat and my date with destiny

What is the minimum notice period required when a tenant wants to vacate a rental property?

Published February 2010

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How do I tackle selling at auction?

I don't want the hassle of restoring the terrace houses I own - how can I prepare to sell these properties at auction?

Published February 2010

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My son is a lawyer unto himself

Why do lenders require all adult occupiers of a property to sign a "Consent to Mortgage" document when remortgaging?

Published January 2010

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Laser treatment

What are the legal issues involved when neighbours use disproportionate measures to deter cats from roaming into their part of a divided garden?

Published January 2010

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Will this 'loan' save our property sale?

How the sellers of a property can protect themselves when lending their prospective buyers funds to secure the sale.

Published December 2009

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Will this tenant prevent me selling?

How to sell a property which has tenants, one of whom has been there more than 20 years and may be a “sitting tenant”.

Published December 2009

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We just want to carry on clamping

How to control non-resident parking on a private road.

Published November 2009

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Am I being taken to the cleaners?

How to challenge your landlord over the return of the deposit at the end of a tenancy.

Published November 2009

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Hefty price in deed for post delay

What fees are payable when a mortgage deed is delayed in the post?

Published November 2009

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Hubby's gone but should mum move in?

I'm getting divorced and want to stay in our home, but my husband wants the house old so that he can be released from the mortgage. Is it a good idea to accept financial help from my family?

Published November 2009

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What is a 'rent charge' for a property?

What is a 'rent charge' for a property and why must it be paid?

Published October 2009

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Gutter work is money down the drain

What steps can you take to claim compensation if damage is caused to your property by something on your neighbour's land?

Published October 2009

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When the stamp duty holiday ends

What are the benefits of completing the purchase of a property before 31 December 2009?

Published October 2009

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Should we listen to our IFA?

Accepting bad advice from an independent financial advisor can result in mortgage fraud.

Published October 2009

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Can I insist upon a 10 per cent deposit?

Expert advice on deposit levels at exchange of contracts.

Published September 2009

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Can we buy anonymously?

We want to buy the house next door but have fallen out with our neighbours. Can we purchase the property without them finding out that we are the buyers?

Published September 2009

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When is an auction a bid too far?

What are the issues to consider before attending a property auction?

Published September 2009

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The sale of chattels

What are the legal issues relating to the sale of chattels - the fixtures and fittings of a property - to save stamp duty?

Published September 2009

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One mortgage, three solicitors

Why can't a solicitor who is acting for the borrower also act for the guarantor of a mortgage?

Published August 2009

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This year... profit from a foreign sale

What are the tax advantages for UK residents selling French properties before 6 April 2010?

Published August 2009

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We can’t see the point of a survey

We are buying a riverside listed building which we intend to totally refurbish and extend. Our solicitor has been quite insistent that we have a survey, but we are cash buyers who know what work needs to be done, so surely it is up to us?

Published August 2009

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Play it safe, get a gas certificate

Why is it so important to obtain a gas safety certificate for your home?

Published August 2009

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Everything in the garden isn't lovely

What are the legal rights a property owner has when a neighbouring garden is derelict and causing a nuisance?

Published July 2009

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Do the prep before the pre-nup

In light of the recent divorce case when the English courts took heed of the pre-nuptial agreement of one of Germany’s richest women, our lawyer advises on this complex case of law.

Published July 2009

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Mr Tree doesn’t live here anymore

How can the previous homeowner's poor credit record affect yours?

Published July 2009

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We've made an offer - they did refuse

What is 'collective enfranchisement', and how can this complex area of law assist leaseholders who want to purchase the freehold of their property?

Published July 2009

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My wife must not get my parents' home

How can post-nuptial agreements protect property ownership in the event of divorce settlements?

Published July 2009

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Our neighbour's tree drives us nuts

What legal action can be taken within a conservation area when a neighbouring tree becomes a nuisance to your property?

Published July 2009

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Trust me, you're still my solicitor

Why must solicitors always request current identification documents from clients when undertaking property transactions on their behalf?

Published July 2009

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Can they make granny move house?

Under what circumstances can the Rent Act of 1977 protect long-term tenants from enforced relocation?

Published June 2009

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It’s all about the power

I am worried I could develop Alzheimer's. I own four properties and someone has suggested I make a Power of Attorney. I know nothing about this, can you help?

Published March 2009

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The power and the glory

What legal rights do tenants have when a landlord is not correctly managing their property?

Published March 2009

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Extended problems

What should you do if the property you have purchased has an extension but you do not have a completion certificate issued by the local authority?

Published February 2009

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Fixed term tenancy agreements

Can tenants break a fixed term tenancy contract early without the agreement of the landlord?

Published February 2009

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In bed with the trustee

How is joint property ownership affected if your spouse is declared bankrupt?

Published February 2009

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In a bit of a fix

What penalties may apply by ending a fixed-rate mortgage early?

Published February 2009

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Beware the searches

Why are pre-contract searches so important when buying a property without the help of a mortgage lender?

Published February 2009

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Costs only go one way

What are the legal issues involved when service charges keep increasing annually?

Published January 2009

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Trouble from the start

What are the legal issues when a mortgage offer has changed but the contracts are already signed?

Published January 2009

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Dying to find my deeds

What happens when title deeds are lost?

Published January 2009

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Should I pay this blast from the past?

Why do a lessor's solictors need to be advised about a remortgage even when residents have bought the freehold for the property.

Published January 2009

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Bringing charges

What are the legal issues involved when tenants in a block of flats are required to pay large sums of money for proposed major works?

Published January 2009

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Add in the perks

What are the legal requirements when accepting incentives offered by developers?

Published November 2008

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Estate of the nation

What are the legal issues when a developer sells property within a new estate to the council?

Published November 2008

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How safe is my deposit?

What can you do to make sure the money you leave on deposit for the purchase of a property is safe?

Published November 2008

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Does size really matter?

How are building insurance contributions divided within shared premises?

Published October 2008

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A flaw in the sale

What are the legal implications of a contract being confirmed for the wrong property when buying off plan?

Published October 2008

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Silent night

What can be done when overhead noise from neighbouring flats becomes a problem?

Published October 2008

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Nightly water torture

Who is responsible for fixing noisy water pipes within a block of flats - the landlord or the tenant?

Published October 2008

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Energy levels

What are the new rules relating to landlords supplying their tenants with Energy Performance Certificates (EPC's)?

Published October 2008

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Above the law

Covenants are legally enforceable promises. Who can enforce them, and when?

Published September 2008

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Water on the brain

What are the legal issues when addressing an ongoing leak from a neighbouring flat?

Published September 2008

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An offer you can't refuse

What are the implications of changes to the Stamp Duty Land Tax threshold?

Published August 2008

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In the dark about light

What are the legal issues of establishing a 'right to light' for your property?

Published August 2008

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Rubbish neighbours

What action can be taken against neighbours dumping unwanted items and rubbish in their front gardens?

Published August 2008

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Ghost of a chance

What happens when liability for chancel repair costs falls on neighbouring landowners?

Published August 2008

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Where's the interest?

Are long-term tenants entitled to interest on tenancy deposits?

Published August 2008

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There goes our home

How do lifetime mortgages differ from standard mortgages, and what protection do borrowers need to have in place?

Published August 2008

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Searching issues

What are the different kinds of searches needed for inclusion in home information packs (HIPs)?

Published August 2008

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The plan's gone off

What happens when a contract to purchase property off-plan is breached?

Published August 2008

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Corridor of power

What are the legal issues of building a partition across a shared corridor in a block of flats?

Published August 2008

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The road not taken

What legal issues affect access to private roads that have not been "adopted" by the local authority?

Published August 2008

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An early departure

What are the legal issues of terminating a tenancy agreement ahead of the agreed fixed term?

Published August 2008

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Money down the drain

Can lettings agents charge a non-refundable fee for reference checks?

Published August 2008

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Sibling rivalry

What happens when there is a dispute about joint property ownership?

Published August 2008

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Dial M for mortgage

What happens when a buyer negotiates a lower purchase price for a property, and do not wish to advise their mortgage lender?

Published June 2008

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I'd hate to lose it now

What happens when nervous selling agents push for a speedy exchange?

Published June 2008

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Work on the wild side

What happens when a residential property is used for business purposes?

Published June 2008

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My rubbish neighbours

What happens when neighbours in a shared block use the front garden to place rubbish?

Published June 2008

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Too big a break

A dispute between neighbours regarding an overlapping balcony.

Published June 2008

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I've been frozen out

What happens when a partner is made bankrupt during the sale of a property?

Published June 2008

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Can I get out of paying?

Qualifying a property for exemption from capital gains tax.

Published June 2008

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Unconsenting adults

Gaining consent from other freeholders for extensions to property.

Published June 2008

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Raising the roof

The legal issues surrounding loft conversions.

Published June 2008

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It's driving me cuckoo

The legal issues of conservation consent.

Published June 2008

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Room at the top

The legal issues of attic conversions.

Published June 2008

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Away with the fairies

The issue of unknown land ownership.

Published June 2008

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Something to declare

The issues of joint property ownership.

Published June 2008

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Troublesome tenants

What happens when noisy and messy tenants move into a block of flats?

Published June 2008

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Hedging your bets

What happens when there is a neighbour dispute about the height of a hedge?

Published June 2008

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A moral dilemma

Who should wear the costs when a buyer pulls out of a sale?

Published April 2008

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Home sweet home

Obtaining a mortgage when buying property above commercial premises.

Published April 2008

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Can I turn a live/work unit soley residential?

I'm thinking of buying a flat that is designated as a live/work unit. I only want to use the property as residential but I have heard from others that some councils are now cracking down on this practice. Any advice?

Published May 2013

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Could I lose my home to my new partner?

My husband died five years ago leaving me with a mortgage-free property. I have recently met someone else and we are thinking about living together. My friends tell me I need to get a declaration of trust deed or I could lose my house. What should I do?

Published May 2013

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Can you sell a shared lane and a right of way?

In my lease I am obligated to pay my part for the repair and maintenance of a shared lane of a right of way. A new owner is liable for the upkeep of the road and is asking me to pay more than my share for maintenance. Can the new owner rightfully increase my payment share?

Published May 2013

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