Property Doctor Archive

Archived articles:

Secure permission before making changes

I live in a shared ownership property to which I would like to fit a solar panel. Do I need to seek permission from the Housing Association who own a share in the house for me to be able to do this?

Tuesday, March 15th, 2011

Can I change the locks?

The tenants in a property I own have not paid the rent for three months and are refusing to leave. Can I legally change the locks on the house when they are out?

Tuesday, March 15th, 2011

Salary cut is putting mortgage at risk

I am experiencing severe problems with paying my mortgage as my working hours – and salary – have been reduced by half. What can I do to ensure I don’t lose my house?

Monday, March 14th, 2011

Rear access lane used as a dumping ground

I live in a terraced row of Victorian houses at the back of which is a lane into which we all have doors leading from our back gardens ans is being used as a dumping ground.

Monday, February 28th, 2011

Landlord has no right to access

My landlord has given his plumber a key to the flat I am renting so he can carry out some modernisation work. Is he allowed to do this without asking me?

Monday, February 28th, 2011

How to sell home without an Estate Agent

We have sold our house in Newport without using an Estate Agent to somebody we know. What are the next steps?

Monday, February 28th, 2011

Demised premises provides a full description

What does “Demised Premises” mean on the Deeds of my house?

Monday, February 28th, 2011

Check before renting residential car space

I am renting an apartment in one of the new developments near Swansea seafront where each resident is provided with a parking space. I don’t drive and want to rent out my space to one of the other tenants who has two cars. Can I do this?

Monday, February 28th, 2011

Cut estate agent out of conveyancing fee

Why has my Estate Agent quoted me a figure of costs for conveyancing which is greater than the quote that I have received directly from the same solicitor?

Monday, February 28th, 2011

Is separate Will required for home abroad?

We have just bought a property abroad. Do we need to make a separate Will in that country to ensure the property is inherited by our children?

Monday, February 28th, 2011

Will sale to son stop home repossession?

I am currently suffering serious financial problems. I want to transfer or sell my house to my son who has lived in it for the last 22 years. Could this prevent the property being repossessed?

Monday, February 28th, 2011

Protecting cash interest in home buy

My wife and I have made an offer on a house which we want to buy equally. My wife will take out a mortgage while I will pay for half the value in cash. My solicitor has said I cannot be mentioned on the Deeds because of my credit history and I don’t work. How can I protect my cash interest in the property?

Monday, February 28th, 2011

Will dropped kerb require permission?

I am having the driveway of my house widened which will also mean extending the drop kerb to the road. Will I need to get Planning Permission from the Local Authority to do this?

Friday, February 11th, 2011

Demolition quandry in a Conservation Area

Can I demolish an original outside toilet in the back garden of a property I own in a Conservation Area without seeking planning permission?

Friday, February 11th, 2011

At a loss at lost Title Deeds

We have lost the Title Deeds to our house. Where would we get duplicates from and how much would this cost?

Friday, February 11th, 2011

Management fee is on the rise

The management fee for the first six months of next year on my apartment in Cardiff Bay will increase by around £300. This is on top of the demand I received and paid in August for an overspend payment of £311.

Friday, January 28th, 2011

Woodman, spare that protected tree

I moved into my new home three weeks ago and have just had a large sycamore tree felled in the back garden which I am now told was protected by a Preservation Order.

Friday, January 28th, 2011

Speeding up house buy completion

Why does buying a property take so long - and how can the process be speeded up?

Friday, January 28th, 2011

Tenants’ deposit should be protected

My girlfriend and I have found a two bedroom apartment to rent, but we have been asked to provide a deposit of £800. How do I protect the money and ensure I get it returned when we eventually move out?

Wednesday, December 8th, 2010

Damage to new home is tough to prove

The day we moved into our new house the sellers clearly damaged the banisters and front door during the course of removing their furniture from the property. Can I insist they pay for the damage?

Wednesday, December 8th, 2010

Landlord has no right to access your flat

I came home from work last week to find my landlord in the flat I am renting. He didn’t seem to have a proper reason for being there, but said he had every right to access the flat at any time to check it was being looked after. Is this right?
For reasons of [...]

Wednesday, December 8th, 2010

Should I wrap up all debts in first mortgage?

Would it make sense for me to wrap up all my debts into one loan when I take out my first mortgage?

Wednesday, December 8th, 2010

Next door’s house is putting off buyers

My neighbour’s run-down house is putting off potential buyers for my property. Can I do anything to make him tidy his house up?

Friday, November 26th, 2010

Friend wants to takeover shared mortgage

A friend has offered to take over one half of the mortgage I used to share with my ex-girlfriend. Can we do this and, if so, how?

Friday, November 26th, 2010

Lender’s survey should cover new-build

I want to buy a brand new house on a development near Newport but as money is so tight I think I will do without an independent survey and rely on the one produced by my Lender.

Friday, November 26th, 2010

Flat has 87 years left on lease

I am buying a flat which has 87 years left on the Lease. Is this acceptable or would I be safer if the Lease was longer?

Friday, November 26th, 2010

Try an Auction if you’re ripe for renovation

How do we go about finding properties that are in need of renovation?

Friday, November 26th, 2010

Tieing in transactions all depends on timing

Having exchanged contracts on my sale, I am have now found a property to buy. However I am due to complete my sale in a fortnight. Can I tie in the two transactions?

Friday, November 26th, 2010

Will private road be adopted by local council?

I bought a new-build plot two years ago on a development served by a private road. Is the road likely to be adopted by the local authority?

Friday, October 22nd, 2010

Land Registry will show who owns property

How can I find out whether my parents owned their home as Joint Tenants or Tenants in Common?

Friday, October 22nd, 2010

Who pays post contracts exchange damage?

Who is responsible for paying for damage to a property after contracts jhave been exchanged?

Friday, October 22nd, 2010

Should I stay silent over noisy flat for sale?

I want to sell my ground floor maisonette which suffers from dreadful noise levels from the flat above. If I don’t declare this at the time of selling, could there be any legal implications for me?

Friday, October 22nd, 2010

Tenancy in Common could pay dividends

My father and I bought our terraced house together and it is in our joint names, but I have always paid the mortgage. He is now 87 and in poor health. Where do I stand if he has to go into a nursing home with all the expenses that could bring?

Friday, October 22nd, 2010

Who owns empty house I want to buy?

I have seen a house I would really like to buy but it has been empty for years and no-one seems to know who owns it. How do I find out who owns it?

Friday, October 22nd, 2010

Holding Management Company to account

Some of my fellow tenants in an apartment block in Cardiff Bay have grown sick and tired of the poor service we receive from the Management Company. Can we do anything about it?

Friday, October 22nd, 2010

Neighbour’s cockerel is dawn chorus menace

My neighbour’s cockerel is causing a noise nuisance by crowing every morning at daybreak and waking us up. Is there anything I can do to put a stop to it?

Friday, October 22nd, 2010

Can I rent out my driveway?

I want to rent out the driveway of my home for parking for a local business. Am I legally entitled to do this?

Friday, October 22nd, 2010

Walkaway wife retains interest in house

My wife walked out leaving me to bring up our two children on my own. Could she still have a claim on our house which is still in joint names?

Friday, October 22nd, 2010

Ensure your security - and change the locks

The property I am buying has had several previous owners and was lately used as an investment property occupied by students. Would it be wise to change the outside door locks as soon as we move in?

Friday, October 22nd, 2010

Could Bridging Loan save dream house buy?

Our buyer has suddenly withdrawn and we have had to place our property back on the market. We do not want to lose the house we wish to purchase. Should I take out a Bridgend Loan?

Friday, October 22nd, 2010

Swapping homes will not save Stamp Duty

I have finally found a house I wish to buy, the owner of which is keen on buying my own property. If we do a “swap” will I make a substantial saving in Stamp Duty Land Tax?

Friday, October 22nd, 2010

Separate Wills for assets in separate countries

I own a property here in Wales and another in France which I want to be able to pass on to my children. Do I need separate Wills in each country to cover each property?

Friday, October 22nd, 2010

No viewings Estate Agent charged £530

After almost 16 months of having my house on the market, with not a single viewing, I have decided to change Estate Agents, only to be presented with a bill from the previous Agents for £530. Can they do this?

Friday, October 22nd, 2010

Fixtures and fittings may save Stamp Duty

I am interested in buying a property for £255,000 but am concerned about the stamp duty issue. Can I do anything to minimise stamp duty payable?

Friday, October 22nd, 2010

Surveyor values property less than my offer

I have just received my Surveyor’s Report on the property I am buying and it has been valued at a lot less than I am paying. Does the owner have to reduce the price to sell the house to me?

Thursday, October 21st, 2010

Can I build a house in the back-garden?

I want to build a house in the back-garden of a property I am planning to buy.

Thursday, October 21st, 2010

Adding spouse’s name to Property Deeds

I have recently married and would like to add my spouse’s name to the Property Deed of a house I currently own solely.

Wednesday, October 20th, 2010

Should I move Estate Agent to secure buy?

I have seen a property for sale in the window of a local Estate Agent. I need to sell my own house first but the seller’s agent is pressurising me to sell my house through him rather than my own appointed agent. I do not wish to lose the house I wish to [...]

Wednesday, October 20th, 2010

Will independent sale mean no agent’s fee?

I put my house on the market with a local agent six months ago. A few people have been to view the property, one of whom is interested but a friend of mine has now expressed an interest directly without approaching the selling agent and has offered the full asking price. Will I [...]

Wednesday, October 20th, 2010

Builder has cut us off!

Our builder has cut through the BT phone cable digging up our driveway. Is he responsible for the repair -or am I?

Wednesday, October 20th, 2010

Front garden fence is just the limit

My next door neighbour has erected a new 7 ft fence along the boundary of our front gardens. Is this legal? I think there is a limit a height a fence can be erected in a front garden.

Wednesday, October 20th, 2010

Buyer, spare that tree!

I want to buy a house in a Conservation Area with a tree in the front garden which is the subject of a Tree Preservation Order. Can I remove it if it is too close to the house?

Wednesday, October 20th, 2010

Sharing mother’s Estate fairly among three

Our mother has died leaving three children equal shares in her Estate, including her house. One of the children wants to stay in the house. How can we fairly share the Estate?

Wednesday, October 20th, 2010

Neighbour cut down trees without permission

My neighbour has cut down trees in my garden without my permission. Can I take any action against him?

Wednesday, October 20th, 2010

Home is now subsiding - despite a full survey

Despite paying for a full survey I have discovered the house I bought three years ago has subsidence. Can I make a claim against my surveyor?

Wednesday, October 20th, 2010

Can train parkers be stopped in their tracks?

Can I stop train travellers parking outside my house all day long?

Wednesday, October 20th, 2010

Can ex-husband make a claim on her house?

Can my friend’s estranged husband make a claim on her house?

Tuesday, October 19th, 2010

Will garden caravan need planning permission?

Will I need Planning Permission to keep a touring caravan in my front garden?

Tuesday, October 19th, 2010

Transfer of land is a lifetime gift to son

I own a large plot of land in West Wales which I want to share with my son. Do I need to re-register this or will it be seen by the taxman as a gift?

Tuesday, October 19th, 2010

Apologise to seller - and walk away

We are on the brink of exchanging contracts on a house sale, but my partner has changed his mind about us living together. Is it too late to pull out of buying the property?

Tuesday, October 19th, 2010

Removing your ex from the house deeds

My wife and I have divorced and finally reached a financial settlement which includes me paying her off a share of our home. How do I remove her name from the house deeds?

Tuesday, October 19th, 2010

Next of kin must be told of Attorney powers

I have been helping an elderly neighbour with his property/financial affairs over the last few years and he wants to appoint me as his Attorney in a Lasting Power of Attorney. Should his next of kin be told?

Tuesday, October 19th, 2010

Church bells may toll for country house-hunters

I am buying a house close to the Parish Church in a lovely Welsh Village. My solicitor tells me I may be asked at some stage to pay for repairs to the church. Is he joking?

Tuesday, October 19th, 2010

Buying a Freehold - does it make sense?

I am buying a Leasehold terraced property which currently has 75 years left on its lease. Would it make sense to buy the Freehold, or would that be a waste of money?

Monday, October 18th, 2010

Do I need a HIP to sell to a member of the family?

We are hoping to sell our house to my wife’s cousin who is moving to the area to work. Is it true that we won’t need a HIP as we are selling to a member of the family?
A HIP is now required in the event of a property being offered for sale to the [...]

Saturday, July 25th, 2009

Shall I tell the mortgage company I rent a room?

Our son has just returned from abroad and will be living at home and paying a small rent to us. Do I need to tell my mortgage company about this?
It is a condition of all mortgages that if you have anyone living at the property, other than the Borrowers, who is over the age [...]

Saturday, July 25th, 2009

What is a Certificate of Title?

I am buying my first home and have been told my mortgage company is waiting for the Certificate of Title. What is this and could it cause a hold up?
The solicitor acting on your behalf in the purchase of your new home will, usually, also act on behalf of your lender providing you with [...]

Saturday, July 25th, 2009

Will part exchanging save me Stamp Duty?

I am hoping to part exchange my house for a new one. I have heard that this is a good way of saving stamp duty. Is this true?
Unfortunately it is not true. Some years ago Stamp Duty, as it was then, was only payable on the “Equality of Exchange”. This was the [...]

Saturday, July 18th, 2009

Shared driveways - are they a property headache?

I am planning to buy a house with a shared driveway what implications could that have for me?
It is increasingly the case on new open plan developments that plots have shared driveways. The main issue to consider is that each property with a shared access will be bound by the existence of various covenants preventing [...]

Saturday, July 18th, 2009

Looking after children’s interest after remarrying

I am in my sixties and have recently remarried and put my home in joint ownership with my new wife. How do I ensure my children from my first marriage are looked after on my death?
The need to protect your share of the assets which you own jointly with your new wife to secure [...]

Saturday, July 18th, 2009

Should I check the central heating system?

I am buying a property that was built in the 1980s. Should I check the condition of the central heating?
Of course. Other than the structure of the building, the central heating system is the most expensive component in any property and you are deemed to buy a property in the full knowledge of its state [...]

Saturday, July 11th, 2009

I want to evict tenant who has not paid the rent

I own a flat which I have been renting out for the last few years. My current tenant is behind three months on her rent and refusing to leave, despite her tenancy having run out. How do I get her out?
Despite the fact that your tenant may have continued to occupy beyond the [...]

Saturday, July 11th, 2009

Can I sell off part of my garden to a neighbour?

My next door neighbour is extending his house and wants to buy a slice of my garden to allow him access along the side of his property. I am willing to sell, but how should I value it and should I tell my mortgage company?
You need to seek the advice of a surveyor to [...]

Saturday, July 11th, 2009

Will ill health put house sale on hold?

My father-in-law is selling his home and has agreed a price, but before anything could be signed he suffered a major stroke. He has no Power of Attorney. What should we do?
This will inevitably cause a delay in the sale. If your father does not have the necessary legal capacity to enter [...]

Saturday, July 4th, 2009

Can we force out sellers - to move in?

We have signed contracts, agreed exchange dates and are due to move into our new home in two weeks time, but the sellers are now saying they cannot move out for at least another week. There are people moving into our house, so we will have nowhere to go. Can we force the [...]

Saturday, July 4th, 2009

Public sewer runs through the back garden

I am buying my first house and the search has revealed the public sewer runs through the back garden. Is this something I should worry about?
All public sewers are owned and maintained by the local water authority – in Wales, Welsh Water – and you are unable to build anything over it, such as [...]

Saturday, July 4th, 2009

Are carpets and curtains included in house sale?

I am interested in buying a property but would like to ensure that the owner includes all the carpets and curtains in the sale. Are these likely to be included as fixtures and fittings?
When agreeing to buy a property you must ensure the estate agent’s particulars include details of the carpets, curtains and other [...]

Saturday, June 27th, 2009

House gift could be overturned by insolvency

My husband gifted me his share of our house three years ago but now he has major debt problems and I have heard that the transfer of the property into my sole name could be overturned. Is this true?
Sadly, you are right. Under the current Insolvency laws, if the person making the gift [...]

Saturday, June 27th, 2009

Should I buy the garage - or withdraw my offer?

I am buying a flat but the owner wants to sell a garage as part of the package. I don’t need the garage, what should I do?

Saturday, June 27th, 2009

Can my neighbour force me to repaint the exterior of my house?

My neighbour says the state of my property is affecting the value of his and is threatening me with his solicitors if I do not do what he asks. Can he do this?

Saturday, June 6th, 2009

How long do local authority searches take?

Having put an offer on an old house, my solicitor has to carry out searches of the local authority. How long is this likely to take?

Saturday, June 6th, 2009

Why 15% deposits are highly irregular

I am almost at the stage of exchanging contracts on a property and have been asked for 15% deposit. Is this normal and could I be in danger of losing the house?

Saturday, June 6th, 2009

When, with Enduring Power of Attroney, can I dispose of property?

My mother has Alzheimer’s and is in a nursing home. I have an Enduring Power of Attorney to deal with her affairs. Can I sell her property and dispose of her belongings?

Saturday, June 6th, 2009

I’m buying a house - but when will it be mine?

I have had an offer accepted on a house but does this mean that it is mine subject to contracts being exchanged, or could another buyer beat me to it?

Saturday, May 30th, 2009

Can you sell the content of a property after repossession?

My brother-in-law has had his house repossessed. I offered to buy his new kitchen from him, but is he allowed to sell it and let me remove it?

Saturday, May 23rd, 2009

Getting out of a joint mortgage

My daughter is in a joint mortgage with a friend she has now fallen out wit. Is there any way she can end the mortgage early without incurring any expensive penalties?

Saturday, May 23rd, 2009

I can’t find the deeds to my house

I cannot find the deeds to my house - in fact I don’t ever remember seeing any.

Saturday, May 23rd, 2009

My neighbour wants to repair our boundary fence

My neighbour has offered to repair our boundary fence, as long as I pay. What should I do?

Saturday, May 16th, 2009

Transferring your house to your children

Can I transfer my house to my children while living in it, without having to sell the property if I later go into care?

Saturday, May 16th, 2009

Terminating Tenancy Agreements

If I terminate my Tenancy Agreement will I have to pay rent until a new tenant is found?

Sunday, May 10th, 2009

Second Charges over properties

My mother gave us money to pay the deposit on our house and we would like to ensure that if we need to sell it she gets her money back before any other unsecured debts are paid. How do we do this? Do we need to tell the Mortgage Company?
The best way to [...]

Saturday, May 9th, 2009

Finding the owner of a plot of land

There is a small plot of waste land at the side of my house but no-one seems to know who owns it. How do I find out who the owner is?

Saturday, May 9th, 2009

Separation and the mortgage

My husband and I are separating. Is it possible for my son to take over his share of the mortgage?

Saturday, May 9th, 2009

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