Emyr Pierce

Professional Legal Services | Cardiff

Cardiff: 029 2061 6002

You are here: Home / Archives for Emyr Pierce Solicitors

Can I have double-glazing repaired on warranty?

I bought a bungalow about a year ago with a double-glazed front door fitted by the previous owners. The seals on the double-glazing have started to fail. Can we claim on the warranty to get them fixed?

Provided the glazing was guaranteed and the guarantee was either for the benefit of all future occupiers or, if not, the guarantee was assigned (put in your name) to you as buyer, then you have the benefit of the guarantee and can claim under it – as long as  the period has not expired.

If the double glazed front door was fitted after April 1, 2002, then it should also have a FENSA Certificate confirming the glazing meets current safety standards. You should have received both the guarantee and FENSA Certificate (if applicable) on completion of the purchase of your bungalow.

Any notice of change of ownership for the guarantee is usually required within three months of purchase, and unless this has been submitted the contractor may refuse to recognise the right of the owner to claim under the guarantee.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

How do I buy my Council house?

I have been living in my Council house for 26 years and I would like to buy it.  What do I have to do?

As you have lived at the property for so long you  are eligible to buy your Council house at the appropriate discount – calculated on the length of time you have occupied the property – and capped at £16,000. Contact the Council who will arrange for the property to be inspected by their Valuer. They will then issue you with an offer notice containing the terms on which they are prepared to sell you the Freehold Interest.  This will also quote the appropriate level of discount which they are offering you. If these terms are acceptable, you need to instruct solicitors to act on your behalf in the purchase and respond to the Council formally accepting the offer made.

Please be aware that a proportion of this discount will have to be repaid if you dispose of the property within five years of your purchase, and it is only the Council Tenant who has occupied the property during the qualifying period who will be entitled to acquire the Freehold Interest under the Right to Buy legislation and benefit  from  the discount.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Can I stop my home being repossessed by selling it to my son?

I am currently experiencing serious financial problems. My son has lived with me for the last 22 years. Could I sell the property to him to prevent the property being repossessed? If so does it have to be for the full market value?

Any transfer to your son either for no consideration (a gift) or at an undervalue (less than market value) could be deemed to be a deliberate attempt on your part to defraud your creditors under the provisions of the Insolvency Acts, and could be subsequently overturned by your Trustee in Bankruptcy should you be declared bankrupt  within a period of five years from the date of the gift.

Provided there is sufficient equity in your property then you can of course sell to anyone you wish (including your son) for the full market value provided of course there is sufficient to repay the amount owing on the mortgage, inclusive of all arrears and costs. If the sale value is less than the amount owing on the mortgage (negative equity) you can only proceed with any such sale with the express consent of the Lender.

You would not be able to transfer the property to your son, or anyone else, without first repaying the mortgage as the Lender has a Restriction registered against your property title preventing any such dealings without them first being repaid their loan. In the event of a negative equity situation you would need to negotiate a settlement or they will repossess and sell at auction. It may of course be in the Lender’s interest to agree to a sale even though they will not receive the full repayment as they will save the costs of repossession and subsequent remarketing and will receive a larger sum from the net proceeds.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Is buying a Freehold a waste of money?

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 is it a waste of money?

If you are looking to sell a Leasehold property with less than 70 years to run then it is possible your buyer’s mortgage company may insist on either the lease term being extended, or that the property is Freehold.

You will, therefore, need to consider the possibility of either buying the Freehold or extending the Lease term once it falls below 65-70 years. Buying the Freehold at an early stage has its benefits as the cost is only likely to increase.

However, before parting with hundreds of pounds, you must appreciate that the only benefit to you will be the saving of a nominal annual payment in ground rent and the ability to insure with a company of your own choice. The benefit, therefore, of buying the Freehold will usually be closely related to the remaining number of years of the Lease term.

Provided you have owned the property for at least two years you are entitled to purchase the Freehold interest as of right under the Leasehold Reform Act 1967, but most freeholders will agree to transfer the Freehold interest without having to follow the strict procedure laid down by that legislation.

You should ask your Freeholder how much it might cost and, if necessary, take the advice of a Surveyor on any quote received.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Can I rent out the parking space which came with my apartment?

I own an apartment in one of the new developments in Cardiff Bay 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?

Before you do anything you must consider very carefully the terms of your Lease. Many leases will contain the right to use a car parking space allocated to the flat rather than a parking space being included in the demised premises.

This is intended to specifically avoid situations where the tenant may assign his garage, or parking space, separately to a third party who may not even live on the development, as this can cause substantial technical legal issues as there will be no legally binding relationship between the landlord of the development and the person who acquires the parking space.

It is probable that the best you can hope for is an informal arrangement with a neighbour, but you must ensure that any such arrangement is authorised by the terms of your Lease.

You are strongly advised to seek the advice of a solicitor before making any such commitment as any breach of your leasehold covenants could ultimately result in the landlord forfeiting your entire Lease, and not just that part which relates to the parking space.

If there are separate leases for each of the flat and parking space then your proposals may be more likely to succeed.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Is a Will valid if it is not signed?

My wife’s uncle has recently died.  He intended to leave a Will and had left a piece of paper in his writing desk with details of what he wanted to happen to his Estate, but while the draft was dated it was not signed.  He was childless and his parents and siblings are deceased.  Would this draft act as his Will?

No.  For a Will to be valid it must be signed by the deceased, who must sign in the presence of two independent witnesses, who themselves must also sign in the presence of the Testator (person making the Will) and both witnesses must state his or her name, address and occupation. The Will must then be dated with the date of signature of all parties.

A Will must also appoint individuals to administer the Estate, called Executors. The piece of paper in this case may represent an expression of wishes and, while dated, it was not signed and therefore has no validity whatsoever.

In the absence of a valid Will, the person making the Will will be deemed to have died Intestate and the order in which beneficiaries are entitled to share his Estate would be in accordance with the Intestacy Rules. On the basis that the deceased was widowed and his parents and siblings had predeceased him, and he had no children, this would result in nephews and nieces being entitled to the Estate.

Accordingly, your wife, as a niece of the deceased, may well be entitled to a share in her late uncle’s Estate.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Can I choose my own conveyancing solicitor?

I put down a deposit on a brand new property on a housing development and the developers are insisting I use the conveyancing solicitors that they recommend. Surely I can choose my own solicitor?

Sadly, this is commonly the case, as developers inevitably select their “favoured” solicitors for whatever reason. It remains an important principle in the buying and selling process in this country that all purchasers have a free choice of whom they wish to represent them in the important conveyancing process.

You have every right to choose your own solicitor and usually the reasons given for instructing the developer’s choice of solicitor will be somewhat debatable such as “they are familiar with the development and will therefore not raise unnecessary enquiries”, or “they have acted on a number of plots and therefore know the development well and can deal with the matter more quickly than a solicitor who is unfamiliar with the development”.

A buyer must be satisfied that he or she is instructing someone who will act purely in their best interests, promptly and diligently, and has the necessary expertise and experience to understand all types of property development, and the buyers must be sure that their choice of solicitor is going to give them independent advice.

Any specialist property solicitor will have the necessary experience to ensure that your interest will be protected and it is important that the public has a completely free and unfettered choice of legal representation. You are free to instruct anyone you wish to act for you.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

What do I need to do to gain nearby water supply access?

I have found a plot of land on which to build a house but the closest water supply is on the other side of a neighbouring property. How do I gain access to that water supply?

You will require a formal legal agreement called an Easement which documents your legal right to the passage of your water supply through the adjoining property and its connection into the existing main.

This document will also grant you appropriate rights of access on to the adjoining property to maintain the water pipe leading from your property, across your neighbour’s land to the point of connection to the existing supply and will contain specific obligations on you to make good any damage caused to the adjoining property from your accessing the pipeline.

The right in the first instance may only be granted in return for a payment or consideration for the grant and will also include an obligation on your part to contribute to the ongoing costs of maintaining and repairing that part of the water supply.

It is essential you negotiate any such Easement before purchasing the plot – otherwise the adjoining owner could hold you to ransom over the rights to cross his land.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Can I charge previous owner to clear rubbish?

The day I moved into my new home the keys were missing to the detached garage. The Vendor’s Solicitor has now produced the key and I have found the garage is full of rubbish left by the previous owner. I will need to hire a skip to dispose of it all. Can I send the previous owner the bill for this?

Sadly, this is far too common an occurrence. It is my firm’s standard procedure to raise a specific preliminary enquiry in the conveyancing process to establish that all keys will be made available to all doors and, indeed, windows for this very purpose. Far too often garages are left without a key, but full of rubbish.

If the query had been raised then any missing keys would have to be replaced and most importantly the Buyer would have the opportunity to inspect all parts of the property prior to exchange of contracts thus ensuring that there are no such surprises in store for you on completion.

Another important question to raise in the preliminary stages is to obtain the Vendor’s confirmation that all rubbish will be removed from all parts of the property. In such circumstances should you find the garage full of rubbish following completion it would be entirely correct for you to look to your Seller to reimburse you for the costs of disposing of all rubbish left by the Seller.

It is essential you ensure that you inspect all parts of the property prior to exchange of contracts and that you establish keys are available for all doors and windows. If the Seller intends to leave items at the property then ensure that these are of value and benefit to you rather than your being left with the privilege of disposing of their rubbish.

Will building society look after property deeds?

I am about to complete on buying my first home. Will I receive the Deeds to the house and, if so, should I give them to my Building Society for safe keeping?

Lenders have for some time now adopted a policy of “dematerialisation”. This means they are happy to receive written confirmation that your title to the property is registered at HM Land Registry along with their legal charge by way of security for their mortgage monies.

Accordingly, you will find that if you do send your Deeds to the Building Society they will simply return them to you for your own safe keeping. The increased cost of storage has resulted in your Lender looking to you to retain all associated documentation and they simply rely on the registration process to access the information electronically at any time through their direct links with HM Land Registry.

This, however, can cause problems in that when you instruct your solicitor to sell your property some important documents may not be available. The Lenders don’t have them and the likelihood is that, while you may have received them at some time, you may have forgotten where you put them.

In the absence of these documents your solicitor will have to request official copies from the Land Registry at a cost of £8 to £10 each. You are strongly advised to either lodge your documents in safe custody with your solicitor, some of whom will not charge for the facility, or keep these documents safe, recording precisely where you have put them.