Emyr Pierce

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Deceased dad still named on leasehold interest

My mother has recently died. She was the owner of the freehold interest in the property but on receipt of the Title Deeds we note that the original leasehold interest remains in the sole name of my late father who died 10 years ago. What do we need to do?

South Wales has a number of properties that were originally leasehold but as the years have passed occupiers have purchased the freehold interest. It is often the case that on acquiring the freehold the freehold title will be registered separately to avoid having to merge the two interests and pay a higher Land Registry fee. This gives rise to potential difficulties if the property was originally in the sole name of one only of the spouses.

In this case that spouse has since died and the surviving spouse has purchased the freehold interest in her sole name. This leaves the freehold interest in the wife’s name and the leasehold interest in the late husband’s name.

A Grant of Representation will be required for each Estate in order to properly deal with the interests in the property that the respective spouses owned. This will deal with the deceased husband’s leasehold interest in the property. It will not take too long, but will inevitably delay any ongoing sale.

Worry free way to sign property contracts

I am buying a new house, but will be abroad on an extended business trip when final contracts are due to signed. What should I do?

You are never sure when contracts are likely to be exchanged and a completion date agreed but, naturally, it is not a good idea to be abroad when you are due to complete.

However, in order to facilitate an exchange of contracts in your absence you can either visit your Solicitor before leaving for your business trip and sign all documentation well in advance – leaving strict instructions as to the basis on which the Solicitor is authorised to proceed in your absence – or you may grant a Lasting Power of Attorney dealing with your Property and Affairs, restricting the authority to the appointed Attorney to simply deal with the signing of all documentation relating to your purchase of your new property.

Unless there are major outstanding items on which your Solicitor will need your specific instructions, or indeed no papers have in fact been received before you go away, then it is normal for you to give your Solicitor strict instructions as to the basis on which you would be happy to proceed.

If you are only buying a property and are in no hurry to move in, then ensure your Solicitor has the relevant amount of money made available to him to allow him to complete on your behalf if you are still abroad.

Father’s ‘lost’ sons will share his Will

My father died a widower without leaving a Will. I thought I was his only child but it appears he had two sons by a previous marriage who are making a claim against his Estate. He had no contact with them in more than 40 years. Do they have a claim?

Unfortunately, your father died without making a Will and his spouse had predeceased him. In the absence of a Will he will be deemed to have died Intestate. In an Intestacy, assets will pass in accordance with the Intestacy Rules which is an attempt to anticipate what a Testator would have done had he made a Will. The order of beneficiaries entitled will dictate who is entitled to his Estate.

As he died a widower, but leaving children, then ALL of his children will share his Estate equally. Sadly, despite not having seen anything of his other children for over 40 years they are undoubtedly his children, just as you are. Therefore, all three of you will be entitled to share your father’s Estate equally.

In other words all three of you are entitled under the Intestacy Rules and his two sons need not necessarily make a claim against his Estate as they are absolutely entitled in any event. This is different to two estranged sons who suddenly make a claim against an Estate where there may have been a Will leaving everything to you.

In those circumstances their claim would not succeed unless they could show that they were dependants of your late father and, after no contact in 40 years, this would be impossible to prove. It is examples such as this which emphasises the importance of making Wills – particularly if you have children by a previous marriage or previous relationship.

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?

Housing Associations who own properties on a shared ownership basis with the occupier secure their interest in the property via a charge against the property, which include provisions that mean you are not entitled to carry out alterations to the property without the consent of the Housing Association.

In many cases the Housing Association will own a majority share in the property and will not be willing to allow the occupier to make any alterations to the property which may either prejudice their interest or devalue the property.

You must contact the Housing Association with details of your proposals and they may well approve them – provided their interest in the property is not prejudiced and the proposed alteration does not have an adverse effect on the valuation of the property.

You must retain any written consent given by the Housing Association for this installation as you will be required to hand this over to a prospective purchaser on re-sale.

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?

The tenants probably occupy the property on the terms of an Assured Shorthold Tenancy. There are anti-eviction laws in existence to prevent landlords from excluding tenants from residential property without having first followed the repossession procedure specified by the Housing Acts.

If your tenants are three months in arrears you are entitled to immediately apply to the Court for an Order for Possession, although the likelihood is that by the time the statutory procedure and timescales are followed the six months terms of the tenancy may well be close to expiring in any event.

However, the court proceedings will also entitle you to obtain a money judgement against the tenant for the arrears, in addition to an Order for Possession of the property. Failure to follow this specified procedure will render you in serious breach of the Anti-Eviction Laws.

You should immediately consult a solicitor who will prepare the appropriate notices of Intention to Issue Possession Proceedings. Until these notices are served on the tenant the strict statutory timescales will not begin.

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?

With increasing unemployment a consequence of the current recession, more and more people will experience difficulties in meeting their mortgage repayments. The critical point to bear in mind is to ensure that you approach your Lender immediately you are experiencing difficulties as there are various options open to both you and them in addressing short-term problems.

Sadly, the majority of people, probably due to the stress of the situation, stick their heads in the sand and do nothing, allowing arrears to build up over a period of months. Inactivity and the reluctance to meet the problem head on will cause more problems than it solves, as your Lender will become sceptical as to your genuine willingness to find re-employment or resolve your financial problems.

By contacting your Lender immediately you can discuss the various options available. Depending on the extent of mortgage involved your Lender may be able to offer you a “payment holiday” period while you find re-employment or get yourself back on your feet. Do not pretend that there isn’t a problem. Meet your problem head on. You may be surprised to hear the various solutions available.

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. The lane is being used as a dumping ground. How do I find out who the lane belongs to? The Local Authority says the lane is not their responsibility.

The majority of those lanes are maintained by the Local Authority as part of the adopted highway. However, there are certain instances where these lanes remain private or indeed the ownership of which is unknown.

As with any piece of land in which you are anxious to establish ownership the first step is to make an Index Map Search of the Land Registry. This requires the submission of a plan identifying the lane. The result of this search will clarify whether the title to the land is registered or unregistered. If it is registered title then finding the identity of its owner is simple – obtain an Office Copy of that title, which will specify the name of the proprietor.

If the search reveals the property is unregistered then the problem is very much greater. You could inspect your Title Deeds in order to establish whether yours and the adjoining properties were originally part of an Estate as it is quite probable that the Estate remains entitled to the lane with each property having been sold off with, probably, rights of access from the rear gardens over the same.

If the lane is overgrown then those backing onto the lane should consider the possibility that they could be called upon to contribute towards its maintenance and repair.

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?

The landlord is not allowed to gain access to your flat, or allow others to access the flat, without giving you advanced notice in writing and, ideally, giving you the opportunity to be present. The only exception to this rule is in the event of a genuine emergency when it is commonsense that access is gained in the interests of others.

The landlord should agree a time and a date with you for this visit by the plumber to give you the chance to make arrangements to be there. Failure to do this will amount to a serious breach of the Landlords’ Covenant.

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? I know that our buyer needs to instruct a solicitor and have a survey done for his mortgage lender, and we need to instruct a solicitor. Is there anything else to be done at this stage?

You need to find an experienced and reputable lawyer to act on your behalf, and often personal recommendation is advisable. Request quotes from various law firms but remember that conveyancing is also a specialist area. Those solicitors with a good reputation in the property field will be structured and geared to drive your transaction forward as soon as possible and at the most competitive price.

If you are in possession of your Title Deeds you will need to supply these to your solicitor to enable him or her to issue draft contract papers. You will also need to complete property information forms and a list of fixtures and fittings detailing items included or available for sale in addition to the purchase price.

It is essential you instruct your lawyers promptly to avoid delay as the buyer’s solicitor is unable to do anything until he is in receipt of draft contract papers. In fact, it is arguable that you should consider your preferred lawyer before your property is sold. He may be able to provide you with impartial and crucial advice before the process starts.

Above all else, be aware of recommendation by third parties based on a referral fee being received as this does not always represent the best advice in view of the financial incentives involved for the referrer.

Demised premises provides a full description

What does “Demised Premises” mean on the Deeds of my house? Should I be concerned?

“Demised Premises” is a reference to the extent of the land the subject of the deed and which you can expect to occupy or own. The use of the term “demise” usually refers to leasehold property, the subject of a Lease of land, and therefore the “Demised Premises” will represent a full description of the land which you can expect to acquire and which will be the subject of any such Lease.