From July 2007 it will be illegal to sell your house without having a Home Information Pack (HIP) in place. The Government has recently published guidelines on what will be contained in the Pack and this includes details about the title of your property, questionnaires similar to those a seller completes presently in connection with the use and ownership of the property, the searches that would presently be undertaken by a buyer and a Home Condition Report - a document similar to a survey (but not containing a valuation of the property) carried out by a Home Inspector. We have a relationship with qualified Home Inspectors - please ask us about preparing a Pack for you.

^ Top

My flat lease has only 69 years left to run. My landlord says he won't consider extending it as he is trying to sell the freehold. How do get around this?

You need to try and get your lease extended because the flat has a very limited market with such a short lease. If you and the other tenants in your building buy the freehold to the property then you can (within reason!) control your own destiny. You and the other tenants in your building can take matters into your own hands, if you have qualify, as you may have a collective right to buy the freehold of your building under the Leasehold Reform (Housing and Urban Development) Act 1993. The procedure for this is complicated, depends on the co-operation of your co-tenants and is potentially expensive as you will need to have the services of both a valuer and a solicitor who specialises in work of this type. The procedure is set out in the Act and involves quite long notice periods, so don't expect to get this resolved very quickly. Look at www.lease-advice.org for advice on the procedures and law.

^ Top

My partner and I are first time landlords. What are our main duties and obligations?

Under the Landlord and Tenant Act 1987 you and other tenants under long lease have a right of first refusal when your Landlord offers your freehold for sale. Failure to give the proper notice is a criminal offence.

You will have two sets of obligations, those that are set out in the tenancy agreement which the landlord supplies to the tenants and those that are imposed by law. You can get a tenancy agreement drawn up by a solicitor or buy your own at a law stationers or large stationery outlet. If you are employing a property management agent they may have a standard tenancy agreement as part of their package. Generally in the tenancy agreement the landlord accepts responsibility for repairs and insurance of the property.

The law provides that you must also ensure that any gas and electric installations (but not your tenants' own appliances) are up to scratch and you have to provide an annual safety certificate in respect of each of these services. You should check with your local authority as to whether they have any regulations in force for houses in multiple occupation (they may require fire proofing works to be carried out for instance). If you are letting the property as a furnished house you must make sure the furniture complies with the Furniture and Furnishings (Fire Safety) Regulations Act 1988 as amended.

^ Top

I have been renting out my flat for 11 months, after moving into my partner's house. Do I have to pay capital gains tax when I sell it ?

Where you have occupied a property as your home for over six months you are entitled to relief from Capital Gains Tax. This can be claimed even where you have not occupied your property for up to two years before its sale.

^ Top

My boyfriend and I are splitting up. How do we go about transferring our house and mortgage into my sole name?

Firstly you must approach your mortgage lender and ask for the necessary application forms to transfer the house and mortgage into your sole name. Your lender will need to check that you can afford the mortgage on your own, before they will consent. They will take into account your income and existing credit commitments just like when you first bought your house. When they have consented you will need a solicitor to draw up the documents, ensure that your interests and those of your mortgage lender are protected, and register the transaction at the Land Registry.

^ Top

My partner and I have both been married before and want to leave a share in our shared house to each of our children in our Wills. How do we go about this, and can we ensure that the survivor of us still has a roof over their head?

If you have not already set up your deeds in this way, you will have to arrange for you to hold the property on a tenancy in common. If you hold as joint tenants (the alternative to this) then the survivor of you would automatically inherit the house regardless of what you might say in your Wills. You will have to both make Wills and it is possible to give your partner a right to occupy your home during his/her lifetime or until he/she remarries or cohabits, whereupon your share in the house would pass to your children.

^ Top

I am buying my first house. Why is there such a variation in the cost of this between solicitors' firms?

There is quite a lot of competition in some areas which forces prices down, and unfortunately some firms do not offer a very high standard of service. Remember that in most areas in life you get what you pay for and some good questions to ask when ringing round for quotes are :

Does the firm have published service standards?
Has the firm achieved a professional benchmark such as Lexcel or Investors in People?
Who will be dealing with my case?
Is the firm of a sufficient size to have holiday and sickness cover on hand if the person dealing with my case is not there?
Is the firm easy to contact in a way that suits me - eg e-mail and direct lines to the person that is dealing with my case?

Why not look at our quotes page for an idea of our charges?

^ Top

My husband and I are doing a house swap with my parents-in-law. Do we each need a solicitor?

Generally, professional ethics say that seller and buyer in the same transaction must be separately represented but this rule is relaxed where there is no conflict of interests or potential conflict of interests and the parties are related by blood or marriage. If you are getting a mortgage then you must check with your mortgage lender that they are happy with the same solicitors acting for both parties.

^ Top

I am buying a leasehold flat and want to put in an en-suite bathroom. Will I need my landlord's permission?

Look at your lease to check this, but generally a tenant is prohibited from making alterations without the landlord's consent. Your landlord will probably need your written request and a copy of your plans. Don't forget that the installation of a new bathroom will also need building regulations approval and so you will have to speak with your local authority's building control department too, before commencing work.

^ Top

I am buying a newly built house. Someone has told me I should check that it has NHBC cover. What is NHBC cover and how do I know if I will have it?

NHBC stands for National House Building Council. NHBC's mission is to set and improve the standard of new homes across the UK. NHBC does this by registering house builders, setting standards of construction, carrying out checks during construction and providing a range of warranty and insurance services. Check that your builder is NHBC registered. You can phone the NHBC on 0845 845 6422 or visit their web-site, www.nhbc.co.uk. On purchase of a newly-built house with NHBC cover you will have in essence the following cover : For the first two years the builder is responsible for any damage caused by the builder failing to meet the NHBC's standards of construction. If the builder has become insolvent the NHBC insures the work. There is a Resolution Service in the event of a dispute between yourself and the builder. For the next eight years the cover is in respect of mainly structural work (for houses built after April 1999 this includes double glazing and contaminated land) costing over £500. As an alternative to NHBC cover your builder might offer an architect's certificate or Zurich cover. Check with your mortgage lender whether these are acceptable and chat with your surveyor about any knock-on effect on value or re-saleability.

^ Top

Do I need planning permission for a small conservatory?

Check this with your local authority. Some councils will do a 'householder's planning check' for a nominal fee and will confirm whether a planning application is needed. Generally the General Development Order (GDO) says permission is deemed to have been given if the proposed development falls within certain dimensions, but the original planing permission for your house might have stated that the GDO provisions are excluded, or other extensions might have 'used up' your allowance as it were. Check your deeds too, to make sure that you don't need your original house-builder's consent.

^ Top

I am selling my house and my solicitor says I will have to pay £250 for restrictive covenant indemnity insurance because I built a garage without the original builder's consent. I checked with the local authority who said I would not need planning permission. The house was built in 1984. Surely this can't be right?

Many builders retain a degree of control over their developments with a view to keeping the estate smart and uniform. It seems that your deeds include a restrictive covenant against further building without the builder's consent. If there has been an open and unchallenged breach of a restrictive covenant for more than 20 years then the person having the benefit of the restrictive covenant is not allowed to take legal action. Sometimes builders will give their retrospective consent to breaches of covenant but sometimes they cannot be traced. In these cases purchasers usually insist on restrictive covenant indemnity insurance to protect themselves against the possibility of someone suing on the covenant and this is what you are being asked to pay for.

^ Top

I paid a Land Registry fee when I bought my house two years ago but now that I am remortgaging my solicitor says I have to pay another £70. Why is this?

Your solicitor will have to register your new mortgage and the discharge of the old mortgage at the Land Registry and this is what the fee relates to. It is always worth checking at an early stage that the potential savings by moving your mortgage outweigh the costs involved - especially where your old lender is charging an early redemption penalty.

^ Top

Berwins Solicitors - Form