Free Advice Column - 03/03/2009
03 Mar 2009
Electric shock
Q. I run a café in a garden centre and I am being ripped off for my electricity by my landlord. I have just been presented with a bill for £4,000 for six months, and although I have tried to get this sorted out they reckon that what they're charging me is correct. I have been making small payments towards the bill but they've threatened to evict me unless I pay the full amount.
A. Landlords of residential premises can only charge their tenants what they themselves have paid for it. However this does not apply to gas or electricity resold for use in commercial premises. In these circumstances the cost of energy use should be the subject of an agreement between the landlord and tenant. Check what your lease has to say on the subject: it should say something, since your landlord cannot charge you for electricity at all unless the lease says so. Your solicitor should have pointed out the clause before you rented the premises. Hopefully you took legal advice before signing up.
Doubts about expansion plans
Q. I objected to my neighbour building a further extension at the back of his house. He's already built a two-storey extension without planning permission, and wanted to go out almost to the bottom of his garden by adding another room. Will the council now inspect the original extension to check that it was built properly, and would they serve a notice if it was dangerous?
A. Your neighbour may have been entitled to build his first extension without planning permission as long as it didn't increase the size of the original property beyond a certain limit. However the extension will have required buildings regulation approval, which is a separate department. If the local authority was not directly involved, the extension should either have been checked by an Approved Inspector or built by a builder approved to self-certify the work. You should check with the council's Building Control services that they were notified of the extension. If they weren't they may well come round to check that it complies with building regulations.
Leave out legal action
Q. I have lived next door to my neighbour for 30 years and he never clears his gutters, which regularly get blocked with leaves from a tree in his garden. He says he's afraid of heights. We live in a terraced row, so the rain backs up when it can't get to the drainpipe on his property. I have cleared his gutters from time to time, but at 69 I need a rest. What are my rights?
A. If the rainwater was spilling down your property and causing damage you may be able to take legal action to force your neighbour to clear the gutters. But you don't say how you're affected by this. Normally the water spills out at the point of the blockage – presumably over your neighbour's house. I'd be reluctant to spoil a 30-year relationship over this. You can buy mesh to fit over gutters to prevent leaves blocking them; it's cheaper than a court case!
Rent collector
Q. I get a discount on my ground rent in return for collecting the rent from the four adjoining properties. But the cost of doing this now exceeds the discount. The agent has offered to sell me the freehold but the cost of doing this will be high and the lease is for 999 years in any case.
A. You can apply for an Order of Apportionment, which legally separates your share of the rent from the others and means you are no longer responsible for collecting your neighbours' contributions. Obtain an application form from Government Office for the North West, City Tower, Piccadilly Plaza, Manchester M1 4BE. If your share of the rent comes to £5 or less per annum you may be asked for a lump sum to “buy out” your ground rent; this is likely to amount to less than £100, but otherwise there is no charge to obtain an order.
Q. I run a café in a garden centre and I am being ripped off for my electricity by my landlord. I have just been presented with a bill for £4,000 for six months, and although I have tried to get this sorted out they reckon that what they're charging me is correct. I have been making small payments towards the bill but they've threatened to evict me unless I pay the full amount.
A. Landlords of residential premises can only charge their tenants what they themselves have paid for it. However this does not apply to gas or electricity resold for use in commercial premises. In these circumstances the cost of energy use should be the subject of an agreement between the landlord and tenant. Check what your lease has to say on the subject: it should say something, since your landlord cannot charge you for electricity at all unless the lease says so. Your solicitor should have pointed out the clause before you rented the premises. Hopefully you took legal advice before signing up.
Who cares wins
Q. My daughter and her boyfriend bought a house together two years ago. My daughter put down a substantial deposit and paid all the moving expenses since the boyfriend had many debts, so the solicitor divided their ownership, giving two-thirds to my daughter. They have one child but are now splitting up, and my daughter is told the boyfriend is entitled to a third of the equity in the house. Is this correct?
A. Yes and no. If the couple simply put the house on the market, the boyfriend will be entitled to a third of the proceeds when it comes to be sold. But your daughter could apply to the court to stay in the house until their child reaches 18, which means that the boyfriend would have a very long wait for his share. That being the case your daughter could probably offer him a small amount to sign the property over to her. Your daughter should discuss this with a solicitor, especially if she wants to remain in the house and the equity in the property is still significant. Of course if the boyfriend was looking after the child the position would be reversed.
Doubts about expansion plans
Q. I objected to my neighbour building a further extension at the back of his house. He's already built a two-storey extension without planning permission, and wanted to go out almost to the bottom of his garden by adding another room. Will the council now inspect the original extension to check that it was built properly, and would they serve a notice if it was dangerous?
A. Your neighbour may have been entitled to build his first extension without planning permission as long as it didn't increase the size of the original property beyond a certain limit. However the extension will have required buildings regulation approval, which is a separate department. If the local authority was not directly involved, the extension should either have been checked by an Approved Inspector or built by a builder approved to self-certify the work. You should check with the council's Building Control services that they were notified of the extension. If they weren't they may well come round to check that it complies with building regulations.
Leave out legal action
Q. I have lived next door to my neighbour for 30 years and he never clears his gutters, which regularly get blocked with leaves from a tree in his garden. He says he's afraid of heights. We live in a terraced row, so the rain backs up when it can't get to the drainpipe on his property. I have cleared his gutters from time to time, but at 69 I need a rest. What are my rights?
A. If the rainwater was spilling down your property and causing damage you may be able to take legal action to force your neighbour to clear the gutters. But you don't say how you're affected by this. Normally the water spills out at the point of the blockage – presumably over your neighbour's house. I'd be reluctant to spoil a 30-year relationship over this. You can buy mesh to fit over gutters to prevent leaves blocking them; it's cheaper than a court case!
Rent collector
Q. I get a discount on my ground rent in return for collecting the rent from the four adjoining properties. But the cost of doing this now exceeds the discount. The agent has offered to sell me the freehold but the cost of doing this will be high and the lease is for 999 years in any case.
A. You can apply for an Order of Apportionment, which legally separates your share of the rent from the others and means you are no longer responsible for collecting your neighbours' contributions. Obtain an application form from Government Office for the North West, City Tower, Piccadilly Plaza, Manchester M1 4BE. If your share of the rent comes to £5 or less per annum you may be asked for a lump sum to “buy out” your ground rent; this is likely to amount to less than £100, but otherwise there is no charge to obtain an order.
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