Free Advice Column - 05/11/2008
05 Nov 2008
Missing the point
Q. When I bought my house the homebuyer survey told me that the house was of cavity wall construction. I have since found out that the end gable wall was formerly a dividing wall, and is of solid construction. As a result it suffers from severe penetrating damp. Can I demand that the surveyors pay for the wall to be made watertight?
A. If you had a full structural survey carried out you may well be able to ask the surveyors to fund the remedial work required. But as you may be aware, there are several types of survey. There’s the basic valuation report demanded by the lender to ensure that the property is worth the money you are asking to borrow. This will point out obvious faults which may affect the property’s value, but is not a survey as such. A homebuyer’s report is more detailed but is much cheaper than a full survey. A surveyor carrying out one of these should probably have been able to pick up a serious damp problem, but you may have difficulty proving liability. I suggest you discuss this with your solicitor.
Names on deeds
Q. The names of both my husband and I are on the title deeds of our house. My husband died two years ago. Do I need to take formal steps to remove his name from the deeds, or will it be sufficient for our children to produce our death certificates when the time comes?
A. If your house is registered at the Land Registry they will alter the ownership details free of charge if you send them the appropriate application form (AP1) together with the death certificate, although there is no necessity for you to do this. In order for your children to ultimately inherit the property I recommend that you make a will in which you leave your estate including the home to your children. If you fail to do this then your children will inherit the house under the intestacy rules, assuming that you do not remarry prior to your death. Whether your children are inheriting under a will or under the intestacy rules, they will need more than just your death certificate to deal with the house. Real estate can only be dealt with under a Grant of Probate (where there is a will) or under a Grant of Letters of Administration (where it is an intestacy).
Dead money
Q. Nearly 20 years ago when I moved into an unfurnished house I paid a deposit equivalent to eight weeks’ rent. I will soon be moving out. Will I receive the same sum back, or am I entitled to interest on this figure, and if so how would I work it out?
A. Unless there’s something in your tenancy agreement saying you’re entitled to interest on your deposit (which I think is highly unlikely) you’ll get back the amount you paid 20 years ago, I’m afraid. You can ask your landlord for interest, but I wouldn’t hold your breath.
Q. When I bought my house the homebuyer survey told me that the house was of cavity wall construction. I have since found out that the end gable wall was formerly a dividing wall, and is of solid construction. As a result it suffers from severe penetrating damp. Can I demand that the surveyors pay for the wall to be made watertight?
A. If you had a full structural survey carried out you may well be able to ask the surveyors to fund the remedial work required. But as you may be aware, there are several types of survey. There’s the basic valuation report demanded by the lender to ensure that the property is worth the money you are asking to borrow. This will point out obvious faults which may affect the property’s value, but is not a survey as such. A homebuyer’s report is more detailed but is much cheaper than a full survey. A surveyor carrying out one of these should probably have been able to pick up a serious damp problem, but you may have difficulty proving liability. I suggest you discuss this with your solicitor.
Cut adrift by stepdaughter
Q. After my brother died, my parents brought up his stepdaughter. She had a child and continued to live with them. Finally when my mother died she took my father to a solicitor to make a new will. He was very upset at the time, and left her everything. The family business has closed and we are now on income support. What will be my position if I outlive my father?
A. Assuming the will was drawn up by an experienced solicitor, he or she will have taken care to ensure that your father was not unduly influenced by his step-granddaughter, and that he was of sound mind when he signed the will. That being the case it will be very difficult to challenge it. If you can show that you are dependant on your father you may be able to make a claim against his estate on the grounds that he failed to make reasonable financial provision for your maintenance. The court would take into account all the circumstances. You would be better off at this stage discussing your concerns with your father if you can. A change to his will is the best remedy.
Names on deeds
Q. The names of both my husband and I are on the title deeds of our house. My husband died two years ago. Do I need to take formal steps to remove his name from the deeds, or will it be sufficient for our children to produce our death certificates when the time comes?
A. If your house is registered at the Land Registry they will alter the ownership details free of charge if you send them the appropriate application form (AP1) together with the death certificate, although there is no necessity for you to do this. In order for your children to ultimately inherit the property I recommend that you make a will in which you leave your estate including the home to your children. If you fail to do this then your children will inherit the house under the intestacy rules, assuming that you do not remarry prior to your death. Whether your children are inheriting under a will or under the intestacy rules, they will need more than just your death certificate to deal with the house. Real estate can only be dealt with under a Grant of Probate (where there is a will) or under a Grant of Letters of Administration (where it is an intestacy).
Window on our world
Q. My neighbour has had a conservatory built a foot from the boundary fence between our two houses. It’s higher than the six-foot fence and has a window which opens over the top of it. This is within a few feet of my kitchen door and I find it intrusive. Is my only option to raise the fence to two metres, or is there something else I can do?
A. The window should not open beyond the fence, and in theory you could go to court for an injunction to prevent an unreasonable intrusion into your air space. However it would be cheaper to discuss this with your neighbours and either ask them not to use the window or at least limit its travel. Alternatively raising the height of the fence could be an option as you suggest, assuming it’s your fence. If it’s not you could build a higher one on your side as long as it’s not near the road.
Dead money
Q. Nearly 20 years ago when I moved into an unfurnished house I paid a deposit equivalent to eight weeks’ rent. I will soon be moving out. Will I receive the same sum back, or am I entitled to interest on this figure, and if so how would I work it out?
A. Unless there’s something in your tenancy agreement saying you’re entitled to interest on your deposit (which I think is highly unlikely) you’ll get back the amount you paid 20 years ago, I’m afraid. You can ask your landlord for interest, but I wouldn’t hold your breath.
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