Free Advice Column - 26/11/2008

26 Nov 2008

Sold from under me
Q. In August I paid a £600 deposit plus £500 rent, and I have paid £500 in rent every four weeks since. Now the place is being repossessed because the landlord hasn't paid his mortgage since January. I was given three weeks to move out and I have to find another deposit. Is there any possibility that I could take the landlord to court for the money I have paid him and which he hasn't passed on to the bank?

A. You entered into a contract to pay your landlord, and he entered into a contract to pay his bank. I am sure that you are aware that the two contractual relationships are entirely separate, even if you suffered as a consequence of your landlord's failure to pay the mortgage. This is one of the few situations in which you could lose your home under the assured shorthold tenancy system. You should have been entitled to at least two months' notice however, and your deposit should have been safe under the tenancy deposit law introduced in April last year. Most landlords adhere to this since they can be required to repay three times the amount of the original deposit if they don't.

Car park out front
Q. I live in a row of terraced cottages, of which we own most of the freeholds. One of the newcomers has decided to park his car in front of my house instead of his own, since he wants to build a patio there and keep it looking nice. I've asked him to move his car but he won't.

A. Only your title deeds will tell you what, if anything, you can do in this situation. If your property is registered your solicitor will be able to view the deeds online; otherwise you should make an appointment to see a solicitor and take the deeds with you. The fact that you own the freehold doesn't unfortunately mean you can dictate how the occupants of the row use their properties. Their leases will give them certain rights. If the road in front of your property is not adopted by the council it's possible you will own the section in front of your house.


Legal aid burden
Q. I was involved in a lengthy legal dispute with my ex-partner who claimed a share of my house when he left. Although I won I was left with a legal aid bill for nearly £12,000 plus interest at 1% above the base rate. Although I'm 65 I still have a mortgage and I only have my state pension and other benefits. I wrote to the legal aid board explaining my circumstances last year but never received a reply?

A. In cases where you have been involved in litigation proceedings and have managed to preserve the whole or part of your assets, it's likely that the Legal Services Commission will require reimbursement of the legal fees incurred on your behalf. The board assesses the position once the matter is concluded to see how you are able to pay off the debt, known as the Statutory Charge. Where you have no ready means to pay back the money, the charge will usually then be secured on your home. The solicitor who assisted in your claim should be able to give you further information.

Ground rent fears
Q. Last year my ground rent collector changed. A request for payment always used to arrive on the dot at the beginning of May, but since the change I have received no request whatsoever. I have tried to get in touch with the new people without success. I own my house on a 999-year lease, but I feel uneasy; are there any circumstances under which my ground rent could be increased, or altered in any way?

A. There's no reason to feel uneasy. The absence of the freeholder (the landlord) can cause problems if you want to sell, and it's possible you could be asked for up to six years' back rent if the landlord reappears. However the law has changed so that the ground rent is no longer payable unless you have received a demand in a prescribed format. Bear in mind however that while your property is leasehold you are obliged to keep to the terms of the lease. The ground rent can only be altered or increased if this is provided for in your lease. You should get hold of a copy of this document if you don't already have one.

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