Anticipating a surprise
Q. Two years ago new managing agents were appointed to run our freehold apartment complex. The first service charge they issued was lower than the preceding ones, and I questioned them about this in writing on three separate occasions so as to avoid any nasty surprises down the line. Now they say there was “confusion” and are demanding £400 to make up the deficit. I think they are guilty of professional negligence and should make up the difference out of their own fees, but they are now threatening legal action.
A. You will probably have to pay up. I imagine they will be authorised to levy increased charges in the agreement they have with the apartment owners. You should become more involved in the running of the complex, attending residents’ meeting and the like. You could then suggest replacing the agents if necessary. Ideally you would have put the amount by which you felt you had been undercharged to one side in order to meet the current demand.

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House price deflated
Q. We were selling our house and agreed a price in March. The couple who were buying have been stalling, saying they were unable to sell their own property. Now they have announced that they want to cut the price by £15,000. Can they do that?
A. I’m afraid they can unless both you and they signed and exchanged contracts. Verbal agreements don’t count for anything when it comes to buying and selling land and property. Of course the house may have decreased in value over the last five months in the current climate so some reduction in the price may be justified. But you don’t have to accept their offer. If you think the buyers weren’t very interested in the property and you may be able to get more you should put it back on the market.

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Closing the gate
Q. There is a public footpath across the field at the back of my house, and I have a gate at the bottom of my garden leading out on to the field. The land has recently been sold to a developer, who is applying for outline planning permission to build some houses. This could close off my access to the back of my property; will I still have a right of access? The gate has been in existence for about 15 years.
A. Fifteen years isn’t long enough to acquire a right to cross someone else’s property. 20 years is usually regarded as a minimum, and only where no permission has been sought or denied. If you put the gate in it doesn’t sound as though you have a legal right to use it, although there’s no harm in making representations to the council for continued access. The position is different as regards the footpath, of course, but I take it the footpath doesn’t go across the back of your property. The developer will have to ask the local authority to apply for an order to close or divert the path.

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No record of rentcharge
Q. When we bought this house 50 years ago it was subject to an annual Chief Rent of £10. Some time ago we tried to pay off this charge, and the agent confirmed that an application was sent to the Department of the Environment but we heard nothing further. Now the new agents say they have no record of our property and think the rentcharge may have been paid off at some time. If we pursue this, are we likely to get a large bill for outstanding payments, or can we get the appropriate certificate?
A. If you haven’t paid to redeem your rentcharge (also known as Chief Rent) you’re unlikely to get a redemption certificate. The cost of redemption will probably amount to a hundred pounds or so. I suggest you let the Rentcharges Unit at the Government Office for the North West, City Tower, Piccadilly Plaza, Manchester M1 4BE try to sort this out for you. If you complete an application form and send in a copy of the deed that created the rentcharge, they will contact the rentcharge owner and hopefully resolve the issue. They will certainly be able to advise on how to proceed further. It’s possible you will be asked for the last six years’ payments.

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Giving it away
Q. I’ve thought of having a “deed of gift” drawn up for my property, but have been told that this will cost around £400 inclusive of VAT. Since I am a pensioner would I be able to obtain legal aid for this?
A. Legal aid will not be available. I assume that you intend gifting the property to a family member. If you subsequently fall out with the person you’ve given it to, or you give it to someone who owes money or gets divorced, you could find yourself homeless. A deed of trust could provide you with some protection against these possibilities and would also help to avoid Capital Gains Tax problems. I suggest you see a solicitor who specialises in trust law.