Free Advice Column - 29/10/2008
29 Oct 2008
Selling the family silver
Q. My mother-in-law has been living with a man for many years, and her former home has remained unoccupied and is in a poor state. Her house is on land that her partner now uses as a business, and he has recently put the business up for sale and included the house in the sales particulars. I am concerned that my wife and her brother will lose their inheritance. Is there anything that can be done to protect their interests? My mother-in-law seems happy to go along with her partner’s wishes.
A. From what you say, your mother-in-law will only be entitled to the part of the sale proceeds which is attributable to the house and the land, not the business. If she wants this money to pass to your wife and her brother she should ensure that it goes into an account in her sole name rather than into a joint account with her partner. Otherwise it may be treated as a gift to her partner if she were to die first. If the sale proceeds are kept in your mother-in-law’s sole name they should ultimately pass to your wife and her brother if she gives them the money in her will. Bear in mind however that if the will fails to make reasonable financial provision for the partner, he may be able to successfully challenge the will. In that case he may get some or all of the proceeds from the sale of the house and land in any event.
Pond in the hallway
Q. I bought my council house, which is the middle one of a row of three. There are council tenants either side. In the last 12 months a car ran into the garden next door and blocked a drainage channel, so now rainwater coming from next door and my house can’t get away, and is flooding my hallway. The council say that, since I now own my house they’re going to do nothing about it. Is this right?
A. Probably not. It’s likely that you will have a right to drain water on to the property owned by the council. If this is the case you could if necessary get a court order requiring the council to remove any blockage which is interfering with this right. You should take your title deeds to a solicitor to find out exactly what the position is.
Music goes round and round
Q. Are there any rules about making noise and causing disturbances after a certain time in the evening or late at night? Our neighbour keeps us awake by switching on her washing machine as late as 11.30pm, and the vibration goes on for nearly two hours. She also occasionally plays loud music late into the evening.
A. If you live in a flat it’s just possible your lease will say something about noise, in which case you could make a complaint to your landlord. You could also ask the council’s environmental health team to intervene. But it sounds as though, in common with many people, you just live in a building with poor sound insulation, in which case you may have to reach a compromise with your neighbour. She may be prepared to put foam backed carpet under her washing machine to cut down the vibration, or perhaps you have another bedroom you could switch to. It’s best to try to sort out such problems amicably if possible.
Q. My mother-in-law has been living with a man for many years, and her former home has remained unoccupied and is in a poor state. Her house is on land that her partner now uses as a business, and he has recently put the business up for sale and included the house in the sales particulars. I am concerned that my wife and her brother will lose their inheritance. Is there anything that can be done to protect their interests? My mother-in-law seems happy to go along with her partner’s wishes.
A. From what you say, your mother-in-law will only be entitled to the part of the sale proceeds which is attributable to the house and the land, not the business. If she wants this money to pass to your wife and her brother she should ensure that it goes into an account in her sole name rather than into a joint account with her partner. Otherwise it may be treated as a gift to her partner if she were to die first. If the sale proceeds are kept in your mother-in-law’s sole name they should ultimately pass to your wife and her brother if she gives them the money in her will. Bear in mind however that if the will fails to make reasonable financial provision for the partner, he may be able to successfully challenge the will. In that case he may get some or all of the proceeds from the sale of the house and land in any event.
How much for a freehold?
Q. I have been contemplating purchasing the lease on the property I own. Since the ground rent is £35 a year I offered a figure of £400. However the landlords have come up with the figure of £900. Can they charge whatever they like?
A. You’ve omitted to give me one vital piece of information, namely how long the lease has yet to run. With longer leases the calculation can be as simple as: how much would the landlord have to invest to bring in the sum he receives from you in ground rent each year? But if the landlord demands more you are faced with solicitor’s fees, valuer’s fees and the landlord’s own costs in order to force him to sell. This could come to more than the inflated figure you were offered in the first place.
Pond in the hallway
Q. I bought my council house, which is the middle one of a row of three. There are council tenants either side. In the last 12 months a car ran into the garden next door and blocked a drainage channel, so now rainwater coming from next door and my house can’t get away, and is flooding my hallway. The council say that, since I now own my house they’re going to do nothing about it. Is this right?
A. Probably not. It’s likely that you will have a right to drain water on to the property owned by the council. If this is the case you could if necessary get a court order requiring the council to remove any blockage which is interfering with this right. You should take your title deeds to a solicitor to find out exactly what the position is.
Unofficial car park
Q. I have bought a house, but the previous owners have left an old car in the driveway. They said they’d move it, but three months later it’s still there. It’s not taxed and I’m fairly sure it’s not roadworthy, but I would like it removed. Have you any suggestions?
A. The trouble with other people’s property left at your house or on your land is that you’re under no obligation to keep it for them, but on the other hand you have no right to dispose of it either! Since you know who owns the vehicle you could threaten to move the car from your property on to the road, where the council will dispose of it since it has no licence. The council may also remove the car from your property, but it’s possible they’ll charge you to take it away. You could also discuss the problem with the police, since it can be an offence to abandon a vehicle on someone else’s property.
Music goes round and round
Q. Are there any rules about making noise and causing disturbances after a certain time in the evening or late at night? Our neighbour keeps us awake by switching on her washing machine as late as 11.30pm, and the vibration goes on for nearly two hours. She also occasionally plays loud music late into the evening.
A. If you live in a flat it’s just possible your lease will say something about noise, in which case you could make a complaint to your landlord. You could also ask the council’s environmental health team to intervene. But it sounds as though, in common with many people, you just live in a building with poor sound insulation, in which case you may have to reach a compromise with your neighbour. She may be prepared to put foam backed carpet under her washing machine to cut down the vibration, or perhaps you have another bedroom you could switch to. It’s best to try to sort out such problems amicably if possible.
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