The legal side of buying a home and being a homeowner can seem intimidating. So, we asked legal expert Mark Morton to answer your questions – from how to find a conveyancer for your first home purchase to the way property assets are distributed in a will, help is at hand
How do I choose the right solicitor for me?
I’m looking to purchase my first property, how do I choose a solicitor, do I go with the one estate agent has recommended, a local firm, or will the more expensive ones be better?
Answer
Buying your first home is an exciting time but can also be very stressful, especially if you choose the wrong lawyer.
Estate agents will often have firms they recommend and there is no harm in speaking to them, but it is always a good idea to get at least three quotes from different firms.
As with most services, recommendations from friends and family are often the best way and be sure to look at Google Reviews too. Conveyancing services vary widely, both in the speed of service and the quality of service.
The cheapest is not always the best route and you will often find many firms have a list of ‘add-ons’ in addition to their fee and this can include acting for your mortgage lender or completing the stamp duty land tax form.
When obtaining quotes be sure to ask for as much detail as possible and check who will do the work. Often you will find the work will be carried out by a junior member of staff who can have relatively little experience.
Communication is key during the conveyancing process, and you want to appoint a lawyer who is approachable and who will respond to questions in a timely manner.
Decide what is important to you and what you are comfortable with. Sometimes added security and peace of mind gained from knowing that your lawyer is accessible and ‘on it’ is worth the extra money!
How do I ask my tenant to vacate my property?
I have a second property which I rent out; the current tenant has been in there for just over two years. I have written to them to ask them to leave and spoke on the phone to confirm they received the letter, now they are refusing to answer any of my calls and will not answer the door!
What are my options in dealing with this situation, do I need to get in touch with a solicitor, if so, how can they help in this situation?
Answer
I assume that the property is let under an Assured Shorthold Tenancy, and that the tenant will not leave voluntarily.
If there are no rent arrears or other tenancy breaches, then the only way to recover possession is by court proceedings, after a valid Section 21 Housing Act 1988 Notice seeking possession has been served. There are various pre-notice requirements to be followed.
The Section 21 notice must give at least two months’ notice, and then court proceedings can be commenced, under the paper-only Accelerated Possession Procedure.
Once a court order for possession is made, as it should be (there is no defence to a valid Section 21 Notice), then bailiffs will need to be instructed, if the tenant does not vacate voluntarily by then.
You do not need to instruct solicitors, but it is advisable. This is because, although the costs may not be recovered in full, there are numerous potential pitfalls which a legal expert will be able to advise you on, to avoid any problems in recovering possession.
Legal experts who specialise in this area of law will be able to efficiently draft the necessary notice and proceedings.
I am a single parent – is it best to have a will in place?
I am a single parent of two boys aged 9 and 13, the father has had no contact for the past five years by his own admissions.
I am lucky enough to own my property, but my funds just cover my bills and day-to-day living for me and the boys so I have no savings. I have started to think about what would happen if something happened to me?
Would a will be the best way to ensure the house will be left to my children? Any advice would be greatly appreciated.
Answer
It would be advisable for you to have a will in place for a number of reasons. You may wish to appoint guardians for your sons which you can do in your will.
You should also make a will so that the trustees can be appointed to set up the trust fund/property for your sons in the event of your passing whilst they are still minors.
Please contact our offices for more detailed advice and initial free no obligation discussion.
Separating from my long-term partner: Am I entitled to a share of the house?
I lived with my ex-partner for eight years, we never married but we had two children. I lived with him at his property but never had my name on the mortgage or on a household bill.
I paid towards the bills and maintenance on the house, new windows, kitchen and an extension, am I entitled to a share in the house, or do I have to walk away with nothing?
Answer
Where parties are not married, and the property is registered in only one party’s name, there is no automatic right for the non-owning party to have an interest.
The starting point is to consider how the title is held and thereafter whether there is Trust Deed or Declaration of Trust in place.
If, however, direct financial contributions were made to the purchase, maintenance or refurbishment of the property, then you may be in a position to assert a beneficial interest in the property under the principles of Trust Law.
Or alternatively, if promises were made that you would have an interest, and you acted to your detriment – for example by putting money into the property as a result of the promise – then you may have an interest under the law of proprietary estoppel.
As you have children, depending on how much money your partner has, you may be entitled to make a claim under the Children Act for financial provision for the specific benefit of the children, which can in some cases include provision of property (on trust) whilst the children are in their minority.
This is separate to the entitlement to child maintenance which the Child Maintenance Service remains the authority on.
In all cases, you will need to speak to a lawyer who will take detailed information from you about the circumstances and who can then advise on whether you may have a claim.
What will happen to my parent’s assets if they don’t make a will?
Both my parents are in their 70s and own their property outright, they also have a savings account. They don’t currently have a will.
My father has children from a previous marriage but he has had no contact with them for over 30 years. I also have a brother who disowned his family over 10 years ago so there is only me left to look after my parents. What would happen to their savings, property and possessions if they don’t make a will?
Answer
In the event of one of your parents dying without making a will, their estates will pass according to the Intestacy Rules. This may not provide adequately for your surviving parent.
On the death of both of them, again, the surviving parent’s estate will pass according to the Intestacy Rules which means that their estates could pass to their estranged children.
It is therefore imperative that they make wills. Please contact our offices for more detailed advice and initial free no obligation discussion.
Meet our expert…
Mark Morton joined Parfitt Cresswell in February 2020. A Licensed Conveyancer, who has been qualified since 2006, Mark’s expertise lies in all aspects of residential freehold and leasehold sales, purchases, remortgages and transfers of equity.
With more than a decade of working in prime central London Mark has experience working with all types of property. He prides himself on his common-sense approach and attention to detail.
If you have a question for Mark please email kate.saines@emap.com
