Angela Brown
Daniels LLP Solicitors WE sold our house and rented a property in Manchester last year. Since then we’ve bought a house to refurbish and sell (although we’re still living in the rented property), and are now about to buy a home for ourselves. Will we have to pay the new increase in stamp duty? THIS is slightly unusual, in that your ‘main residence’ currently is your rented property, not the one you have bought to refurbish. However the fact remains that when you do come to buy a home of your own you will have two properties, not one, and so the new rates of 3% on the first £125,000, 5% on the amount between £125,000 and £250,000 etc are likely to apply to the purchase. The good news is that, assuming you sell the investment property within 36 months of the home purchase, you should be able to claim a refund from HMRC of the extra sums you have paid in stamp duty. MY father died three years ago leaving just over £50,000. My sister and I, who are his joint executors, are to receive half each after a bequest of £5,000 is made to a half-sister. We have had no contact with her for over 40 years and despite extensive searches we cannot track her down. Is there any time limit in law for us to keep this money set aside? IF the half-sister turns up at any point in the future she will be entitled to her money. However common sense has to prevail eventually. You can share this sum with your sister on the basis that, should the half-sister reappear, you will give her the legacy from your own funds. For larger sums, and where an estate is divided among more beneficiaries, you would probably consider taking out insurance.
END OF THE ROAD
I LIVE at the enclosed end of a cul-de-sac where there’s a turning circle. Very often the turning area is blocked by a visitor to one of the houses. Can you tell me if it’s illegal to park in a turning circle, and if there’s any way I can prevent this from happening? OFTEN in these situations there’s a covenant in the title deeds of homeowners in the street requiring them or their visitors not to park on the turning circle. You could ask your solicitor to check your deeds to see if this is the case, but even where such a covenant exists it could be difficult to enforce. You may have to take out an injunction, for example, and if the problem continued follow up with further legal action. The alternative is to have a word with your community policeman or your other neighbours to see whether a joint approach maybe more effective.
BUYING A GUARANTEE
WE bought a house that has been completely double-glazed by a national firm. We were told by the previous owners to notify the double-glazing company in order to take over the warranties, but the firm has now sent us an invoice for £55. It seems a lot of money just for some paperwork: wouldn’t the original warranties be valid? THE double-glazing firm is legally entitled to set conditions which must be complied with before the guarantee, or warranty, can take effect. If one of the conditions is that new occupants of the houses where their product is fitted must notify them and pay an administration fee, then it would probably be advisable for you to pay up. Since you didn’t buy the double-glazing originally you don’t have the normal statutory rights to compel the firm to put right any problems, so your guarantee is especially important.
Call SAS Daniels LLP Solicitors on 0161 475 7676 or 01625 442 100. Visit www.sasdaniels. co.uk If you have any legal questions, write to Weekly Law and You, MEN Media, Mitchell Henry House, Hollinwood Avenue, Chadderton OL9 8EF, or email mail@lawQs.co.uk