An­gela Brown


SAS Daniels LLP So­lic­i­tors MY ten­ants dis­ap­peared overnight ow­ing me £1,400 and tak­ing with them the water heater and a num­ber of elec­tri­cal fit­tings. They stopped pay­ing their rent in June, say­ing they were claim­ing hous­ing ben­e­fit and that I would be paid by the coun­cil. I have tracked them down, but I know their busi­ness went bust so would I be throw­ing good money after bad by tak­ing them to court? FAIL­ING to pay their rent is one thing; steal­ing your prop­erty is an­other. I sug­gest you con­tact the po­lice im­me­di­ately if you haven’t al­ready done so to re­port the theft of your be­long­ings. You could then is­sue a small claim for re­cov­ery of the rent ar­rears. Al­though the ten­ants may not have any money right now, once you ob­tain Judg­ment you would have six years to take en­force­ment ac­tion to re­cover the money, dur­ing which time their cir­cum­stances may change. Any­one in­tend­ing to rent out a prop­erty should have a ten­ancy agree­ment drawn up by a so­lic­i­tor and take im­me­di­ate ac­tion at the first sign of trou­ble. I AM a joint ex­ecu­tor and ben­e­fi­ciary of a will, but the other ex­ecu­tor is ob­ject­ing to the will’s va­lid­ity. Is it pos­si­ble for just one of the ex­ecu­tors to ap­ply for pro­bate? Any le­gal costs could ex­ceed the value of my in­her­i­tance. YOU could ap­ply for pro­bate and then wait for your co-ex­ecu­tor to raise ob­jec­tions as to its va­lid­ity. The way for­ward re­ally de­pends on the value of the es­tate and whether the will al­ters the way it would be dis­trib­uted: in other words would the es­tate be dis­trib­uted any dif­fer­ently un­der the in­tes­tacy rules? You don’t say what the other ex­ecu­tor’s ob­jec­tions con­sist of. But where two ex­ecu­tors can’t agree, the an­swer is usu­ally to dis­cuss the is­sue with a so­lic­i­tor spe­cial­is­ing in this area: it could save money in the long run. MY back gar­den seems to be 4ft longer than my neigh­bours’, but on a map of the area it show the gar­dens are all the same length. I’m only concerned about this be­cause the coun­cil want to build houses on the fields at the back and may want the land back. The gar­den has al­ways been this way in the eight years since I bought it and in the 25 the pre­vi­ous owner lived here. I THINK it’s un­likely that the coun­cil will want to fall out over 4ft of gar­den. You will be able to make a claim of own­er­ship of it in any case if you can prove that you have had ex­clu­sive pos­ses­sion of the land for more than 12 years (if the land is un­reg­is­tered) or 10 years (if the land is reg­is­tered). Ide­ally you would get signed state­ments to this ef­fect from the pre­vi­ous owner and/or neigh­bours and pho­tographs show­ing the land is fenced off as part of your gar­den. MY neigh­bour next-door­but-one has grown a Ley­landii hedge on the bound­ary with­out the per­mis­sion of my neigh­bour next door, whose gar­den is over­grown. Who is re­spon­si­ble for main­tain­ing his half of the hedge: it’s cur­rently 7 me­tres high and re­strict­ing light to my gar­den. IN the nor­mal way of things your neigh­bour would cut the hedge that in­trudes into his gar­den. But this wouldn’t nec­es­sar­ily re­duce its height, and it sounds as though it’s not a con­cern to your im­me­di­ate neigh­bour. You should ob­tain (or down­load) a book­let from the coun­cil about high hedges, which will tell you whether you are able to make a com­plaint de­pend­ing on hedge height, ori­en­ta­tion etc. But in or­der to use the high hedges leg­is­la­tion you will have to seek to re­solve the mat­ter with the hedge owner in the first place.

Call SAS Daniels LLP So­lic­i­tors on 0161 475 7676 or 01625 442 100. Visit­daniels. If you have any le­gal ques­tions, write to Weekly Law and You, MEN Me­dia, Mitchell Henry House, Hollinwood Av­enue, Chad­der­ton OL9 8EF, or email

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