PROPERTY LAW
TENANTS IN COMMON
CAN you explain what is meant by the term ‘tenancy in common’ in connection with property? Should I have the deeds transferred into joint names with my wife, or would we be better off as ‘tenants in common’?
Where two people own a house together they can be either ‘joint tenants,’ which means they own the property in equal shares, or ‘tenants in common,’ which means they can own the property in unequal shares. The significance of owning the house as joint tenants is that, if one of the joint tenants dies, their half share in the house will automatically pass over to the survivor. By contrast if a tenant in common dies, his or her share can be left to someone else. The question of how you own your property is usually addressed when you buy a property or when you make wills; it can depend on your other assets and whether, for example, care home fees are ever likely to become an issue.
BIGGER SMALL CLAIMS
I HAVE a dispute with a builder whose faulty workmanship has cost me £11,400 to put right. I can’t afford legal costs and want to use the small claims procedure, but I understand I will have to limit my claim to £10,000. Can I claim this amount and then a further £1,400 once I’ve won?
The short answer is no, since you can’t claim twice against the builder for the same faulty workmanship. It may be worth checking that the builder is insured before taking action though. Recovering the compensation and fixed costs from the builder personally may not be straightforward and you may need a solicitor’s help. However you may be able to reclaim your legal costs if you decide against the small claims route and are successful.
IN THE SHADE
MY neighbour has put up a 7’6” fence behind my existing boundary wall which blocks out light from my entrance hall and bathroom. Is there anything I can do about it?
You’re supposed to apply for planning permission if you’re intending to build a boundary fence above the height of two metres, or 6’6”, so you should complain to the council. If it was put up some time ago though it may be allowed to remain. Check your title deeds to see if there are any restrictions governing the height of fences, especially if you live on an estate. If you can find such a covenant you may be able to force your neighbour to at least reduce the height of the fence. If the fence has resulted in a significant reduction of light coming into a main living area you may have been able to invoke a ‘right to light’ and seek to have the fence reduced. See a solicitor if this is something you want to consider further.
TENANTS’ INSURANCE
WE have recently rented a ground floor flat. It has been let to us unfurnished, but do we need to take out third party insurance in case, for example, a fire in our flat affected our neighbours?
You are recommended to take out public liability insurance in case you are responsible for damaging your neighbours’ property either by fire or other means. If you have a home contents policy for your own personal possessions you may well find that public liability insurance is included, but you should check this. You should also consider insuring yourselves against losing your accommodation as well as losing your belongings in a fire or a flood for instance. Your landlord will be expected to take out insurance to cover the building and any liabilities associated with it.
»»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