PROPERTY LAW

RENT MOB

MY son is renting a private property on an estate. Does he have the same right to buy as council tenants, and if so are there certain requirements, such as length of tenancy?

No, private tenants have no “right to buy” a property from a private landlord. If the house was on an estate that is not a council estate but owned by a housing association or another organisation defined under legislation as a “Right to Buy landlord”, then your son may have a right to buy subject to meeting the eligibility criteria.

If your son wishes to buy his house from his private landlord he will have to make the owner an offer he can’t refuse!

LEGACY AT RISK

MY son and his wife went bankrupt 12 months ago. They’re due to inherit from our wills, but someone has told me that even when they are discharged the receivers would take any money we left them. This is causing me a lot of worry.

The advantage of bankruptcy from your son and daughter-inlaw’s point of view is that it is possible for them to make a fresh start: the slate is wiped clean. So long as they co-operate with their Trustee in Bankruptcy, they will be discharged from bankruptcy after 12 months. The information that you have been given is incorrect. If either your son or daughter-inlaw inherit any money during the period of their bankruptcy, then those monies go to the Trustee in Bankruptcy. Once they are discharged from bankruptcy, they keep any inheritance. It is important, therefore, to know whether they have been discharged from bankruptcy. You can check this online. If you are concerned that they may inherit during their period of bankruptcy, then you should change your will. You can always change your will again once they have been discharged. Make sure that you take the appropriate advice when changing your will as you would not want a new will to be invalid because of a technical deficiency.

HIT BY FLYING ROOF

I RENT a lock-up garage from the council. During a gale one of the roofs from a neighbouring garage blew off and crashed on to mine, damaging my car. But the council won’t accept any responsibility for this.

You will have to check the terms of your tenancy agreement, but it’s unlikely under normal circumstances that the council would be responsible for damage to your car. You may have a case though if the garages are in such a state of disrepair that the council could have foreseen that storm damage could occur. In that case see a solicitor, although you should check to see if the damage is covered by your own insurance first.

TAKING THE MICKEY

WHOSE responsibility is it to deal with mice in private furnished rented accommodation? Is it the landlord’s responsibility or the tenant’s?

If the building was in a poor state of repair and the mice posed a threat to health, the council’s environmental health department could force a landlord to put right the defects or face prosecution. Failing that, most tenancy agreements say something about upkeep of the property, and a tenant could take his or her landlord to court for breach of contract. On the other hand a landlord might be able to evict a tenant whose habits – for instance piling up rubbish – encouraged an invasion of mice. »»Call Bromleys Solicitors LLP on 0161 330 6821 or visit www.bromleys.co. uk If you have any legal questions, write to Property Law, MEN Media, Mitchell Henry House, Hollinwood Avenue, Chadderton OL9 8EF, or email mail@ lawQs.co.uk