PROPERTY LAW

SOLD DOWN RIVER

I AM permanently disabled and have been a tenant in a house for years. I’ve now learned that my landlord has put the house on the market, although he hasn’t said anything to me about it. Can he just evict me when the house is sold? If you refuse to leave the landlord will have to go to court to evict you, other than in exceptional circumstances. If you have an assured shorthold tenancy you will have to move out when the term expires and your landlord obtains a court order. The law is complicated and you will probably benefit from a solicitor’s advice, especially if you have a different type of tenancy.

EXTRA RENT

MY son was renting a room while he was at college, but he left the course and came home with four months remaining on his tenancy agreement. His landlady rang me to say I would still have to pay the rent, but one of my son’s friends says the room was re-let almost immediately. What’s more, the landlady didn’t return my deposit. What is my legal position? The landlady is entitled to compensation for any losses she suffered as a result of your son’s early departure. Since she has successfully re-let the room she can only ask you for any lost income, plus the cost of re-advertising if she can show receipts. This could be deducted from the deposit, if your son had caused any damage to the property, or there were any other losses attributable to your son which could also be deducted from the deposit. You and your son are entitled to any of the deposit left. The deposit should be in a tenancy deposit scheme, which will have an arbitration service.

TO DO LIST

I AM a widow with no children. I have made a will making my great nephew and his wife my executors. My money is divided between several members of my family. After my property, a small flat worth about £100,000, has been sold, is there any formal action to take before the instructions in my will are carried out? Your great nephew and his wife in their roles as executors will have to apply for probate, which will give them authority to sell your flat and wind up your affairs generally. They will be responsible for paying any inheritance tax due, although if your assets are under a certain amount this won’t apply. Once your assets have been liquidated they will be in a position to distribute your money according to your will.

IMPENDING DOOM

THERE are some large trees on a bank at the bottom of a cemetery above my house in very poor condition - some have fallen over and are leaning on others. I fear they will crash down on to my house. I have been in touch with the Chapel Secretary, but he will no longer answer my calls. The council has discretionary powers to intervene where a tree on private property presents an imminent danger of harm to a person or property. The council will carry out a site visit on receiving a written request from an adjoining landowner to make a tree safe. They can then serve a notice on the trees’ owner requiring them to take action and failing that can carry out the work themselves if necessary. In the circumstances this is your best option. I suggest you send them the photos you sent me. »»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