Who do I give the appliance warranties to if they are being left at the property I’m selling?
If you are leaving what is generally termed ‘white goods’ at the property you are selling, which are still in warranty, the documentation should be given to your solicitor so that any warranties can be given to the buyer’s solicitor as part of the contract.
Note that, should you be leaving any electrical (or other) items at the property, this should be made clear on the Fixtures and Fittings Form (TA10) and agreed as early as possible between you and the buyers, particularly if you want financial recompense in so doing.
What can be done about trees with TPOs if they are cutting out the light into the house?
Tree Preservation Orders (or TPOs) are legal protections for individual trees, which means you are prohibited from pruning, cutting or removing the plant without the formal consent of the local authority. There are certain caveats such as whether it is causing an immediate danger to life, but the local authority will still need to be informed.
As a homeowner, you have a number of rights, including Right to Light: that is, you should expect natural daylight to enter your property through windows without being blocked (again there may be caveats which will be unearthed in the conveyancing). If a tree with a TPO has grown so much that it is blocking out light, you can apply to the local authority for permission to prune the tree sufficiently to return your Right to Light. It becomes more complex if the tree in question is on a neighbour’s property, and you should discuss any resulting costs with them.
Homeward Legal's solicitors have years of experience in dealing with all sorts of legal issues including TPOs, providing you with practical guidance and help. We are best placed to help you with your move, so call our team on 0800 038 6699 today.
If I’m renting out rooms in my house, do I need to appoint a solicitor?
No, you don’t, because there is no legal imperative for you to do so. However, it’s not as straightforward as simply leasing out a room to a renter because there are certain provisions that must be met in order to protect you as the renter and the person renting the room.
This depends on the room and where it is in the property, state of the plumbing, insurance, and a number of other factors. You’ll also need to draw up a tenancy agreement to ensure demarcation and rights for both parties. While you won’t necessarily need a solicitor involved, it’s worth contacting a letting agency who will have the experience and knowledge to ensure you have everything in place. Be aware that any advice you seek from professionals may come with a fee, so it would be worth shopping around first.
Does your Ainsdale property solicitor carry out any property on the Lancashire thirties end-of-terrace property I want to buy?
If applying for a mortgage the mortgage lender will expect a solicitor to get at least a specified set of searches, including these searches - Local Authority (personal or official), Drainage and Water Search (CON29DW or personal) and Environment Search and perhaps area-specific searches for instance HS2 Search.
Can I withdraw my offer on a property at any time?
When you make an offer on a house that has been accepted by the vendor, you can ask them to take it off the market as part of the acceptance. If you are selling, you can show your intent by agreeing to remove it from other potential buyers’ interest.
As a buyer, you can withdraw your offer at any time (and, as a seller, you can reject an offer at any time) up to the exchange of contracts, which means you are now legally committed to go through with the transaction at the agreed price. You should check your contract with both the estate agent and your conveyancing solicitor as there may be fees and other penalties associated with pulling out of the transaction after the offer was initially agreed.
If you decide to withdraw from the contract after exchange, then you are in breach. This means, if you’re the buyer, the seller is entitled to keep whatever agreed sum has been set for the deposit, and could claim damages; as the seller, you will be liable to pay interest accrued during the Notice to Complete period as well as the deposit, and the potential for claiming losses, and the buyer has to return everything about the property at the seller’s expense.
If there are outstanding works approved in the planning consent, can I still use it?
Generally speaking, planning permission legally has to have an expiry date, which is usually for a period of three years from approval for the building work to start (and not necessarily complete, unless the consent has a suitable caveat).
This means that the consent is against the property and the intended construction rather than the person who made the application. As such, if the planning consent remains within the expiry period, the agreement is transferrable to the new owner of the property.
Your solicitor will be able to provide further advice, once enquiries with the local authority have been satisfactorily completed as part of the conveyancing.
Are there any conservation areas in Ainsdale?
These areas characterise local areas of historical or architectural value. The council will offer more information about local conservation areas, and the conveyancing lawyer handling your purchase should discuss what specific restrictions are in place.