In our FAQ series, our expert conveyancing solicitors advise a potential homeowner about the government schemes available to potential homeowners.
Q: I have read about a new scheme in Wales to assist home buyers. What is it?
A: There is a new Welsh Assembly Scheme (which starts on January 1, 2014) which is available for all home buyers in Wales buying new-build properties under £300,000.00.
The scheme is called Help to Buy Wales. It allows house buyers with a 5% deposit to apply for an initial government-funded loan that’s up to 20% of the property’s value. Potential buyers can arrange a mortgage with any lender for the remaining 75%. More...
At Howells Solicitors we receive a lot of legal questions from the public, so we decided to put together a series of FAQs to help answer some of them. Our latest instalment discusses your rights regarding keeping pets in properties with management companies.
Q: I have recently bought a maisonette flat in an old converted Victorian house. I thought this would be the perfect place for me as I have a small dog and the property has a little courtyard that would be perfect for him to run around in.
However, I have recently been told by one of the other residents that the property management company does not allow dogs to be kept in the building. I haven’t fully looked into this, but could it be true? If it is, what can I do?
A: You will need to carefully examine the terms of your lease by the management company in order to find out whether there is a clause that prohibits animals or pets being kept. Often if this clause is included, it is followed by saying that you may be able to ask for consent of the landlord which cannot be unreasonably withheld. More...
There are a lot of legal questions that crop up surrounding divorce, but one of the most common ones that is asked is: in a separation, who moves out? The next in our series of FAQs answers this for you:
Q: My wife and I are having problems and we are planning on getting a divorce. However, today I received a letter from her solicitor telling me to leave the marital home immediately otherwise she is going to take me to court.
While I understand we cannot stay living together, is she allowed to kick me out of my house before the divorce proceeding have even begun? Who should move out of the marital home? The house is under a joint mortgage so surely I have the same rights as her?
A: One of the first steps in progressing a divorce is deciding who should move out and when this move should be done by. Normally this is a move that is discussed between the two parties and then decided on together. More...
The next frequently asked question that our expert solicitors will be answering is whether you are able to recover a deposit after losing the property reservation fee after failing to exchange contracts.
Q: I paid a reservation fee of £2,000 to the developer of a flat in order to secure the purchase price. The terms agreed to exchange contracts within 28 days of receipt by my solicitors of the draft contract papers. It was understood that failure to exchange within this timeframe would result in the retention of the fee by the developer towards administrative costs.
My solicitors had advised me that if I didn't exchange contracts within these 28 days that my reservation fee would be forfeited. However, the estate agent told me not to worry about the date and arranged my lender's valuation for the day after the contracts were due.
The valuer was denied access to the property and therefore was unable to carry out a valuation. The developer then withdrew from the deal and retained my reservation fee. I have also found out that the company providing the new home warranty is not a participator in the Consumer Code for New Home Builders. What can I do? More...
In our FAQ series, our expert solicitors advise a new house buyer who has lost contact with the seller at the last moment.
Q: We’ve bought a house, exchanged contracts and agreed on completion – so we’re all set to move in. However, we haven't been able to contact the seller.
So long as we achieve completion, if we turn up at our new place could we force access to the property? Could we use a locksmith? Is it legal to force our way into a property we essentially own?
A: If the sellers haven’t completely vacated the property and still have possessions in the property, entering into the property could put you at risk of liability.
If another party can get hold of the sellers then the sale should be able to be completed relatively easily. The solicitor of the sellers must get in contact with them to ascertain whether they want to complete the sale, or if they’re now refusing to do so. More...