Buying, selling and letting - Monday, June 18, 2001

 Monday, June 18, 2001
Whether you’re lucky enough to have a dedicated utility room or just want to get organised, the following hints will make washdays a little easier.

Get organised

The key to an efficient utility area is to have what you need, where you need it. There is a huge range of plastic storage bins and trays currently on the market to help you get organised. Take a tip from the professionals and store cleaning materials, laundry detergents or polishes together with cloths or tools in a bucket with a handle. As well as keeping things tidy in the cupboard, you can easily pull out the bucket and carry it with you.

Put together a stain kit

Gather a selection of degreasers, enzyme powder, vinegar, specialty stain removers and pre-wash treatments together and keep them near the washing machine. You’ll be more inclined to tackle stains on the spot.

Add a sewing box

This is another encouragement to deal with small, fiddly jobs quickly. Keep an assortment of sewing cotton, buttons and snaps and do small mending jobs right away.

Colour-code washing

Buy two hampers rather than one and sort clothes as you drop them in rather than at the machine. Choose lightweight hampers or clothes bags to avoid having to carry the extra weight to the machine.

Don’t overload and use energy-saving programmes

Your washing machine will get clothes cleaner and last longer if you don’t overload it. Aim to fill it only two-thirds to three-quarters full. All but the most soiled clothes will wash just as well on an energy-saving programme, which can also save you money.

Service your machine regularly

Be aware of what routine maintenance your washing machine needs and schedule regular service checks. Even if you don’t choose to service your machine every time, you will be more aware of your machine’s performance and any problems that may crop up.

Install a sink

If you have a dedicated utility area, seriously consider putting in an extra sink for messy clean ups. This is a particularly good idea if your utility room has a door to the outside as well as the kitchen.

Add a shoe rack

A shoe rack to hold Wellingtons or outdoor footwear will save mud being tracked into the main part of the house. A coat rack and hook for keys or pet leads are similarly useful if the room leads outside.
 
Add a rug

Most utility areas have tile or linoleum floors that are very slippery when wet. A small washable rug will help everyone keep their footing.

posted on Monday, June 18, 2001 8:29:56 AM (GMT Standard Time, UTC+00:00)  #    Trackback
Are you better off with an interest-only or a repayment mortgage? Andy Stuart, Editor-in-chief of Your Mortgage magazine, offers advice for finding your way through the mortgage maze

There is one thing that will never change about a mortgage – eventually you will have to repay the loan.

You only get two choices when it comes to paying off your mortgage and, as with many things in life, one means playing it safe while the other means taking a risk.

Your first option is an interest-only mortgage. Every month the only responsibility you have is to meet the cost of the interest on your loan. This obviously means cheaper monthly payments. But you are then left with the rather large problem of how you are going to pay back the amount you originally borrowed.

The solution is to use the proceeds of a separate investment plan. For many years this meant taking out an endowment policy, but now you can also choose to invest in an ISA or even a pension plan to clear your mortgage. The idea is that you put money into your chosen investment vehicle every month. This should then grow at a rate that will enable you to pay off your mortgage debt at the end of the term, possibly leaving you with a tidy tax-free lump sum into the bargain, although there are no guarantees.

The alternative is to take out a repayment mortgage. Every month you make a payment that partly pays the interest on the amount you have borrowed and partly repays the outstanding loan. At the end of the term the mortgage is guaranteed to be repaid in full.

With an endowment policy, the provider calculates how much your investment will be worth assuming it grows at four, six or eight per cent for each year of the term of your mortgage. However, these are only projected figures and there is no guarantee your endowment will grow at a rate that will enable you to eventually pay off your mortgage debt.

In fact, there were many endowment policies sold during the late eighties and early nineties that have not performed as well as expected. Following the well-publicised misselling scandal, there are now thousands of borrowers who have been told that they must substantially increase their premiums or face the prospect of having an outstanding debt when their policy matures. This is a scenario that has not gone unnoticed by the next generation of homebuyers.

‘In the late eighties endowment policies were very popular because you were initially guaranteed a good return,’ says Mark Hemingway of Halifax. ‘Then these returns dropped, some people got their fingers burnt and, as a result the market has shifted back towards repayment mortgages. These now account for 95 per cent of our mortgage business.

‘People want more flexibility but they also want to see their debt reducing and have the certainty of knowing that the loan will be paid off. You don’t get that with an interest-only deal. We anticipate the majority of people will continue to choose repayment mortgages.’

Interest-only mortgages are no longer just linked to endowments. Today, you can also choose from an ISA or a pension to pay off your mortgage. But although they may be tax-efficient and offer good returns, there is a risk that you may not clear your debt.

Which option you choose depends on your circumstances and the type of person you are. If you enjoy taking a risk, then the prospect of the pot of gold at the end of the interest-only rainbow may be too much for you to resist. But if you crave security and certainty, look no further than a repayment mortgage.

Interest-only

Pros
·    Potential to pay off your mortgage ahead of schedule and earn a tax-free lump sum
·    Built-in life assurance
·    Do not have to start a new loan if you move house

Cons
·    There is no guarantee your loan will be repaid
·    You may to have to increase your premiums to cover any shortfall
·    If you have to cancel or sell your endowment policy early the potential return will be greatly affected

Repayment

Pros
·    Your loan is guaranteed to be repaid by a set date in the future
·    More flexibility. Many lenders will allow you to overpay, underpay, borrow back money or take a holiday without any charge
·    Provides more security and is easier to understand.

Cons
·    You have to organise your own life assurance – a must if you have dependants
·    No possibility of a tax-free lump sum
·    You have to start a new loan every time you move house.

posted on Monday, June 18, 2001 8:26:27 AM (GMT Standard Time, UTC+00:00)  #    Trackback
 Wednesday, June 13, 2001
Q My boyfriend and I have just moved into our new flat, only to discover that the previous owners have taken the carpets, taps and even the lightbulbs with them. All these things were in place when we went to view the home, and we feel tricked. Is this legal? Is there anything we can do?

A Unfortunately, it’s fairly common to discover something you saw when you viewed a property and expected to find when you moved in is no longer there. Lightbulbs seems a little extreme, but it’s not unusual for some sellers to take anything that can be defined as a ‘fitting’ – an item which is not directly attached to the property.  As you now legally own the flat, it’s important you check through the documents that constitute your contract.

It is standard practice for conveyancers to ask a seller for a detailed list of contents that will or will not form part of the sale. This outlines exactly which items in the property are being sold with it, and would have accompanied the draft contract sent to your solicitor for you to sign.

If things have been taken that are listed in your contract to be included with the flat, your seller should not have taken them. It is possible to contest this, but it’s worth bearing in mind that the cost of resolving such disputes is often greater than you’d pay to replace these items. It’s important that you discuss this with your solicitor, as you will need to consider carefully whether this is worth your while.

Q I’m currently living in rented accommodation while I wait to buy a house. Contracts have been exchanged on the house I’m hoping to buy, but the completion date is not for another month. The house is now vacant, and the seller is happy to let me move in before we complete. This seems much more economical. Is it possible?

A Although moving in is possible, the question you should be asking yourself is whether or not it’s wise.

You can arrange through your solicitor to be granted a so-called buyer’s licence, which would allow you to move into the property before you complete. The conditions of the licence can vary and be quite complicated, but in broad terms you would have many of the same rights as a tenant would. A percentage of the purchase price is paid to the seller for the term of the licence, and you will be responsible for insuring the property.

However, real difficulties can arise if completion is delayed for any reason. If your licence is up before the completion date, you may find yourself having to compensate the seller with an additional payment depending on the cause and length of the delay.

As appealing as it may be to save the cost of rent, the drawbacks of this situation are obvious. Unless you are very, very sure of yourself and your seller, you could find the option of a buyer’s licence much more expensive.

posted on Wednesday, June 13, 2001 12:37:46 PM (GMT Standard Time, UTC+00:00)  #    Trackback
The following list is very general, but should help you understand what a conveyancer does at each stage of the buying process.

First steps – instruction

It all begins when you instruct a conveyancer to act on your behalf. You should receive confirmation of this in writing, with an outline of what the conveyancer will do for you and roughly how much it will cost.

Your conveyancer will approach the seller’s solicitor for deeds, a contract outlining terms and details of ownership for the property you are hoping to buy. They will also chase up answers to any queries about the documents, organise a local authority search and sometimes an environmental search – a process known as ‘the searches’. When these are complete, your conveyancer will send you a written report detailing their findings and any recommendations. If you are happy at this stage, they will prepare your contract.

Exchanging contracts

At this point you are officially agreeing with the seller to purchase their property. Your conveyancer will ask you for your deposit and send deeds to you to sign. They will also carry out final searches and accounts. Any outstanding fees will usually be payable at this time.

Completion

Once you and the seller have completed the sale, your conveyancer will send the balance of the purchase price to your seller’s solicitor, collect the deeds and send them to you, your bank or building society. They will also register your ownership with the Land Registry and pay any stamp duty required.

What you need to do

At each of these stages, you will also need to take steps to further the purchase process. Your solicitor or mortgage lender may ask you for specific things as they’re required, but the following list will help remind you of what you need to do.

First steps – mortgage and surveys

You will need to make an offer on the property and instruct a conveyancer to work for you. If you have not made mortgage arrangements, you should begin doing so at this point.

Your mortgage lender will most likely ask for a valuation survey to be done before agreeing to lend you money. This is to reassure the lender that the property is actually worth what you intend to borrow. It is also in your interest to arrange to have a homebuyer’s report done by a qualified surveyor.

When you buy a home, it is effectively ‘sold as seen’. If there are any problems with the property, they are your responsibility. Because of this, it is worth having a survey done, especially if the valuation survey poses any questions. If after the homebuyer’s report, you still feel unsure about the property, a full structural survey is advisable. Your conveyancer should be able to advise you on how to go about arranging these surveys, which can cost several hundred pounds.

Exchanging contracts

You will be asked to pay a deposit to the seller at this point. Ten per cent of the price is customary, although you may be able to negotiate a lower rate, especially if you are borrowing a large portion of the money.

At this stage, the sale becomes fixed and there may be heavy penalties if either party chooses to pull out. If you have paid a lower deposit to the seller, bear in mind you may be liable to pay the full ten per cent if you later refuse to buy.

Completion

Once a completion date has been set, the time has come to organise the practicalities of your move. Organise your removals, insurance and utilities at this stage, as well as making any job or school arrangements. Continue to liaise with your conveyancer at this point – in rare cases a completion day may have to be changed if final searches are not complete.

posted on Wednesday, June 13, 2001 12:00:15 PM (GMT Standard Time, UTC+00:00)  #    Trackback
 Monday, June 11, 2001
Since the abolition of student grants, students have had to take on hefty loans to pay for their tuition fees. According to Barclays Bank, the average student has debts of £5,286 when they finish their education. It’s no wonder that young adults are avoiding the expense of buying and running their own home in favour of living with their parents for longer. Laura Quiggan looks at one solution for hard-pressed families

In a report by the Universities and Colleges Admissions Services, one in six students will be living in their family home this year while they study. Developer Weston Homes have taken this surprising statistic as inspiration for the design of their family homes at the Ashcroft Grove development in Buntingford, Hertfordshire.

By incorporating attic living space into the design of the properties, Weston Homes give independence to families who want to support their children studying into their mid to late twenties. Loft conversions in a similar second-hand property could cost between £20,000 and £35,000, but three out of five homes at Ashcroft Grove have attics built in.

While scholars can take advantage of the home’s study, the rest of the family can enjoy three reception rooms, a fitted kitchen, utility room, bathroom, shower room, cloakroom and garage.

Educational facilities in the area include Haileybury College, St Edmund’s College, Bishop’s Stortford College and Heathmount School. Transport links are excellent with road and rail links to London and Cambridge, Stanstead airport on the Essex border and market towns of Bishop’s Stortford and Hertford.

Prices for a five bedroom house start at £370,000. For more information contact the marketing suite on 01763 274427.

posted on Monday, June 11, 2001 12:18:39 PM (GMT Standard Time, UTC+00:00)  #    Trackback
 Friday, June 08, 2001
Cary Grant and Sophia Loren found romance on one, and Damien Hirst recently bought one. Critics wonder why anyone would want to live in a glorified broom cupboard where a small misstep means banging your head painfully or drowning. For enthusiasts, it’s a fantasy-alternative to traditional homes and holidays and one of the last expressions of a traditional folk-culture. Stephanie Thomson tests the water and asks whether it’s really worth it to live on a houseboat.

Faced with rocketing property prices, pollution, the daily commuter gridlock and routine, living on a houseboat seems like an attractive alternative lifestyle – particularly in the overcrowded city. But is reality as romantic as the dream? For those not put off by basic amenities, cramped quarters, a lot of work and a lot of water, a houseboat may seem worth considering – but it’s worth weighing up the facts.  

In order to navigate Britain’s 2,000 miles of internal waterways, boats have to have a strict size limit. A Dutch barge may be as wide as 14ft, but to get through the narrowest locks on the system, you will need a narrow boat – often up to 60ft long, but less than 7ft wide. And even on the larger boats, the lack of available space will mean doing without all but the barest necessities.

The other main issue for most houseboat owners is the cost. It’s true that buying a houseboat is significantly cheaper than buying a flat – prices can start as low as £20,000 – but necessary additional costs quickly add up. Along with a boat, you’ll find yourself paying for:
Moorings – Residential moorings are limited, especially in London, and can cost upwards of £2,000 a year.
A licence – You need one to travel on canals and rivers run by British Waterways (the largest navigational authority) or other agencies. The cost will vary depending on the size of your boat and the provisions of the licence.
Insurance – You will need both boat insurance and third-party insurance in order to get a licence. The cost can vary, but a general rule-of-thumb is about 0.5 per cent of the value of the boat.
A Boat Safety Certificate – Your boat will need to meet a certain standard for waterway licencing. If you are buying a boat, check whether it has a current valid certificate or be sure you know exactly what work’s required to bring it up to standard.
A Survey – A mortgage lender will require a valuation and hull integrity assessment before extending you a boat loan. As a rough guide, this can cost £250–£300.
And don’t forget other running costs like fuel, heating, engine oil and repairs or maintenance.

Quick Contacts

British Waterways: www.britishwaterways.co.uk or 01923 226422
Details on all canals and waterways run by the authority, information and advice on all aspects of boat ownership and canal safety, as well as a database of boat hire companies and links to other sites.
Environment Agency: www.environment-agency.gov.uk
Acts as the navigational authority for the River Thames.
London Tourist Board: www.londontown.com or 020 7932 2000
Information about holidays, short breaks and events in and around London.
London Walks: www.london.walks.com or 020 7624 3978
Regular guided walks along London’s canal banks
Canal Junction: canaljunction.com.
Entertaining and useful site about all aspects of canal boating.

The Inland Waterways Show is being held from 29 June – 1 July this year at the NEC National Indoor Arena in Birmingham. Ring 0121 767 4430 for ticket information or visit the NEC website at www.necgroup.co.uk for further details.

Getting on the water

If you want to try boating for yourself, there are several options for getting your feet wet.
Many companies offer day trips, restaurant boats or  ‘hotel cruises’ on canals. Local tourist boards, mooring centres and the nearest British Waterways office all have details on boating holidays. Specialist boating magazines can also provide useful contacts.

Boat hire companies are a good first port of call for novices looking to gain experience on the water. You don’t need any previous experience, but you will need to be fairly fit and energetic and have at least one other person on board to help with navigation and locks. A reputable company will offer you instruction and support in handling a boat as well as insurance and service backup. Contact your local tourist board or British Waterways for help in finding licenced companies.

If you decide you want to buy a boat, there are several issues to consider. New boats are often built to order by specialist boat builders – canal boat magazines are useful for making initial inquiries. However, most new canal boat owners choose a second-hand boat as their initial investment is lower. While it’s true a second-hand boat may need more maintenance initially, it is also more likely to have the basic fittings and facilities you need – including things a novice may forget to arrange for when buying a new boat. Again, British Waterways and specialist publications are excellent places to start looking. Second-hand boats are available from marinas and boatyards, through brokers and estate agents in areas around canals and by private sale.

To consider when choosing a boat:

·    Which waters will you be navigating? Some of the smaller locks on canals measure only 60 or 70ft long and 7ft wide. Your boat will need to be smaller than this if you plan to navigate these areas.
·    What will you use the boat for? How often will you use it? You can get away with very basic facilities on board if you only plan to use your boat for day trips or short stays, but if you plan to use it more often or live on the boat, you will need many more amenities.
·    How much work are you prepared for? All boats need regular maintenance and upkeep, but some are more demanding than others.

posted on Friday, June 08, 2001 12:17:16 PM (GMT Standard Time, UTC+00:00)  #    Trackback
 Wednesday, June 06, 2001
The latest threat to the property market comes from what used to be considered almost a negligible fee – stamp duty.
Influences like a weakening US economy and the foot and mouth crisis may be minor in comparison to a fee that has not kept pace with the changing property market. Ed Walker investigates
The National Association of Estate Agents (NAEA) has highlighted stamp duty as a major contributing factor to the widening differences in regional price variations. As house prices have risen, more and more properties are now falling within the bands attracting stamp duty at higher rates. Treasury figures bear this out – the amount collected between 1999­–2000 increased by 173 per cent over the previous two years.

There is an increasing gap between prices in ‘hot spots’ such as London and outlying areas which the current Stamp duty arrangement exacerbates. ‘Research recently published by the DETR indicates that increases in stamp duty lead to quite significant reductions in mobility,’ says NAEA’s Chief Executive Hugh Dunsmore-Hardy, ‘Yet for an efficient economy it is vital that the country have a mobile workforce able to move where the jobs are.’  
The NAEA is arguing for a more graduated system of stamp duty payable only on properties worth more than £100,000. Says Mr. Dunsmore-Hardy, ‘We believe a new structure should be devised which will produce a fairer system, making it more cost effective for many people at the bottom end and middle of the property market to move to find work.’
In spite of the problem, the NAEA are predicting property transactions will increase slightly in 2002, with house prices rising an average of six per cent.

What is stamp duty?

This charge is levied by the Land Registry office to cover the cost of transferring the record of ownership of registered land or handling a conveyance. It’s payable on all properties valued at more than £60,000. Stamp duty is payable on properties under £60,000 if they form part of a larger purchase of several properties or a series of purchases.

How much is it?

The duty is one per cent of the purchase price for homes over £60,000 but below £250,000. For homes between £250,000 and £500,000, the rate rises to three per cent. For homes over £500,000, stamp duty is five per cent of the purchase price.
A certificate of value must be submitted along with the payment, or else the higher rate of four per cent will apply, regardless of the purchase price.

Who pays it?

The buyer. If you have engaged a solicitor to act for you in buying your home, your solicitor may submit the payment on your behalf and charge you for it.

What else do I need to know?

For many home buyers, stamp duty is a cost they may not have budgeted or bargained for. If you are concerned about whether duty is payable on the property you’re purchasing, check with your solicitor or phone the Stamp Offices helpline on 0845 603 0135. You can also visit the Inland Revenue’s website at www.inlandrevenue.gov.uk.

Avoiding your duty

The strict thresholds for stamp duty can have a huge effect on what it costs to buy a property. A home priced at £252,000, for example, will cost the buyer an extra £7,650 pounds in stamp duty, whereas a home only £2,000 cheaper would be only £2,500 – a saving of over £5,000.

Inland Revenue is very aware of the situation and sensitive to buyers’ attempts to reduce the asking price, but there still may be some ways you can legitimately avoid a higher rate.
·    If the price is open to offer, the simplest option is to make a lower offer initially.
·    Stamp duty is only payable on the property – not on extras like carpets or furnishings. If these items are included in the sale, it may be possible to arrange for them to be sold separately.

posted on Wednesday, June 06, 2001 12:14:25 PM (GMT Standard Time, UTC+00:00)  #    Trackback
 Thursday, May 31, 2001
A kind of no-man’s land nestled on the Thames between Belgravia and Westminster, Pimlico has an air of ‘the land that time forgot’ about it. It combines the genteel air of its near neighbours with the grit which is the price of its proximity to Victoria station. Elegant streets of Georgian houses alternate with large swathes of council housing, classical brick and white stucco clashing with mid-twentieth century over-practicality. Its riverside area is well planned, making for a pleasant walking place – but the view to the south bank offers evidence of uneven development. Johnny Turner packs his passport. Neil Esposito takes pictures

Travelling

Cost Pimlico is in Zone 1. A weekly travelcard for zone 1 is £15.90
Underground Pimlico Victoria Line tube station affords easy connections to all London destinations
Train Services Short walk to Victoria station for points south
Coaches Nationwide services from Victoria coach station
Buses The 36 route pauses here on its way between south-east and north-west London. Extensive bus connections, including night buses, from Victoria station
Riverbus services Commuter boats from Westminster Pier to the City and Isle of Dogs

Drinking

Morpeth Arms Nice, touristy local – sit outside for the full carbon monoxide benefit. 58 Millbank SW1. 020 7834 6442

White Swan Busy lunchtimes, a largely young crowd. 214 Vauxhall Bridge Road SW1. 020 7821 8568

The Cardinal Join the off-duty priests and choristers in a shrine to Richelieu and pals. 23 Francis Street SW1. 020 7834 7260

Slug & Lettuce Popular chain pub. 11 Warwick Way SW1. 020 7834 3313

The Greencoat Boy Cosy and familiar, with good pub food. 2 Greencoat Place SW1. 020 7834 7894

Pimlico Wine Vaults Lively wine bar. 12–22 Upper Tatchbrook Street SW1. 020 7233 5801

Clubbing

SW1 Club Techno mecca with an array of popular club nights. 191 Victoria Street SW1. 020 7630 8980

Gigging

St John’s, Smith Square World-class classical performances. Smith Square SW1. 020 7222 1061

Dining

L’Incontro Pricey but excellent Italian food – lavishly furnished by David Linley. 87 Pimlico Road SW1. 020 7730 3663

La Poule au Pot Locals swear by this authentic French eaterie – good for summer alfresco dining. 231 Ebury Street SW1. 020 7730 7763

Hunan Mr Pang presides over this small, well-regarded Chinese restaurant. 51 Pimlico Road SW1. 020 7730 5712

Pomegranates Old-fashioned, eclectic – an institution. 94 Grosvenor Road SW1. 020 7828 6560

Rhodes in the Square TV chef Gary Rhodes fronts an ultra-modern eaterie in the famous Dolphin Square complex. Dolphin Square, Chichester Street SW1. 020 7798 6767

Roussillon classic French food – not cheap, but this isn’t a cheap area. 16 St Barnabas Street SW1. 020 7730 5550

Grumbles Wine bar with Anglo-French menu. 35 Churton Street. 020 7834 0149

Shopping

Victoria Street All the familiar high street names

Cornucopia Vintage clothing and fancy dress. 12 Upper Tatchbrook Street SW1. 020 7828 5752

Fronteira Delicatessen Lovely neighbourhood food shop. 43 Warwick Way SW1. 020 7630 5597

Redwood & Feller Quality tailors. 89 Rochester Row SW1. 020 7828 9519

Butterfly Two For ladies’ clothing. 28a Ponsonby Place SW1. 020 7821 1983

Westminster DIY Centre For all your home improvement needs. 50–52 Great Peter Street SW1. 020 7222 2228

Marketing

Tatchbrook Street Market Fresh flowers, fruit, veg and fish

Exercising
Queen Mother Sports Centre Courtney’s gym and swimming pool. Vauxhall Bridge Road SW1. 020 7630 5522

Curzons Health and Fitness Roebuck House, Palace Street SW1. 020 7931 8011

Viewing

Tate Britain A national treasure full of national treasures. Millbank SW1. 020 7887 8008, www.tate.org.uk

The River Thames London’s life blood, seen from a leafy promenade. Relax and people-watch by the Henry Moore sculpture

Apollo Theatre Lloyd-Webber gets his skates on. 17 Wilton Road SW1. 020 7416 6070

Victoria Palace Theatre Spend an evening with the kids from Fame. 8 Victoria Street SW1. 020 7834 1317

Laughing

The Comedy Store The king of comedy. 1a Oxendon Street SW1. 020 7344 0234

Star-spotting

The Labour spin kids buzz in and out of Millbank Tower, pawing at their pagers. MPs of all persuasions choose the neighbourhood for its nearness to work, with Dolphin Square particularly favoured.

Buying

Formerly known as bedsit-land, the area has seen some improvement to its housing in recent years. Money has moved in and buyers are recognising the appeal of a fixer-upper in a very central location. Flats rule and houses are almost unheard of. Good local agents include Bunn & Co (020 7834 3733) and Tuckermans (020 7222 5511). And see what’s available in our online listings at www.hotproperty.co.uk/search.

posted on Thursday, May 31, 2001 11:15:43 AM (GMT Standard Time, UTC+00:00)  #    Trackback
 Wednesday, May 30, 2001
Landlords – getting rid of unwanted tenants

Q I’ve been renting my flat out for the last year or so, since I moved in with my partner. Initially the agreement was that the tenant could rent my flat for a six-month period. After this period there were no problems so the situation just continued. However, I am now considering selling my flat and would like my tenant to move out. How can I do this legally?  

A The procedures for ending a tenancy differ according to the type of tenancy
agreement. In your case you have an assured shorthold tenancy. As the fixed term was not renewed after six months, the tenant will have automatically become a statutory periodic assured shorthold tenant. This means the agreement is indefinite until the landlord or tenant ends it. 'Periodic' refers to the rent period or intervals at which the tenant pays rent, e.g. weekly or monthly.

You have the right to repossess the property at any time during a periodic tenancy, provided it is at least six months since the start of the original tenancy. In your case, the possession procedure must start with the service of two months’ notice, which must expire on the last day of the rent period. The notice must also state that possession is required under section 21 of the Housing Act 1988. A form for Notice Seeking Possession is available from legal stationers.

However, if your tenant doesn’t move out when the notice expires, you will need to obtain a court order to evict them. To do this you must complete an application and pay a fee. Be aware that it’s a criminal offence to evict most tenants without a court order, or to harass them to leave. You will automatically be given possession if you follow the correct procedure outlined. Once you have been granted possession of your property, if the tenant does not leave by the date on the order you can apply to the court for a warrant of possession and execution if you need bailiffs to evict the tenant.

This column is produced using information provided by Citizens Advice Line for London (CALL). Ask the adviser illustrates the type of subject that CALL handle and does not represent an actual client case. CALL is a confidential London-wide advice service offering information on a wide range of enquiries by telephone and e-mail.
For general enquiries please call 0870 750 9000 or email enquiry@cabline.org.uk

posted on Wednesday, May 30, 2001 12:07:08 PM (GMT Standard Time, UTC+00:00)  #    Trackback
Q My neighbours are causing me consistent anxiety with their unsocial behaviour. I’m not an
unreasonable person but their noise, loud music, weekend parties and street brawls are more than I
can stand. I have spoken to my neighbours but the situation hasn’t improved. What can I do?

A If speaking to the neighbours hasn’t worked, then try putting it in writing. Remind them that their behaviour is not very neighbourly, impinging on the peace and lifestyle of others. If the problem persists, keep a diary of the frequency and type of disturbance, which can be used as evidence in any future action. Here are some additional steps you can take:

If the neighbour is a tenant and refuses to co-operate, it may be appropriate to contact their landlord. A private landlord can apply for possession on the grounds that a tenant has been a nuisance to neighbours. If it is possible to find out who the landlord is, he or she might be prepared to talk to the tenant about the problem and, in extreme cases, start possession proceedings.

If the local authority owns the property, the housing department may contact the tenants to help resolve the problem. The local authority has a duty to inspect its areas for statutory nuisances, to investigate any complaints made and deal with any noise. A local authority can apply for an injunction to prohibit anti-social behaviour by its tenants.

If the property is owned or run by a housing association, it may have a housing welfare officer who deals with disagreements between tenants.

In cases where neighbours may be breaching public health or pollution legislation, the local authority environmental health department can be approached. An officer will usually contact the neighbour to resolve the matter informally. If this fails, a notice may be served on the neighbour, which means they are required to stop nuisance behaviour. If the notice is not complied with, proceedings can be taken against them in the magistrate’s court. In some areas, environmental health departments provide a 24-hour service for urgent environment problems.


This column is produced using information provided by Citizens Advice Line for London (CALL). Ask the adviser illustrates the type of subject that CALL handles and does not represent an actual client case. CALL is a confidential London-wide advice service offering information on a wide range of enquiries by telephone and e-mail.

For general enquiries please call 0870 750 9000. For consumer enquiries please call 0845 051 1000.

posted on Wednesday, May 30, 2001 8:53:46 AM (GMT Standard Time, UTC+00:00)  #    Trackback
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