questions

Can I sue my estate agent or withhold their commission if they undersold my property? — by Conrad Murray — last modified 2007-06-03 08:44

I just sold my property in the UK. The estate agent didn't give me good advice and rushed me to exchange contracts with the buyer and thus my property was sold at less than its actual value. When I signed the agreement with them there were two rates: one for sole agency and one for dual agency and I originally took the dual agent option. However after few months, the situation changed and they become the sole agent. I no longer live in the UK and I don't have property there. Firstly can I sue the agent for giving me bad advice and rushing me to exchange contracts. Secondly until now I haven't paid their commission. If I don't pay what can they do as I am no longer resident and don't have UK assets.

Boundary disputes, right of prescription and adverse possession in Scotland — by Conrad Murray — last modified 2007-06-03 09:46

There is some question that our fences might not be in the correct place according to our title deeds. The fences have been in place for approx 17 years, having been put in place long before we purchased the property. We are the end terrace in a row of four houses and all gardens are the same length as ours and all have been in place for the same amount of time. It is a possibility that all four houses gardens are incorrectly fenced and encroach on to land belonging to a local farmer who has not contested the placement of the fences surrounding the gardens. No-one is 100% sure as the gardens have all been in place for a very long time. What I would like to know is are we able to keep our fences in place legally and how long can the piece of land be in use by someone before they have a legal claim to it in Scotland.

I work abroad for long periods. Can I seek to pay my council tax in proportion to the amount of time I am in residence? — by Conrad Murray — last modified 2007-06-12 08:49

I have a query regarding the law when it comes to paying my council tax on my UK property. I am a 31 year old British Citizen, male, single and I have my own property in the UK (on mortgage). At present I pay the full council tax minus a 20-25pc discount for a single person. However I work overseas on a rotation whereby I spend 8 weeks away from UK and then 3 weeks in the UK (living in my property), then 8 weeks abroad and so on, therefore my property is left unoccupied for approx 8 months in a year though it is fully furnished. As council tax debt is considered a serious debt (i believe you can be sent to prison for it), I am thinking of paying them a certain percentage of my annual council tax bill based on the number of days I spend in the UK annually. My council would then inevitably take me to court to recover the remaining bill, so legally would I have much chance of winning? My main argument is that since I am not in the UK for most of the year, I am being forced to pay for a service which I am not using. Would this be a valid/strong argument in a court of law? I have already spoken to my local council, but they are not willing to offer me any reduction other than the 20-25pc single person's discount so they would probably end up prosecuting me if I paid less. I am classed as a non-UK resident by the Inland Revenue and I don't pay any income tax on my overseas salary.

Fence removed but will my neighbour now be permitted to cut my hedge even though it is on my property and within the former boundary? — by Conrad Murray — last modified 2007-06-13 15:22

A council tenant has taken down a chain link fence at the side of my property which is the council boundary and they have refused to replace it as they say my hedge now forms the boundary. I'm asking for this fencing to be replaced so the tenant knows where the boundary is and can only maintain her side. This will stop her cutting my hedge. Where do I stand on this matter? Can you help.

Use of a right of way on an unowned lane... — by Conrad Murray — last modified 2007-06-15 16:56

For how long do we have to use an unowned lane in order to have absolute rights to use it?

Who has the right to charge on an exchange and completion of a land sale? — by Conrad Murray — last modified 2007-06-19 16:10

Who has the legal right to hold monies on exchange and completion of a land sale? Vendor's solicitor, purchaser's solicitor or vendor? Are there special circumstances where rules can be changed (i.e. under European Law)? Who can the solicitor pay i.e. debtors? Does the client give instructions who gets paid off, or does the decision get made by the solicitor? Can the solicitor take his fees at source and just give you what is left with you not having seen any bill?

Can I give my home to my children to avoid paying care home fees? — by Conrad Murray — last modified 2007-06-20 12:02

Can you please briefly explain to me how I can avoid the council taking my house if my wife or I need to go into nursing home. My son also lives with us and the house is left to him and his sister in our will. Can we sign the house over to our two children now?

Do I have to give my marital status in order to obtain house insurance? — by Conrad Murray — last modified 2007-07-02 18:10

Do I have to give my marital status in order to obtain house insurance? I see no good reason for it and am worried about protecting personal details with regard to identity fraud.

Problems with taxi rank: can I object to their licence or use other methods to get it moved? — by Conrad Murray — last modified 2007-07-11 10:20

Opposite to my house, there are several businesses, one of which is a Taxi Stand. Almost always I am not able to park outside my house. The road is also blocked because they cause accidents due to driving too fast down the road. I have had a lengthy battle with them requesting them to give me a spot to park at all times. They cause heavy congestion, loud noise and they also park on the pavement making it difficult for pedestrians. I am at the end of my tether with them. What can I do? How much legal right do I have? Are they breaking any law? Is it possible to get their licence reviewed to get them to relocate to a different place?

My daughter who lives at my address has loads of debt. Will this affect MY credit rating at all? — by Conrad Murray — last modified 2007-07-11 14:04

My daughter who lives at my address has loads of debt. Will this affect MY credit rating at all?

Renting a property which is not being adequately maintained: what rights do we have to terminate? — by Conrad Murray — last modified 2007-07-17 11:10

I'm currently renting a property that has proven most unsatisfactory. We are renting from a landlord via an agency and have complained to both the agency and the landlord about the issues that we have had. One of the bathrooms was unusable for a week due to mould issues (I'm pregnant), the boiler was broken for a month, the property was filthy when we moved in and one of the toilets is still not working despite me reporting it to the agency over 7 weeks ago, the landlord directly 5 weeks ago and reminding him again 2 weeks ago. Do I have grounds to terminate the contract under section 11 of the Landlord & Tenant Act 1985? The sooner we get out of this place the better as the stress of the constant issues is affecting my health. Our contract started on the 24th of May and states " this agreement is for a minimum fixed period of six months. It is hereby agreed that either party shall be entitled to terminate this tenancy by giving the other not less than two calendar months notice to expire at the end of a period of the tenancy. The notice must be in writing and can expire no earlier than the 24th of November 2007"

Window smashed by cricket ball: can the club be held responsible for repairs? — by Conrad Murray — last modified 2007-08-12 12:17

My house is within a few metres of the local cricket pitch, and we have recently had the kitchen window smashed by a cricket ball. Can they be held liable for the cost of the repairs?

Can I change the title in a building from freehold to a share in the leasehold as I believe a complex setup in the current position makes it unmortgagable — by Conrad Murray — last modified 2007-09-23 10:31

I'm currently looking at potential purchase of a shop unit. The unit is 1 of 6 in a building. The other 5 units are residential. The shop is being sold with a freehold title (I am awaiting copies of title documents). As I understand it, the remaining 5 units are leasehold with each having equal share in a management company that holds a second freehold for the building. Assuming this is all correct, from what I have read, this makes the shop unit unmortgagable. Therefore I would like to determine whether it is possible to alter the title for the shop unit - maybe to leasehold with a share in the freehold (as with the other units) - Or is there any other course of action that would allow necessary changes to make the shop unit mortgageable. The building is on a steep hill. This makes the shop unit the ground floor unit from the front, but at the rear, there is a unit underneath the shop - making the shop a first floor unit from the rear. I would greatly appreciate your comments

Should a written agreement be made between us if I take out a loan to pay off my partner's high interest debts? — by Conrad Murray — last modified 2007-10-04 10:11

I am considering getting an interest free credit card to take on my partners high interest debts of £2000. In order to ensure he pays the money back if the relationship did not work out I was wondering if we could sign a written agreement. Would this be of any value or is there another way that I can make sure that I don't get left with his personal debt?

Divorced partner chased for finance payment for double glazing on former home after ex-wife goes bankrupt... — by Conrad Murray — last modified 2007-10-05 17:45

My partner when married took out a credit agreement with First National for double glazing. When they divorced he took all the debts apart from this finance agreement which she verbally agreed to continue paying. His name could not be removed apparently. Some 4 years later he received a letter from Link Financial on behalf of Asset Link Capital stating that the debt has been assigned to them and demanding payment of the full balance immediately (no reference on the letter to the amount). He then contacted his ex-wife who admitted that she has not paid the direct debit since January and in April of this year went bankrupt, she also said she has no paperwork! He has since contacted Asset Link and requested that the account be frozen together with the contract and statements. We have since contacted the Official Receiver who says half of the debt is her liability. Can you please advise what he now needs to do, what is his liability and how does he obtain all the documentation? I have heard that Asset Link are not easy to deal with and the interest that is added will be astronomical.

Noisy drinkers causing problems for neighbours post smoking-ban, but complaint results in abuse from landlord and assualt by off duty police officer? — by Conrad Murray — last modified 2007-10-11 18:03

I live opposite a public house and since the laws on smoking in the workplace have been enforced there has been a huge increase of noise. On a recent evening after closing I approached the Landlord who was collecting glasses and politely asked him if he could keep the noise down. He became verbally abusive. I walked away but an off duty police officer drinking in the pub produced his warrant badge and forcefully pushed me across the road, up my driveway and against my front door. I have reported to the Police and I believe it has been investigated but nothing has happened. This incident has left me in a very stressful state. Have you any advice as to what I should do next?

As guarantor on my nephew's rented property the landlord says I am responsible for evicting him: is this correct? — by Conrad Murray — last modified 2007-10-17 16:13

I am the guarantor for my nephew's rented property. I paid 400 pounds out but the landlord keeps telling me it is my responsibility to remove him from the property. Is this correct and is the money paid out all I can lose if he has problems moving him?

Builder is two months late completing job with long list of unfinished work and other problems: what steps should we take? — by Conrad Murray — last modified 2007-10-25 15:54

Builders started our house extension on contract in April and were due to finish the work at the end of August. They are still working on it although sometimes only one or two unskilled men on site whilst the tradesmen go to other jobs. The builder has failed to meet every deadline which has been extended several times. Recently they asked for the keys to complete allegedly "final" works and yet they are still here with 41 uncompleted items and a snag list of 12 mistakes to rectify. The builder is often difficult to get hold of. They are also a limited company. What legal steps are open to us?

Can you please tell me the time scale and cost of putting wife’s name onto house deeds. — by Conrad Murray — last modified 2007-10-29 08:50

Can you please tell me the time scale and cost of putting wife’s name onto house deeds. Many thanks

Will dead husband's children from a previous marriage inherit if second wife dies intestate? — by Conrad Murray — last modified 2007-10-29 11:23

My friend's husband died a few years ago. She is now terminally ill but has not made a will and there are no children or relatives on her side of the family. Her husband had children from a previous partnership. On her demise will those children have a claim on her estate?

Damage to boundary wall but insurer claims that car had been sold and policy cancelled... — by Conrad Murray — last modified 2007-11-01 08:51

A friend of mine's boundary wall was hit by a vehicle so she contacted her household insurance to make a claim. They advised they would recover off the third party's insurers and got the insurance information from the motor insurance database. The third party company were contacted and after many months of correspondence and an admission of liability (as no reply from the insured) advised their insured has sold the vehicle prior to the incident but as the insurance was still in place the claim would be honoured but an assignment & agreement form would need to be signed by my friend for the money to be released. A month later the insurance company retracted their admission advising the car had been sold and policy cancelled - this leaves my friend with an increased premium & £50 out of pocket for the excess. What is most upsetting for her is they agreed to cover the costs then backed out. How can we prove they are lying about the policy was not cancelled? it obviously wasn't as this was checked earlier & the insurance database at the time confirmed they insured the vehicle. It might be worth mentioning that her insurers did carry out another insurance database search for the same date which stated no insurance record was found. If the policy wasn't cancelled, could they still claim off an insurer if the insured vehicle had been sold?

Facing repossession which may leave a second charge for a secured loan unsatisfied: what will happen if this is the case? — by Conrad Murray — last modified 2007-11-01 08:56

I have a secured loan on my house but we can't afford it with our mortgage any more. We are trying to sell our house so we can pay both off but if we don't sell within the next 2 months then we may be repossessed. If we are repossessed there will be enough money to pay off the mortgage but I'm not sure about the loan, if the loan is not paid off in full what will happen.

Electrician massively overrunning finishing agreed work and seems generally incomptetent: what should I do? — by Conrad Murray — last modified 2007-11-02 11:03

I employed an electrician to do some fairly major re-wiring work on my house. He gave me a detailed quotation for each item of work which was agreed along with a start date and anticipated time scale of approx. 10 days. Unfortunately he has not had any commitment to our job and is still not finished after 10 weeks. I contacted him on several occasions asking where he was and asking for a new schedule but he very often broke his promises to us. I finally asked him to leave the job safe and leave and to send me the invoice for work done. unfortunately he has sent me the invoice for all the work assumed finished. He has also retained my front door key explaining that he will return it only when I pay the bill. I have tried to contact him to go through the aspects I am prepared to pay for but do not get a response. I am now worried what should I do. I have incurred around £600 worth of furniture storage costs over what I expected as the job has taken longer. I indicated that time was a priority before he started. What should I do - can he legally retain my front door key until payment? He also left our fuse box with an earth leakage fault (safety related) which I have fixed myself - I am a professional electrical engineer and do know what I am doing - I only employed the electrician to work on my house as I have little time He also left a 17yr old on my property all day unattended with an SDS hammer drill to chase out walls for cables while he went to another job - this in my mind is unacceptable...

Paying for contents insurance in sheltered housing... — by Conrad Murray — last modified 2007-11-02 11:55

My elderly Mother resides in Sheltered Housing for the elderly. As part of her rent and service charge for the past 15 years, Contents insurance has been included. Unfortunately, the Landlord has been told that they cannot provide this valuable service. The premium was just £2.00 per month for about £25,000 of cover for personal possessions etc. My question is: If my Mother has contents insurance, but an upstairs neighbour doesn't. If the neighbour say, leaves a bath filling up and it over flows causing damage to my Mother's possessions. Would my Mother's insurance company seek to recover costs and compensation from the neighbour, personally? or would the landlord be responsible? (Retirement housing). My Mother is naturally very concerned, as it would appear many tenants just wouldn't be bothered with buying insurance, some overlooking because it has always been provided within the monthly rent/service charge, some just wouldn't bother adopting an attitude 'I don't have any money so I can't pay compensation-sue me'. I understand that the Landlord seemingly wants to provide this extremely economical block insurance cover for tenants as part of the service, but has been told they can't charge for this service.

Chemical waste dumped on my building plot: what legal liabilities do I have if it causes harm to someone? — by Conrad Murray — last modified 2007-11-10 14:29

Chemical waste has been dumped illegally on a building site I intend to develop but I am not aware whether they are toxic or not. What possible legal liabilities might arise to persons on or off site in the event of personal injury or property damage? I own the site and plan to develop it.

Repairs required to access lane we own but do not use: who is liable to pay for them? — by Conrad Murray — last modified 2007-11-12 10:08

We own an access lane to two other properties but do not have a need to use it ourselves. The lane is in need of resurfacing and one of the neighbours has requested that at least the part up to his property is resurfaced. Can he make us pay for this? Can we refuse but give him permission to have the work done? Can we limit our liability if he decides to claim against us for damage to his car/trips/falls etc?

Local authority claims a right of way over my property: how can I check whether this is true? — by Conrad Murray — last modified 2007-11-12 14:38

My local authority claims to have a right of way over my property but they won't tell me why or on what basis they wish to make that claim. I now want to think about selling my home and I realise it is blighted by this. Can I force the authority to tell me what their claim is? I don't want to go to court just to get an answer to what the claim is, because it may take some research to asses the validity of it. I might, after all, want to concede a genuine claim of substance.

My neighbour wants to demolish end of terrace to access rear property development: what rights do I have if I am joined on to him? — by Conrad Murray — last modified 2007-11-12 15:01

My next door neighbour wants to demolish his end of terrace house, in order to access a rear development. He is seeking a party wall agreement from me. Is this a ransoming type of situation? Can he force me to agree?

Swing erected in communal grounds of flats: what reasons can be used to enforce its removal? — by Conrad Murray — last modified 2007-11-13 15:19

Could you please advise if a person living in a flat who erects a swing or trampoline in the communal grounds has to remove it subject to the following clause which is in the lease. (10) Not to do or permit or suffer to be done in or upon the demised premises or the state any act or thing which shall or may be or become a nuisance annoyance disturbance damage or injury to the Lessors or the Lessees or tenants of the Lessors or the owners or occupiers or Lessees or tenants of adjoining property of the neighbourhood for which may tend to depreciate the value of the Lessors’ property or of other tenants on the Estate or any person thereof or whereby any insurance for the time being affected on the block or individual flats therein or the said garages (including the ? premises) or other part of the Estate may be …….

Lead replaced on house roof by builder but who does removed scrap lead belong to? — by Conrad Murray — last modified 2007-11-15 14:46

We have had the lead replaced on our roof. Given the price of lead has soared recently, who does the old lead [that was removed by the builder from our roof] belong to? The day after it was removed, we asked for it.

Builder has not completed work and yet is harassing customer for payment using debt collectors — by Conrad Murray — last modified 2007-11-16 10:56

We are in dispute with builder over unfinished works to our house extension. We are trying to avoid going legal by asking builder to agree completion list and final completion date. The builder has sent invoice for final 5% ( c. £7500) even though works are clearly not complete, which we have disputed. We should add, that in actuality we have overpaid the builder on stage payments to 95% of the total contract as the builder has not completed 95% of contracted items.The builder has now sent invoice to Debt Collections Agency who have sent a letter to home and by fax to my London office claiming immediate payment or threatening court action etc. What is the correct course of action to stop this unwarranted harassment over a disputed invoice please?

Roofing contractor removed concrete flashing and didn't return to replace it resulting in leaky roof: can we get a survey done and charge him and who pays for the repairs? — by Conrad Murray — last modified 2007-11-20 09:42

We recently instructed a roofer to replace our concrete flashing on the roof of our 2 bed terraced Victorian house. He turned up, spent a day remove the concrete flashing, then left. It has since rained, and after looking up in the loft I have found: 1. significant drips/dribbles from the roof onto boarded floor; 2. damp roof beams in places; 3. stained bricks on inside; 4. water pooling on underside of roof covering. I'd like to know if he is at fault (the problem would not have happened if he had replaced the flashing the next day as he said he would) and a) if we can pay for an independent internal roof inspection and charge him? and b) who is liable for the repairs?

Mortgage arrears and insufficient equity: we would like to sell to an investment buyer at a discount but can the mortgage company stop us selling? — by Conrad Murray — last modified 2007-11-20 17:08

We have a mortgage for £75,000 which includes an unsecured loan of £11,000. We also have a secured loan for £22,000 on the property. We are in financial difficulty and are trying to sell the house. It has been on the market for three months for £110,000 but we haven't had one viewer yet. We have an investment buyer willing to offer us £90.000 which we would like to accept because we are getting further and further into arrears. However, if we accept this there will be a shortfall which we will have to pay off monthly after the sale. My question is: can either the mortgage company or the loan company stop us selling the house as we will not have sufficient to clear the debts completely?

Tiler's error caused leaking pipe causing extensive damage but he has no liability insurance... — by Conrad Murray — last modified 2007-11-26 10:50

I have recently had my bathroom tiled. The tiler had to screw down the boards as there was movement in them, he did a good job, but the following day we had water running through the ceiling. One of his screws had penetrated a pipe under the boards. We need a new ceiling in the kitchen, new boards in the upstairs bathroom and the kitchen walls re-decorated. Also the bathroom floor needs re-tiling but the tiler doesn't have any liability insurance. I have already used my home insurance to get things moving. Where do we stand as to the tiler not being insured?

Public liability insurance for road which we use but do not own... — by Conrad Murray — last modified 2007-11-29 13:41

I live on a small housing development of 8 houses. We have a registered housing association for the maintenance of the development's road for which we are responsible. However the access lane of 300m belongs to a local hotel which the hotel does not use. As residents who use the road daily are we responsible for the maintenance of the road and do we have to have public liability insurance, or will the hotels insurance cover the road? The housing association has insured the road is this legal if the hotel already has insurance to cover it?

Sewage flooded house three times as a result of the negligence of water company contractors... — by Conrad Murray — last modified 2007-12-14 05:51

My house has been flooded by raw sewage 3 times in 8 days - my insurers are involved in making good the damage - but the 2 subsequent floods have been found to be caused by building debris blocking the street main sewer and backing up to and flooding my house. The rubble entered the main sewer from remedial sewer works 100 metres upstream from my home - do I have cause for legal redress as I contend the water company failed in a duty of care to maintain the sewers in a satisfactory manner and their supervisors / staff and contractors were negligent in allowing debris to foul the main sewer when connecting a branch to a new housing estate - our home is still undergoing drying out 1 month on - certificates of dryness cannot yet be issued therefore restorative work cannot begin - our holiday plans are in turmoil - our home has been cross contaminated with effluent residue - our drive + path is covered in toilet paper residue from the thousands of gallons of effluent which poured down the side of the house. We do not expect to be back to normal until well into the new year. The stress and upset from the whole family is proving to be unbearable.

Injunction placed on property to stop sale or transfer as person claims they have a financial interest in it... — by Conrad Murray — last modified 2007-12-21 04:30

I have recently purchased a property, but an injunction has been put on this property to stop sale or transfer. The person concerned claims they borrowed the money for the purchase of the property, which is not true, they had in fact owed money to me and are now saying they contributed to the property purchase and want to be named as the guarantor. There are no contracts to support this version of events. How can I lift this injunction order quickly with minimum legal costs?

Property leased to housing association which has stopped paying rent: how do I get possession? — by Conrad Murray — last modified 2007-12-26 08:41

I leased my property to a housing association 7 years ago. The association has stopped paying rent to me and would not return my property. How can I legally obtain my property back.

Can I cut back a tree which overhangs my garden? much of the bulk of the 40' tree crosses over my fence — by Conrad Murray — last modified 2008-01-02 13:53

A neighbours tree of approx 40ft high leans over to the extent that apart from some branches, the whole of the tree above the fence line is over my property. There is no specific order on this tree to my knowledge. Subject to your reply I will check with the local authority. Am I allowed to cut this down? Do I need to notify my neighbour of my intention? Can I lean over the fence to cut it off square or would I have to slice it down level with the fence?? At this point I have not mentioned anything to the neighbour and our relationship is on a nodding relationship only but I think she will object. There would be no privacy issue as this tree breaks into a line of established fir trees in my garden and has stunted the growth of the line. These fir trees are approx 25ft and have been topped. The houses at the rear have sloping gardens approx 50 -60ft long and 25ft lower at the housing line.

Damage to council house due to blocked drains as a result of roof repair but council deny responsibility — by Conrad Murray — last modified 2008-01-02 13:52

Council house recently flooded due to roadside storm drain failure and property storm drain being blocked by tar used in repair of flat roof. The said drains were never checked by landlord. The house lies two feet below normal ground level. There is no drainage at all at front of property. I believe this is a fault of design. A claim was made to the council insurer's who deny responsibility on the grounds that their client is not responsible for checking drains and that drains not blocked as claimed. The blocked drain was reported to Council who sent an employee to clear the same. This is recorded as is repair to flat roof. Damages to the cost of £950. Would the case be strong enough for a civil claim? Any other advice?

Jointly own house with brother who cannot now afford to buy me out: how can we resolve this situation? — by Conrad Murray — last modified 2008-01-02 13:04

I jointly own my house with my brother, who four years ago assured me that on his retirement I could buy his share of the property and he would move out. Now he refuses to discuss this and I know he cannot afford to buy my share. What is my legal position? I should add that he is frequently drunk and abusive, and other members of my family and friends are reluctant to visit me because of his behaviour.

House signed over by parents as deed of gift and now grandson wants to buy out recipients: is there any way to do this and avoid paying capital gains tax? — by Conrad Murray — last modified 2008-01-09 10:54

12 years ago my parents signed their house to me and two sisters as a deed of gift. My parents are now both dead and my son wants to buy the house but we have been told we have to pay capital gains tax. Could we 3 sisters sign the house to my son as a deed of gift and him pay us three equal shares of the house price from his mortgage - to avoid paying capital gains? My parents thought they were doing the right thing in signing over to us 12 years ago. Dad died April 02 and Mum died in April 07. Or do you know another way we can avoid this outrageous tax which will cripple us. My son really wants to buy the house and will be able to get a mortgage on it.

Council came to repair damp council house a year ago but it still has not been fixed and is now uninhabitable: I have had to move out but can I make them fix it and claim compensation? — by Conrad Murray — last modified 2008-01-11 08:06

I live in a council house which has been severely damp for years. Exactly 1 year ago the council tore out a large section of my hallway wall they then left it that way. It still isn't fixed. There is also a hole either side of a socket in my kitchen exposing the electrics. I complained several times but nothing has been done so imagine my horror when last week I was showering my kids and my foot went clean through my bathroom floor. I live in an upstairs flat it was really frightening. I went into the council told them about it and moved out of my home as it isn't safe for my kids who are aged 6,4 and 2. The youngest is disabled and has cerebral palsy. I have been living at my mum's for 5 days now having to get my son to school 15 miles away. I am a single parent so this is causing me severe financial hardship and huge inconvenience and upset yet the council still have took no steps to fix this problem. Can I take legal action against them and claim compensation?

Neighbour refuses to cut or reduce the height of a hedge: what can I do? — by Conrad Murray — last modified 2008-01-13 11:30

My neighbour owns a 10 feet tall Leylandii hedge between our front gardens. He cuts the top and his side but refuses to maintain my side. It is too tall for me to cut safely so I have asked him either to cut my side as well as his own or to reduce the height so that I am able to cut it myself. He refuses and says that he is not obliged to cut my side. He also says that I will be contravening the laws of trespass if I reduce the height. I cannot afford to pay somebody to cut it every year. What should I do?

Skylight is leaking but neither insurer, loft fitter nor previous owner accept responsibility: where do I get redress? — by Conrad Murray — last modified 2008-01-14 18:08

I purchased my house in December 2006 and had the time had all the standard checks done on the house. In approximately October 2007 the window in the loft, which is a skylight began to leak. I rang my insurance company to see if it could have been caused by storm damage. A surveyor came out from the Norwich Union insurance who advised me that he believed the problem was caused by the window and he could not seen any physical defects with the roof. I requested a second surveyor to come and assess the problem and he also believed that the leak was coming through the window (flashing kit). I rang up the previous owner to inquiry if she had ever had any problems with the window. The loft conversion was carried out in 2003 and the previous owner assured me that she had never had a problem. She also told me that the work was still under warranty as it had a 6-year warranty. I rang the company (Topflite) who carried out the work on the loft conversion but they told me that the warranty was only available to the previous owner and was not transferable. One of the manager's from Topflite said he would come out to assess the damage and see what the problem is. I have been calling him since October 2007 and he has continuously ignored my calls. I feel very disappointed about the leak in the loft because it has caused a lot of damage to the walls and carpet. I am concerned why the problem was not detected when the checks were done on the house before the purchase. Please could you advise me on what I can do?

Shared fence blew down in bad weather - who is responsible for repairing it? — by Conrad Murray — last modified 2008-01-15 10:43

During recent bad weather my shared rear fence partially blew down. The fence was there when I moved into my new-build house and there was already someone living behind me. She therefore put extra panels on the fence so there was no visibility into her garden and the main support poles are on her side). With the fence now partially down, I was wondering who would be responsible for the repair of this fence? My neighbour, or is it joint? Many thanks for the advice...

Can I remain a director of the Management Company if my flat in the building it controls is sold? — by Conrad Murray