Foot in the door
Q I bought my own house three years ago, and have spent thousands renovating it. I was considering asking my girlfriend of two years to move in with me, but various people tell me that after six months she would be classed as my common law wife. Is this true, and would she therefore be entitled to half the house if we were to split up two years down the line?
A There’s no such thing as a common law wife. After two years living with you, your girlfriend would have a claim on your estate, including the house, if you were to die. Otherwise, she could only develop a claim on your property if she contributed to the mortgage, invested a sum of money in the fabric of the house, for example by paying for an extension to be built, or if you promised her a share in the house either verbally or in writing. You could draw up a cohabitation agreement to make your position clear. Things would change if you were to marry or have children.
Candid camera
Q A neighbour has recently installed a CCTV camera, which is used to film all our comings and goings. We feel this is an intrusion of our privacy. Is this legal, and if not, what can we do about it?
A It’s not illegal. The right to privacy contained in the Human Rights Act only protects the individual from officialdom. The police could bring a prosecution for harassment, but you would need to convince them that you could prove that your neighbours are causing you distress and alarm. The law may have to address the camera issue at some stage, since the problem is on the increase. Currently, your best option may be to grow something in front of the camera on your side of the boundary.
Surprise flood
Q A pipe under the floorboards of the vacant flat above mine leaked 12 months ago, bringing down half a ceiling and ruining a sofa, carpets and decor. It states in my lease that anything above my ceiling is the responsibility of the upstairs flat. The management company sent out a plumber to fix the leak and gave me the name and insurance details of the person who owns the flat above, but his insurers say they have no liability to pay for the damage.
A The insurers may be right. Unless there’s a specific reference in your lease agreement to problems in one flat affecting the others, it’s likely that the owner of the flat above would have to compensate you only if he was responsible for the pipe in question or had been negligent in some way, for instance if he had let the bath overflow.
You will need to look at your lease and probably also establish whether the pipe serves one or more than one flat. If the pipes are in a generally poor condition, you should direct your claim to whoever is responsible for them.
Service charge
Q When I bought my flat two years ago, the quarterly service charge was £155. This has now risen to £203 – a 31 per cent increase, which seems extortionate. I have now received a further letter demanding an extra £206 – my share of a budget deficit for services provided up to March. I feel that if they have mismanaged their budget that’s their problem.
A Your best bet is probably to form a tenant’s association to monitor the management company’s accounts. You are entitled to see a summary, and if anything is amiss you are entitled to apply for a Leasehold Valuation Tribunal hearing to determine whether your service charges are reasonable.
Obviously, it would be better if you were able to share this cost with other tenants. I suggest you contact the Leasehold Advisory Service on 020 7383 9800. They also have a useful website, lease-advice.org
Loan spiral
Q We have a loan with a finance company. We paid off £7,000 and were taken to court, where the firm obtained a county court judgement against us. We thought that, according to the judgement, no further interest would be added but they’ve now put on another £7,000 in interest. Is this legal?
A If you think the court froze the interest payable on your debt, then you should show the order to a solicitor or advice centre. I think this is unlikely unless the lender’s terms are extortionate and you asked the court to alter the loan agreement. Normally a lender who takes a debtor to court will be entitled to continue to charge interest and also add court fees and the like on to the debt. It’s worth seeking advice before you’re taken to court. Most lenders would rather receive some payment instead of none at all and it’s often possible to negotiate or renegotiate payment terms before the debt spirals out of control.