How Does Property Law Affect You?

Buying a property
Buying a property usually involves solicitors, estate agents, surveyors and unless you're buying with cash, a mortgage provider. You can do some parts yourself, such as the 'conveyancing,' but it's better to get the professionals to do it for you, even if it's expensive.

• As part of the conveyancing, solicitors carry out the necessary local searches. They ensure that the property isn't due to be demolished, subject to a compulsory purchase order, which might happen when the area the property is in is due for re-development, and most importantly of all, that the seller actually owns the property.
• They organise the transfers of money, deeds, and the particulars of the sale, such as the fixtures and fittings included in the purchase and determine the boundaries, rights of way and that a legally binding lease exists.
• Estate agents represent the seller. Should a problem arise with an agent you can complain to their trade association or the estate agent's ombudsman. Your local Trading Standards office can help you here and anything up to £50,000 can be awarded in compensation for problems.
• The surveyor inspects the property to ensure that it's worth the asking price. Your mortgage provider will insist on a minimal survey but it's worth having a more detailed survey done to be on the safe side.

The seller isn't legally obliged to point out any problems with the property, although they must answer truthfully any questions they are asked. If a problem arises the seller may be liable under the Property Misdescriptions Act 1991 and may have to compensate the buyer.

Leases and renting
Both landlords and tenants have legal obligations that depend on the type of lease.

There are three types of lease for private tenancies:

• Assured Shorthold Tenancy - tenancies started after 28th February 1997 unless the landlord has stated otherwise. Landlords are certain of retaining possession of the property at the end of the lease.
• Assured Tenancy - tenancy is assured for a fixed period and can only be terminated by court order or surrender by the tenant.
• Regulated (or 'protected') Tenancy - tenancies started before 15th January 1989. These offer the most protection against rent increases or eviction.

Under the Housing Act 1985, council or housing association tenants benefit from 'Secure Tenancy'. They have greater protection from rent increases or eviction than private tenants and can transfer the tenancy to a spouse or dependants should they die.

What is a crime? Find out in our next page on Crime.

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