Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Original poster

Need a property lawyer - any recommendations?

27 replies

NotQuiteCockney · 24/03/2006 22:06

We are in London. We don't necessarily need to meet with a lawyer, a phone chat (which we'd pay for) would be fine.

The tricky bit is, we need someone with some knowledge of:

  • council tax law
  • marital law
  • capital gains

It's essentially a property issue.

OP posts:
Original poster
NotQuiteCockney · 25/03/2006 16:47

bump?

OP posts:
CarolineLaLune · 25/03/2006 16:50

how much money is at stake?

Original poster
NotQuiteCockney · 25/03/2006 16:54

Dunno. Hard to say.

We're knocking two properties together, and living in them. We're not doing it officially, because we won't ever sell the properties as one, iyswim.

So I think we probably want to each be officially living in one, so that we pay council tax on both, but with a single person reduction (only one adult/house). Also, that way, each house counts as a primary residence for one of us, so no capital gains when we sell (well, a bit, as one house was rented out for a few years).

But does that mean we wouldn't be officially living together any more?

OP posts:
CarolineLaLune · 25/03/2006 20:11

have asked a divorce lawyer and he's pointed out that the courts don't actually force people to get divorced just because they are living apart.

Thought you were unmarried anyway NQC?

Don't know what the council tax or CGT position is though, sorry. Bet someone on MN will know.

zippipetitspieds · 25/03/2006 20:15

I'm curious have you done this with building regs and planning permission, I don't think you can knock through otherwise and then they would be reassessed as a single dwelling.

cece · 25/03/2006 20:16

Dh knows about council tax.

He said you need to contact valuation officer and they will reband it as a single dwelling. It depends on the value of the property/ies and the bands they are/would be whether the CT would be cheaper as one or two dwellings.

Original poster
NotQuiteCockney · 25/03/2006 20:49

We haven't done building regs etc. Essentially because, the changes are entirely internal, and the properties will never be sold as a single property.

The only significant changes we've had done, apart from knocking holes in the walls, was loft conversions, and those loft rooms aren't legally rooms, as they don't have stairs, only ladders. We realise this means we can't sell the houses as 3-beds, only as 2-beds, but that's fine.

We don't really want it rebanded as a single building, as then we'd have to get planning permission to split it again in the long run, which is more hassle than it's worth, surely?

OP posts:
Original poster
NotQuiteCockney · 25/03/2006 20:50

Oh, and yes, we're married. No, we don't plan to divorce. But I just worry about us ending up counting as non-cohabiting for any sort of benefit? Guess it doesn't matter. And the houses are both tenants in common (I think? the one where you don't set out % of ownership), so it doesn't matter about the whole marital home rights thing, I guess.

OP posts:
CarolineLaLune · 25/03/2006 20:52

Joint tenants is the one where you both own the whole thing, rather than each owing a %age.

Isn't the point of being married that you count as a couple come what may? Don't think you will lose out.

zippipetitspieds · 25/03/2006 20:53

you do actually need both building regs and planning permission even if it is internal, will effect the structure and fire safety

Original poster
NotQuiteCockney · 25/03/2006 20:55

Hmm, the architect didn't think so. We're only putting small doorways in, not taking out whole walls. And surely having more ways out is safer for fire safety?

(The building is 1890s or something, you could bomb it and it would stay up, I think.)

OP posts:
zippipetitspieds · 25/03/2006 21:05

But normally the fire itself wouldn't travel between the two buildings.

You can't even move a bathroom without building regs so I'd be very surprised, also would need approval of the lintels over the opened up door ways?

cece · 25/03/2006 21:10

The loft doesn't comply with fire regs either by the sound of it.

zippipetitspieds · 25/03/2006 21:12

Have you asked the council, you could be invalidating your house insurance/mortgage

Original poster
NotQuiteCockney · 25/03/2006 23:48

The loft isn't legally a room, I don't think. If we made the room to put in a proper staircase, it would cost more space than the loft gives us, iyswim.

Hmm, dunno about fires travelling between buildings, fair point.

But I would rather not deal with our council on this stuff.

OP posts:
zippitippitoes · 25/03/2006 23:50

i would check your insurance then

zippitippitoes · 25/03/2006 23:51

You aren't having anyone sleep there are you?

zippitippitoes · 25/03/2006 23:53

What are the loft rooms used for? Can you escape from fire?

Original poster
NotQuiteCockney · 25/03/2006 23:55

Hmm, will check insurance. The loft rooms can be got out of via the dormer windows, some roof to slide down. Hard to get to the ground from there, though, but you do end up on a flat roof and can move to other houses.

Knocking through will make the loft rooms safer, anyway, as there will be two ways down from them, admittedly both short ladders, plus the window option.

OP posts:
zippitippitoes · 26/03/2006 00:04

Building regs are for your benefit re safety I think you need to consider that, no way I would just join our house next door without permission/approval to be honest..1840 terrace

fire is a big consideration, remember 1666 properties aren't designed laterally

Original poster
NotQuiteCockney · 26/03/2006 08:50

Right ... but from what I know, getting it all approved as a single property will really complicate matters. We've kept it as easy to split as possible. And at this point, I'm pretty sure it's too late to get the council involved anyway.

I do still need a lawyer, though. Anyone have any recommendations?

OP posts:
noddyholder · 26/03/2006 09:02

You need building regs for everything now as I am finding out atm.Do you mean you and dh live next door to each other and have split?If you are never going to sell there shouldn't be a problem as no one will ever see it.If you and your partner have split then you could theoretically get single person benefit for council tax

Original poster
NotQuiteCockney · 26/03/2006 09:28

No no, we haven't split. We are still living together, just in two places joined together.

The architect is certain we don't need building regs. Obviously the work is all being done up to code, proper builders, proper spec, etc.

We certainly won't ever try to sell the two properties as one. There's no point - they're worth much more as two.

OP posts:
cece · 26/03/2006 23:21

There was a question about something similar to this in The Sunday Times Home supplement today. In the questions bit.

I'm a bit confused about what you are trying to achieve? All sounds a lot of hassle to me. Can't understand why you don't wnat to do it 'properly'.

Original poster
NotQuiteCockney · 27/03/2006 07:01

Well, I'm not sure we'd get permission to have it as one property, anyway, as it's a strange building anyway.

Actually, we did call the council and the people who run the development (we do have freehold over our buildings, though), when we were deciding whether to buy the other house, and they didn't care, as long as we weren't changing the outside. Getting planning permission to join the houses, and then getting planning permission to split them again (when we want to sell one or both), would be very expensive for no real point.

I'm not looking for answers to anything here, anyway! I just want a recommendation of a lawyer!

OP posts:
Swipe left for the next trending thread