Property & Housing
What should I do if I need legal advice about my property?
Almost everyone will need legal advice on the property in which they live, whether they are homeowners or tenants renting their houses or flats. Companies engaged in the business of property, such as property developers, also have need of good legal advice. In recent years, the boom in “buy-to-let”, where companies or individuals buy houses or flats with the specific purpose of letting them out to tenants, has become a growth area. Or you might be in a dispute with a neighbour over your boundary or the noise they are making.
Property law covers a wide range of issues on which you would be well advised to seek legal advice. These include:
Buying and selling of property
The process of buying and selling of property is called conveyancing. The ownership of the property (called “title”) can be either “freehold”, which gives the owner full ownership without time limits, or “leasehold”, where the property (for example a flat) is rented out for a specific period. Leases can be for a period of between six months and 999 years. It is possible, in certain circumstances, for the owner of the leasehold to require the owner of the freehold to transfer the freehold title to them.
The relationship between freeholder and leaseholder can give rise to disputes, on anything from service charges to property management.
The buying and selling of property will usually involve financing. Purchasers will often borrow money from a bank or a building society to fund the purchase of their property – called a “mortgage”. The “mortgagor”, the company lending the money which is secured on the property itself, has the right to repossess the property and then sell it if the “mortgagee”, the person borrowing the money, fails to repay the loan.
Companies that are in the property business are required to comply with many different laws. These laws will cover the buying and selling of property, dealing with planning permission, and complying with environmental laws.
myBarrister barristers advise landlords, tenants, letting agents and managing agents on landlord and tenant law. If you are a landlord renting out your property, whether a house or flat or more than one of either, or if you a tenant living in rented accommodation, you will have many rights and obligations.
Neighbour disputes can involve anything from nuisance claims and boundary disputes to party wall disputes under the Party Wall Act 1996. If you have been poorly advised, you might wish to consider whether you have a claim for professional negligence against, for example, your surveyor or lawyer.
Why do I need a property law barrister?
Your property law barrister will be able to advise you on your rights, whether you are a freeholder or leaseholder, or a landlord or tenant. Barristers are experts in the law, are best placed to advise on the right course of action and will argue your case to the highest standard in any tribunal or court.
Is mediation right for me?
If you are in dispute over a property, real estate or housing matter, you don’t have to go to court. You should also consider mediation, which can be less stressful and cheaper. myBarrister can connect you to specialists in property, housing and landlord and tenant mediation who can help you resolve your dispute.
Who is the best barrister for me?
If you need expert advice on any property matter, choose a barrister on myBarrister. Barristers will provide you with guidance so you that you know where you stand and can take the right decisions about what to do next. We can put you in touch with a barrister who can advise you on any proceedings that you need to take or defend.