Q In the mid-1970s we had a utility room built on to our kitchen, but overlooked the need to apply for a Completion Certificate from the council.
In the mid-1990s we did apply but the council was unable to issue one and issued a “letter of comfort” confirming the work was almost complete with some minor work still to be done. If we should decide to sell our house will this satisfy any legal requirements or do you envisage any problems?
A A letter of comfort is the standard way to remedy the lack of building warrant and completion certificate for alterations on a house.
As long as you advise prospective buyers of the situation (and they will learn of it from the seller’s home report anyway) and tell them that is all the documentation available, it is then up to them as to whether to proceed or not. Given the age of your works, it is most unlikely any reasonable buyer will be put off.
Neighbours from hell
Q An anti-social neighbour holds parties at all hours, has doors banging and friends buzzing at all different times.
I have asked the company that owns 40% of these houses to do something but it says it is nothing to do with them.
I have called the police, who say they cannot act until they catch the neighbours making noise.
A I don’t think the shared equity company will have any say, unless there is something in the neighbour’s title deeds.
Contact the council’s environmental health department. It should be able to monitor the situation and take action.
Also ask the council to look into taking out an Anti-Social Behaviour Order. Speak to your local councillor to reinforce these approaches.
If you have difficulty getting action, you can take out your own court action of interdict (like injunction) against the neighbour, who can be brought before the sheriff to explain herself if she continues this conduct.
Do I need to change will?
Q I want to leave a little gift of money to our local church but do not want to re-write my will. Can I just do a note and sign it to amend my will?
A You can, although it would be better if you write and sign this codicil, as it is called, on the will itself, sign it and have your signature witnessed.
Leak has ruined carpet
Q We are owners of a ground flat in a retirement community. A water pipe leaked in the flat above, causing damage to our ceilings. It has been repaired with much inconvenience by the management, but they are refusing to pay for our ruined hall carpet.
A Assuming they did the repairs because the liability for the repair generally was theirs, they should be liable for ALL losses arising out of the leaks. Demand a response in writing and also check your deeds – especially the deed of conditions for the block.
