Property clinic: do I have to use a deposit-protection scheme? Janet, Liverpool A right of way is essentially a right to pass over another person's land. Such rights, which can be created by long-time use under common law or statute, stay with the land and are not in any way personal. Typically, people have a right of way if they have enjoyed that right for a continuous 20-year period or 20 years up to the date any action is brought. You may need to determine if previous owners were aware of your neighbour using the land. Then you can determine whether your neighbour has the right or not. I am relatively new to being a landlord and have been given my first deposit from a tenant. Can this just sit in one of my bank accounts or do I need to put it somewhere else? John, Exeter Deposits received by landlords should be placed in a government-backed tenancy deposit scheme. You also need to provide your tenant with details of which scheme you have used within 30 days of receipt. Failure to comply with these rules may mean you are liable to refund the deposit and pay your tenant damages. This could be up to three times the deposit. You will be unable to serve a Section 21 notice to end the tenancy. I am about to move in with my long-term partner and, rather than sell my house, I would like to rent it out. Can you suggest how I would go about switching to a different mortgage ? Emily, Newcastle If you plan to keep the same mortgage with the same lender, talking to the lender directly would probably be your best option. But this might be an opportunity to shop around for a better deal by instructing a mortgage broker. A buy-to-let product will have certain conditions that your current residential mortgage does not. You will not be permitted to live in the property following the change of mortgage. In addition, the buy-to-let mortgage rates are normally different from those on a residential mortgage. You will need to have a tenancy agreement drawn up and open an account with one of the recognised deposit schemes. You should also change your address with the Land Registry and have a restriction registered to protect you against fraud . A tenant who lives in a letting agent-managed property I own has got in touch with me complaining that the agent is not sorting out repairs . This is the latest in a number of complaints . If they are not meeting their responsibilities, could I take legal action? Will, Ipswich When you engaged the letting agent to manage the property, it is likely that you both signed a written agreement covering the agent's management obligations. If the agent has breached these , then send them a detailed letter, requesting that the agent addresses any outstanding issues. Then, if the problems are not rectified, you may proceed with legal action. However, it may also be worth changing agents, but make sure you terminate your current agreement in accordance with any conditions in the contract. I am employed as a caretaker and have lived in a flat, where I have worked for the past 20 years. I am due to retire at the end of this year, so will this mean I have to move out? David, Lincoln The key here is whether you are classed as a service occupier. If the flat is essential to the performance of your duties, or if your contract of employment specifically requires occupation of the flat , you are likely to come under the heading of a service occupier. This unfortunately means that your right to occupy the property is likely to cease on retirement. It is also worth noting that in these circumstances your landlord (your employer) will not be required to serve you with notice. This right would end automatically along with your employment. I want to sell my wardrobe to the people buying my house and they have said that they will pay me cash on the day. Should I insist that it is somehow written into the contract? Matthew, Swindon When you instruct your solicitor to help with with the sale of your property they will forward you a fixtures list for completion. This document details all the items to be left in the house and all those to be removed from the property by you upon completion. This is then passed to the buyers" solicitors with the contract documentation. At exchange of contracts the fixtures list is attached to the contract to show the agreement in respect of fixtures. If a price is agreed for any additional items, such as a wardrobe, it is sensible to have the price included in the contract. Then the buyer will be obliged to pay for the wardrobe when paying for the property, which means you will have more certainty that the amount agreed will be paid. Similarly, the buyer will have the certainty that the wardrobe will be left in the property. If a number of items are to be sold, then it is worth having a separate list, noting the items and the prices agreed which can also be attached to the contract. This way the agreement for payment of fixtures becomes part of the legally binding contract upon exchange. Then if either party defaults on the contract, the innocent party will have cause for action.