Residential Property

• Accessing Your Own Land Prior to the introduction of revised procedures (set out in regulations under Section 68 of the Countryside and Rights of Way Act 2000 , which came into effect in July 2002), people who had to cross common land in order to reach their homes were sometimes...
• Bank of Mum and Dad Lending Issues Tthe 'bank of Mum and Dad' is  unsurprisingly one of the leading sources of finance for house purchase – it was estimated that 300,000 mortgage deposits were provided by parents of property purchasers in 2016. The survey, sponsored by the Centre...
• Buying Abroad - Considerations More than 400,000 UK citizens own properties abroad. If you are thinking of joining them, here ar some of the main issues: as well as it being essential to take independent and high quality legal advice, there are several other considerations you should be...
• Buying a House and Consumer Protection With the appointment of a Property Ombudsman , the laying down in statute of the duties of estate agents and the passing of the Consumers, Estate Agents and Redress Act 2007 (CEARA), a property purchaser might reasonably conclude that their interests are...
• Fact Sheet - Disclosure to Mortgage Lenders of Incentives for Buyers This fact sheet provides guidance for those involved in the development of residential properties whether new builds or conversions of existing properties . On 1 September 2008, the Council of Mortgage Lenders (CML)  introduced new procedures in...
• Guide to Law on Squatting in Residential Premises After carrying out an extensive consultation exercise, which closed in October 2011, squatting in residential properties has now become a criminal offence. Criminal squatting occurs when: a person knowingly enters a residential building as a...
• How Do We Set Up a Commonhold? Commonholds are a relatively new way of holding property and will be attractive to some flat owners who wish to take the ownership and management of the freehold of their block of flats out of a management company. They may also become increasingly common in...
• Leaseholders' Right to Manage Since 2003 qualifying leaseholders have had the right to take over the management of their block of flats from their landlord, under provisions made under the Commonhold and Leasehold Reform Act 2002 . Leaseholders who take advantage of this right have more...
• Mortgage Exit Administration Charges - Consumer Redress When you ask for a redemption statement from your mortgage lender, it can come as an unpleasant surprise to see an additional charge termed ‘mortgage exit administration fee’ (MEAF), which, while it will be shown in the mortgage offer letter, is...
• Planning Law Basics Whether you are planning to refurbish and sell a house or to construct a whole new apartment block, almost all your plans will be governed by planning laws and any local restrictions. Planning restrictions are more stringent in conservation areas, for...
• Repossessions - the Duties of Mortgage Lenders When mortgage arrears are serious and/or there is a breach of the mortgage covenants, the lender will usually seek an order for repossession of the property. Once it has possession, it will normally sell it with vacant possession. If this course is taken, it...
• Selling Your House and Land: Tax Tips Most people buy and sell the property they live in without any thoughts about tax (other than, perhaps, Stamp Duty Land Tax). However, there are some circumstances in which selling the property you live in can cause tax problems. Some of the main ones are: ...
• Selling Your Property at Auction In recent years, increased mobility and growing rates of home ownership have meant that ever-larger numbers of people nowadays inherit properties from relatives who lived many miles away. Similarly, many buy-to-let properties have been purchased in areas...
• Stamp Duty Land Tax and Second Properties - The Basics Stamp Duty Land Tax (SDLT) was brought in to replace the old 'stamp duty' and has been complex since its inception. Among the transactions subject to SDLT are residential property sales. Levied at a rate of 2 per cent on purchases of £125,001 to...
• Tenancy deposits: Landlord's Obligations after the Fixed Term Expires Recent case law means that where a tenant remains in occupation after the fixed term, and a new ‘statutory periodic tenancy’ arises, the obligations to deal with the deposit arise. This is the case even where a landlord complied with the...
• Tenants' Right to Buy The right of secure tenants to buy their homes was established under the Housing Act 1980 . The original rules have subsequently been amended, however, mainly owing to a growing number of abuses of the system. These mainly involved property speculators who...
• Timeshares - Good or Bad? Although there are millions of contented timeshare owners throughout the world, the timeshare industry has certainly had a chequered history. On the one hand there is the promise of golden weeks in the sun or on the slopes at a fraction of the cost of buying...
• What is a Tenant's Improvement? The law allows any tenant (with some exceptions) who has lived in a property for more than three years under a lease of more than 20 years to apply to the Landlord to purchase the freehold. The purchase price is based on the open market value of the...
• When Can I Access My Neighbour's Land? Disputes between neighbours can cause a lot of unpleasantness. If you need to deal with your neighbours over matters related to land or property it is always advisable to try to get things done in a friendly way, whilst at the same time making sure you know...
• Who Can Go Where? In England and Wales, the law relating to access to land position is governed by the Countryside and Rights of Way Act 2000 . In England and Wales, the public have the right to access what is called 'access land' – which is mainly registered common...