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The latest Autumn Budget has introduced several significant changes impacting the housing sector, particularly aimed at boosting affordable housing and supporting the mortgage market. At Warner Goodman LLP, we recognise how these developments can...
In a technology-driven era, the use of home security systems, such as Ring doorbells and private CCTV are on the rise as they seamlessly integrate into our daily lives. These tools provide homeowners with a heightened sense of security by enabling...
In a significant announcement within the latest Spring Budget for 2024, the government declared the discontinuation of Stamp Duty Land Tax (SDLT) Multiple Dwellings Relief (MDR), effective from June 1, 2024. Understanding Multiple Dwellings Relief...
In this article, Farouk Vahdati, from our Litigation and Resolution team, delves into the complex domain of tenants' rights, highlighting two important aspects: 'Derogation from Grant' and 'Quiet Enjoyment'. Farouk explains...
Owning a property is a significant milestone, and the process usually involves a great deal of planning and research. However, in some cases, you may consider purchasing a property without viewing it first. While we would always recommend inspecting the...
Conveyancers play a central role in various property transactions, whether assisting first-time buyers onto the property ladder, aiding investors in expanding their portfolios or guiding families in securing their forever homes. Despite their essential...
From 12 February 2024 (April 2024 for smaller sites), Biodiversity Net Gain (BNG) will be mandatory for most planning applications, including those made under s.73 of the Town and Country Planning Act 1990. This policy requires the creation and...
The Levelling-Up and Regeneration Bill received Royal Assent on 26th October 2023, meaning new laws are now in force. The Government believes the Levelling-up and Regeneration Act 2023 (‘the Act’) ‘will speed up the planning...
With the publication by National Trading Standards on 30th November 2023 of their new guidance for estate agents, “Material Information In Property Listings (Sales)”, the need for collaboration between estate agents and conveyancers may never...
A common situation for the conveyancer is dealing with a property where a wall has been removed to create an open-plan lounge/diner, or an extension has been built without proper building regulation documentation present. In such cases, a Building...
Several prominent organisations, including the Land Registry, Law Society, RICS, Propertymark, and UK Finance, have joined forces to establish the Digital Property Market Steering Group (DPMSG). This collaborative initiative is set to revolutionise the...
DLUCH's First Homes Scheme, promoted by Homes England and administered through DLUCH by Local Authorities, focuses on new build housing. The initiative aims to allocate up to 25% of a new development for purchase by essential workers and local first-time...
The Building Safety Act of 2022 has undergone significant revisions recently, ushering in crucial mandates to bolster building safety in the face of fire and other health and safety risks. Prompted by lessons drawn from the Grenfell Tower tragedy, these...
The Government's crackdown on illegal migration has seen a tripling of penalties for landlords who fail to enforce 'right-to-rent' rules. From the 22nd of January 2024, the Government will significantly increase civil penalties for...
Cohabitation has become increasingly common, with more and more couples choosing to live together without getting married or entering into a civil partnership. However, it is essential to note that cohabiting couples do not have the same legal rights...
As a landowner, you may have heard of the term 'public right of way' and wondered what it means. A public right of way is an area of land open to the public for passage, such as a path or roadway. In some cases, this right of way may be...
Significant judgment on the Building Safety Act 2022 and the Defective Premise Act 1972. URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772 In a previous article, we spoke about some of the changes the Building Safety Act 2022...
With the arrival of summer, many residents take to their gardens to enjoy the warm weather and make alterations to enhance their outdoor spaces. However, such garden alterations can sometimes lead to disputes between neighbours, causing tension and...
What is Equity Release? If you have paid off most or all of your existing mortgage or are mortgage-free, equity release may be an option worth considering. It allows you to borrow against the value of your home in the form of a loan, where funds...
In leases, break clauses can serve as crucial provisions providing flexibility for landlords and tenants. These clauses allow either party to terminate the lease before the fixed term expires, subject to certain conditions and notice requirements. ...
Buying property at auction can be a thrilling and rewarding experience. However, knowing the legal implications, rules and regulations, and possible risks involved in such a purchase is essential. In this article, we will explore the key considerations...
Parliament has announced the long-awaited Renters Reform Bill, arguably the biggest shake-up to Private Rental and renters' rights for over a decade. The new law, in short, will prevent landlords from evicting tenants without justification, thus...
In response to the tragedy of the Grenfell fire, there was a big call for further regulation on the Construction and management of buildings, specifically high-risk buildings over seven storeys or 18 metres high. Andrew Cullyer, Litigation Executive...
The property market continues to catch headlines, whether prices are up or down, city dwellers moving to the country or back again, or how long it is said to take to get the keys to a new home. Following the dramatic 30% fall in the number of...
Selling your home can be daunting, but Conveyancers are on hand to absorb as much as possible to ensure a smooth and efficient sale. Several legal aspects need consideration when selling a property, some of which can be satisfied before your property is...
Buying a house is one of the most significant investments that most people make in their lifetime. Buying a house can be daunting and complex whether you are a first-time buyer or an experienced property investor. In addition to finding the perfect home,...
Lessons are to be learned from the recent tragic case of two-year-old Awaab Ishak, who died after his health was compromised by mould growing in his rented home.
Help to Buy was first introduced by the Government in 2013, with many people taking advantage of this scheme to purchase their first home. Once the equity loan reaches five years old, interest becomes payable, encouraging homeowners to consider...
You may be wondering what your options are when it comes to acquiring land from a dissolved company? Or an individual who died intestate and without relatives to inherit the land? Charlotte Payne, a trainee solicitor in Warner Goodman’s residential...
CCTV and home surveillance equipment is a matter we get a lot of questions about at Warner Goodman. The recent case of Fairhurst v Woodard [2021] 10 WLUK 151 has gone through many of the issues around the installation and operation of CCTV on your...
Landlords letting residential property privately need to be aware of the latest changes relating to the right to rent checks that they must carry out on all new tenants and not to discriminate. Charlotte Payne, trainee solicitor in Warner...
October sees a major milestone in notice periods for residential tenancies where landlords are seeking possession, as they revert to pre-pandemic requirements. The time during the pandemic has been tough for both landlords and tenants alike, with many...
In all areas of construction, having the right contract in place is of utmost importance to avoid disputes in the future, whether that is regarding payment, the plans for the projects or the parties involved. A recent case decided in the High Court...
There has been much in the news recently about the support available from the Government for businesses in an attempt to save the high street and the economy, but little has been said about the effect on commercial landlords. Jenny Colvin in our ...
On 23 March 2020, the Government announced a lockdown for the United Kingdom in order to fight the outbreak of coronavirus. This meant that hundreds of thousands of businesses, large and small, were forced to close their doors to both their staff and the...
With several updates and changes in recent months, it’s understandable that residential landlords may be feeling slightly confused about where they stand regarding their possession proceedings or the notice periods. The good news is that the 6 months...
2020 saw 95% mortgages being withdrawn by lenders and only a handful remained, leaving little option for first-time buyers but to save more than a 5% deposit. Covid-19 is being directly attributed to the reasons for the reduction in the availability...
As the coronavirus pandemic and subsequent lockdown continues albeit with an end in sight, even with the success of the vaccine roll-out, it is an unfortunate consequence that not all companies will survive the coming months. With Carillion still fresh...
Chancellor Rishi Sunak has today announced an extension to the Stamp Duty Holiday, which was originally announced in July 2020. The amendments formed part of the support from the Government in response to the impact of the coronavirus pandemic. ...
Rishi Sunak has announced an extension to the Stamp Duty Holiday, which was originally announced in July 2020. The amendments form part of the support from the Government in response to the impact of the coronavirus pandemic.
The Government has recently announced long-overdue proposals to reform the way in which leaseholders can extend their leases to make the process fairer and cheaper for them. This has come as welcome news to many leasehold homeowners who buy their...
When a dispute arises between parties, there are several methods of resolution available, including arbitration, mediation, negotiation and litigation. Another option is adjudication, in which a third party will review the case put by either side and...
Construction disputes have a long history; there are records of people complaining about their builders from ancient Sumerian times! Construction projects that lead to disputes will have a significant financial and potentially reputational impact for...
When embarking on any sort of building project, it is vital that the terms and conditions of the arrangement are set out in writing and understood by all parties concerned. Having knowledge of the clauses within the contract and the subsequent issues...
Following the announcement from Boris Johnson on Saturday 31 st October, Robert Jenrick, Secretary of State for Housing, Communities and Local Government, has confirmed that the housing market will continue to operate despite entering a second national...
In amongst all the drama of 2020, it may have been easy to overlook the biggest overhaul of the planning system since the 1940s. Huge changes came into effect on 1 September 2020 and Jenny Colvin , Partner in our Commercial Property team, answers some of...
When you buy residential leasehold property, such as a flat, you buy a term of years which has a finite, known end date. Whilst this term is unlikely to expire in your lifetime, mortgage lenders have recently become more and more unwilling to loan money...
Further to The Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020, that were introduced in June 2020, possession proceedings were stayed again up to 23 August 2020. With this deadline soon approaching and the coronavirus restrictions continuing...
Landlords are breathing a sigh of relief over the news that a Court has allowed an eviction notice despite a copy of the gas safety certificate not being provided before the tenancy started. Mollie Leak , Litigation and Dispute Resolution ...
On 1 st April 2020, the latest stage of the Minimum Energy Efficiency Standards was implemented, making it unlawful for landlords to continue domestic residential tenancies where the property has a rating of F or G on its Energy Performance Certificate...
In light of recent Government guidance restricting moving home while we fight the coronavirus pandemic, our Residential Conveyancing team has been facing questions regarding whether similar restrictions apply to other areas of property, such as ...
With people facing a change in their financial circumstances due to the coronavirus outbreak, you may be wondering whether you can source an injection of funds by releasing equity in your home, either for you or to support your loved ones. Kiri...
16th June 2021: The latest update can be viewed by reading our " Clarification provided for residential landlords regarding tenancy notice periods " article following recent updates during 2021. The last couple of weeks have been ones of change...
The Government has overnight published new guidance for those who are currently buying or selling a property. In light of the current restrictions on movement across the UK and the importance of self-isolating, it is understandable that this will...
At an age where it may be challenging to access more traditional mortgage finance, equity release can supply you with the funds for your future plans. The money generated from equity release can be used for any purpose you have in mind, such as a once in a lifetime holiday, home improvements or even assisting a loved one in the purchase of their own property. In this guide Solicitor and Equity Release specialist, Kiri Saunders-Brown, details everything you need to know about equity release, including what it is, how long it can take, the safety of it and how it can impact Inheritance Tax.
Buying a property is an exciting and momentous life milestone. Whether you are looking for a new home for an expanding family, or you are looking to start your climb up the property ladder, buying a home can be a complicated one and it’s important to understand the steps that will see you settle in to your dream property. In this guide, Conveyancing Executive, Sabrina Skerritt, details the three stages to buying a property, shares her top tips and details how we can help you if you’re a first time buyer.
Whether you are selling your home to make more room for a growing family, or you are looking for something smaller now that the nest has become less occupied, our aim is to make your move as stress free as possible. We also understand that selling your home can be an emotional time if you are selling the property that you shared with a loved one, or a family home that your children grew up in. Here, Conveyancing Executive, Sabrina Skerritt, provides the ultimate guide for selling your home by detailing each step of the process, how to prepare your home for viewings, as well as selling your property through auction.
As Inheritance Tax (IHT) is calculated based on the size of your estate, releasing equity in your home would reduce the value of your property and therefore lead to either less Inheritance Tax payable upon your death, or your estate may fall under the threshold completely, provided the equity released is spent and not invested. It is important that you consider the wider impact this has on your estate and your future beneficiaries; Kiri Saunders-Brown, Equity Release specialist, discusses here how equity release affects Inheritance Tax and how we can support you if you decide you would like to release equity in your home.
The Government’s proposal to abolish section 21 notices has caused a feeling of uncertainty amongst landlords as to how they will go about regaining possession of their property if a tenant refuses to leave after the fixed term of their tenancy agreement expires. The Government has stated that the purpose of the abolishment is an attempt to remove no fault evictions so as to provide renters with the security of having a tenancy that cannot be ended through no fault of their own. The National Landlord’s Association have specified that “over 96% of landlords would consider the leaving the market without section 21”.
Downsizing and equity release are effective ways to fund your plans for later life, or to help a loved one onto the property ladder. They both have their pros and cons and the right option for you will depend on your own personal situation. Kiri Saunders-Brown, Solicitor and Equity Release specialist, explains here why equity release may be right for you, and why more people are choosing this option opposed to downsizing.
Equity release is an increasingly popular way for individuals to fund their retirement or help a loved one onto the property ladder. In recent years the practice has become more regulated in order to protect those releasing equity, namely with the introduction of the Equity Release Council (ERC) in 1991. We are delighted to have now joined the ERC; here Kiri Saunders-Brown, Equity Release specialist, explains more about why we have joined and how we can help you if you are considering equity release.
Despite past concerns, equity release is now considered to be a safe and effective way of raising funds. Releasing equity is fully regulated by the Financial Conduct Authority, and we can offer further protection as we are a member of the Equity Release Council.
With Help to Buy ISAs set to be shut down on November 30th 2019, you may be wondering if it is still worth opening one. Here Sarah Brooks, Head of our Residential Conveyancing department, explains why Help to Buy ISAs are still a good way to get your foot in the door as a first time buyer, and the difference between a Help to Buy ISA and a Lifetime ISA.
The abolishment of eviction notices under section 21 of the Housing Act 1988 could be seen as a positive move for tenants as they will remove the ability for landlords to evict them without a justifiable reason. However, there is a concern from the Resident Landlords Association (RLA), which is the largest representative for landlords within the UK, that “landlords will be more selective when this abolishment is in place”. Understandably, this raises causes for concern for current and future tenants.
If you own your current property and are over 55 years old (some schemes may apply different age requirements), you can release equity in order to buy a second property, or it may be more appropriate to consider re-mortgaging or a buy-to-let mortgage. Kiri Saunders-Brown, Equity Release specialist in our Southampton office, explains how you can do this and the factors you need to consider in order to proceed with the right decision for your own circumstances.
Depending on the equity release plan you choose, it usually takes between 6 to 8 weeks to release equity in your home, assuming there are no complications along the way. With this route of raising funds becoming more popular, Kiri Saunders-Brown, Equity Release specialist in our Southampton office, explains the various stages to equity release and the timescales involved.
The Tenant Fees Act sets out the Government's approach to banning letting fees paid by tenants in the private rented sector and capping tenancy deposits in England. The aim of the Act is to reduce the costs that some tenants have to pay, and...
The High Court has recently announced their decision in a pinnacle case regarding whether Brexit could frustrate a commercial property lease. Alexandra Savage , Commercial Property Solicitor in our Portsmouth office, reviews the outcome of the case....
Releasing equity in your home is an effective, and increasingly popular, way of raising funds to help your children onto the property ladder, make renovations, go on that once in a lifetime holiday or have a more solid financial foundation for your retirement.
Our Southampton Residential Conveyancing team are celebrating the promotion of Lucy Smith to Team Leader of the department.
On the 15th April 2019, the Government announced proposals to repeal section 21 of the Housing Act 1988, which provides a no fault procedure for a landlord to recover possession of their tenanted property. Were the proposals to proceed, the future of tenant evictions and repossessions would be drastically altered. Helen Porter, Partner in our Litigation and Dispute Resolution team, reviews the proposals and the steps landlords can take to protect their property in the future.
Our Litigation and Dispute Resolution team have previously discussed the progress of the Tenant Fees Act through the Houses of Parliament, but the Act has now received royal assent and shall come into force on 1 June 2019. From this date, landlords and letting agents are only able to charge for the deposit, rent and restricted default fees. Helen Porter, Partner in the team, reviews the changes being introduced and explains the steps landlords should take now to remain compliant.
A recent Tribunal decision has considered whether derelict residential properties are liable to the 3% surcharged rates for Stamp Duty Land Tax (SDLT). Joe Taylor, Commercial Property Solicitor in our Portsmouth team, considers the outcome of the case and...
Our Residential Conveyancing team have previously discussed how to spot Japanese Knotweed on your property, but could you have legal grounds to make a claim if your neighbour’s land has Japanese Knotweed that is encroaching upon your land? ...
On 20 March 2019 the Homes (Fitness for Human Habitation) Act 2018 (the Act) will come into force in England. The Act will give tenants the right to take court action for breach of contract if a property is not fit for human habitation at the start of and throughout their tenancy. Helen Porter, Partner in the Southampton based Litigation and Dispute Resolution team, explains the amendments being introduced by the Act and what they mean for landlords
Landlords will be familiar with the protection afforded to business tenants when it comes to lease renewal under the Landlord and Tenant Act 1954. At the end of WWII, commercial property was at a premium. Business tenants found that when they...
An option available to a tenant under a commercial lease is the ability to assign (or transfer) the lease to a third party. This will usually require the landlord’s consent. One of the conditions of a landlord giving their consent will inevitably be...
Japanese knotweed has become well known in the UK as a nuisance plant, which can lead to structural damage due to its aggressive nature and ability to grow through materials such as concrete and tarmac. Genni Cooper, Solicitor in our Residential...
The landscape of Stamp Duty Land Tax (SDLT) has changed significantly over recent years, mainly for first time buyers. That landscape is set to change once more on 1 st March as the deadline for submitting SDLT returns will reduce. Jenny Colvin,...
When purchasing a property, it can be confusing to know whether a survey is needed, what type of survey is best and who is responsible for organising this. Genni Cooper, Associate Solicitor in our Waterlooville Residential Conveyancing team, explains...
Equity release as a concept is not new, but equity release products are growing in popularity. The number of products on the market has doubled in the two years to August 2018, and lending through such schemes grew for the seventh consecutive year in...
New statistics released from the First Time Buyers 2018 report, produced by Yorkshire Building Society, have highlighted a significant increase in the level of First Time Buyers (FTBs). Genni Cooper, Residential Conveyancing Solicitor, here reviews...
An interesting and pinnacle case is about to go to court as to whether Brexit can frustrate a lease – bringing it to an end and releasing the parties from their obligations. Alexandra Savage, Commercial Property Solicitor, explains the facts of the...
We understand that being a landlord is a big responsibility and we’re here to help you understand your legal obligations to make your role as easy as possible.
With Christmas only six weeks away, there are many of you who will be looking to move into your new home in time for the Christmas festivities. To help you pick up those keys ready to put up your tree, decorate the house and cook your Christmas...
In recent months, there has been a growing trend in the way commercial tenants are using a particular type of insolvency prevention procedure, known as a Company Voluntary Agreement, to reduce the amount they are paying to their landlords. Here Helen Porter,...
If you have bought, sold or rented commercial property, then you may have heard your legal adviser refer to Commercial Property Standard Enquiries, or more commonly known CPSE. While the name may refer to them as ‘standard’, if you...
Owning a property comes with many considerations; one of them being whether you own your property as tenants in common or as joint tenants. Jane Cox, Private Client Partner, explains here the difference between the two statuses, and why they are...
From 1 October 2018, all Assured Shorthold Tenancies will be subject to the rules that were introduced by the Deregulation Act 2015 (‘the Act’), which outlines situations when a landlord can terminate a tenancy under Section 21 of the Housing Act 1988. Helen Porter, Partner in the Litigation and Dispute Resolution team, explains how the Act affects landlords who are faced with a complaint about their property from their tenant, and why this may restrict you from serving a Section 21 notice.
The sale of new properties as leaseholds subject to ground rents that double regularly is a topic that has been featured a lot in the press in recent months. National builders, Taylor Wimpey, have responded to criticism and launched a scheme whereby they...
When a landlord wishes to evict their tenant, it is vital that they follow the correct procedure for doing so, in order to avoid any unnecessary delays and wasted costs. This is particularly important given the upcoming changes in the law regarding landlords’ use of the procedure under Section 21 of the Housing Act 1988. Helen Porter, Partner in our Litigation and Dispute Resolution team, explains the changes in the law, and the steps landlords must take to ensure they are compliant.
All parents hope that one day their children will own their own home but with rising house prices and inflation, parents are being called upon to either house their children while they save for the deposit or gift the deposit themselves. Jane Cox,...
Recent comments made by Bank of England governor, Mark Carney, may have existing and future property owners, as well as landlords and developers, concerned about the future following Brexit. Sarah Brooks, Partner and Head of Residential Conveyancing,...
On September 5th the Tenant Fees Bill (the Bill) had its’ third reading in the House of Commons and the Bill has now been passed up to the House of Lords for consideration. Helen Porter, Litigation and Dispute Resolution Partner, explains how...
When a landlord wishes to evict their tenant, it will not be a decision they have reached lightly and will invariably be the last resort. There could be various reasons why they wish to do this, but there are also various steps they must follow to ensure any subsequent eviction is legal. Helen Porter, Partner in our Litigation and Dispute Resolution team, explains the correct steps for landlords and the legal consequences if they do not evict their tenants legally.
When tree roots extend into your neighbour’s property they can cause damage, especially if they are close to foundations of a building. Helen Porter, Partner in our Litigation and Dispute Resolution team, explains here the rights you have regarding tree roots and steps to take before legal action.
When granting an assured shorthold tenancy of residential accommodation, you should ensure you are aware of the obligations you are required to satisfy both at the beginning of, and throughout the duration of the tenancy, otherwise you could face serious difficulty when trying to regain possession of your property. Helen Porter, Partner in our Litigation and Dispute Resolution team, explains these responsibilities here, and reviews a recent case highlighting the impact the failure to deliver a Gas Safety Certificate to a tenant can have on the validity of notice given under section 21 of the Housing Act 1988.
The Bank of England’s Monetary Policy Committee last week announced that their interest rate will increase from 0.5% to 0.75% on 2 August 2018; the highest percentage since March 2009. Whilst this may mean that the interest rates in your savings...
Not a day goes by when we are not faced with news of identity theft or online fraud, and so it should be no surprise that if you are buying or selling a property, as your lawyers, we will ask you for several documents to confirm your identity and also query...
In 2017, it was reported that over 80,000 British homeowners were trying to boost their income by advertising their properties on short term rental websites such as Airbnb. With these numbers expected to rise to one third of homeowners by 2021, and...
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