Tag Archives: Property Law

Buying a property: what are searches and why do we do them?

Posted on 22/06/2023 by Ben Ironmonger

Whether you are buying a commercial property, or a residential one, property searches will be carried out by your conveyancer to discover issues with the property that may not be registered at the Land Registry, and so cannot be discovered from the title (if registered), and the owner may not know, or simply cannot remember everything. So, what are the common property searches? Local Authority Search The local search reveals a variety of useful information regarding a property.  This report reveals: All of which is usually very important to buyers! Drainage search This will check whether the property is connected to mains water and sewerage.  It cannot be assumed that all properties are, and in our area there are a lot of properties that use septic tanks, and this then leads on to whether it has been registered with the … Continue reading →

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How long is your lease?

Posted on 16/07/2021 by freestyle

Is it time to extend your lease and protect your asset? If you own a flat or a leasehold property, whether as your primary residence or perhaps an investment property, many fail to realise that their lease is only for a fixed number of years. Once those years have completely elapsed, the lease comes to an end and the property goes back to the landlord (normally the freeholder).  Short leases are an increasingly common headache for owners of flats when they come to sell.  As the years start to expire and the term gets shorter, the lease (your property) gradually loses value, and the cost of seeking an extension gets more and more expensive.  The shorter the lease, the harder the property is to sell.  The rule of thumb is that buyers are normally hesitant to purchase a lease with … Continue reading →

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Eviction ban extended, but there is some help for landlords

Posted on 18/01/2021 by freestyle

The latest COVID eviction rules (the memorably named “Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021”) came into force last week extending the suspension of evictions for residential tenants. The regulations provide that no evictions can take place in England until 21 February 2021. However, there are some exemptions to the ban on residential evictions in certain serious circumstances. These include cases involving trespassers, antisocial behaviour and “substantial rent arrears” (rent arrears of 6 months or more). When making an order for possession, the court should record whether the order falls within one of the exemptions. In the previous bans on eviction, the substantial rent arrears exemption only applied where there were 9 months’ arrears on or before 23 March 2020. Such approach has caused many landlords to suffer considerable financial hardship, and so this loosening will be welcomed. … Continue reading →

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Tenants in common versus joint tenants: what does it mean when a solicitor asks how you want to own a property?

Posted on 18/02/2020 by freestyle

When buying a residential or a commercial property with another person, how the parties determine the ownership is very important, and it is therefore vital to have an understanding of the different options available. There are two options that need to be considered: They are slightly confusing terms, as many people (particularly first-time residential buyers) may normally associate the word “tenant” with someone who is renting a property. The main reason to be clear on which option you choose is because it may well determine what happens to the property if one of the owners dies, or (if you are an unmarried couple) you separate. Part of the consideration should also centre around how much each party is contributing to the purchase. Do you wish for this share to be reflected moving forward? Tenants in common Tenants in common is … Continue reading →

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