A sale of part is when you are planning to only sell part of your property or land. There are far more considerations to take into account for a sale of part than if you are selling the whole thing. Initially, for example, the basic requirement for a sale of part is for the area being sold to be clearly defined, which will need to be done with a Land Registry compliant plan. This is not usually necessary for a transfer of whole. [Read more…]
BHW has put together a useful guide for Residential Landlords and Property Agents, explaining the process of making a possession claim to remove a tenant from a residential property they let or manage.
As part of the Land Registry’s customer care policy, the Registry has announced a new proposal to publish data which would reveal how well (and how badly) a conveyancer is performing in completing their Land Registry applications. [Read more…]
BHW Residential are pleased to announce the launch of a new No Move No Fee Guarantee. Unfortunately, there is a risk with every conveyancing transaction that it will not proceed, often through no fault of your own.
Around 1 in 3 house purchases or sales fail to make it through to completion. It could be that another party in the chain pulls out of the deal for a multitude of reasons, such as dubious search results, a change of heart, or you might be a victim of gazumping. [Read more…]
We are all familiar with the threat of cybercrime. Unsurprisingly, the legal industry is a favourite target of fraudsters and criminals. Large sums of money are often transferred between clients, law firms, and banks or other lenders. Scammers prey on the trust between solicitors and their clients. [Read more…]
BHW Solicitors continues to invest in its Residential Conveyancing division with the recruitment of 4 new conveyancing specialists.
The appointments take the total staff to over 30 within its dedicated residential conveyancing division for the Leicester based law firm. [Read more…]
In England and Wales, there are two main forms of interest in a property – freehold or leasehold. When property or land is freehold it is owned outright, and there is no time limit on the period of ownership. Leasehold, however, is the temporary ownership of property under a lease. A lease can run for any amount of time, but once the lease expires ownership of the property reverts to the freeholder.
In the case of long leases, which can run for hundreds of years, possession of the property is often subject to payment (on demand) of “ground rent” to the freeholder (or superior landlord) for the use of the land the property sits on.
Any tenant surrendering a lease before the end of the contractual term will assume that this terminates all their obligations to the landlord and they can “walk away”. Often a premium is paid to the landlord in return for the early exit from the lease. However, a recent case has raised a serious pitfall where the landlord has a mortgage – the lender did not consent to the surrender and the surrender was ineffective.
The case is Co-operative Bank plc v Hayes Freehold limited (in liquidation) where a deed was completed which purported to effect a surrender of a headlease and an underlease. It also provided for the unconditional and irrevocable release of the undertenant’s guarantor. Both the freehold title and the underlease were charged to Co-operative Bank and, under the terms of the charge, the bank’s consent was required to a surrender or any other dealing with either lease. The bank had not consented to the surrenders and so its position was that the deed of surrender was void. [Read more…]
BHW Solicitors will be exhibiting at the Help to Buy Warwickshire Show on Saturday 21st October 2017 to help house hunters discover their home ownership options.
The Help to Buy Show is a FREE property event that brings together a whole host of housing professionals to help people unlock their buying potential and get onto the property ladder.
With new house builders, mortgage advisors and solicitors available visitors can increase their property knowledge and come away with lots of useful information. The Help to Buy Midlands team will be on hand explaining more about Help to Buy and the different home buying options.
Exhibitors include house builders with new-build properties for sale through the Help to Buy Equity Loan and Shared Ownership schemes, and financial advisors who will be providing free mortgage assessments and advice throughout the day.
BHW Solicitors will be on hand to advise on the conveyancing process and explain how we can make your moving process as smooth as possible.
The event is not just for first-time buyers, it’s also for people thinking about moving up the property ladder, or downsizing to a smaller place.
The Help to Buy Warwickshire Show will be at the Crowne Plaza Hotel, Bridgefoot, Stratford-upon-Avon, CV37 6YR on Saturday 21st October 2017, 10am to 4pm.
Entry is free. Avoid the queues by registering for your free tickets today. Online registration is now open at: http://www.helptobuymidlands.co.uk/roadshow
Further information is available on the Help to Buy Midlands website www.helptobuymidlands.co.uk or by calling Help to Buy Midlands on 03458 502050 and selecting option 2.
Shortly after instructing a solicitor on the purchase of a property (whether commercial or residential) or even the taking of a lease as a tenant (whether a new lease or the assignment of an existing lease) you will usually have to part with what may seem like a goodly amount of money “on account of searches”. The purpose of these and the importance placed on them may seem mysterious. The objective of this article is to explain in more detail the reasons behind one of the most important searches – the Local Search. [Read more…]