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...
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Buying Abroad - Considerations
After another cold, wet summer and with dull economic prospects at home, you might be thinking of buying a property abroad or even making a permanent move to foreign climes. If so, as well as it being essential to take independent and high quality legal...
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Buying a House and Consumer Protection
With the appointment of an Ombudsman for Estate Agents (OEA), 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...
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Current Laws on Electrical Work
Since 1st January 2005, all electrical work carried out in dwellings has had to comply with  Part P of the Building Regulations and be carried out by a person who is competent to do the work. All work which involves adding a new circuit to a...
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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...
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Government to Outlaw Squatting in Residential Premises
The Ministry of Justice (MoJ) has published its response to the recent consultation on proposals to criminalise squatting. The consultation paper, entitled ‘Options for dealing with squatting’ , received over 2,000 responses. As a first step,...
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HIPs - Frequently Asked Questions
Here are some 'frequently asked questions' (FAQs) on Home Information Packs (HIPs). These FAQs are based on information released by the Government on 1 August 2008.
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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...
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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...
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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...
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Phone Masts - The Law and Practice
Although a very recent technological development, the mobile phone is considered a necessity by many people in the UK. However, despite their popularity, the communication masts on which the networks depend have been regarded, since their inception, as...
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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: ...
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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...
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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...
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The Duties of Mortgage Lenders
The instability in the financial markets recently means lenders are taking a tougher stance on lending and repossessions are rising. When mortgage arrears are serious and/or there is a breach of the mortgage covenants, the lender will usually seek an order...
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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...
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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...
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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...
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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...
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James Swede
Senior Partner
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