Category Archives: Legal

Tenants behaving badly insurer warns

The nation’s landlords are leaving themselves exposed to the country’s worst tenants by failing to carry out basic checks, insurer AXA has warned.

With the rental market’s peak season about to start, AXA reveals just how many of the UK’s estimated 8.3 million tenants are behaving badly and how poorly protected landlords really are when the worst happens. Continue reading

Two thirds of landlord notices are incorrect

A new study by ‘landlords champion’ Landlord Action of the last 200 instructions received from landlords and letting agents that have served their own legal notices on tenants (Section 8 and Section 21) has revealed that 62% of these notices were deemed incorrect, which meant they were invalid or posed a greater risk of being thrown out at court; resulting in the need for new notices to be served.

Some landlords choose to serve notices themselves as a cost saving exercise, but Managing Director, Paul Shamplina, warns mistakes in eviction notices are among the most common reasons for delays and increased costs when a landlord tries to recover possession from a tenant who has an Assured Shorthold Tenancy (AST). Continue reading

Merry Christmas and Happy New Year to all our readers

Thanks to you, Propertytalk Live! has enjoyed another hugely successful year and seen exceptional growth in the number of people visiting the site.

And that’s not all – the number following us on Twitter alone has soared past 21,000 which we think is phenomenal. Continue reading

25% of home deals fall through due to poor communication

Over the last five years, consumers  believe that almost a quarter (23%) of all home purchases or sales have fallen through due to delays caused by poor communication between lawyers lenders and estate agents, according to a survey by OnePoll, commissioned by the Conveyancing Association.

The results show that, for over half (52%) of those who have bought or sold a house since 2008, the transaction took longer than expected, with just under half (48%) saying the process involved unforeseen delays. Continue reading

Long leases bill passes final hurdle in Scotland

The Bill formed part of a programme of property law reform put forward by the Scottish Law Commission. This included the ending of feudal tenure in 2004 through the Abolition of Feudal Tenure etc (Scotland) Act 2000.
 
The Bill:

- Converts ultra-long leases to ownership
– Protects landlords’ rights by providing for compensatory and additional payments.
– Moves away from an unnecessarily complex form of land tenure
 
Environment Minister Stewart Stevenson said:
 
"This Bill will simplify Scotland’s land tenure system. Ultra-long leases are so long that the tenant is, in effect, the owner in all but name. Clarifying the Continue reading

Law Society’s home-buying quality mark gets CML support

The Council of Mortgage Lenders hopes the CQS will create a trusted conveyancing community that will deter fraud, recognise high-quality services for home-buyers and lenders, and deliver a robust assessment and monitoring procedure for the solicitors’ firms that are admitted.

The lender body supports a CQS that represents a credible means of driving up standards among conveyancers, and improving lender and consumer confidence.

Once the CQS achieves the Law Society’s goal of providing a "confidence boost" for the lender market, the CML expects the CQS to become a prerequisite for membership of lenders’ conveyancing panels.

Michael Coogan, director general of CML, said: "The CML Continue reading

Law Society kitemark to help homebuyers and sellers

The CQS is a quality standard which will be awarded to a solicitors’ firms in recognition of their high standards of service and advice.

Launching the new scheme, Law Society President Linda Lee said high quality conveyancing practices have never had the opportunity to be recognised for the work that they do. 

"The CQS will give homebuyers an instantly recognisable ‘kitemark’ highlighting a firm’s professional excellence and their commitment to providing a high quality service.  

"The accreditation will allow consumers to identify quality conveyancing practices in a crowded and sometimes confusing market.

"The traditional values and legal skill of solicitors coupled with their professional integrity Continue reading

UK home movers confused over conveyancing

This rises to 57% of those who were currently renting and half (51%) of adults living with parents.

Surprisingly, this also accounts for a quarter (23%) of homeowners who have actually been through the process.

A quarter of all respondents wrongly believed that a surveyor could carry out the process instead of a conveyancing solicitor and one in five (19%) believed it could be done by an estate agent.

Most of the confusion appears to lie between the concept of surveys and searches.

While 60% correctly answered that it was the conveyancing solicitor’s role to carry Continue reading

Homeowners must follow the law on squatters – Law Society

A significant number of people in the UK live in otherwise empty buildings and many argue this an example of sustainable living and a solution to the problems of homelessness and vacant properties. A squatter is not committing a criminal offence by being in another person’s property without their permission. However they are subject to criminal charges if they commit offences such as damage or theft to or in that property. 

If an owner attempts to use force in order to remove the squatters, they could be accused of a criminal act under the Protection from Eviction Act 1977. Continue reading