Emyr Pierce

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You are here: Home / Archives for Cardiff conveyancing solicitor

Aug 10

Cut in Interest Rates

Interest rates cut after brexit

The Bank of England has cut the benchmark base rate from 0.5% to 0.25% after more than seven years of no change. This is clearly a direct attempt to boost the UK economy in the wake of the ‘Brexit’ vote on 24 June.

There is no question that the immediate effect of the referendum vote has had a dramatic impact on the financial markets and the Bank of England is clearly stepping in now, rather than next month as was originally anticipated, to make this cut.

This is usually an indication that the value of the British Pound, share prices and decision making on the part of potential house purchasers have all taken a substantial hit over the past few weeks.

We have found that particularly in the South East of England buyers have withdrawn from on-going transactions concerned that the fall in the value of the Pound and the adverse impact on financial markets could result in a fall in house prices. With house prices raging ever upwards in London and the South East in particular any drop in prices will have a substantial impact in those areas.

Arguably in Wales, the impact should be somewhat smaller but this does not detract from a general nervousness on the part of purchasers who clearly do not want to pay over the odds for properties which in 12 months’ time could be worth substantially less.

Information coming through indicates that the construction industry have identified a sharp slowdown in production recording its worst month in seven years for June 2016.

What effect of the Brexit vote have we seen locally?

The reality is very little, but the signs are that the nervousness and the inevitable impact by way of falling house prices, will make mortgage companies more cautious, valuers will be cautious when valuing properties for mortgage purposes and potential buyers will be extra cautious in their pursuit of new properties.

One major effect of a reduction in price of property will be the hit to investors who have increasingly been investing in the property market rather than savings due to low interest rates. This further reduction in interest rates will put greater pressure on investors to look elsewhere for a reasonable return on their money resulting in purchasers being available in the market place but unwilling to offer the prices currently being asked, leading sadly to the inevitable fall in house prices which has now been forecast for the coming 12 months.
On the other hand, the news is not all bad as the cost of mortgages will fall for the time being.

Whilst a number of first time buyers have fixed rate products and therefore will not benefit from a further reduction in interest rates, those who have tracker mortgages will gain as the interest rate on their product follow the movements in the Bank Base Rate. Those borrowers looking for new mortgages may find that the fixed rate products offered by the financial institutions will also become more competitive as lower fixed rates may be offered, but again this will depend entirely on the confidence that the banks and building societies may have with regard to future interest rates.

The uncertainty following the ‘Brexit’ vote may well result in the banks and building societies electing to err on the cautious as ever and not pass on the reduction in the Bank Base Rate to new borrowers as they fear that such a short-term incentive on the part of the Bank of England may not prove successful in the long term with interest rates having to rise should the country face greater financial hardship as a result of the vote.

Have a question? Contact the Cardiff conveyancing team >

Post in: Blog, News, Property Doctor

Jun 12

Do I need Planning Permission for my boat?

I am considering buying a boat, but the only place I can keep it during the winter months is in the front garden in full view of the neighbours.  Will I need Planning Permission for this?

The first thing you need to establish is whether your property is subject to any restrictive covenant preventing you from placing or storing a boat on your property.  Many properties are subject to covenants or restrictions preventing the storing of anything other than domestic vehicles on their properties.

Planning Permission is not mandatory in such circumstances, but you will be well advised to check with the local authority planning department first in order to ensure there is no objection. If you can fence around the area where the boat will be stored then this very often helps in appeasing the neighbours, who can see that you are making efforts to consider them by screening what many may regard as an eyesore.

As with all potential planning related issues it would be courteous to discuss this with your neighbours to establish that they have no objection to your storing the boat on your property. Even if there was a restriction on the title preventing you from doing so, it is less likely to be enforced if you have the support and backing of your neighbours.  After all, breaches of covenant are often raised directly as a result of objections received from neighbours who are often subject to similar restrictions.

Post in: News

Jun 12

Do I still have to pay my rent after I’ve moved out?

In my Tenancy Agreement there is a clause stating that if I wish to terminate the agreement and move out, I will still have to pay my landlord until a new tenant is found. Is this lawful?

All residential short-term Tenancy Agreements granted for a fixed term of at least six months, but not exceeding 12 months, are deemed to be Assured Shorthold Tenancies. These fixed term tenancies ensure that both the landlord and tenant are committing to a fixed period of a minimum of six months and a maximum of 12 months.

Should you wish to terminate this agreement before the end of the fixed term you may well have to pay your landlord rent for the balance of the agreed contractual term of the Tenancy Agreement unless your landlord can find an alternative tenant to take the premises within that period, in which case the landlord may, but is not obliged to, release you from the terms of your Tenancy Agreement before the end of the fixed term.

If you continue to occupy beyond the fixed term period specified in the Agreement then the Agreement can be terminated by either party giving the other notice to terminate as specified in the Agreement. Provided these notice periods are adhered to then you will be free to leave. Any Tenancy Agreement containing such a term stating that you are obliged to continue to pay rent until an alternative tenant is found for the property is not only unusual, but would probably be unenforceable and considered to be an Unfair Contract Term in so far as it relate to a period beyond the fixed term of the tenancy. The position should be easily clarified by talking to your solicitor.

Post in: News

Jun 2

Can we withdraw our offer?

My partner and I have made an offer on a house which has been accepted and we would due to exchange contracts next week. She has now said it is too soon for us to live together but I can’t afford to buy on my own.  Can we walk away from this, or is it too late?

Fortunately, it is not too late as you may withdraw from any transaction prior to contracts being unconditionally exchanged. Despite your being virtually on the point of exchanging contracts, it is possible for either party to withdraw from the transaction. You are, therefore, free to withdraw without any obligation to indemnify the seller for any of his abortive costs or for  any inconvenience caused.

A late withdrawal like this often infuriates the innocent party as they have no recourse to make any claim for the recovery of their abortive costs. All you can do is apologise to the seller for your late withdrawal, which is due to a change in your personal circumstances which are clearly beyond your control.

Post in: News

Jun 2

How do I find the owner of the wasteland that I want to buy?

There is a small plot of wasteland at the side of my house which I would like to buy to extend my plot.  I have asked around but no-one seems to know who owns it.  How do I find out who the owner is?

This is a very common problem.  While the majority of land throughout England and Wales continues to become registered land with details registered at HM Land Registry, numerous pieces and parcels of land (many where ownership simply is not known) remain unregistered.

With unknown parcels of waste land it is often difficult to identify the actual owner. You can make enquiries either direct through your solicitor or direct to the Land Registry to establish whether the land is registered. If it is, then identifying the owner is a relatively simple process as you simply obtain a copy of the title which will identify the name and address of the proprietor. If the search shows the land is unregistered, then it is very difficult to establish who the true owner is, particularly if enquiries in the immediate locality prove unsuccessful.

You are, therefore, left with the prospect of having to take steps to claim the land as yours. This will involve initially ensuring that the land is enclosed within your own property in order that you may show that you have enjoyed uninterrupted occupation of the land. You will need to swear a Statutory Declaration evidencing the period during which the land has been occupied solely by you without any interruption or claim from the rightful owner. You can apply to the Land Registry for Possessory Title to the land based on appropriate evidence in support.

If, however, at some time in the future the true owner lays claim to the land then the Land Registration Act 2003 makes it easier for the lawful owner to do so upon production of proof of title – despite the fact that you may have occupied the land for the previous 10 years or so.

Post in: News

May 27

How do I remove my ex-wife from my house deeds?

My wife and I have divorced and finally reached a financial settlement which includes me paying her off a share of our home.  How do I remove her name from the house deeds?

If as a result of the financial settlement you have remortgaged the property to help raise the money to pay your ex-wife her share of the home, then the position is relatively simple, as during the process of remortgaging, the property will be transferred from your joint names into your sole name.

The former joint mortgage will be repaid out of your new mortgage funds and the property ending up in your sole name with your ex-wife being released from her obligations under the existing mortgage.

It is essential that if you are paying, in addition to repayment of your joint mortgage, an additional capital sum to your ex-wife, that the consideration shown in the Transfer into your sole name is the total of the capital amount payable to your ex-wife plus her one half share of the existing mortgage debt, which you are, effectively, absorbing. However, if there is no additional capital payment to be made and you are simply absorbing the existing joint mortgage, then this could be dealt with by way of a Transfer of Equity into your sole name.

Post in: News

May 27

Where are the deeds to my house?

I bought a house about 10 years ago and I have been having a bit of a clear out of all my documents and I cannot find any deeds to the house.  In fact, I don’t ever remember seeing any?

The Title to your property is likely to be registered at HM Land Registry. The Registry no longer issues formal documents as the information is kept on an electronic register with each property having its own Title Number. Following completion, therefore, owners are now issued with a Title Information Document – a snap-shot of the electronic register at the precise time on which the electronic copy is printed. This is effectively the main Title Document.

If there are mortgages registered against the Title, or documents affecting the Title which contain covenants, or restrictions, then copies of these documents are often retained at the Land Registry and their existence mentioned on the register. If you have a mortgage on the property the lenders only now retain the Title Information Document and the original Mortgage Document leaving you to retain possession of all pre-registration Deeds and Documents and other guarantees and documents relating to the property.

Your solicitor will have returned the Title Information Document and Mortgage Deed to the lender and may well have retained the balance of these other documents, either on file, or in safe custody, at their offices. Alternatively, the solicitors will have sent the balance of these documents to you to keep, and it is imperative you know where these are as the guarantees, planning permissions etc will need to be handed over in the event of resale.  If they have been mislaid or their whereabouts unknown then you will have to pay for copies or duplicates.

Post in: News

May 19

Could another buyer beat me to it?

I have had an offer accepted on a house that I really want to buy.  However, does this mean that it is mine subject to contracts being exchanged, or could another buyer still beat me to it?

Either party can withdraw from a transaction up to the point of formal exchange of contracts which only takes place once the buyer’s solicitor is satisfied with the results of searches, their inquiries on title and the buyer has received a satisfactory mortgage offer. Proceeding before any of these issues have been satisfied represents a substantial risk and isn’t possible in any event if a mortgage is involved as the lender will insist on all of these preliminary matters being satisfactory.

Accordingly, either party can withdraw at any time between the date an offer is made and the date when contracts are exchanged. This enables a buyer to withdraw should the result of his enquiries or survey be unsatisfactory or he fails to secure satisfactory mortgage finance, while the seller can also withdraw should he receive a higher offer. This will very often be a question of morals and integrity on the part of the seller.

Post in: News

May 19

Does my friend’s ex-husband have any claim on her property?

My friend’s husband walked out on her several months ago to live with someone else.  Their home is in her sole name as she paid the mortgage, but can he have any claim on the property?  They were married for six years.

Your friend’s husband will have an interest in the property as a result of the property being regarded as joint property of the marriage – regardless of the fact that it previously belonged to the wife. Your friend’s matrimonial lawyer will advise as to what, if any, interest the husband could claim in the property and this will involve a number of criteria such as contributions to the marriage, length of marriage and other personal circumstances – including to what extent the husband was dependent, if at all, on the wife.

This is predominantly a matrimonial issue and will require specialist matrimonial advice which your friend will need to obtain in order to agree a financial settlement with her former husband which will include any interest in the former matrimonial home.

Post in: News

May 12

Should I become my neighbour’s Attorney?

I have been helping an elderly neighbour with his property/financial affairs over the last few years and he now wants to appoint me as his Attorney in a Lasting Power of Attorney. Should I let his relatives know what is being proposed?

It is a specific requirement when granting a Lasting Power of Attorney that the document is registered with the Office of the Public Guardian and it is a further specific requirement that the Donor nominates a “person to be told” who is notified of the Donor’s intention to register the Lasting Power of Attorney in your favour.

This person should ideally be the Donor’s next of kin or someone who knows the Donor well and would be likely to object to the registration of the LPA if they felt that the appointment of the Attorney was, for whatever reason, inappropriate. This enables the “person to be told” the opportunity to lodge an objection to the registration of the LPA within five weeks of such notification.

It is not, therefore, necessary for the next of kin to be notified as it will depend on whom the Donor chooses to notify by way of his selected “people to be told”. It is always advisable to keep relatives informed of such proposals, particularly if you are not a member of the family, in order to avoid any misplaced allegations regarding your motives.

Post in: News

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