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Beginners Guides, Case Tracker, Contract, conveyancer, Conveyancing, Conveyancing Quote, First Time Buyers, help to buy, leasehold, Leasehold Conveyancing Quote, Probate, Property Market, property searches, sale, searches, signing contracts, Uncategorized, Wills    No Comments

Happy New Year to you! Thinking about the year ahead?

As we step into a New Year, it can be a time of reflection. After
celebrating and spending time with family over Christmas, you might be
thinking about what the future will hold.

Should your New Years Resolution be to get your affairs in order?

Regardless of your age, planning ahead and putting your wishes in place will
provide peace of mind for you and your loved ones. That will certainly lift
those January blues, when the highs of Christmas are over. Creating a Will
or a Power of Attorney may seem like an odd way to shake away the January
blues, but you could be ensuring the future of your loved ones – whatever
your wishes, will be granted.

Could 2018 be the year that you buy your dream home?

Maybe you’ve been thinking of moving house and 2018 might be
the year to take action. Once you find that perfect property, we can
certainly help you with the legal side of things. Our specialist,
Conveyancing team will look after the legal (and sometimes stressful) side
of your move. We work to get things moving for you, whilst you can get on
with packing your boxes and choosing your wallpaper! Our experienced and
award-winning Conveyancing team will manage everything from searches,
deposits and signing contracts, to Exchange and final Completion. Fidler &
Pepper have a dedicated team and we’ll keep you updated 24/7 with our
secure, online case tracker.

Need a helping hand or a chat with one of our team?

If you’d like to get your affairs in order or have plans to buy, sell or
remortgage your property then come and see one of our specialist team.
Alternatively, you can give us a call on 01623 45 11 11 or visit www.fidler.co.uk

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conveyancer, First Time Buyers, help to buy ISA, Property Market, property owner, Uncategorized, Wills    No Comments

Everything to do with moving house is stressful, right? Not necessarily!

Of course, moving is a busy time, and there are so many deadlines and things to organise – Finances, packing, post redirection, schools…the list goes on…

We can’t help with everything, but we can take the weight off your shoulders when it comes to the legal side of moving house.

Let us help you…

Our award-winning Conveyancing teams use the latest technology and their years of experience to sort out the legal side of things as efficiently and smoothly as possible; from searches, deposits and signing contracts, to exchange and final completion. What’s more using our text message alerts and password protected case tracking system, we’ll keep you in the loop 24 hours a day 7 days a week, with access to your whole file online.

We’re really proud that our Conveyancing service has been recognised in both local and national awards. These awards demonstrate our commitment to improving our processes, using technology to provide a quality service and showing that we receive positive client feedback. Check out Matt Slade, Head of our Conveyancing team (pictured above) after winning the LFS Conveyancing Firm of the Year award 2017 – East Midlands region.

We can help with Conveyancing AND getting your affairs in order 

Our teams are second to none when it comes to Conveyancing but you should also know that we have the Wills, Trusts and Probate specialists too. When people move house, they sometimes forget to change their Will and its vitally important you make sure its up to date.

Get a quote in seconds…

We’re forward thinking and progressive but were also a friendly local solicitors, established in the area since 1888.  We like to think we are the best of both worlds and that is why we have won a number of awards, gained some fantastic client feedback and have exciting plans for the future – watch this space!

Take a look at www.fidler.co.uk  or call us on 01623 45 11 11 to get a quote in seconds!

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Barratt Homes, Case Tracker, Change conveyancer, Change solicitor, Contract, conveyancer, Conveyancing, Conveyancing Quote, Do your own conveyancing, First Time Buyers, help to buy, help to buy ISA, House Prices, management companies, Property, Property Market, Property Report, signing contracts, Uncategorized    No Comments

When Would You Need To Pay A Management Company?

Some properties may have extra land surrounding them, such as a shared access, a park or just a simple piece of additional green land, which makes the surrounding area look more attractive. These areas are often maintained by Management Companies and you may be asked to pay a fee to help look after these areas. When you are buying or selling a property we may need to do some extra legal work, there may be some extra fees and delays to get this information in order.

Who Is Responsible?

The question which you may not always consider is who is going to be responsible for the maintenance and upkeep of this extra piece of land? The local authorities are reluctant to carry this out as they are already responsible for the upkeep of most roads and public spaces and therefore developers often outsource this responsibility and the cost to Management Companies.

The cost of the administration of these Companies and the works they have to carry out in order to maintain these extra pieces of land are usually shared between all the owners of the properties who use or benefit from these additional areas of land. This is usually referred to in the deeds of your property as a “rent charge”, “service charge” or an “estate rent” is another term used.

How Do You Find Out If you Have To Pay Extra Charges?

Often these extra charges will not come to light until your Solicitor is sent the deeds to the property, which could be a few weeks into the sale or purchase. The Solicitor acting for you and the Management Company may charge you extra fees for carrying out the additional work involved in the Conveyancing process and also after you’ve completed your sale or purchase. Your Solicitor will be working hard to get the right information from the Management Company as without this it can cause you delays.

Be Informed – Ask Questions And Give Information

If you’re buying – make sure you ask the current owner or the estate agents if there is any communal land which they pay extra fees to a Management Company for. This will then avoid any problems along the way of purchasing a new property.

If you’re selling – give this information to the buyer and estate agents. Also, get in touch with the Management Company as soon as the sale is agreed to pay for the Management Pack, which answers a list of queries your buyer’s Solicitors will need to know in order to avoid any delays.

Get In Touch

We have an experienced and specialist Conveyancing team used to dealing with all of the bit and bobs that happen in the Conveyancing process. We’d be happy to answer any questions you may have. If you’d like a quote for moving house then visit www.fidler.co.uk or call us on 01623 45 11 11.

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Beginners Guides, Buy to let, Case Tracker, Contract, Conveyancing, Conveyancing Quote, First Time Buyers, Landlord, property owner, property searches, Quicker conveyancing, renting, Stamp duty, Stamp duty land tax, Uncategorized    No Comments

this-one-btl-quad

Can you believe it’s been a year since the last round of stamp duty changes? Things have settled down since the initial frenzy of changes and most people know the main rules. But if you’re not sure of the changes, here is a round up of the vital information you need to know before you decide to hop on to the buy-to-let train yourself.

  1. If your spouse owns another property the Inland Revenue treat that as yours too and you are liable for the higher rate even if you don’t have any interest in their house, unless you are divorced or legally separated (for example by a court order).
  2. If you own a property in a different country, you still own a property and this means you are buying the property in the UK as a second property and you are liable for the higher rate.
  3. Companies buying a property are always liable for the higher rate, even if they have never owned a property before. The government makes the assumption this is an investment property.
  4. If you are selling the property you live in and buying a new property to live in (for examples swapping main residences), it doesn’t matter about your buy-to-let portfolio and you will pay the lower rate. But if you are buying a property to live in but not selling one, you must pay the higher rate. You can however sell your old main residence within 3 years and make a claim for a refund from the Inland Revenue.
  5. The higher rate is charged on second properties purchased for more than £40,000.

Get in touch – we’re happy to help

Fidler and Pepper have a dedicated team of Conveyancing specialists who are always happy to help explain the second property stamp duty rules. Simply give us a call on 01623 45 11 11.

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auction hammer
If you are planning to sell a commercial property I suggest that you instruct your solicitor to prepare the auction pack as soon as possible. The more time that buyers have to view all the document then it my opinion it is more likely  that the property will sell. An auction pack will normally include the following:-
1. the title documents- we will get these from the land registry and they show the plan of the property being sold and confirm the name of the owner, if there is a mortgage on such etc. If there is a mortgage a redemption statement will be required to confirm what monies are required to clear the mortgage as the property will need to be sold free of any legal charge;
2. CPSE replies (commercial property standard enquiries) these are a list of questions that provide potential buyers with important information about the property such as boundaries and maintenance,  planning, environmental matters.  The issues that seem to cause the most difficulty for sellers are planning and evidence of planning permission;   VAT and capital allowances. It is important for the buyer to know whether VAT is payable on the purchase price. Further a buyer may be wanting to claim capital allowances and needs information from the seller to assess such.
3. Searches ,  when a property is being placed into auction I would advise the seller to provide as much information as possible to prospective buyers and this includes providing searches. I would also suggest that the seller request that the buyer pays back to them the cost of the searches as part of the auction contract.
4. If the property is subject to tenancies/leases copies of the tenancies/leases will need to be provided and referred to in the contract so that any buyer knows that the property is not being sold with vacant possession,  further details of the rents paid and whether there are any rent arrears will be required.
I have lots of experience in dealing with commercial properties being sold at auction and would be happy to provide you with a fixed fee quote for the work.
Please feel free to call me on 01623 448302 or email me on climb@fidler.co.uk
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Commercial, commercial property, Property, purchase, Uncategorized    No Comments

development land

When we are acting for developers who are purchasing a piece of land quite often mines and minerals will have been excepted.

If the mines and minerals are excepted this means that someone else has the rights to mines and minerals in, on or under the land. The risk to the developer is that the owner of the reservation of mines and minerals may allege that the foundations of any development may amount to trespass.

If you identify that the land if subject to any such reservations then the first step is to get as much information as possible about the reservation top see how they affect your planned use, such as at what depth of the mines and minerals that are reserved.

If land that you are planning to develop has rights to mines and minerals reserved then there are a number of ways to address the matter:-

1. obtain indemnity insurance, the indemnity insurance will not remove the reservation but it would mean that if a claim is made for trespass and /or access for works then a claim for losses can be made under the policy;

2. that you contact the minerals owner to ask whether they would be minded to sell their rights. Any approach to the owner of the mines and minerals should be considered seriously beforehand as once you make contact with the owner you will be prevented from obtaining indemnity insurance.

If you are a developer and have a question on mines and minerals then please do not hesitate to make contact with Christie Limb on 01623 663244.

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commercial property, Commercial property sale, Tenancy Deposits, Uncategorized    No Comments

 

 

The first step is that you will need to check that the lease can be passed to another third party. Look at the terms  the lease for the assignment of lease clause. Most leases allow for the assignment of the whole, very few allow for the assignment of part of the property.

The assignment clause will generally require that the landlord’s consent to the assignment is obtained. The landlord and you, as the outgoing tenant, will want to ensure that the tenant coming in is off suitable financial standing to pay rents etc. The landlord may put conditions on the licence to assign including:-

1. that you as the tenant passing the lease on, enters into what is called an AGA ( Authorised Guarantee Agreement). This in basic terms is an agreement in which you as the tenant passing the lease on, guarantees that the incoming tenant will comply with the terms of the lease;
2. the landlord will ask that you pay his fees and his surveyor’s fees for  the licence to assign;
3. the landlord if he is not completely satisfied that the incoming tenant is of suitable financial standing may request that the incoming tenant pays a rent deposit.

When you are looking to pass the lease onto a new tenant it is important that you take legal advice at an early stage. I have lots of experience in such matters and would be happy to assist with any questions you may have and if you decide to instruct would provide you with a fixed fee quote for the work.

Christie Limb

climb@fidler.co.uk

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flat block

 

When you take a leasehold property there will be a requirement that you pay a service charge.

A service charge is a payment you will be required to make to the landlord for services the landlord provides such as insuring the building and common parts, maintenance and repairs of the property, landscaping of communal gardens, heating and lighting in common areas. The landlord will quite often employ a managing agent to provide the services and if so the managing agent’s fees will also become part of the service charge.

The service charge amount changes from year to year. Each lease will detail what proportion of the service charge is payable by the owner of that leasehold part.

The service charge payments are generally made in advance and at the end of the year any shortfall has to be made up by the tenants.

When you are buying a leasehold property it is important that you have sight of the previous service charge accounts and that you find out of there is any planned large expenditure in over the following years as this could result in the service charge increasing.

Leasehold property is very different to freehold property and this is why at Fidler and Pepper we have a specialist team that deal with leasehold property only. If you are thinking of buying a leasehold property that please contact us for a fixed fee quote for the transaction.

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A website can be a massive weapon for a business.  It can be a huge outlet for sales and an  important marketing tool.   It is vital that terms and conditions are clearly displayed on your nice shiny website to set out the rules for use of the site .  We hope for  the sake of your business that the website terms and conditions are the dullest page on your site, but they could easily be the most important!

internet pic

 

Why do I need website terms and conditions?

Any business with an online presence – even those which are not actually selling goods or services on their website – must include certain details on their website in order to abide by e-commerce laws and regulations, such as full company details, VAT registration number etc. Website terms and conditions are the best place to include this information to ensure that the internet presence of your business is legally compliant.

What should website Ts and C’s cover

The precise content of your website terms and conditions will depend upon the nature of your business and how much e-commerce that you do.  However, below are a few of the main themes that need to be reflected in your website terms and conditions regardless of what your business does.

Limiting liability

Your website terms and conditions need to  limit your liability in cases where there are errors in your web content. There needs to be a clause stating that your business cannot be held responsible for any errors in content.  If your website has any links to others then any disclaimer should cover the content on these third party websites as well.  In addition, if you allow visitors to post content to your website, you’ll need to add a clause that limits your liability from any of their offensive postings. There should be a disclaimer that your business doesn’t endorse and is not responsible for statements made by third parties.

Privacy Policy

If you are collecting any information from your customers (such as email addresses or credit card information), you need to have a privacy policy outlining how this information will be used or not used. It is a legal requirement to have a privacy policy

Copyright:

Regardless of what your website does, you should always include a notice about copyright and trademark to protect the content of your website and Company logos etc.  Your terms of use should clearly state how customers are allowed to use your website and its contents such as information, photos, videos.

Governing law:

Your Terms and Conditions should also mention where your website is operating from in terms of the governing law to ensure that any dispute over its terms are dealt with under English law rather than elsewhere.

We can help

For advice on website terms and conditions or on any legal documentation relating to your business, contact a member of our Business and Commercial team on 01623 663246.  We offer fixed fees for legal services to businesses- see our Business Fixed Fee Menu for more details.

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leasehold, Leasehold Conveyancing Quote, Uncategorized    No Comments

flat

 

When we act on the sale of a leasehold property one of issue we often come up against a is the management pack. With a leasehold property the owner of the property owns the building but not the land and this is retained by the landlord otherwise known as the freeholder. The freeholder will have control over the common areas such as landings stairs gardens etc, these are generally managed be a management company who then charge the flat owners a charge known as a service charge. . When the property is being sold the seller will be requested by the buyer to provide a management pack and this will detail the service charge for the property, what services are provided, what anticipated service charges are for the future etc.

The problem we have is that the management company can charge varying sums for such packs and quite often the seller has not allowed for this is the sale fees.  We are not able to tell the seller at the outset what the cost of the management pack will be until the management company have informed us and most management companies charge different amounts.  the other issue with the management pack is that it can take time to come through.

At Fidler and pepper we have a dedicated team that deal with leasehold property and will try and obtain the management oack for you right at the outset to avoid delays.

If you are planning to sell a leasehold property then please contact Maddie Sault our specialist leasehold fee eraner and she would be more than happy to provide you with a fixed fee quote for the work.

 

 

 

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