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News

03 September 2021 Residential property

The pandemic has seen record numbers of us undertaking DIY projects or getting tradesmen in to improve our homes. Our enthusiasm shows no sign of abating either, with the waiting list for builders stretching into next year. Ware & Kay agrees this trend is likely to continue. Here we look at some of the issues, and how to ensure your home improvements do not cause problems when you later put your home on the market. Planning permission, do you need it?  Not all alterations require planning permission. Generally, you will only need it if your proposed works constitute development. This has a special meaning under planning rules. It includes structural alterations and the sort of work a builder would ordinarily do. Non-structural work to the interior, like repainting the walls or replacing window frames, does not…
04 August 2021 Residential property

From estate agents offering virtual viewings to the Land Registry working remotely, the accelerated use of technology has helped us move home safely despite the pandemic, but there is no substitute for the personal touch. ‘While many things have moved online, and the Government is planning to digitise more services, having personal contact with your conveyancing solicitor ensures that you have the best of both worlds,’ says Holly Stevens, Head of Residential Property with Ware & Kay who highlights some of the recent developments in the residential property sector and how we can help you with your next home move. Choice of communications Once you have chosen your next home, you will want to get things moving quickly. So, it is important we can discuss your needs and send out the initial documents promptly. The best…
05 July 2021 Residential property

If your home is leasehold, you could soon find it cheaper and easier to extend the term of your lease. This will usually make your property more valuable and, depending on how many years your lease has left, it can also make it easier to remortgage and more marketable when you come to sell. As part of its reform of the leasehold property regime, the Government plans to improve the statutory mechanism for lease extensions. Here Ware & Kay looks at the latest proposals and considers your options if you are a leaseholder. If you purchased a house or an apartment on a leasehold basis then, unlike with a freehold property, you do not own it outright. Instead, you have the right to occupy for a specific number of years (the term) and over time the…
08 June 2021 Residential property

Searching for your next home, car parking may not be top of your list of priorities. A recent survey by Uswitch reveals nearly one in ten of us has knocked on a neighbour’s door to complain about parking. It is not just neighbours who can cause problems. Commuters, school parents, and other visitors, can easily turn a quiet road into a traffic nightmare. Here Holly Stevens, Head of Residential Property with Ware & Kay offers some advice on how to avoid buying a home with a parking problem. Decide how important parking is to you Buying a house, inevitably, involves compromise. However, if parking is important you will need to factor this into your search and decision-making process. For example, do you need parking close by because of a disability, or do you run a business…
06 May 2021 Residential property

Sewers and human waste may not be the first things you think about when looking for a new home, but many rural and semi-rural properties do not have mains drainage and so rely on a septic tank. This can have important legal, practical, and costly implications, particularly since environmental regulations could mean that an old system is now unlawful. Here Holly Stevens, Head of Residential Property with Ware & Kay in York considers the rules relating to septic tanks and why they could be important when buying a home or a holiday property in the countryside. Septic tanks and water quality If you are buying a property without mains drainage, you will want to make sure it has an adequate way of disposing of waste. Nobody wants raw sewage backing up into their new home! However…
31 March 2021 Residential property

According to the Bank of England, the biggest issue for most first-time buyers is insufficient savings.  Last year saw a sharp jump in the average amount of a deposit required to get a mortgage, with some people having to provide a deposit equivalent to a full year’s salary. To help tackle this problem, the Government is introducing a new mortgage guarantee scheme until December 2022. Here we look at the latest proposal and other ways to help you buy your first home even if you only have a small deposit. The 95 per cent mortgage guarantee scheme During the pandemic, lenders have tended to ask for large deposits and 95 per cent mortgages have virtually disappeared. The new mortgage guarantee scheme, announced in the Spring Budget, is designed to encourage lenders to start offering higher loan-to-value…
02 March 2021 Residential property

Online fraud has boomed during the pandemic, with one police force reporting a 400 per cent rise in offences. While your home may not seem like an obvious target, more and more criminals are turning to property transactions because of the large sums of money involved. Here Holly Stevens, Head of Residential Property at Ware & Kay in York gives some advice on how you can avoid becoming a victim. Be aware of the different types of property fraud Research shows people often worry about credit card scams more than conveyancing fraud. This is despite losses from property fraud being much greater in value, with some customers struggling to recover their money. A bank may refuse a refund if it acted on genuine instructions, even if the customer was tricked.    If you are buying or…
03 February 2021 Residential property

According to recent news stories, some owners are struggling to sell their homes because they live in an apartment block with exterior cladding. Coupled with mounting criticism of the leasehold system, you may worry that selling your flat will prove more difficult than you had hoped. Leasehold flats are a long-established feature of this country’s property market.  In most cases, selling your leasehold apartment should not be too different from selling a freehold house, although there may be additional issues to address and the process may take a little longer. Recently, there has been widespread coverage of some of the problems associated with leasehold properties. These have ranged from escalating ground rents to exorbitant service charges. If you have concerns, it is a good idea to talk to your solicitor early on so that she can…
26 January 2021 Residential property

The last 6 years have seen an explosion of new regulation for residential landlords and 2021 looks like it will be no exception. Here are some of the changes ahead that we have identified as being of potential significance for landlords. The ongoing implications of Coronavirus Act 2020 for recovering possession The Coronavirus Act 2020 received Royal Assent on 25 March 2020 and came into force on 26 March 2020. The Act 2020 was passed as an emergency measure in response to the spread of COVID-19. With the aim of protecting residential tenants from eviction, notice periods in relation to possession proceedings for certain residential tenancies have been extended. Notice periods in notices seeking possession of properties let on an assured shorthold tenancy (AST) served under S8 and S21 of the Housing Act 1988 have been…
08 January 2021 Residential property

Preparing and collecting all the information for your first meeting with your conveyancing solicitor, whether that meeting is face-to-face or virtual, will get your transaction off to a good start. Here Holly Stevens, Head of Residential Property with Ware & Kay in York looks at how you can help to get things moving quickly. Prepare ID and source of funds evidence As your solicitor, we cannot start work until we have checked your proof of identity. These ID checks may seem a bit bureaucratic, but they are legally required to comply with anti-money laundering regulations and will help protect you against fraud and identity theft. Requirements vary from firm to firm, so check with us beforehand and make sure you have the relevant documents. Typically, you will need proof of your identity, which can be either…
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