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Category Archives: Property Disputes

Protesters against wind farms in Swanage

When it comes to factors property buyers would rather not have to deal with when purchasing a home, those most likely to have the comprehensive list are estate agents and conveyancing lawyers.

Brighton, for example, might be set to have a wind farm built off its shores by E.ON, and this might pose problems for people who want an unspoilt view of the sea.

Further down the coast, protesters recently gathered to air their views on the Swanage EDF and Eneco wind farm plans – which they feel will harm their tourist industry and bird migration routes.

As well as these types of environmental and economic issues, individuals against the building of wind farms often state ruined landscapes as one of their main concerns.

Not only might they see the arrival of wind turbines as a blot on the landscape, but they could also be concerned that the value of their home will be reduced.

The phrase ‘location, location, location’ is well-known, and faced with two practically identical homes, one of which has a wind farm within view of the lounge and the other which has rolling hills – most would probably choose the home without turbines.

Still, whether a property buyer is for or against the construction of wind farms, if they find their ideal property and would like help from a qualified professional regarding the transferral of ownership, they should contact a house purchase solicitor, like those at Healys.

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Bournemouth beach hut becomes most expensive in the UK

It is widely known that buyers hoping to seek the help of a property sales solicitor in London face the most expensive house prices in the UK, however, many people may be shocked to find out how much a South Coast beach hut sold for after just two days on the market.

The Bournemouth property has become the most expensive beach hut in the UK after selling for £170,000. The hut boasts a fully fitted kitchen, sleeping accommodation, running water and solar panels for electricity, although there is no toilet inside.

Andy Denison, of Denisons estate agents who sold the beach hut, said, “The location is what got the interest. This one offers views of the harbour from one side and there are views of the sea.”

Mr Denison added, “I’ve got a list of people who want to buy these huts, I’ve got people who are disappointed that they missed out on this one. There are people who wait years for the one they want to come up for sale.”

It has been reported that similar properties are on the market for prices between £130,000 and £145,000, meaning that potential buyers still have the opportunity to enlist the help of a conveyancing solicitor to buy their own beach hut.

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Over one million young people to be priced out of property market

New reports have revealed that the rental market is likely to become flooded with young professionals who are unable to afford a home of their own.

A charity has released a report suggesting that 1.5 million more 18-to-30-year-olds will be priced out of the residential conveyancing process over the next eight years. It is also thought that an extra 500,000 young people will have to remain living with their parents into their early 30s.

The Joseph Rowntree Foundation has expressed concerns that many young people, mainly from less well off families, are at risk unless action is taken to improve the rental market and build more homes.

David Clapham, the report’s lead author said, “Young people are at a double disadvantage: it takes longer to raise enough for a deposit and their wages are generally lower.

“But there are simply not enough homes and those we do have cost too much to rent or buy.

“While more housing would help address this, it may not come quick enough for young people forced into renting in eight years’ time.”

The Foundation has suggested that more landlords should be offered financial incentives through the tax system so that they can offer cheaper rents to young tenants.

If you are in the process of buying a property, a property conveyancing solicitor from Healys can offer you competitively-priced and expert advice.

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Brighton most popular area outside London for young professionals to live

A new report has revealed that many young professionals are eager to find a house sales solicitor in Brighton to help them buy a home, as Brighton and Hove is the most popular area outside of London for this group to live.

According to research conducted by Lloyds TSB, which used Land Registry figures, Brighton and Hove had the most property sales amongst professionals aged between 25 and 44 from February 2011 to February 2012 out of any other town in the UK, excluding the capital.

Housing economist at Lloyds TSB said, “The typical profile of young professionals is that they tend to have university qualifications, are in well-paid occupations and like to take full advantage of living in or close to the city, either for work or leisure purposes.

“Our analysis certainly suggests this to be the case with Brighton as the leading hot spot for young aspiring urbanites.”

Andy Garth, former president of the Brighton and Hove Estate Agents Association, has stated that the survey has proved the area has all the qualities young professionals are seeking when they choose to begin the residential conveyancing process.

Mr Garth said, “It’s great news for the city. Brighton and Hove is a great place to live. It always has been and it always will be. We have the sea, the nightlife and the weather – and we are cheaper than the capital.”

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Healys represents Hove homeowner in Squatter eviction

Healys’ Daniela Catuara acted on behalf of a homeowner in evicting squatters occupying her mother’s old family home. Despite contracting a security company to secure the property squatters managed to enter and occupy the property on the eve of the anniversary of Ms Cockin’s mother’s death. As the police could not assist, an application was made to court for an Interim Possession Order (IPO). District Judge Pollard, sitting at Brighton County Court, on 14 June 2011 granted the Interim Possession Order giving the squatters 24 hours (from service of the IPO) to leave or face criminal sanctions. It is understood that the squatters, vacated the property the following day on 15 June 2011. The hearing of the final possession took place on 22 June 2011 when a Final Order was made.

The case was covered by The Argus and Meridian News and attracted attention due to the current debates and talk of reform concerning the law in this area. Local Hove MP Mike Weatherley has been campaigning for squatting to become criminalised as it is in Scotland and where it has been since 1865.

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Top tips for landlords to avoid tenant disputes

Daniela Catuara, of the dispute resolution team, offers ten tips to help landlords avoid disagreement with tenants when a tenancy comes to an end.

  1. Have a written, signed and witnessed tenancy agreement.
  2. When taking a deposit make sure it is protected within 14 days with one of the authorised deposit protection schemes such as My Deposits, The Deposit Protection Service or the TDS.
  3. Instruct an independent company to carry out a check-in inspection and inventory and take dated photographic evidence of the condition of the property at the start of the tenancy. Where possible make sure the tenant is present and ask them to sign the inventory / check-in report.
  4. Write to the tenant near the end of the tenancy to remind them of their obligations under the Tenancy Agreement.
  5. Open communications can prevent potential disputes so liaise with the tenant to discuss whether any money will be claimed from the deposit for breach of any of the tenancy agreement terms.
  6. Where appropriate, invoices, receipts, estimates and/or quotes should all be obtained and retained in relation to the cost of repair / replacement work being carried out.
  7. Where landlords wish to make deductions for cleaning costs they will need to ensure the cleanliness of the property at the start and end of the tenancy was sufficiently recorded and detailed in the check-in and out reports. These charges do need to be reasonable and proportionate therefore if ‘standard charges’ are to be applied then it would be best to include such a provision in the tenancy agreement setting out what they are as this will be signed by the tenant.
  8. Remember that the tenant is only obliged to return the property in the same state of cleanliness  as the start of the tenancy, after allowing for fair wear and tear.
  9. Rent account statements / bank statements should be retained by the landlord evidencing rental payments made by the tenant to evidence any rent arrears.
  10. If all else fails and an agreement as to the amount to be retained by the landlord from the deposit cannoy be met the adjudication procedures set out under the deposit scheme should be followed.

By following these tips landlord and tenant disputes can hopefully be avoided and the final transition of tenancy will be as smooth and hassle-free as possible.

May 2011

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