Author: numan
Stamp duty holiday – What is the rush?
As you are aware, we are in the middle of a pandemic. Life as we know it has changed but here at Versus Law, we are working hard to keep the conveyancing team up and running to get your purchases completed.
Homebuyers who want to take advantage of the stamp duty holiday will need to act quickly as high demand for mortgages and coronavirus restrictions mean that the process which can take some time could be subject to further delays depending on government ruling and other factors related to the home buyer chain. Simply put if you want to take advantage of the stamp duty holiday you need to start the conveyancing process before the end of December 2020.
Rishi Sunak’s stamp duty holiday has seen stamp duty land tax (SDLT), often known simply as stamp duty, cancelled for property purchases up to half a million pounds. You are only eligible to claim for this if your property purchase completes by 31st March 2021. The holiday does not apply to second homes, holiday homes or buy to let properties. The maximum saving if you were to buy a property for £500,000 is £15,000.
See below for our easy to follow table on the tax band changes from 8th July 2020 to 31st March 2021.
NEW STAMP DUTY HOLIDAY RATES TABLE
Property Purchase Price | Stamp Duty Rate |
£0 to £500,000 | 0% |
£501,000 to £925,000 | 5% |
£925,000 to £1.5 million | 10% |
The stamp duty bands will remain otherwise unchanged. So, for the duration of the holiday, there will be no initial stamp duty band. Instead, stamp duty will jump straight to 5% for properties costing from £500,000 to £925,000 and then to 10% for properties up to £1.5 million.
At Versus Law we support the call for an extension to allow more of our customers to benefit from the savings however as there is no guarantee that this will happen now is the time to get in touch and start your journey to purchasing your new home. Click here to use our handy conveyancing calculator for a free no obligation quote and remember the earlier you start the process the better your chances of completing your purchase on time.
How to buy a house – A summary
The timeframe for buying a house normally takes approximately 8 – 12 weeks to complete. This can vary dependant on numerous factors. The process which is followed is detailed below for your information.
The Initial Stages
Once the seller has accepted your offer on a property, you appoint a conveyancer/solicitor to carry out your conveyancing work. Following on from this your solicitor will get in touch with the seller’s solicitor and request a copy of the draft contract and any supporting documents. After going through these documents, they will discuss any concerns with you, their client and then raise any which may arise with the seller’s solicitor.
Legal Checks & Searches
A number of property searches will be carried out by your solicitor to ensure there are no other factors related to the property that you should be aware of:
Land Registry Checks – this check will be carried out to ensure that the person you are buying a property from legally owns the property. This is a legal requirement of sale and the checks cost just a few pounds each.
Local Authority Searches – For these searches your solicitor liaises with the local authority of the property, and the surrounding area. The searches can include investigations into conservation, development and pollution issues which may affect the property or surrounding area. It could also highlight any future developments which could be built nearby which may affect the value of the property over time in either a negative or positive way. These searches can take between 2 – 6 weeks and can vary in price dependant on the number of searches carried out.
Chancel Repair Search – This search is a legal requirement based on medieval church land rights. It examines whether the property has any obligation to pay for local church repairs. The report costs £18 or alternatively you can take out a specialist insurance policy for around £20 against any possible future church claims.
Water Authority Search – The search confirms where the water for the property comes from and whether there are any public drains on the property which could hinder any development plans.
Environmental Search – This report provides information on any environmental factors that might affect the property which might include flood risk, land contamination, local landfill sites, issues with harmful gases and ground stability.
Additional Searches – You may require extra searches that are specific to your property or the location of it, such as Mining Searches for ex-mining areas.
Your Mortgage
It is your responsibility to get your mortgage offer in place (if you are buying a house via a this method) and a mortgage valuation. You will also need to get all necessary house surveys completed before the contracts are exchanged. Whilst you are getting the necessary surveys completed your solicitor will go through your mortgage offer and any survey recommendations and how to go about dealing with that part of the process.
Contracts – Signing, Exchanging & Completion
Once you sign and exchange contracts for buying a property, you are then committed to buying. It is unlikely at this point if you were to change your mind that you would be able to keep your deposit and/ or incur further penalties. On this basis it is essential to ensure that all the necessary work leading up to this stage has been completed adequately. This includes:
Completion of searches and all enquiries, including any further negotiation based on the outcomes;
Making sure you have in writing everything that’s included in the offer (e.g. fixtures and fittings);
Purchasing buildings insurance;
Agreement of exchange and completion date by both parties;
Transferring your deposit to your solicitors account in time for the exchange.
Exchanging
Your solicitor will complete the exchange of contracts on your behalf at the previously agreed date and time. This is usually done over the phone with the buyer’s and seller’s solicitors reading out the contract over the phone to make sure that they are identical. This reading is recorded so that nothing can be under dispute. As soon as the conveyancers have finished doing the contract readings, they will immediately post the contracts to each other.
Completion
After exchange but before completion, your conveyancer will put in an application to transfer the ownership of the property to you with the land registry. At this point the deposit should be in the solicitors account and at the very latest one day before completion. Your mortgage provider should also have provided the money you have borrowed if purchasing through a mortgage into your solicitors’ account.
On the date that you have agreed for completion, the seller’s solicitor will confirm that they have received the full amount due for the property. The seller will then release the keys and you can begin to unpack and enjoy your new home!
After completion, your solicitor will pay stamp duty on the property on your behalf, and notify the freeholder of the change of ownership, if the property is leasehold. They will also send you an invoice for their services. You will receive your legal documents from the land registry, about 20 days after your solicitor put in the application and you will need to send a copy of the deeds to your mortgage company, if you have bought the property with a mortgage.
Help to Buy ISAs explained
The government launched the Help to Buy ISA scheme in late 2015. This provided house-hunters with an advance towards their cash deposit if they met a suitable level of saving.
Here at Versus Law, we frequently aid customers in making the most out of complex legal features by ensuring their loan contracts and paperwork are fit for purpose and precise.
As conveyancing experts, we also provide advice on the best options available to become homeowners, by providing a solution to help customers afford a new home with minimal financial risk.
This is everything you need to know about the Help to Buy ISA scheme:
- What is a Help to Buy ISA?
A Help to Buy ISA is a new type of ISA which is essentially an agreement with the government which provides a return on an individual’s savings with a cash bonus on top of their own input.
When you save up to £200 per month in your Help to Buy ISA account, the government will contribute 25% of everything you save, which works out as a monthly contribution of £50.
If you contribute £1000 when you first open your ISA, you will benefit from a £250 contribution from the government.
- Eligibility for the scheme
This type of ISA is only available to first time buyers who are aged over 16 years old and over.
There is not a certain salary requirement for eligibility. If you are planning on buying your first home and over the age of 16 you can apply for this ISA.
- My partner owns a home. Am I still eligible?
You will still be able to apply for the Help to Buy ISA, with or without your partner. However, they are not eligible for this scheme.
- Is there a limit to the government’s contributions?
Yes. The maximum the government will contribute is £3000. However, to receive this bonus, you would have had to contributed £12,000 yourself.
- What is the minimum I could save to receive any bonus?
The minimum you will have to save to gain the minimum bonus is £1,600. This will in turn earn you £400 from the government.
- How will I receive the government contribution?
The contribution will be calculated and then provided to you in the form of a voucher when you buy your first home. If you then decide you do not want to buy a house, you will not receive the voucher.
- Can I still open a Help to Buy ISA?
Unfortunately, the window to open an ISA was between 1st December 2015 to December 2019. If you didn’t open one during that time, you won’t be able to open one now, as the scheme is no longer being offered to those who didn’t already have a Help to Buy ISA.
- When is my account valid until?
There is no limit to the amount of time you can use your account and pay into it.
- How many ISA’s of this kind can I have?
You are only ever allowed one single account, from one single provider.
How to Write a Will
By writing a will, you have control over where your money, possessions, properties and investments go. Whether it’s to family or charity, writing a will gives you control over these things when you’re no longer around to vocalise your decisions.
It is important to note, that if you and your partner are not married or in a civil partnership, your partner holds no right to inherit your property/ estate if you do not have a will.
How to write a will:
There are 7 steps that go into writing a will.
Step 1: Valuing Your Estate
This is getting a rough idea of what your estate is worth by making a list of all your assets and debts.
This usually includes:
– Any property you own – including your home
– Building society accounts
– Any savings in a bank
– National savings
– Any insurance
– Pension
– Investments in stocks and shares
– Any motor vehicles
– Jewellery
– Antiques
– Personal belongings
– Household contents such as furniture
Debts include:
– Mortgage
– Overdraft in a bank
– Loans
– Credit card loans
– Equity release
Getting your assets valued frequently will allow you to change the will over time.
Step 2: Figure out how to distribute your estate.
In your will, you must be absolutely clear as to how you want to distribute your estate.
Things to consider:
– Who do you want to benefit from your will
– Any specific gifts you want certain people to receive
– What should happen to your estate if your beneficiaries die before you
– Where the rest of your estate will go – property and money left over after the funeral and administrative expenses and other fees
Step 3 – Deciding to make a donation to charity
If you’re intending on making a donation to a specific charity in your will, you must include the charity’s full name, address and registration number. If you include incorrect information, the money may not go to the right charity.
Step 4 – Choosing your executor
The people who organise the distribution of your estate are referred to as executors. This role includes a lot of work and responsibility. For that reason, your executor must be chosen wisely.
Step 5 – Writing your will
There are various ways to go about writing your will. These include:
- Making your own will: a will is considered a legal document. For this reason, it must be written and signed correctly. You must ensure your will is valid otherwise, your estate will be dealt with in accordance to the countries law. Therefore, it is best to seek professional advice before writing your will.
- Charities: there are a few charities that offer free will drafting services. This is to (sometimes) inspire you to make a donation, of course you are under no obligation to do so.
- Lawyers: usually, it is best to consult an experienced solicitor with official legal documents.
Here at Versus Law our expert solicitors in Manchester can help you through every aspect of probate and estate administration, providing you with a tailored service that meticulously allocates your assets to desired parties, whilst ensuring that all requests are efficiently executed.
Step 6 – Sign your will
For your will to be valid, your signature must be on your will. This must be done in front of an independent witness.
Step 7 – Storing your will safely
You must ensure that your will is stored away safely. This may be at the bank, with your solicitor, or safely stored away at home. The executors must know where your will is kept.
It is important to note that you mustn’t attach any paper clips or staples to the will. This is because if the staples or clips leave any marks, it could raise questions about whether parts of the will is missing.
Interested in learning how we can help you to prepare and execute all your will and probate requirements? Get a FREE consultation with one of our solicitors in Manchester by contacting us today on 0161 249 5087 or email us at info@versuslaw.co.uk. If you prefer, you can complete our contact form here.
How first time buyers can get onto the property ladder amid rising house prices
The latest data compiled by the Land Registry has shown that the average house price in the UK is £244,513 and property prices have risen by 1.7% from August 2020 to September 2020. The average annual increase in house price has risen by 4.7%.
For those trying to get onto the property ladder, this surge in house prices can be extremely frustrating. Therefore, here at Versus Law, we’ve decided to put together the different funding options for first time buyers to help you:
1. Help to Buy
Unfortunately, the Help to Buy ISA is no longer open to new applicants. Consequently, unless a first-time buyer already has an ISA open, they will not be able to reap the advantages of the government bonus. The maximum bonus is £3000 and must be claimed by 30th November 2030.
Nevertheless, the Help to Buy Equity Loan scheme is still available. This is only available on a new build property and to those looking to buy their first home. A minimum of a 5% deposit will need to be provided by the buyer, for the government to lend 15%-40% (reliant on the region). This scheme is an interest-free scheme for the first five years and is entirely repayable after 25 years.
The repayment amount is linked to the amount you borrowed. Thus, if you borrow 20% when you come to repay you will be liable for 20% of the market value of the property at that time. This scheme is available until March 2021, at which point it will be replaced by a new scheme.
2. Lifetime ISA
Another ISA is available. This is the Lifetime ISA (LISA). The goal of a LISA is to support 18-39 year olds to save for their first home/ retirement. For every £4000 saved per annum, you will qualify for a 25% bonus, which is paid monthly. If the individual is under the age of 60, the funds must be used towards the purchase of their first property (with a property value cap of £450,000).
3. Springboard mortgage
These types of mortgages have been on offer for quite some time now, however, not many people know about them. This is where the first-time buyer will need to put down a 5% deposit, and a family member puts down an additional 10% which is to be paid into the account of the lender. After three years, the family member will get back their 10% if the first-time buyer has kept up with their mortgage repayments.
4. Getting help from parents
Many first-time buyers benefit from gifts from family to get them onto the property ladder. To most lenders, this is satisfactory, as long as the family member has no interest in the property. A family member could also choose to guarantor a mortgage if the first time buyer does not have sufficient credit.
Gem
I was selling my home which had a complicated title and versus law was recommended to me. Natalie Moylan handled my case from start to finish and I couldn’t ask for anyone better! There were no obstacles that couldn’t be overcome and in a very fast turn around too. The sale completed in no time at all. Natalie was timely, professional and friendly and an absolute pleasure to have on my side. I would strongly recommend Versus law to anyone.
Bonnie
I have used the services of Nicola Nolan at Versus Law twice this year and was instantly put at ease and very impressed with the help received and the outcome achieved. Would recommend without hesitation
Redundancy VS Unfair Dismissal
If you suspect you might have been subjected to an unfair dismissal this guide will help you confirm whether or not you have a case.
What is redundancy?
Redundancy is essentially when your job/ role ceases to exist. It is different to being dismissed for other reasons. If you are made redundant, it is most commonly down to:
- Cutting costs
- Closing down or relocating
- The position you hold is no longer needed
What is considered to be a fair redundancy process?
If the redundancies are necessary, the employer must have a fair and balanced way of determining who will be selected for redundancy.
This is usually based on:
- The standard of work produced by each employee
- Attendance records
- Disciplinary records
- Skills
- Experience
It is obligatory for your employer to:
- Give a satisfactory warning of your possible redundancy
- Discuss with you why you’re being selected
- Consider other possible options to redundancy, including an alternative position
What is unfair dismissal?
If the employer hasn’t followed the redundancy process, your dismissal may have been unfair and you may have a claim for unfair dismissal.
Your employer must converse with you directly in regard to why you have been chosen and discuss alternatives to redundancy. If no discussion has taken place, you may have been unfairly dismissed.
Furthermore, none of the following points should contribute to your redundancy:
- Age
- Race
- Gender
- Religion
- Disability
- Pregnancy
- Sexual orientation
- Being a member of a trade union
- Working part-time or on a fixed-term contract
You may be able to claim unfair dismissal at a tribunal if your employer hasn’t followed the process.
Employers quite often offer settlement agreements to settle a potential unfair dismissal claim so that they do not have to follow the correct procedure. This would mean giving up your rights to make a claim in a tribunal but may mean that you can negotiate a good settlement.
Also, it is extremely important to note that your employer must pay for you to receive independent legal advice on the settlement agreement so that you fully understand what rights you’ll be giving up.
Appealing against an unfair dismissal should go as follows:
Step 1 – Appeal in writing:
If you believe that being made redundant is based on biased grounds, appeal against your employer’s decision. Read through your contract or staff handbook to ensure this is done correctly and watch out for any time limits. In this letter explain why you believe this is an unfair decision and what can be done by your employer to put the situation right. You may also consult an employee representative if you require assistance.
Step 2 – Consult your trade union representative
If you have heard back from your employer and you are unhappy with the response, discuss the matter with your trade union representative, as they may be better at arguing your case on your behalf.
Step 3 – Early conciliation
If you have tried to discuss the matter with your employer, but it has fallen onto deaf ears, and you think you have a strong case, make a claim to an employment tribunal. Prior to this you must inform ACAS. They will try and settle this with your employer through early conciliation. However, neither you nor your employer must agree to this. You must notify ACAS as soon as possible because strict time limits apply for making a claim.
Step 4 – Consider an employment tribunal
You can take your employer to an employment tribunal if you have a strong case and if it hasn’t been settled through an early conciliation.
If you feel that you have a claim for unfair dismissal, you should complete the enquiry form or call us on 0161 249 5087 and we will be happy to discuss your settlement options and/or guide you through the process of making an unfair dismissal claim.
Medical Negligence Claims – Everything you need to know
Medical negligence can happen when receiving medical attention from any healthcare professional. Medical negligence can take many forms including misdiagnosis, mistakes during surgery or the wrong treatment being admitted. When unnecessary suffering is a consequence of negligence then you may be entitled to make a medical negligence claim.
How to make a medical negligence claim:
Here at Versus Law, our skilled and professional team can provide you with support throughout the claim process, whilst providing sensitivity and empathy when times get difficult.
The process of making a claim:
Step 1: Preliminary Questions
Contact us on 0161 249 5087 for a free initial consultation. Our team of experts know the right questions to ask to gather all the information they need so that they may advise you as quickly as possible.
Step 2: Case Acceptance
We will examine your case and contact you promptly with a decision.
Step 3: Medical Records
Once your case is accepted, our team will require your medical records for examination.
Step 4: Medical Confirmation
The medical records will confirm whether or not the treatment that was given was negligent and whether it caused injury or worsening of an existing condition.
Step 5: Negotiation
Once our team have obtained the supporting evidence, a claim can be submitted to the defendant and they will be given the opportunity to accept their error. Our team will then negotiate with the defendant to attain an appropriate award of compensation, which could allow you to get back into a similar situation as you were before the negligence took place.
Step 6: Compensation:
We understand that no amount of compensation can fully repair the damage or reverse the pain and suffering endured. However, the compensation can offer some relief and cover financial aid for the out of pocket expenses, loss of income and any private treatment cost you may have incurred. It may also cover rehabilitation costs and compensation for your injuries.
What compensation may I be eligible for?
Financial compensation granted will vary and is dependent on each case. However, it is usually split into two categories.
General damages compensation
This is usually a reimbursement for any pain and suffering endured due to the negligence. This figure is dependent on the severity of the injury or illness and the degree to which the negligence impacted your life.
Special damages compensation
This is the reimbursement of any out of pocket losses which were a result of the negligent care you received. This compensation also includes any future losses that may occur due to poor health.
This could include:
- Loss of earnings
- Medication costs
- Private treatment
- Rehabilitation costs
- Travel expenses
- Medical equipment
We offer a free initial consultation about any questions you may have about placing a medical negligence claim. Call us today on 0161 249 5087 or email us at info@versuslaw.co.uk.
A comprehensive guide to conveyancing
When buying or selling a house, a conveyancing legal expert is a key part to the process.
Conveyancing can be the most complex part of moving to a new house for homeowners. Here at Versus Law we understand the frustration that can be felt when paperwork stands in the way of you purchasing or selling your home and do our best to make the experience as efficient and professional.
What is conveyancing?
Conveyancing is known as the legal process of transferring ownership of a property from one individual to another. It encompasses the entire body of legal-administrative work undertaken to allow for a house sale or purchase to be legally valid and the work is usually undertaken by a conveyancing solicitor. At Versus Law we deal with both commercial and residential properties.
Can I do the process independently?
It is possible for homeowners to undertake conveyancing themselves. However, this can be extremely complicated and time consuming. It may also lead to errors being made which could open you up to legal issues down the line. As specialists here at Versus Law, we have the expert knowledge that is needed should your transaction become complex. We cover all types of properties such as freehold and leasehold properties as well as other niche types of contracts.
What are the costs of conveyancing?
The cost of conveyancing services vary depending on the property. At Versus Law we have a handy calculator you can use to get a free no obligation quote.
How long should the conveyancing process take?
On average, the process takes between eight and 12 weeks in total. However, this can vary case to case.
Here is a breakdown of how it works:
Phase 1:
- Commence communication with the seller’s solicitor to attain the contract pack
- Conduct a survey by a regulated chartered surveyor
- Have the offer on the property accepted
- After the valuation has taken place liaise with the mortgage lender to approve the mortgage
Phase 2:
- Request and obtain a copy of your mortgage offer
- Carry out local authority searches
Phase 3:
- Examine the contract pack, results of local authority searches and mortgage offer
- Consider likely completion dates and negotiate a date with your seller’s conveyancing provider
Then, you will:
- Communicate with mortgage provider about most suitable completion dates
- Analyse the information, asking any questions about anything you haven’t understood
And finally, you will sign the final contract and return it to us– your solicitors. Once this is signed you are bound to purchase or sell the property.
Phase 4:
- Notify the seller’s solicitor and inform them you wish to advance with the contract exchange
You will then:
- Send off the deposit to your conveyancing provider – us.
Phase 5:
As your conveyancing provider we will:
- Exchange signed contracts with the seller’s conveyancing provider
Send the deposit to the seller’s conveyancer
Exchange to Completion:
Phase 1:
As your conveyancing provider, we will then:
- Arrange the completion statement and send it to you
- Prepare priority searches
- Advise you about arranging building insurance
Phase 2:
Your conveyancing provider will:
- Organise the transfer deed
You will:
- Study, sign and return the transfer deed
Phase 3:
We will then:
- Send the signed transfer deed to the seller’s conveyancing solicitor
- Ask for the finances from your mortgage lender
Phase 4:
As your conveyancing provider we will then:
- Make the payment for the house to the seller’s conveyancer
- Obtain title deeds, handover deeds and proof of any unpaid mortgages you have redeemed
You will then:
- Collect the keys to your new house once given the go ahead by the seller’s solicitor
- Make the move into your new home!
Phase 5:
We will then:
- Provide the stamping office the transfer deed and any applicable stamp duty
- Send documents to HM Land Registry to register your ownership of the property
Phase 6:
As your conveyancing provider we will then:
- Receive title deeds from HM Land Registry and send them to your mortgage lender if they have provided finance, or you if you are a cash buyer
It is important to note that although the process above is what is typically followed sometimes in the case of a complex case delays may occur.
At Versus Law we have numerous 5 star reviews in relation to our conveyancing service and we offer a free initial consultation. Click here to use our handy conveyancing calculator and call us today on 0161 249 5087 or email us at info@versuslaw.co.uk to start your conveyancing journey.