From the category archives:

Midlands & Heart of England

 

ENSURING SWEET MEMORIES OF THE STAMP DUTY HOLIDAY
With less than two months to go until the temporary stamp duty exemption for first time buyers comes to an end, many looking to make that first move will be wondering how it will impact on them.

Here, Carole Fox, head of residential property at East Midlands law firm Rothera Dowson, explains the change and highlights why moving fast will save thousands.

First time buyers have been enjoying a stamp duty holiday for just under two years now. However, that is all set to come to an end on 24 March. This is the last day that the suspension on stamp duty will be valid for those venturing onto the property ladder for the first time and buying a property priced between £125,000 and £250,000.

After that date, normal proceedings will resume and properties in that price band will once again be subject to a 1% charge, payable to HMRC. 1% may not seem like a particularly large figure but for many, every penny really does count at the moment, and the sense of urgency to beat the deadline is fully understandable.

Many hoped that the exemption would be extended beyond March as it has played a part in helping to get the property market moving again, albeit slowly. However, the Chancellor ruled out an extension back in November. So, with the holiday most definitely coming to an end, first time buyers need to be clear on what they need to do in order to make a saving.

One of the main causes of confusion is exactly what stage of the buying process you need to be at by 24 March to avoid paying stamp duty. This is something that I’ve received countless enquiries about in the past few months. The answer is simple – you must have completed by this date. Some people seem to be under the impression that by simply exchanging contracts, you will have done all you need to do. Sadly that is not the case and people really do need to act now to ensure that the required completion is achieved.

Is it an impossible task to have reached that stage by 24 March? Well, it may be cutting it fine, but I believe that having the correct team in place is crucial. A proactive solicitor, a dynamic and hungry estate agent and a prompt mortgage adviser are all vital. A bit of chasing on the part of the buyer may also be needed to ensure that everyone is working to speed and working together.

Although the property market is unpredictable, first time buyers usually have the benefit of being in a pretty short chain, which we all know can be a blessing. With this in mind, I would expect those people that are proactive and seek out the right advisors to be the ones settling in to their new homes, having avoided the dreaded stamp duty, by the time the deadline passes.

For further residential property legal advice from Rothera Dowson, visit www.rotheradowson.co.uk or call 0800 124 4012.

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Paula Cunningham - Director - Living Property

The government have announced today that it will not be extending the stamp duty holiday that it put in place in 2010 and extending until 24th March 2012.

 

This means that property buyers will be faced with an additional cost of up to £250,000 if they complete their purchase after the 24th March 2012. After this date entry level stamp duty will return, meaning 1% tax on a purchase between £125,000 and £250,000.

 

Those thinking of buying on investing in property in 2012 may consider bring their plans forward to beat the tax deadline date, but beware if you don’t find in early January you are unlikely to see the deal complete before the deadline as sales are reportedly taking an average now of 92 days.

 

Paula Cunningham – Director

Living Property Waveney Lettings & Management

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What’s in store for 2012? – The year of the great divide.  Core?  Cor Blimey!

There seems little doubt that 2012 will be a challenging and potentially irrational property market. With confidence badly shaken by recent economic news and ongoing Euro crises, coupled with pressure on household finances and job security concerns, it is no wonder buyers and seller are nervous and trading stifled.  Traditionally the property market cycle has been seasonally led, but it has become and will continue to be determined more directly by economic peaks and troughs. 

Despite headlines fuelled by reports on escalating economic crises which are de-stabilising the whole economy, the UK property market historically has proved time and again that it has a strong propensity to bounce back: there will always be an underlying demand to trade in property as people outgrow their homes and need to upsize or downsize, or move with their jobs.  Mark Wiggin of National Agent Strutt & Parker’s Shrewsbury office comments: ‘We will see less of the “ambivalent seller” (last year 30% of the market was made up of these sellers) who is likely to disappear but an increase in those that actually have to sell.’ Wiggin predicts transaction numbers for the majority of Strutt & Parker’s clients – i.e. equity-rich home owners – will be similar to 2011 but that further price falls are inevitable as the great divide widens (overall estimating down by around 4.5% but more in some areas) until the market finally finds its level. 

Indeed, 2012 will be the year of the great divide:

  • North/south;
  • London/the country
  • Blue-chip/non blue-chip

 

The latter, especially, at the top end of the market Wiggin describes as ‘Core’ (prime properties) or ‘Cor Blimey’ (non-prime properties that suffer blight).

The London market will also be split, with international buyers looking likely to dominate. The usual flow of families radiating out to the home counties and beyond from London looks set to stall as depleted confidence gnaws away at those looking to leave the safety of London to start a new life in the country.  Meanwhile the country market which has seen price falls of 10% during quarter 2 and 3, anticipates further falls (particularly in the North and midlands)

2012 will be a challenging market:

 

  • Be prepared for the irrational buyer and seller and for sales falling through
  • The market will be confidence-driven; easily spooked by economic uncertainty
  • Transaction levels will be similar to 2011
  • Ambivalent sellers will flee the market, but there will be more “Have to” sellers
  • The trend for renting (lack of mortgage funding and job uncertainty) will grow.

 

There remains a market for realistically priced houses and especially for farms and land. There are keen buyers out there who will buy when the deal looks right, but they are cautious: there is uncertainty for 2012 on the global plain and those who can afford to buy at the moment are also savvy, they read the economy carefully and share this view of 2012.

So for 2012 – the message from Wiggin is:

  • Vendors: get in tune with reality and don’t allow your house to languish outside the market level.
  • Agents: get in tune too and stop over-valuing properties in the hope of a one-off buyer to pay an over-inflated price.
  • Buyers: choose carefully and wisely – there is little stock to choose from, but don’t expect there to be much more next year
  • The exception: the ‘one-off’ trophy house, be it big or small, which ticks all the boxes will sell.

 

For more information, please contact

 

Mark Wiggin                                                                          Kate Oliver

Shrewsbury Office                                                               Press Office

Strutt & Parker                                                                      Strutt & Parker

Telephone: 01743 284200                                                    Telephone: 020 7318 4652

mark.wiggin@struttandparker.com                            kate.oliver@struttandparker.com

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GET DOUBLE FOR YOUR MONEY IN THE NORTH

A recent study has revealed that the typical house price in the south of England is now double that of a property in the north.

The average asking price in the north now stands at £166,347 compared with £336,743 in the south of the country. Despite the downbeat economic forecast, asking prices across London, the south and East Anglia have remained resilient, while prices in the north and the Midlands have dropped.

The divide between the regions is now thought to be at its widest ever with vendors in the north reducing prices by 2.6% in the last year, whereas their southern counterparts increased values by 3.9%.

Regardless of falling prices, sales have remained steady in the northern regions which boast five of the top ten best performing areas in terms of sales this year.

Mark Wiggin at Strutt & Parker’s Shrewsbury office commented “The north-south gap in house prices is exacerbated by the London market in particular still achieving elevated prices despite economic uncertainties. In the northern regions, lower prices disguise a steady housing market, where affordability is attracting buyers.”

Recent figures from the Royal Institution of Chartered Surveyors support these views. They found that London is almost a market apart, with a far greater degree of house price buoyancy than anywhere in the UK, an average house price of £450,210 and an influx of foreign investment. 

Wiggin added “Buyers see this as an ideal time to invest in properties in the north. The size to price ratio on properties in the northern regions appeals to families looking for a better work-life balance, or those who simply want more for their money.”

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For more information, please contact

 

Mark Wiggin                                                                         Kate Oliver

Shrewsbury Office                                                             Press Office

Strutt & Parker                                                                    Strutt & Parker

Telephone: 01743 284200                                                Telephone: 020 7318 5194

mark.wiggin@struttandparker.com                         kate.oliver@struttandparker.com

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FOR IMMEDIATE RELEASE

ANALYSTS PREDICT GLOOM, BUT HOUSING MARKET MARCHES ON

In the past week various reports indicated the UK was lowest in terms of global confidence, financial directors were preparing for a second recession while companies had postponed or cancelled £4.7 billion of spending. On top of this, Sir Mervyn King, the Governor of the Bank of England, called the current financial crisis “the most serious… since the 1930s, if ever”, so it’s not surprising that those wishing to enter into the property market are being more cautious than usual.

King’s declaration that the financial crisis is the worst ever – even beating the 1930s post-war depression is an exaggerative attempt at justifying the bank’s quantitative easing measures. However the repercussions of his statement could have a negative effect on homeowners’ confidence.

Despite the woeful prophecies in the financial markets, the average UK house price rose by 0.2% last month, indicating that there is an active housing market which has not been too heavily affected.

Mark Wiggin at Strutt & Parker’s Shrewsbury office believes “Analysts have great influence in the media and need to be wary of the knock-on effects of their pessimistic statements. In a delicate economy, gloomy projections can compound fears across all sectors and discourage people wishing to buy or sell their homes.  That said, we are finding that hard work, innovative thinking and, above all, correct pricing is key to the property market in difficult times; we have new, active viewers keen to buy, but their confidence is fragile.”

Wiggin added: “We all agree that we have to tighten our belts, but unhelpful forecasters who seem to be competing for who can give the darkest prediction should be aware of the effects of their pessimism on confidence. The former can eventually dictate the latter – creating a self-perpetuating circle of doubt, which could significantly slow down the housing market”.  

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For more information, please contact

 

Mark Wiggin                                                                         Kate Oliver

Shrewsbury Office                                                             Press Office

Strutt & Parker                                                                    Strutt & Parker

Telephone: 01743 284200                                                Telephone: 020 7318 5194

mark.wiggin@struttandparker.com                         kate.oliver@struttandparker.com

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The law is “double-Dutch”: Geoffrey Boycott

The pitfalls of owning property jointly with another

This week has seen former England cricketer and well-known Yorkshireman, Geoffrey Boycott, appear at the High Court in London expressing his view that the law surrounding joint ownership of property is unclear.  Mr Justice Vos hearing the case himself acknowledged the “obscurity” of property law which dates back 300 years.

The case centres around Boycott’s purchase in 1996 of a three-bedroomed property overlooking Poole Harbour in the millionaires’ resort of Sandbanks, Dorset.  The property was purchased for £450,000 and earlier this year was valued at £3 million.  Boycott purchased the property with his then partner, Anne Wyatt, and it was put into their joint names as ‘joint tenants’.  When property is owned as joint tenants upon the death of one owner their half share will automatically pass to the other. This is commonly referred to as the ‘rule of survivorship’. This type of joint ownership is usually preferred by married or cohabiting couples as it provides security on death for the surviving spouse/partner which is particularly important where there are children of the family.

The alternative to owning a property as joint tenants is to own it as ‘tenants in common’.  As a tenant in common it is open to you to make provision in your Will for your share to pass on your death to a third party.  In the absence of a Will the rules of Intestacy apply which may result in your share passing to one or more prescribed family members which may not be what you want. For example, if you remain married your share could pass to your spouse, even if you are separated.

Purchasing a property as joint tenants is not unchangeable.  It is open to variation by either owner.  By serving a ‘Notice of Severance’ upon a joint owner it can be changed to a ‘tenancy in common’, giving one party the option of leaving their half share to a third party under the terms of their Will in the event of their death.

This fact came as somewhat of a shock to Geoffrey Boycott when, in 2009 on the death of his former partner, he discovered that she had two years earlier unilaterally changed the joint ownership to a tenancy in common and had bequeathed her half share of the property to her niece.  It is Mr Boycott’s case that he and Ms Wyatt had agreed that upon their deaths their respective shares would pass to the other.  He says that had he known that the ownership could be altered he would never have bought the property with Ms Wyatt, who had continued to live in the property rent-free.

To change the ownership of a property from a joint tenancy to a tenancy in common one party must ‘serve’ upon the other a Notice of Severance in accordance with section 36(2) of the Law of Property Act 1925.  Section 196 of that Act sets out the method of ‘service’ which essentially means sending a written document to the co-owner at their last known home or business address.  It need not be acknowledged by the co-owner.

In Mr Boycott’s case, in which he is making a claim against his solicitors who dealt with the purchase, he claims that it was a “huge surprise” to him to discover on Ms Wyatt’s death that she had unilaterally changed the ownership of the property to a tenancy in common and had left her share to her niece.

This case highlights the importance of fully understanding the implications of owning property jointly with another, particularly in the event of the death of one party or the breakdown of the relationship.

If you require advice regarding financial and property matters as a result of the breakdown of your relationship or protecting your assets when entering into marriage or a relationship then please contact Sophie Key or Amy Walpole in our Matrimonial Department on 01603 675648 or email matrimonial@rogers-norton.co.uk.

If you would like to discuss the preparation of a Will then please contact Tom Lawrence or Louisa Mawbey in our Private Client Department on 01603 666001 or email web@rogers-norton.co.uk.

If you are purchasing a property in joint names and require a conveyancer and advice in relation to joint ownership then please contact Hayley George in our Residential Conveyancing Department on 01603 675623 or email hlg@rogers-norton.co.uk.

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On Friday 14th October 2011 an announcement was made that truly stands to benefit UK sellers, buyers, renter, landlords and property developers. The news that the UK number two (Zoopla) and three (Digital Property Group), which includes the portal brands Findaproperty and Primelocation are to merge to form a new company to rival the current UK number1 rightmove who have dominated the UK property search market place for around 10 years.

Martin Cunningham MNAEA, Commercial Director of homes24.co.uk, regional publisher Archant’s property portal powered by Zoopla comments, “the consolidation of the UK property portal sector to a definitive two players shall benefit consumers and agents alike as the aggregation of the property content across a common platform will make property search less arduous for buyers and renters who will find a significantly enlarged market place within the Zoopla network of properties for sale and to rent available for search.”

“homes24.co.uk joined the Zoopla network in January of this year and we did so as the Zoopla network approach to marketing allows sellers and landlords properties to be available for search via multiple on-line channels, such as homes24.co.uk, Sky.com, Yahoo UK & Ireland and UpMyStreet to name but a few.”

“another major point of difference between rightmove and homes24 Zoopla is that Zoopla have developed a range of on-line tools to help sellers, landlords, buyers, renters and developers. Two such tools are ‘homevalues’ this function allows homeowners to obtain and receive a free estimate of their properties value, another useful tool is ‘AskMe!’ which allows those who have a question about property or moving to post it on the AskMe! forum.”

If you are selling or looking to let your property ensure your agent is listing it on homes24 Zoopla network.

Martin Cunningham MNAEA

Commercial Director – homes24.co.uk

martin.cunningham@homes24.co.uk

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