Moving Home Checklist

 

 

 

 

 

 

 

 

 

 

 

 

Moving can be a stressful time. Even when you’re finally setting up in your new home and you’re ready to rest, you need to set up various things to start getting comfortable. You may think the brunt of work should be over now, but you’ll be able to enjoy your new place much better if you get some big steps out of the way first. 

To make things easier on you, simply work your way through this checklist of essential things to do right as you move.

Make Sure All the Paperwork is Settled

The last thing you need is legal issues, especially since a move will already put enough on your plate. Make sure you have a residential property lawyer to help you sort out all of your ownership paperwork. This is necessary whether you are selling your previous home, buying a new home, or both.  

It’s also a good idea to ensure you’ve got the billing system and information in order at your new place. Talk to the previous owner to make sure utilities are billed to you and that there is no balance left from their time there. 

Sweep Through the Property

This means a visual sweep, of course. Simply do a thorough inspection as you walk through the entire property once more. Do this before unpacking anything and setting up so you can get a feel for the space and make sure that everything is as it should be. 

If you have specific agreements with the previous owner, this is the time to make sure they came through. This can reveal any issues that weren’t present in your initial viewing and any possible breaches against your sale contract.

Conduct a Deep Clean

Now, you can do the literal clean sweep. A good and thorough deep cleaning will help you make sure that everything is spick and span. It’s more extensive than a general cleaning, so you can rest assured that any built-up germs and dirt will be tackled. This should also give you a great clean slate to start with.

Double Check the Plumbing and Electrics

You’ll want to ensure that all the outlets, wiring, plumbing and lighting fixtures, switches, and pipes are working as intended. You should also check out where your water valves and fuse box are and make sure they are accessible. 

Figure Out Your Layout

You’ll have a much less painful time sorting your furniture and belongings if you have already mapped out your layout for each room. Consider where each item will be placed so you can put the corresponding boxes in the right rooms. You should also have an idea of the placement so you can just haul the furniture to the actual area where it will be set up. 

Install Any Pet or Child Proofing Essentials

If you have any pets or children, start installing all your proofing as needed. You can do this quickly and set up a zone for them to stay in while you’re still setting up some of the more hazardous things like kitchen chemicals, sharp tools, and breakables.

Letting your tenant go: consenting to assignment and underletting

 

 

 

 

 

 

 

 

 

 

 

 

 

If you are a landlord of commercial property, you will have chosen your tenants carefully.  A landlord wants to be sure that a tenant will pay the rent and service charge, and that the tenant will comply with the obligations in the lease so that the property is kept in good repair.  At the same time, a business tenant will want the right to move out and either pass on the lease or sublet to another business if their circumstances change.  There are legal penalties for landlords who are found to be unreasonable in objecting to a tenant’s proposals, so good legal advice is essential for landlords who want to avoid a dispute while still controlling who becomes their tenant.

‘Letting commercial property isn’t just about collecting the rent,’ according to Abraham Khan, an associate solicitor in the commercial property team with Hatten Wyatt. ‘The income is vital, but landlords are also looking at the credentials of tenants while trying to maintain the attractiveness of their properties.’  That makes it all the more important to be able to exercise some control over who takes on a lease if the original tenant moves out.  

The landlord’s duty to be reasonable

The law on when a landlord can refuse consent to an assignment or underletting has evolved over almost a century.  The starting point is the Landlord and Tenant Act 1927.  Most leases will state that the tenant may not assign without the landlord’s consent.  The 1927 Act says that where landlord’s consent is required, the landlord may not unreasonably withhold it even if that is not set out expressly in the lease.  Sixty years later, the Landlord and Tenant Act 1988 turned this into a positive obligation, creating a statutory duty for a landlord to give consent within a reasonable time, unless it is reasonable to refuse it, and not to impose unreasonable conditions.  The landlord must also set out in writing any conditions for giving consent or, if consent is refused, the reasons for the refusal.

The concept of reasonableness is intended to allow flexibility to reflect specific circumstances; what is reasonable in one case might not be in another.  The problem for landlords is to work out how long they can reasonably take over their decision and when they will be reasonable in rejecting a proposed assignee or undertenant.  Fortunately, there is plenty of case law that helps and your lawyer will be able to advise you.

Reasonable grounds for refusal

The first place to look is the lease itself.  Since 1996, landlords have been allowed to include in a lease specific circumstances in which they will be entitled to refuse consent to an assignment and specific conditions they will be entitled to impose.  A circumstance for refusal might be where a proposed assignee is a foreign company; an agreed condition might be that the assignee provides a satisfactory guarantor.  Any of these circumstances or conditions will automatically be reasonable.  This applies only to assignments and not to an underletting, but where there is an underletting the landlord can still enforce the lease obligations against the tenant.

The landlord may also refuse consent or impose conditions for other reasons, if this is reasonable.  The court has established the principle that to be ‘reasonable’, a landlord’s grounds for withholding consent must be linked to the landlord and tenant relationship.  That means it is reasonable to withhold consent if the tenant cannot produce accounts and references that show that the proposed assignee is financially sound and able to pay the rent and comply with the rest of the lease.  A landlord may not refuse consent to secure a personal advantage, so it would be unreasonable to refuse consent because the landlord wanted to use the property themselves, or if the landlord wanted to persuade the proposed assignee to take a lease of a nearby unit the landlord also owned.

Another helpful bit of case law made it clear that if a landlord has several units or properties close to each other and has set out a formal ‘tenant mix’ policy, it is reasonable to refuse consent to a proposed assignee or undertenant whose business would not fit with that policy. 

How long is too long?

The requirement to give a decision within a reasonable time is another potential trap for landlords.  The best practical advice is to move quickly once a tenant makes a formal request for consent.  Beyond that, there are some useful pointers in the case law:

• As a rule of thumb, the landlord should aim to give a written decision, with reasons, within 21-28 days, although there may be situations where 21 days is too long, or where it would be reasonable to take longer.
• If the tenant explains that there are particular reasons for needing a fast decision, the landlord should take this into account, as it could mean that the reasonable period is shorter than it might otherwise have been.
• The clock only starts running when the tenant has provided all the information the landlord needs to make a reasoned decision.  If the initial request is accompanied by only sketchy financial information, the landlord should ask for whatever they need and they are entitled to wait for it before giving a decision.

 

 

 

Knowledge is power when purchasing property

 

 

 

 

 

 

 

 

 

 

 

 

Sarah is here to help house buyers and sellers get to grips with the conveyancing process. This month, she explains why knowledge is power when purchasing a property…

I have heard the phrase ‘buyer beware’ used in relation to property purchases. What does it actually mean?

‘Let the buyer beware’ is the literal translation of the Latin ‘caveat emptor,’ which applies to all property transactions that are contractual arrangements.

It means the purchaser is obliged to establish for themselves the condition of the property they are buying. This might be with the help of a surveyor, or any other contractors you wish to use, to determine if there are any structural issues or problems with the gas, boilers, electrical installations, etc.

Any conveyancer acting on the purchase of a property will advise you that ‘caveat emptor’ is a fundamental element of the transaction. It is, therefore, important that before you exchange contracts, you obtain an appropriate survey, inspection reports and any other items relating to work that has been carried out.

There is no legal obligation on the seller to provide any of these reports or information. As the phrase suggests, the purchase of a property is the buyer’s risk, so it is up to you to do the appropriate due diligence. If issues come to light, look to liaise with the estate agent involved in the transaction to agree a price reduction or allowance to carry out the necessary repairs.

Once contracts have been exchanged, the transaction becomes legally binding and you are then committed to buying the property. This means you are required to pay the seller the price stated on the contract and responsible for putting right any issues that are discovered after completion.

A final inspection

It is recommended that you do a final check on the property just prior to exchange, as several weeks or months may have passed since your first viewing. Changes may have taken place or there may be issues you wouldn’t spot without a thorough inspection.

This is especially important if the property is rented. You will need to ask the tenants to vacate, so you can carry out a visual inspection to ensure they have left it in a satisfactory condition and that you are still happy to proceed with the purchase.

If you are buying a vacant property, this final inspection is also particularly important. For example, you need to check that the heating hasn’t been turned off completely in cold weather, as this can lead to problems with the system and damage from burst pipes. If you find the boiler has been switched off, turn it back on again to ensure it is in good working order. It is fundamental to living comfortably in the property and can be expensive to replace.

A huge commitment

Buying a property is one of the biggest financial investments you will ever make, so it is vital you have as much information to hand as possible before proceeding with the purchase

The effect of school catchments on property purchases

 

 

 

 

 

 

 

 

 

 

 

It's that time of the year again – back to school season. Little ones, and not so little ones, have in the last few weeks been returning to infants, primary or secondary schools in their droves after the long summer break. 

School catchment areas also become a pivotal consideration for parents around this time. Parents, eager for their children to be in the best-performing schools, want to be in the right catchment areas to make this possible – and it seems are often willing to pay a premium to realise their dreams. 

Parents are willing to spend big to get their children into the ‘right’ school, with a quarter moving house to ensure they are in the ‘right’ catchment area. 

Research carried out by Santander Mortgages has revealed that prices in desirable areas are being pushed up by nearly £27,000 by parents determined to secure a place for their children at their chosen school. 

According to the findings, one in four parents with school-age children have either purchased or rented a new property with the right address for a particular catchment area. What’s more, they are willing to pay an additional 12% on top of the market value of a home to set their children on the right path. 

Some 51% sold their previous home to finance a move to a specific catchment area, while a fifth are renting and a further third acquired a second home. In some cases, the financial impact of this is considerable, with a quarter of parents admitting that they have overstretched themselves on their mortgage. 

Are school places encouraging lifestyle changes?

Drastic lifestyle changes are also sometimes needed, with a fifth having to downsize and a fifth having to change their job for the sake of their children’s educational needs. 

For some, though, the move is purely tactical and temporary. A quarter of families say they will move out of their area once their child leaves school. For others – four in 10 in fact – it’s even more temporary than that. Once their child has secured a place at their desired school, they plan to move out immediately. This trend is particularly prevalent in London, where an astonishing two thirds of parents plan to leave their new home as soon as the paperwork from the schools come through. 

What is the ‘education effect’ in London?

“Buyers with children of school age will do and pay anything to get their children a place,” said Jeremy Leaf, former residential chairman of RICS and currently an estate agent in north London. “It is quite normal for buyers to check the local Ofsted reports before they read the particulars for their preferred
properties. The education effect on property prices can extend well beyond the school run boundaries.”

In London, the catchment premium is most stark. Here, a third of all parents say they have purchased or rented a particular property with the school catchment area in mind – as a result, homes with the right addresses have seen their prices rise by around £81,000. 

What are the price premiums in other regions?

The catchment premium isn’t simply isolated to London and the South of England, however. The premium paid is £18,200 in the North East, where nearly four in 10 parents have bought or rented property close to good local schools, while in the East of England the premium is approximately £29,000 – although moving for the catchment area is much less common, with only one in 10 families in this region taking such action. 

Similar research carried out by Rightmove earlier this year into premiums in key catchment areas found that the average nationwide catchment area premium surrounding schools earmarked as “outstanding” by Ofsted stood at £52,000. 

While less affluent parents may therefore be effectively priced out of getting their kids into the best
performing state schools – in turn causing problems with social mobility and barriers for disadvantaged households – parents with the financial means and determination are willing to go to extreme lengths. And, when compared to fees for boarding or independent schools, the premiums parents have to pay are much, much lower. 

What sacrifices would parents make for the right school?

Still, sacrifices do, more often than not, have to be made when it comes to parents securing a school place for their child. As well as changing jobs and downsizing, the survey – which spoke to 4,014 parents with children of school-age – found that 19% had moved to an area they deemed unsafe, 26% moved to a location that was far away from family or friends, and 25% paid more for their new property than they can realistically afford. 

Living within a particular school catchment area, while desirable to many, is likely to include financial and lifestyle sacrifices, with such addresses nearly always coming with a premium attached. 
Nonetheless, it’s a trend that is showing no signs of fatigue, with 40% of those surveyed saying catchment areas will dictate where they choose to live if they move house before their child finishes school. 

Why are school places so important to parents?

The main motivation behind all this, of course, is for parents to ensure their children get the best possible start in life, at the best possible school. Such motivations aren’t going anywhere, so it seems highly likely that parents will continue to pay premiums for certain catchment areas.
Properties in London, for example, are already prohibitive, but in popular catchment areas price tags are likely to be even more hefty and competition fierce. Buyers are warned to not overstretch themselves financially, to do their research beforehand and to ensure they have the right mortgage deal where repayments are affordable. 

Catchment areas have long proved to be a divisive issue, and with many parents feeling obliged to pay premiums to secure their child a place at the best state schools, it is an issue that will continue to rear its head on a regular basis. Solution: ensure all schools are rated good or outstanding and give parents less reasons to move to particular catchment areas. In reality, though, such a proposition seems more than a tad fanciful. 

The effect of school catchments on property purchases

 

 

 

 

 

 

 

 

 

 

 

 

  It's that time of the year again – back to school season. Little ones, and not so little ones, have in the last few weeks been returning to infants, primary or secondary schools in their droves after the long summer break. 

School catchment areas also become a pivotal consideration for parents around this time. Parents, eager for their children to be in the best-performing schools, want to be in the right catchment areas to make this possible – and it seems are often willing to pay a premium to realise their dreams. 

Parents are willing to spend big to get their children into the ‘right’ school, with a quarter moving house to ensure they are in the ‘right’ catchment area. 

Research carried out by Santander Mortgages has revealed that prices in desirable areas are being pushed up by nearly £27,000 by parents determined to secure a place for their children at their chosen school. 

According to the findings, one in four parents with school-age children have either purchased or rented a new property with the right address for a particular catchment area. What’s more, they are willing to pay an additional 12% on top of the market value of a home to set their children on the right path. 

Some 51% sold their previous home to finance a move to a specific catchment area, while a fifth are renting and a further third acquired a second home. In some cases, the financial impact of this is considerable, with a quarter of parents admitting that they have overstretched themselves on their mortgage. 

Are school places encouraging lifestyle changes?

Drastic lifestyle changes are also sometimes needed, with a fifth having to downsize and a fifth having to change their job for the sake of their children’s educational needs. 

For some, though, the move is purely tactical and temporary. A quarter of families say they will move out of their area once their child leaves school. For others – four in 10 in fact – it’s even more temporary than that. Once their child has secured a place at their desired school, they plan to move out immediately. This trend is particularly prevalent in London, where an astonishing two thirds of parents plan to leave their new home as soon as the paperwork from the schools come through. 

What is the ‘education effect’ in London?

“Buyers with children of school age will do and pay anything to get their children a place,” said Jeremy Leaf, former residential chairman of RICS and currently an estate agent in north London. “It is quite normal for buyers to check the local Ofsted reports before they read the particulars for their preferred
properties. The education effect on property prices can extend well beyond the school run boundaries.”

In London, the catchment premium is most stark. Here, a third of all parents say they have purchased or rented a particular property with the school catchment area in mind – as a result, homes with the right addresses have seen their prices rise by around £81,000. 

What are the price premiums in other regions?

The catchment premium isn’t simply isolated to London and the South of England, however. The premium paid is £18,200 in the North East, where nearly four in 10 parents have bought or rented property close to good local schools, while in the East of England the premium is approximately £29,000 – although moving for the catchment area is much less common, with only one in 10 families in this region taking such action. 

Similar research carried out by Rightmove earlier this year into premiums in key catchment areas found that the average nationwide catchment area premium surrounding schools earmarked as “outstanding” by Ofsted stood at £52,000. 

While less affluent parents may therefore be effectively priced out of getting their kids into the best
performing state schools – in turn causing problems with social mobility and barriers for disadvantaged households – parents with the financial means and determination are willing to go to extreme lengths. And, when compared to fees for boarding or independent schools, the premiums parents have to pay are much, much lower. 

What sacrifices would parents make for the right school?

Still, sacrifices do, more often than not, have to be made when it comes to parents securing a school place for their child. As well as changing jobs and downsizing, the survey – which spoke to 4,014 parents with children of school-age – found that 19% had moved to an area they deemed unsafe, 26% moved to a location that was far away from family or friends, and 25% paid more for their new property than they can realistically afford. 

Living within a particular school catchment area, while desirable to many, is likely to include financial and lifestyle sacrifices, with such addresses nearly always coming with a premium attached. 
Nonetheless, it’s a trend that is showing no signs of fatigue, with 40% of those surveyed saying catchment areas will dictate where they choose to live if they move house before their child finishes school. 

Why are school places so important to parents?

The main motivation behind all this, of course, is for parents to ensure their children get the best possible start in life, at the best possible school. Such motivations aren’t going anywhere, so it seems highly likely that parents will continue to pay premiums for certain catchment areas.
Properties in London, for example, are already prohibitive, but in popular catchment areas price tags are likely to be even more hefty and competition fierce. Buyers are warned to not overstretch themselves financially, to do their research beforehand and to ensure they have the right mortgage deal where repayments are affordable. 

Catchment areas have long proved to be a divisive issue, and with many parents feeling obliged to pay premiums to secure their child a place at the best state schools, it is an issue that will continue to rear its head on a regular basis. Solution: ensure all schools are rated good or outstanding and give parents less reasons to move to particular catchment areas. In reality, though, such a proposition seems more than a tad fanciful.