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Coronavirus: An update on evictions and re-possessions

Coronavirus: An update on evictions and re-possessions

Nov 3, 2020

Coronavirus: An update on evictions and re-possessions

During the pandemic, the Government put certain restrictions in place to prevent evictions and possessions of properties.  Hence, protecting tenants who may struggle to pay bills during lockdown.  The Court, however, are now starting to handle these cases and new procedures have been in place for when a landlord choses to evict a tenant.  If you are a landlord, there are numerous rules and regulations you should have in mind.

The Coronavirus Act 2020 has more recently been amended by The Coronavirus Act 2020 (Tenancies: Protection from Eviction) (Amendment) Regulations 2020 and means the eviction ban ended on the 20th September 2020.  However, the rules have significantly changed:

  • Prior to 26th March 2020, a Landlord was only required to give 2 months’ notice when serving a S21 Notice;
  • Any notices served on tenants between 26th March 2020 and 29th August 2020 required at least 3 months’ notice to given;
  • Now, since 29th August 2020, landlords must give 6 months’ notice under S21 to terminate an Assured Shorthold Tenancy – a restriction which is now in place until 31st March 2021.

 

Help for Tenants

In light of the above, there are numerous ways that landlords can or will act illegally when seeking to evict tenants or when seeking to implement a rent increase.  If you are a tenant and want to understand your rights in more detail, do not hesitate to contact someone in our litigation team.  If you feel you have been treated illegally by your landlord, we would recommend the following:-

  1. Speak to your landlord as soon as possible. They may arrange a rent repayment plan if you are struggling or in arrears.  Your landlord may be willing to not evict you and allow you to pay less rent.
  2. Gather all evidence, including rent paid and when – communications with your landlord. If you or your income has been affected by Covid-19 make sure to flag it up as soon as possible.
  3. Double check that any notice given by your landlord is valid and the correct notice period has been given depending on the date you received. (See above).

 

Landlord

It is important that if you are a landlord, you are acting cautiously in terms of a notice period and providing a tenant with all the information required under a S21 notice.   With the law changing rapidly, if you are ever unsure of what notice period you should be giving when evicting a tenant, you should seek independent legal advice.

If you are a landlord who requires advice on what to do next in relation to eviction proceedings, or a tenant who is facing eviction, please contact the GoodyBurrett Civil Litigation team on 01206 577676 or email [email protected]

If you would like any advice from our Family department

Contact GoodyBurrett on 01206 577676 or email [email protected]

Electronic Signatures at the Land Registry

Electronic Signatures at the Land Registry

Aug 17, 2020

Electronic Signatures at the Land Registry

The Land Registry (‘HMLR’) has recently released notification that they plan to accept digital signatures on the paperwork they accept from conveyancers which gives effect to property transfers.

The technology and legal requirements to enable HMLR to accept digital signatures has been in place for some time but, quite wisely, HMLR have been sitting on it before taking the plunge.

There will be five categories of documents HMLR will accept with digital signatures and these include:

  • Deeds (like a typical transfer deed parties execute when buying and selling property);
  • Discharges (when releasing a charge from a property, like paying off a mortgage); and
  • Powers of attorney.

HMLR are keen to assist the progress of conveyancing as a sector and hope these changes, slated to come into effect ‘in the near future’ will assist.  While conveyancing was in a relative state of flux during the recent lockdown it is not clear whether digital signatures would have made that much difference to the speed and accessibility of completing documents.

There are also questions of security.  Property fraud is already a very real risk to homeowners, lenders and conveyancers to remove a key security feature of ‘wet signatures’ (actual signatures made by the person’s own hand) is a big step.

Mike Harlow, Land Registry’s general counsel, confirmed, ‘our hope is that in the near future qualified electronic signatures [a specific type of electronic signature which is more secure] become more commonplace and the service providers tailor their use to conveyancing. If they do develop to be a successful option for completing property transactions, we will review the use of electronic signatures [basic types of electronic signatures] and may withdraw their acceptance, which would leave only the more secure qualified electronic signatures in use.’

Further news from HMLR is hotly awaited.

If you are looking to buy or sell your home, GoodyBurrett will happily provide you with a free, no obligation quote or maybe you would like to make a new or amend your existing Will and or Lasting Power of Attorney?  Our Private Client team would be more than happy to answer any questions you may have.  You can contact us via telephone 01206 577676 or email [email protected] for more information.

 

If you have any questions on the above points

Contact GoodyBurrett on 01206 577676 or email [email protected]

Stamp Duty Update Thursday 9th July 2020

Stamp Duty Update Thursday 9th July 2020

Jul 9, 2020

The Chancellors Mini Budget – Stamp Duty Update Thursday 9th July 2020:

Yesterday the Chancellor of the Exchequer, Rishi Sunak MP, announced temporary increases to the Stamp Duty Land Tax nil rate bands for residential property to take effect immediately and remain in effect until 31 March 2021.

Noting that property transactions fell by 50% in May, and that uncertainty continues to affect the housing market, the Chancellor announced that the property value at which Stamp Duty Land Tax (SDLT) begins to be paid will be raised from £125,000 at present to £500,000 in the tables covering standard purchases and purchases where the consideration consists of or includes the net present value of the rental element for leasehold acquisitions.

For purchases liable to the Higher Rates for Additional Dwellings, the 3% band is increased from £125,000 to £500,000.

The measure applies to transactions that are completed or substantially performed between 8 July 2020 and 31 March 2021 inclusive. The temporary rates do not apply where the transaction was substantially performed before 8 July 2020.  This page on GOV.UK contains more information –https://www.gov.uk/guidance/stamp-duty-land-tax-temporary-reduced-rates.

If you are looking at purchasing a property, feel free to contact us for a free no obligation quote.  Click here to contact us or email [email protected] / call us on 01206 577676

 

If you have any questions on the above points

Contact GoodyBurrett on 01206 577676 or email [email protected]

Stamp Duty Update Thursday 9th July 2020

The Chancellors Mini Budget – Stamp Duty Update

Jul 8, 2020

The Chancellors Mini Budget – Stamp Duty Update

Since Rishi Sunak hinted that stamp Duty Land Tax (‘SDLT’) was going to be updated the property market has been holding its breath. Happily, we can all now breathe out because firm details have emerged:

  • The chancellor announces he will cut stamp duty to reinvigorate the housing market.
  • The threshold for stamp duty will increase from £125,000 to £500,000. The cut will be temporary, running until 31 March 2021, and will take effect immediately.

This is a very helpful headline and, for some, will answer all the questions and assist transactions looking to move forward.  However, what is unclear is if this threshold increase will potentially extend to commercial properties? What happens to the higher rate payable on second properties? Will that threshold change/ be affected?

While the increase in the threshold is certainly welcome, realistically, this won’t assist everyone in the region.  First time buyers are already exempt from SDLT and with the average house price in East Anglia being £341,072 it won’t take too may extra bells and whistles for house transactions to exceed the £500,00 threshold. 

Despite this analysis any tax break is certainly welcome at this time and it will be interesting to see how houses will be priced in view of this favourable SDLT bracket and whether people will be selling for less in order to allow buyers to use this tax break.

If you are thinking of moving or purchasing a property feel free to contact us for a free, no obligation quote.  Email [email protected] or call us on 01206 577676.

 

If you have any questions on buying or selling a property

Contact GoodyBurrett on 01206 577676 or email [email protected]

Conveyancing Corona Update

Conveyancing Corona Update

Jun 3, 2020

Conveyancing Corona Update

With the day-to-day situation constantly changing in the face of the global pandemic, you may be wondering whether you can finally buy or sell your home. As of the 13th May the Government has announced a lifting on the restrictions regarding moving home and re-opened the housing market.

In the last week, Estate agents have returned to work and the government have said that moving home is now possible in England. According to the BBC, it is now possible to view show homes and organise viewings of homes under the new guidelines, and previous transactions that were put on hold can now continue. In addition to Estate Agents, Removal men are also reopening  in line with government guidelines, ready to make moving home possible.

All of this must be done under current social distancing guidelines but the new guidelines will allow all types of property transactions to resume. Therefore, if you are thinking of buying or selling, it is time to get in contact with an estate agent!

Please bear in mind this does not apply if you are buying or selling a property in Wales or Scotland at this time.

As one of very few local law firms still functioning as close to normal as possible during this pandemic, GoodyBurrett is finely poised to take on any of your property based legal needs. Please call our office on 01206 577676 or email [email protected] for a free, no obligation quote.

For more information on buying or selling

a property contact GoodyBurrett on 01206 577676 or email [email protected]

When is a married couple not a married couple?

When is a married couple not a married couple?

Mar 10, 2020

When is a married couple not a married couple?

Generally speaking, for the purposes of Stamp Duty Land Tax married couples are treated as one unit for tax purposes. Therefore if, for example, a wife purchased a property in her sole name and did not own any other properties personally, but her husband did, then her purchase would still be subject to the higher rates of SDLT for additional dwellings.

However, what happens in a situation where a marriage or civil partnership has broken down and one of the partners wishes to purchase a new home before both their divorce or separation is finalised and what was formerly their main residence has been sold or transferred? It would seem unfair if such a purchase was subject to the higher rates of stamp duty for additional properties not least as those rates do not apply when a main residence is being replaced regardless of how many additional properties are owned at that time. Thankfully, HMRC will now accept that the higher rates of Stamp Duty Land Tax will not apply in such circumstances and before a divorce or separation agreement has been finalised, providing that the couple are separating in circumstances that are likely to be permanent.

Therefore, the answer to the question “when is a married couple not a married couple?” is for the purposes of SDLT at least, somewhat logically, when they are divorced, separated by way of a formal agreement or in circumstances where the separation is likely to become permanent. Needless to say, in the latter instance, each case will turn on its own facts and one may need to substantiate the position to HMRC should it investigate the Land Transaction Return after completion of the purchase. It is always advisable to obtain bespoke legal advice in the early stages of any such situation.

Here at GoodyBurrett we can help with divorce matters as well as conveyancing, please feel free to contact a member of our family and/or conveyancing team for more details. 

For more information on the above

Contact GoodyBurrett on 01206 577676 or email [email protected]