Residential Property

Maxwell Alves has experienced team of solicitors in dealing with all aspects of residential property.  Our lawyers offer a personal and professional expert service to every client. We offer practical solutions to any problems which may arise and give our clients the opportunity to make fully informed choices, working closely with their other professional advisors.

We can help you on following matters:

 

Buying and selling

Considered the significant value of property, buying or selling one must be handled very carefully to ensure everything is seamless. Therefore, the process of conveyangcing is very complicated and stressful event. However, with our help, this long conveyancing journey can become shorter, quitter and happier. We can handle:

Drafting and negotiating a residential sale and purchase contract

We can act on your behalf to negotiate with other party and draft the contract on your best interest

Co-ownership

If you want to buy with a friend or a partner, we can help you to understand the implications, under law, of buying property together and set out how you can best protect all parties in the event that the unforeseen happens. We have expert knowledge in the creation of Co-Purchase Agreements, Wills and Powers of Attorney which are all essential areas to be considered when buying property with friend or a partner.

 Trust of land

Trusts may be set up for a number of reasons, for example:

  • to control and protect family assets
  • when someone is too young to handle their affairs
  • when someone can’t handle their affairs because they are incapacitated
  • to pass on money or property while you are still alive

Maxwell Alves has considerable experience in setting up and administration all types of trust, as well how to wind up a trust and deal with the final distribution or transfer of assets.

 

 

Lease tenancy agreement

We can help you on following matters:

Assured short hold tenancy

An Assured Short hold Tenancy is the most frequently used tenancy agreement in the letting of residential properties. This type of agreement is also referred to as an ‘AST’ or ‘short hold Tenancy’.

Assured Short hold Tenancy agreements are normally arranged for a six month period, but can be agreed for a longer period, e.g. twelve months. This type of tenancy allows the tenant to remain in the property for the first six months, or initial fixed period.

With our help, we can ensure your rights can be protected in all respected.

Long residential lease

An agreement with more than 21 years lease with full service charge will be usually considered as long residential lease. More legal issue would be involved with this type of lease. No matter you are landlord or tenant, our team will assist you to grant an agreement that can best protect your interest with avoid unnecessary complexity and legal jargon

Residential Property service charge

Generally, the landlord is under an obligation under the lease to provide certain services, and in return has the ability to levy a service charge for doing so. Service charge is set out in the tenant’s lease or tenancy agreement. The charge normally covers the cost of such matters as general maintenance and repairs, insurance of the building and, where the services are provided, central heating, lifts, porterage, lighting and cleaning of common areas etc. The charges may also include the costs of management by the landlord or by a professional managing agent and for contributions to a reserve fund.

If you are tenant, this does necessary mean you have to accept every cost that landlord bring out and classed it as “service charge”. If you are not happy with your service charge, talk to us! We will try out best to resolve your concern.

We can also act on landlord’s behalf to claim the service charge you deserve to be paid from unwilling tenant.

 

 

 

 

Resolving title problem

It is a basic form of wealth and because of the complexities of laws appertaining to ownership great care is needed to secure your Title.

A title, as used in PROPERTY law, is the means by which an owner of property has just and legal possession of that property. Different types of title on property can be held. A good title is one that courts recognise as valid and thus free from doubts and ensures that the holder is the sole, legitimate possessor, without fear of any challenge being made to ownership. Once a good title of a property is established, it would become more valuable because no one can weaken an owner’s clear title to the property.

If there are some issues with title, it could lead to purchases/lease under value, avoidable mortgage or tax liability.

If you have any title issues, do not hesitate to contact us! We can give you best option to resolving your title issues. With our help, you can make big difference.

 

 

 

 

Restriction of way and third party rights

No matter you want buy or rent a property, be careful on following matters because previous owner might make following agreement with third party and you still are binding on such agreement after your purchase/lease:

Easements

An easement attaches to the land or property itself and is not a personal right. Therefore the benefit and burden of the easement remain on the affected land or property on change of ownership.

Common examples of easements are:

  • rights of way over shared access ways/drive ways
  • Rights to run service pipes and cables under land or property.

Covenants

A restrictive covenant is a promise by one person to another, (such as a buyer of land and a seller) not to do certain things with the land or property. It binds the land and not an individual owner, it “runs with the land”, which means that the restrictive covenant continues over the land or property even when the current owner(s) sells it to another person. Restrictive covenants continue to have effect even though they may have been made many years ago and appear to be obsolete.

Examples of restrictive covenants are:

  • not to keep a caravan on the property
  • not to run a business from the property
  • not to keep any animals other than domestic pets on the property
  • not to display advertisements, bills or placards on the property other than a notice that the land or property is to let or for sale.

 

 

 

 

 

Enfranchisement and lease extension

Collective enfranchisement

The tenant of a house that is held under a long lease has the right to acquire the freehold or an extended lease of the house and premises under Leasehold Reform Act 1967.

Our solicitor will explain key terms and procedures of collective enfranchisement and lease extension so our clients always understand what options available to them.

 

 

 

 

 

Planning issue

A breach of planning control occurs when development takes place without the council’s approval.

Unauthorised development may include:

  • major building works recently commenced at residential properties (for example extensions, dormers, outbuilding) within a Conservation or Article 4 area
  • alterations to listed buildings
  • felling and lopping of trees the subject of a Tree Preservation Order or in a Conservation Area
  • commercial activity that impacts upon Residential Property (including late night opening and sale or repair of vehicles)
  • use of outbuildings/external garages as a separate unit of accommodation
  • repair of motor vehicles on private land
  • untidy or derelict land causing immediate detriment to residential amenity and/or the street scene
  • car washes – usually hand car washes (not at traffic lights)
  • late night opening
  • hostels and care homes
  • flat conversions
  • unauthorised residential occupation/houses of multiple occupation
  • car boot sales
  • advertisements
  • sale of motor vehicles on private land
  • breaches of planning condition
  • other changes of use
  • minor works at residential properties (porches, fences, balustrade, patios)
  • garages and outbuildings
  • shop fronts and canopies
  • ventilation equipment
  • vehicular accesses – onto principal road
  • satellite dishes
  • high hedge complaints (Anti Social Behaviour Act)
  • all other breaches

A breach of planning control is not usually a criminal offence. However, unauthorised works to a listed building, unauthorised display of advertisements or damage to a protected tree may involve a criminal offence.

If you have ever done any of action above, please contact us as soon as possible. We are pride of our teams’ experience in residential property planning issues. We could provide expert advice to resolve your problem.

We offer straightforward and easy to understand advice on all areas concerning planning from repairs to party-walls and erection of conservatories through to complete redevelopment, covering areas such as:

  • Planning consent
  • Listed buildings consent
  • Enforcement notices
  • The Green Deal
  • Building regulations
  • Construction and works contracts

 

 

 

 

 

 

Mortgage

As well as providing legal advice, we can assist you with mortgages and refinancing.  As a result of our close links with a number of professional third parties, we are able to put you in touch with the appropriate advisor to assist you in obtaining a suitable finance programme to meet your requirements.

Our lawyers can prepare private loan and mortgage agreements and provide advice on the tax and other consequences of entering into such arrangements.

 

 

 

 

 

 

Property Tax

Many clients are unaware of the consequences, which may be very expensive, of not seeking tax advice when entering into any property investment.

Tax covers a wide range of topics and can be very complicated.  With no two transactions or clients the same, we offer tailor-made advice.

Our expertise includes:

  • Offshore arrangements
  • Annual Enveloped Property Tax
  • Stamp Duty Land Tax
  • Income and Capital Gains Tax on property investment

 

 

 

 

 

 

International property transaction

We have unique language advantage to either act on your behalf to purchase overseas properties or help overseas clients to purchase property here.