Monday 14 February 2011

Housing reviews announced

It’s taken the demolition of an industry, some of the worst trading conditions for decades but finally its seems our politicians are beginning to wake up and acknowledge that the housing market is in a complete mess and is in need of reform.

As to when it is likely we will see measures introduced it is not known, though with today’s announcement that Civil servants in the Communities and Local Government department are to carry out a review of the private housing market there is at least some glimmer of hope that change may happen sometime in the future.

The Coalition’s review will be led not by housing minister Grant Shapps but by Oliver Letwin a man whose ideology is unlikely to allow him to subscribe to any change that would involve the imposition of regulation.   

It is not known what areas the review will cover though there are reports in certain publications today that suggest it will cover house building and the state of the housing market.

At the same time it seems Labour will carry out its own review led by Caroline Flint, shadow CLG secretary.  It will be called ‘How do we meet families’ aspirations for good housing and a good home?’ and will last for a year.  It will cover all aspects of housing and interim results are due this summer.

Love or hate it the home information pack legislation represented a brave and progressive move on the part of the Labour Party, a move that will probably not be seen or even attempted for quite some time.

My concern is that for any change to take place and indeed survive it is essential that policy should be conceived with cross party support as without this we will inevitably witness a repeat of the shameless way the Coalition Government put ideology in front of consumer interest when it threw the conveyancing process back in time with the abolition of the home information packs. 

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Wednesday 9 February 2011

Fixtures and Fittings are not too be overlooked when moving home


One of the most common questions that come across our conveyancing desks is what should I leave in my property and what should I expect the seller of the property I am buying to leave.  This should not come as a surprise given that fixtures and fittings is one of the most sensitive issues to arise during the transaction.  Upon a viewing of a furnished property you tend to build an impression of the property you are buying and when it comes to completion and you move in there is often a sense of disappointment.   Your expectation just does not match what you see!
So legally what is the position with fixtures and fittings? Well its quiet simple the seller is not obliged to leave any items; all they have to do when completing the Fixture and Fittings form is to state what they are willing to leave.
I recently moved and the seller aggrieved perhaps that he was selling undervalue decided to take all of the light fittings, the shelves that could only ever fit the alcove they were serving and most of the curtain poles. To be fair he did make good the plasterwork and replaced all of the light fittings with some cheap spotlights.
Even though the Fixtures and Fitting form is used to provide a list of what is to be left and what is to be taken it is not always easy to read and can often cause confusion. For this reason if you are unsure either get your solicitor to question the form or speak with the seller direct and agree an inventory.  This can then be attached to the contract.
This is important as if you remove something that the purchaser thought you were leaving you could find yourself in court.
So what is the technical definition of fixtures and fittings? A fixture is any item that is bolted to the floor or walls; a fitting is any item that is freestanding or hung by a hook or nail.
The focus of attention is normally on the property, the bricks and mortar, and the fixtures and fittings often do not get the attention they deserve.  Remember however to replace all fitted and freestanding furniture, central heating fixtures, telephones, curtains, curtain poles, satellite dishes, fireplaces and external dustbins could cost well in excess of £10,000.
For this reason it is important to pause and to take time to consider what is to be left and what you might wish to retain. You can always negotiate and agree a price for items that you would like to keep.   

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Monday 7 February 2011

Elton John has insider information on the new ipad?

In an interview this morning with the BBC Elton John seems to have let spill the fact he has some knowledge about the iPad2.

During the interview he told the BBC that he would be purchasing a “Skype iPad” in April this year.   This suggests that he is expecting or indeed has knowledge that Apple will be releasing its new version of the iPad with a front facing camera, and perhaps even a rear-facing camera.  

This seems to be a habbit as in an earlier interview with the Daily Telegraph he is reported to have said:

 “I’m a Luddite. I don’t have a phone, I don’t have a computer, I don’t have an iPad and I don’t have an iPod. But this is going to be a problem for me because they’re coming out with a Skype iPad in April and I’ve got to get one because I want to see my son when I’m not there — I’ll have to enter the world of technology.”

So of Elton has inside information it seems we will seeing a new version of the beloved ipad with a camera very soon.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Another volume conveyancer goes into administration

One of the largest players in the Home Information Pack industry, LMS, is reported  in Inside Reporter to have gone into Administration as well as being the subject of a management ‘buy out’. 

LMS had prior to and during the HIP regime become one of the largest conveyancing panel managers in the country.

Insider Media reported on Friday that:

“About 100 jobs have been secured at Ellesmere Port conveyancer LMS Holdings after the business was bought out of administration.

It is stated that LMS has experienced a “difficult trading environment which led to a financial restructuring”.

LMS Group Holdings, which is based at Cheshire Oaks Business Park, reported sales of £54m in the year to 31 March 2009 and a pre-tax loss of £3m.

Although no one is making a direct connection it seems that the sudden and wholly unnecessary complete withdrawal of  Home Information Packs in May 2010 seem to have had some bearing on the fate of this business.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Sunday 6 February 2011

Divorce: the importance of choosing the right solicitor

Considering divorce can be a daunting experience at the best of times but when we are still coming out of a recession and may in fact be entering a second recession the thought of having to enter into ‘battle’ over the family assets is for some a major nightmare.

In some cases the only asset is the home and though there will be considerations to be taken into account if children are involved the resolution of the finances between the parties can be relatively straightforward.

However there are more complex cases involving businesses, investments, trust funds and even inheritances.  To find a solution that will meet the needs and financial goal of each party is not easy and often proves problematic as well as expensive.

The need for a good solicitor and one who can work with you to find a working solution without having to run up a large legal bill is essential.  The aim is to ensure there is full and early assessment of the value of the assets, usually with the help of specialist financial planners and other experts, and that the line of communication is opened early, and remains open, with all concerned.

You need to choose a solicitor who can handle you case in such a way so as to minimize the hostility and bitterness that often hampers progress.   A solicitor than can allow you and your partner to preserve your dignity and to work together in doing all that you can you to ensure that those assets which have been accumulated within the marriage are not lost in unnecessary legal and court fees.

A good solicitor will not be one who embarks on sending out inflammatory letters and whose actions only serves to fuel additional bitterness as well as taking money out of your pocket when it is not necessary.

The need to open up early and constructive dialogue with the solicitor acting for the other spouse is essential.   Early and open discussion on issues that you and your spouse believe to be addressed will help to ensure issues are constructively discussed and resolved and the need for Court intervention is reduced.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

iPad 2 to be announced on 13th February?

There is much talk within the technology press about the possible imminent release of the iPad 2.  

The Mobile World Congress starts on the 14th February and there is good money on Apple releasing news of its launch next Sunday. This coincides with what was previously reported in Macnotes that the iPad 2 would be released at the beginning of Q2.

It is also suggested that Apple’s latest iOS operating system will be demonstrated at the same time.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Friday 4 February 2011

Nationwide predicts extended stagnation in property market


Property costs declined by 0.1 per cent last month, taking the average home down to £161,602, according to the latest statistics published by Nationwide,.

This is a year-on-year decrease of 1.1 per cent and means houses now cost less than in September 2009.

Nationwide chief economist Robert Gardner said that although the outlook for the year as a whole is still uncertain, "the most likely outcome is that the pattern of low transaction levels and prices moving sideways or modestly lower will continue through 2011".

Morgan Jones and Pett Solicitors



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