“Mixed Picture” for Northern Ireland House Sales Market

October 12, 2017

A Report recently compiled by Ulster University in partnership with Northern Ireland Housing Executive and Progressive Building Society has found that house sales in Northern Ireland during the 3 month period from April to June 2017 were at the highest level recorded since the 2007 property crash. The average purchase price however is slightly down, … Continue reading “Mixed Picture” for Northern Ireland House Sales Market

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Making hay when the sun shines: Harvesting the rental yield for your Buy-To-Let Property

September 18, 2017

As the old agricultural adage says, adopting a carpe-diem attitude to crop production is both imperative and lucrative. Only by reaping the rewards in the short term can you expect to benefit in the long run. Can these lessons be applied in the context of Buy-To-Let properties? Much like the Farmer who plans their activities … Continue reading Making hay when the sun shines: Harvesting the rental yield for your Buy-To-Let Property

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Department for Communities release proposals on the Private Rented Sector

April 3, 2017

The Private Rented Sector is instrumental in meeting housing needs in Northern Ireland. It has always catered for a diverse range of households but increasingly has become a more permanent home for a larger number of people growing dramatically over the past twenty five years leading to an increased focus on the sector.  The Department … Continue reading Department for Communities release proposals on the Private Rented Sector

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Delay in issue of Rate Bills for 2017/2018

March 31, 2017

Land & Property Services (LPS) have confirmed that there will be a delay in the issue of rate bills for 2017/2018. Usually at the beginning of April each year LPS issues annual rate bills to homes and businesses across Northern Ireland. This year, bills will be late due to a delay in the setting of … Continue reading Delay in issue of Rate Bills for 2017/2018

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Beware Identity Theft in Property Sales

March 30, 2017

Agents and conveyancing solicitors should be on high alert following a judgment finding a well known English firm strictly liable for breach of trust in a property fraud case involving identity theft of the seller. The firm acted for the purchaser of a London property however following completion it transpired that the seller was in … Continue reading Beware Identity Theft in Property Sales

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Attention Residential Landlords! Renewal of the Landlord Registration Scheme

January 31, 2017

The Landlord Registration Scheme (Northern Ireland) Regulations 2014 came into force on 25 February 2014 and required all private landlords to be registered under the Scheme. The deadline for registration was 25 February 2015 allowing twelve months from the date of commencement of the Regulations to register.  However any properties let on or after 25 … Continue reading Attention Residential Landlords! Renewal of the Landlord Registration Scheme

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Airbnb Ruling – Caution for Hosts

December 2, 2016

The Airbnb Ruling from the Upper Tribunal’s Land Chamber in September has huge significance for those tempted to advertise their properties on websites, such as Airbnb. The above Ruling determined that a leasehold flat owner was in breach of her lease by renting out her property on Airbnb. The Lease contained a covenant not to … Continue reading Airbnb Ruling – Caution for Hosts

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Rates Rethink for Northern Ireland

November 28, 2016

Finance Minister, Máirtín ÓMuilleoir’s rates proposals announced on Tuesday include replacing the small business rate relief scheme with a £22m fund for small retail and hospitality sectors. This scheme is aimed at providing more support for fewer businesses.  Any business with an NAV of less than £10,000 will only pay 50% rates.  Businesses with NAVs … Continue reading Rates Rethink for Northern Ireland

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Dealing with Problem Tenants

August 19, 2016

The rental sector is currently enjoying something of a boom.  On the whole, tenants are usually responsible people and will treat you and your property with respect. Unfortunately at some point landlords may run into difficulties with tenants. This article will seek to address how to deal with some of the main problems that may … Continue reading Dealing with Problem Tenants

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Address issues properly

August 15, 2016

I recently made some comments on the importance of getting it right when serving notices by landlords or tenants. Another 2016 decision in England, Levett–Dunn v NHS Property Services Limited 2016 raises yet another issue in this regard.  The tenant’s statutory predecessor in title was the tenant of three floors of a building pursuant to … Continue reading Address issues properly

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Leases and rights to Light

Often it is the case that landlords grant their tenants express rights to light as leasehold easements.  Then again, an easement in light in favour of tenant may be implied by means of the deeming provision in section 6 of the Conveyancing Law and Property Act 1881. What occurs more frequently is that leases contain … Continue reading Leases and rights to Light

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Endeavouring to Endeavour

Most obligations placed upon a landlord and tenant in a lease are clear, certain and absolute.  It is the case however that leases will often contain other obligations requiring a party to “endeavour” to achieve something and this can lead to uncertainty as to just how far a party has to go in order to … Continue reading Endeavouring to Endeavour

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Advice for Landlords looking to carry out works in a building where there are already tenants occupying parts of the premises.

A Landlord looking to undertake works, whether of repair or redevelopment, to a building which is let should first check the terms of any relevant occupational leases to ensure that they reserve all rights required by the landlord to do the works being proposed.  If sufficient rights are not reserved the landlord will not be … Continue reading Advice for Landlords looking to carry out works in a building where there are already tenants occupying parts of the premises.

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The Importance of Service – Don’t Double Fault

Errors in service may invalidate a notice.  It is vital that any notice that you are required to serve is served effectively.  Service of a notice is a key step (in many instances the primary step) in creating, exercising maintaining or terminating legal rights. Prior to service you should always check the Lease or contract … Continue reading The Importance of Service – Don’t Double Fault

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Property Implications from Brexit

June 27, 2016

Following the outcome of last week’s EU Referendum there will undoubtedly be a period of uncertainty among home owners, buyers, investors, landlords and developers. Many voices in the residential market still expect to see growth in the housing market. An interest rate cut by the Bank of England is now more likely than a rate … Continue reading Property Implications from Brexit

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Tenancy Deposit Scheme Northern Ireland

May 6, 2016

The Tenancy Deposit Scheme was introduced in Northern Ireland on 1 April 2013 under The Tenancy Deposit Schemes Regulations (Northern Ireland) 2012. This requires all landlords who take a deposit for a private tenancy on or after 1 April 2013 to register the deposit with an approved tenancy deposit scheme. Under Sections 7 & 8 of the … Continue reading Tenancy Deposit Scheme Northern Ireland

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Landlord Registration Scheme

All landlords of properties which are rented out to tenants in Northern Ireland must register their details. Any property owners who fail to comply with the scheme may face a fine of up to £2,500.00. All landlords of properties let under a private tenancy in Northern Ireland will have to register their details and the details of … Continue reading Landlord Registration Scheme

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CO-HABITATION: What to do in the Event of Separation

April 26, 2016

The Office of National Statistics has stated that co-habiting couple families are the fastest growing type of family in the UK. Co-habitation means living together outside marriage or civil partnership. There are various legal consequences of co-habiting and you should seek professional legal advice if you are considering entering into a co-habitation relationship, already living … Continue reading CO-HABITATION: What to do in the Event of Separation

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Standard of Fitness Required for Private Tenancies

April 18, 2016

In 2007 the Private Tenancies (NI ) Order 2006 introduced a framework for the provision of good quality housing in the private rented sector in NI. It also removed restrictions on the development of good quality privately rented housing and provided that protected tenants would retain their security of tenure. Fitness Inspections Under the 2006 … Continue reading Standard of Fitness Required for Private Tenancies

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Private Tenancies Guidance and Information Series

April 8, 2016

NO 8 – REPAIR OBLIGATIONS As part of our series on Private Tenancies, in this edition we look at the repair obligations of both the landlord and tenant. The responsibilities for repairs should be agreed by the landlord and tenant and set out in the Tenancy Agreement and the Statement of Tenancy Terms. The landlord … Continue reading Private Tenancies Guidance and Information Series

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Claiming Appurtenant Rights and Burden Easements through the Land Registry

April 7, 2016

Appurtenant rights are rights which are attached to land and benefit it in some way, such as a right of way over a piece of neighbouring land. In contrast, burden easements restrict the use of a piece of land in some way. Under Schedule 5 of the Land Registration Act (NI) 1970, appurtenant rights and … Continue reading Claiming Appurtenant Rights and Burden Easements through the Land Registry

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Assembly approval of the Regional Rates Order 2016

April 1, 2016

The Northern Ireland Assembly has approved the Regional Rates Order 2016, which fixes the amounts of the regional domestic and non-domestic poundage used for the next financial year.  For 2016-17, both the domestic and non-domestic regional rate in Northern Ireland will be frozen in real terms by uplifting it only in line with inflation by … Continue reading Assembly approval of the Regional Rates Order 2016

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Landlord Responsibilities

March 31, 2016

Renting out property is an occupation in itself and as a landlord you have certain responsibilities to your tenant. This article provides a brief discussion of the issues worth considering.   Legal documentation The Landlord must supply all tenants with a Rent Book and a Statement of Tenancy Terms. Failure to supply either of these … Continue reading Landlord Responsibilities

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PRIVATE TENANCIES GUIDANCE AND INFORMATION SERIES; NO 4 – TENANTS RESPONSIBILITIES

As part of our series in Private Tenancies, in this edition we look at the responsibilities of tenants. When you are a landlord or tenant, it is vital that you are aware of your legal rights and obligations.  The law protects both parties and does not permit you to take the law into your own … Continue reading PRIVATE TENANCIES GUIDANCE AND INFORMATION SERIES; NO 4 – TENANTS RESPONSIBILITIES

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Budget 2016- Commercial Stamp Duty Changes Announced:

March 18, 2016

The Chancellor, in the budget update (16/03/2016), has extended his reform for residential property to the commercial sector by overhauling commercial stamp duty land tax . A zero rate band has been introduced and the new rates apply from midnight tonight increasing SDLT on the highest value commercial property , while cutting it lower down. New SDLT … Continue reading Budget 2016- Commercial Stamp Duty Changes Announced:

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Sellers Beware: Fraudulent misrepresentations in pre-contract enquiries

March 14, 2016

In the very recent case of Greenridge Luton One Ltd & Anor v Kempton Investments Ltd [2016] EWHC 91 (Ch) (22 January 2016) the buyer rescinded the property contract shortly before completion after discovering fraudulent misrepresentations in the seller’s replies to enquiries (CPSEs). The Court found that (i) the replies to the CPSEs provided to … Continue reading Sellers Beware: Fraudulent misrepresentations in pre-contract enquiries

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Types of Private Tenancy in Northern Ireland

March 1, 2016

The private rented sector is made up of houses or property not owned by the Northern Ireland Housing Executive or by a registered Housing Association. The private rented sector plays an important role in the Housing need of a large number of people in Northern Ireland.  The current demand for privately rented property in Northern … Continue reading Types of Private Tenancy in Northern Ireland

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Charities warn over consultation to end NI Rates Bill Exemption

February 19, 2016

Rates are property taxes paid by householders and businesses, however premises occupied by a charity and used for charitable purposes are usually exempt from paying rates in Northern Ireland. Charities are now concerned that an official consultation has questioned whether or not that exemption should come to an end and if Northern Irish charities should … Continue reading Charities warn over consultation to end NI Rates Bill Exemption

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Step By Step Guide for First Time Buyers

February 17, 2016

1. The first step is to make an Offer to Purchase on a property.  The estate agent will then inform you if offer has been accepted. 2. Instruct Cleaver Fulton Rankin to act on your behalf and inform the estate agent. 3. Make Appointments with Mortgage Advisers to get your Mortgage Approved. 4. Your Lender will … Continue reading Step By Step Guide for First Time Buyers

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Investors and Landlords take note – Changes to SDLT coming into effect 1 April 2016

February 16, 2016

Higher rates of Stamp Duty Land Tax (SDLT) for purchases of additional residential properties, such as second homes and buy-to-let properties are coming into effect from 1 April 2016. HMRC has confirmed that the changes will apply to all completions that take place on or after 1 April 2016, but contracts that have been entered … Continue reading Investors and Landlords take note – Changes to SDLT coming into effect 1 April 2016

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RATES (AMENDMENT) ACT (NORTHERN IRELAND) 2016 AWAITING ROYAL ASSENT

February 10, 2016

The Department of Finance and Personnel have introduced a Bill to amend the Rates (Northern Ireland) Order 1977.   The new enabling powers will allow the Department to put community sports on the same footing as community halls by granting 100% rate relief to unlicensed club premises and associated sporting facilities (80% sport and recreation … Continue reading RATES (AMENDMENT) ACT (NORTHERN IRELAND) 2016 AWAITING ROYAL ASSENT

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Interest Rates kept on hold

February 4, 2016

Policymakers at Bank of England have voted unanimously to keep interest rates on hold in February with forecasts now indicating it’s likely the UK’s record low interest rates will continue for another year. The Governor of the BoE, Mark Carney had suggested last summer that the issue of interest rate rises would come into sharper … Continue reading Interest Rates kept on hold

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Business as usual for landlords – Right to Rent checks have not yet reached NI

February 1, 2016

As of February 2016 landlords in the rest of the UK will face financial penalties and prosecution if they rent to someone who does not have a legal right to be in the UK.  Given that this provision of the Immigration Act 2014 has not yet reached us, local landlords are presently unaffected. Characteristic of … Continue reading Business as usual for landlords – Right to Rent checks have not yet reached NI

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First time buyers take note, help to buy ISA is now operational

January 28, 2016

The help-to-buy ISA initiative , unveiled in Chancellor George Osborne’s budget last Spring, came into force in December 2015.  The initiative will benefit  first-time buyers, although it is also possible to  open one of these ISAs  if you are buying a property with someone who isn’t a first time buyer, though the non first time … Continue reading First time buyers take note, help to buy ISA is now operational

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Consultation on Northern Ireland’s Non-Domestic Rating System

January 21, 2016

A discussion document on the matter of the Non-Domestic Rating system has been published to seek views on the future direction of business rates within Northern Ireland.  The review also seeks views on alternative forms of business taxation as either replacements or supplements to the current rating system. By way of background, business rates are … Continue reading Consultation on Northern Ireland’s Non-Domestic Rating System

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Should you take a leap on to the Property Ladder?

Let the Statistics speak for themselves. With faith being restored in the Property market the Office for National Statistics shows that House Prices in Northern Ireland have increased by 4.6% over the year to November 2015, with the average to reach £158,000.00. What’s more is the property prices remain below the pre-recession records back in … Continue reading Should you take a leap on to the Property Ladder?

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Consultation on private rented sector

December 11, 2015

A discussion document on the matter of the private rented sector has been published to seek views on how the sector can be made a more attractive and viable housing option.  The private rented sector has seen considerable growth over the past number of years as well as an increased government focus on how the … Continue reading Consultation on private rented sector

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Pay for what you break

December 9, 2015

In May 2014 the English Court of Appeal overturned in Marks and Spencer plc –and- BNP Paribas Securities Services Trust Company (Jersey) Limited and Anr (2014) EWCA Civ 603, an earlier High Court decision, ruling that the Lease under review read as a whole against the relevant background, would not reasonably be understood to include … Continue reading Pay for what you break

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Registration of land and property within Northern Ireland

November 9, 2015

Land & Property Services holds three separate registries Land Registry, which maintains a record of map based registrations in Northern Ireland and guarantees legal title Registry of Deeds, a system of registering documents which relate to unregistered land Statutory Charges Register, a system which allows buyers to check if a property is affected by certain … Continue reading Registration of land and property within Northern Ireland

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Carbon Monoxide Awareness for Homeowners and Landlords

November 3, 2015

November is Northern Ireland’s Carbon Monoxide Awareness Month, developed by members of the Northern Ireland Carbon Monoxide Safety Group. Carbon Monoxide Awareness Month aims to remind people to stay safe in their homes against carbon monoxide poisoning by:- Making sure that boilers and fuel burning appliances are serviced annually by a registered engineer. Having chimneys … Continue reading Carbon Monoxide Awareness for Homeowners and Landlords

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NOTE ON THE APPORTIONMENT OF RENT UNDER OCCUPATIONAL LEASES AND THE VAT TREATMENT THEREOF

October 20, 2015

When selling a property that is subject to Occupational Leases, it is necessary to consider the apportionment of rent due under those leases. Unless completion corresponds with the last day of a rent payment period, the Seller will therefore have received rent , for a period which extends beyond the completion date. Therefore, on completion … Continue reading NOTE ON THE APPORTIONMENT OF RENT UNDER OCCUPATIONAL LEASES AND THE VAT TREATMENT THEREOF

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Effect of new SDLT regime on Multiple Dwellings Relief

September 24, 2015

The changes announced at the end of last year to the calculation of stamp duty land tax (SDLT) for residential properties also modify the way in which SDLT is calculated when claiming Multiple Dwellings Relief (MDR). This article will explain how MDR works, how it interacts with the new system and why it is not … Continue reading Effect of new SDLT regime on Multiple Dwellings Relief

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Purchasing an Apartment – Points to Consider

With an increased number of apartment developments in Northern Ireland over recent years many purchasers find that apartment living suits their lifestyle. There are however a number of issues to consider prior to the purchase of a property within an apartment scheme. Ownership Purchasing a stand alone house generally means you purchase the entire structure … Continue reading Purchasing an Apartment – Points to Consider

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Do I Need a Homebuyers’ Survey as Purchaser?

This is often a question asked by clients purchasing a home and whilst we would answer ‘Yes’ in chorus as property practitioners the statistics suggest that the majority of Purchasers do without to save time or money! Clients often presume that a survey isn’t needed where a Lender is involved – since the mortgage provider … Continue reading Do I Need a Homebuyers’ Survey as Purchaser?

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Drafting Heads of Agreement for Development Transactions

September 21, 2015

It is important at the outset of development transactions for the parties to define what is involved as best as possible in the initial Heads of Agreement. There are a number of issues which the parties should have in mind when drafting Heads of Agreement. These are as follows:- Ensure that all major points are … Continue reading Drafting Heads of Agreement for Development Transactions

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NORTHERN IRELAND HOUSE PURCHASE LENDING AND REMORTGAGE FIGURES INCREASE IN SECOND QUARTER OF 2015

September 15, 2015

The Council of Mortgage lenders (CML) have released data showing the characteristics of lending in Northern Ireland in the second quarter of 2015. CML have confirmed that house purchase activity increased in the second quarter of this year, in both the number of loans and the amount borrowed, although there was a decline in activity … Continue reading NORTHERN IRELAND HOUSE PURCHASE LENDING AND REMORTGAGE FIGURES INCREASE IN SECOND QUARTER OF 2015

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Landlord and Tenant, who is responsible for rates?

September 10, 2015

Articles 20 and 21 of the Rates (Northern Ireland) Order 1977 (as amended) state that the following parties are legally responsible for the payment of rates on rental homes, regardless of the tenancy agreement details.   Domestic properties   Capital Value* Who pays? £0 – £150,000.00 Owner (landlord) £150,001.00 and above Occupier (tenant)     … Continue reading Landlord and Tenant, who is responsible for rates?

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Septic Tanks and Consent to Discharge

Under the Water (Northern Ireland) Order 1999 permission must be granted by the Department of the Environment for all domestic and non domestic septic tanks which are not connected to the public sewer. This is so that the DOE can monitor and keep a register denoting whether the discharge is passing into rivers or being … Continue reading Septic Tanks and Consent to Discharge

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RENT DEPOSITS AND COMMERCIAL LEASES

September 7, 2015

Its Sod’s Law that just as new start ups require all the financing and capital they can get hold of, the Landlord will produce a Rent Deposit Deed before granting a Lease. In this scenario some points to note are as follows:- The Rent Deposit Deed is usually entered into between the Landlord and the … Continue reading RENT DEPOSITS AND COMMERCIAL LEASES

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HELP FOR FIRST TIME BUYERS: Government’s new Help to Buy ISA

April 10, 2015

The new Help-to-buy ISA initiative, unveiled in Chancellor George Osborne’s budget last month, is aimed at helping first time buyers by assisting them in saving towards a larger deposit. The new initiative will benefit first-time buyers, although it is also possible to open one of these ISAs if you are buying a property with someone who isn’t a … Continue reading HELP FOR FIRST TIME BUYERS: Government’s new Help to Buy ISA

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Deadline for Landlord Registration Scheme

February 20, 2015

All landlords of properties which are rented out to tenants in Northern Ireland must register their details by the 25 February 2015. Any property owners who fail to comply with the scheme may face a fine of up to £2,500.00. All landlords of properties let under a private tenancy in Northern Ireland will have to register … Continue reading Deadline for Landlord Registration Scheme

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Why Co-ownership?

January 29, 2015

Northern Ireland Co-ownership Housing Association (NICHA) is an organisation who aims to help those who are unable to afford full mortgages, get on the property ladder. The Purchasers decide on the property they would like to buy and also decide on their ‘starter share’ which is anywhere between 50% to 90% equity. You can then start to buy … Continue reading Why Co-ownership?

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RESIDENTIAL PROPERTY PRICES CONTINUE TO INCREASE

December 19, 2014

On 19 November 2014 Land & Property Services assisted by the Northern Ireland Statistics & Research Agency released the Residential Property Price Index report for Quarter 3 2014. The Index measures change in the price of residential property sold in Northern Ireland. The Index uses stamp duty information on residential property sales recorded by Her Majesty’s … Continue reading RESIDENTIAL PROPERTY PRICES CONTINUE TO INCREASE

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Autumn Statement on Stamp Duty Land Tax Reform (SDLT) welcomed by Homebuyers

December 4, 2014

The residential property sector has reacted positively to the Chancellor’s SDLT reform welcoming the news that over 90% of homebuyers will see an SDLT reduction. Previously homes worth up to £125,000 were exempt from SDLT but for homes in excess of £125,000, homebuyers would pay a single rate for SDLT on the entire value of the property depending … Continue reading Autumn Statement on Stamp Duty Land Tax Reform (SDLT) welcomed by Homebuyers

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Costs to consider when buying your new home

October 31, 2014

Land Registry Fees In Northern Ireland there are two types of registration system. These are Land Registry and Registry of Deeds. Once you complete your purchase of your new property we will carry out registration formalities at the Land Registry or Registry of Deeds on your behalf. This involved registering you as the new owner of the property … Continue reading Costs to consider when buying your new home

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Conveyancing Process from Start to Finish

An explanation for First Time Buyers 1. The first step is to make an Offer to Purchase on a property, the estate agent will then inform you if offer has been accepted. 2. Instruct Cleaver Fulton Rankin to act on your behalf and inform the estate agent of this 3. Make Appointments with Mortgage Advisers to … Continue reading Conveyancing Process from Start to Finish

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Law on dilapidated buildings to be reviewed

October 24, 2014

Environment Minister Mark H Durkan has issued a Discussion Document entitled “Environmental Legislation – Dilapidated/Dangerous Buildings and Neglected Sites”. The Minister is reviewing the law to help councils deal with properties that become a blight on the landscape. Mark Durkan said: “I am taking action on a number of fronts to tackle eyesore buildings, neglected sites, decay and … Continue reading Law on dilapidated buildings to be reviewed

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Increase in residential development planning applications

The provisional Northern Ireland Planning Development Management Statistics April – June 2014 was published on 25 September 2014 and report shows the first quarter-on-quarter increase in planning applications received since quarter three 2009/10 and is the highest number of planning applications received in quarter one since 2011/12. However, while some of this increase may be attributable to improving economic … Continue reading Increase in residential development planning applications

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Leases and Licences

October 23, 2014

Leases create legal interests in land. They create a contractual relationship between a landlord and tenant, and therefore must satisfy the principles of contract law. ¹ Case law indicates that there should be ; • An intention to create legal relations; • The tenant has exclusive possession of the land; • It is for a fixed … Continue reading Leases and Licences

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Compensation under Business Tenancies (NI) Order 1996

In certain circumstances compensation is paid under the Business Tenancies NI Order 1996, for example , where the Landlord has served a Notice to Determine. A Landlord may terminate a tenancy by service of a Notice to Determine under Article 6 of this Order. This notice cannot be served more than 12 or less than 6 … Continue reading Compensation under Business Tenancies (NI) Order 1996

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Liability for rates for vacant commercial properties – The impact on landlords and tenants

October 15, 2014

As of 1 April 2008, property which has been vacant for more than three months no longer receives relief from paying rates. After the initial relief period any vacant property with a rateable value of more than £2,599.00 is liable to pay full rates. The purpose of rates on vacant non-domestic property has been to encourage properties to … Continue reading Liability for rates for vacant commercial properties – The impact on landlords and tenants

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Stamp Duty Land Tax (SDLT) and Fixtures and Fittings

September 25, 2014

Stamp Duty Land Tax (SDLT) is charged on the price paid for land, which includes any buildings or fixtures. An item must be annexed to a property in order for it to be classed as a fixture to the land, and therefore taxable. In most cases there is emphasis placed on the purpose as well as the … Continue reading Stamp Duty Land Tax (SDLT) and Fixtures and Fittings

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RESIDENTIAL MORTGAGE LENDING AND JAPANESE KNOTWEED

Japanese Knotweed is an invasive species of plant which can cause damage to properties if left untreated, particularly with drains and other buried services, paths and driveways,boundary/retaining walls, outbuildings, conservatories and gardens. Japanese Knotweed begins to grow in early spring and can grow in any type of soil, no matter how poor. It can grow as much as … Continue reading RESIDENTIAL MORTGAGE LENDING AND JAPANESE KNOTWEED

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ORDERS CHARGING LAND

September 19, 2014

An Order Charging Land is one of the Orders available to a creditor when enforcing a Judgment through the Enforcement of Judgments Office (EJO). To obtain an Order Charging Land, a creditor must have already lodged a full enforcement application and paid the fixed fee to the EJO, the fee being based on a sliding scale depending … Continue reading ORDERS CHARGING LAND

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RIGHT OF WAY BY PRESCRIPTION

August 21, 2014

  A recent High Court judgment gives useful guidance as to the requirements which must be met by a plaintiff who claims an easement by prescription. Land (‘the dominant land’) which does not adjoin a public highway requires a right of way to cross adjoining land (‘the servient land’) in order to get access from the road. … Continue reading RIGHT OF WAY BY PRESCRIPTION

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Issues arising upon the uptake of occupation prior to the formal completion of a Lease

July 11, 2014

The Judiciary have issued a warning to the legal profession with the decision in Xenakis and Corke v Birkett Long LLP [2014] EWHC 171 (QB). In this case the tenant company had agreed a twenty-year commercial lease with the landlord with two directors of the tenant company acting as guarantors for the first three years of the … Continue reading Issues arising upon the uptake of occupation prior to the formal completion of a Lease

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Grief for Tenants on the exercise of a break right: Court of Appeal

June 20, 2014

The Court of Appeal has provided landlords with some relief with their decision in Marks and Spencer PLC v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2014] EWCA Civ 603. This matter initially came before the High Court in 2013 and the decision was subsequently overturned by the Court of Appeal. In this case the … Continue reading Grief for Tenants on the exercise of a break right: Court of Appeal

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What can form part of a holding for the purposes of the Business Tenancies (Northern Ireland) Order 1996

April 16, 2014

In the case of Horne and Meredith Properties Limited –v- Cox and another (2014) we previously looked at the issue of opposition to renewal of the tenancy under article 12 (1) (c) of the Business Tenancies Order. The English Court of Appeal’s decision in Horne is also worthy of further comment with regard to the Courts consideration … Continue reading What can form part of a holding for the purposes of the Business Tenancies (Northern Ireland) Order 1996

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Opposing a business tenancy renewal – where the relationship between the Landlord/Tenant relationship has irretrievably broken down

Landlords should bear in mind the availability to them of a ground of opposition to the renewal of a tenancy under Article 12 (1) (c) of the Business Tenancies (Northern Ireland) Order 1996 (“the 1996 Order”) – “(c) that the tenant ought not to be granted a new tenancy in view of other substantial breaches by him … Continue reading Opposing a business tenancy renewal – where the relationship between the Landlord/Tenant relationship has irretrievably broken down

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Points to Note When Buying Tenanted Property

March 7, 2014

As the property sector continues to show signs of growth, tenanted property is still a popular investment and there are certain points which should be considered when buying a tenanted property, for example:-  The Buyer should provide a copy of the current Tenancy Agreement, together with confirmation as to whether there has been any change of tenant. … Continue reading Points to Note When Buying Tenanted Property

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High Hedges Act (Northern Ireland) 2011

The High Hedges Act (Northern Ireland) 2011 (“the Act”) came into force on 31 March 2012. If you are an owner or occupier of a domestic property and you feel that your reasonable enjoyment of the property is being adversely affected by the height of a hedge situated on land owned or occupied by another person then you … Continue reading High Hedges Act (Northern Ireland) 2011

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Tenancy Deposit Scheme Northern Ireland

February 17, 2014

The Tenancy Deposit Scheme was introduced in Northern Ireland on 1 April 2013 under The Tenancy Deposit Schemes Regulations (Northern Ireland) 2012. This requires all landlords who take a deposit for a private tenancy on or after 1 April 2013 to register the deposit with an approved tenancy deposit scheme. Under Sections 7 & 8 of the … Continue reading Tenancy Deposit Scheme Northern Ireland

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Landlord Registration Scheme

The Landlord Registration Scheme (Northern Ireland) Regulations 2014 With the passing of The Landlord Registration Scheme (Northern Ireland) Regulations 2014, landlord registration has now come to Northern Ireland and will commence from 25 February 2014. From that date, all private landlords will have to be registered under the Scheme and it will be an offence to dommence a … Continue reading Landlord Registration Scheme

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The Dos and Don’ts of buying a property at Auction

October 8, 2013

Thinking about buying a property at auction? In today‟s property market it is becoming more common for both residential and commercial properties to be sold by auction. It is generally viewed as a faster way to dispose of property, than the conventional route. As a first time buyer at a property auction, you can easily get caught up … Continue reading The Dos and Don’ts of buying a property at Auction

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Landlord and Tenant, who is responsible for rates?

October 4, 2013

Articles 20 and 21 of the Rates (Northern Ireland) Order 1977 (as amended) state that the following parties are legally responsible for the payment of rates on rental homes, regardless of the tenancy agreement details. Domestic properties Capital Value*                                     … Continue reading Landlord and Tenant, who is responsible for rates?

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ENERGY PERFORMANCE CERTIFICATES

August 8, 2013

  Energy Performance Certificates (“EPCs”) were introduced to comply with the European Directive 2002/91/EC on energy efficiency. The relevant legislation for Northern Ireland is The Energy Performance of Buildings (Certificates and Inspections) Regulations (NI) 2008 (“the Regulations”). The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (NI) 2013 now require the Energy Performance Indicator to be stated … Continue reading ENERGY PERFORMANCE CERTIFICATES

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The lofty heights of Buidling Regulations

May 9, 2013

Whilst most people understand Building Control approval is required for the construction or structural alteration of an existing property, itis also necessary for home improvements like cavity wall insulation, loft insulation or central heating alterations such as a change from oil to natural gas. We are all being encouraged to become more energy efficient and reduce our carbon footprint. The Energy Savings Trust … Continue reading The lofty heights of Buidling Regulations

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