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Ruth

The future of home ownership: commonhold to replace leasehold under major reforms?

March 11, 2025/in Uncategorized /by Ruth

The UK government has recently announced a shift in property ownership, marking the beginning of the end for the out-dated leasehold system. Under these proposed reforms, commonhold will be reinvigorated and made the default tenure for flats, ensuring homeowners have full control over their properties.

What’s Changing?

  • Ban on new leasehold flats – The government will prohibit new leasehold flats, ensuring future homeowners are not burdened by ground rent.
  • Empowering homeowners – Commonhold will give homeowners a stake in the ownership of their building, removing the power imbalance that currently exists under leasehold.
  • Greater control and security – Homeowners will no longer be subject to the whims of freeholders and managing agents.

A Fairer System for Homeowners

Unlike leasehold, where homeowners effectively rent their property from a freeholder for a fixed term, commonhold grants full ownership. This means:

  • No ground rent – Homeowners will not have to pay escalating fees just to live in their own property.
  • Self-management – Residents will have control over how their buildings are run, including maintenance and service charges.
  • No expiry date – Commonhold properties do not revert back to a landlord after a set period.

What This Means for Existing Leaseholders

While the ban on new leasehold flats is a major step forward, millions of existing leaseholders are still affected by unfair terms. The government is pushing ahead with reforms to:

  • Make it easier and cheaper to buy a freehold or extend a lease.
  • Strengthen protections against unfair service charges.
  • Improve regulation of managing agents.
  • Reform forfeiture laws to prevent homeowners from losing their property unfairly.

Next Steps

Later this year, the government will publish a Bill setting out the full legal framework for reformed commonhold. A consultation on banning new leasehold flats will also take place to determine the best approach.

If you are looking to buy or sell a leasehold property in England and Wales, then please call us on 01267 237441 or email us at mail@utk.co.uk to speak to one of our experienced property solicitors.

Ruth

UK Housing Market Kicks Off 2025 with a Bang

February 18, 2025/in Uncategorized /by Ruth

The UK housing market has surged into 2025 with a record number of new sellers entering the market since Boxing Day last year. According to the property website Rightmove, the number of homes listed for sale is up 11% compared to last year, reflecting renewed confidence despite ongoing uncertainty surrounding interest rates and stamp duty changes.

Market Highlights

  • Property Prices on the Rise: The average asking price for properties has climbed 1.7% this month, reaching £366,189—the highest January increase since 2020.
  • Growing Buyer Interest: Buyer inquiries have risen by 9% year-on-year, with the number of agreed sales also up by 11%.
  • Increased Competition Among Sellers: With the highest number of available listings per estate agency branch in a decade, sellers are keen to attract New Year buyers. However, overpricing may lead to properties lingering on the market.

Interest Rates & Stamp Duty: What’s Next?

Falling inflation has raised expectations for interest rate cuts in 2025, potentially making borrowing more affordable. However, mortgage rates remain relatively high, with the average five-year fixed mortgage at 4.75%.

From April this year, changes to stamp duty land tax will affect buyers of properties in England only, particularly in pricier areas. While first-time buyers in lower-cost regions may see little impact, those purchasing above the new £300,000 tax-free threshold could face higher costs.

What This Means for Buyers & Sellers

Rightmove predicts a 4% increase in asking prices and 1.15 million transactions in 2025. However, market conditions will be shaped by the Bank of England’s rate decisions and economic developments, both in the UK and globally.

If you’re considering buying or selling property this year, our expert team of property solicitors are here to guide you through the process. Please contact us on 01267 237441 or email us at mail@utk.co.uk.

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Bank of England Cuts Interest Rates to 4.75% – What It Means for Homeowners and Borrowers

November 21, 2024/0 Comments/in Uncategorized /by (suspended) UTK_Up289

The Bank of England has lowered its base interest rate from 5% to 4.75%, marking the second rate cut in 2024. The previous reduction in August ended more than four years of steady or rising rates. Despite these adjustments, borrowing costs remain challenging for many households as the UK navigates an environment of high interest rates compared to the last decade.

Impact on Mortgages

Interest rates directly influence mortgage repayments, credit card costs, and savings rates for millions across the UK. Here’s what the latest rate cut means for different mortgage types:

  • Tracker Mortgages:
    Around 600,000 homeowners have tracker mortgages that are linked to the Bank of England’s base rate. These homeowners will benefit immediately from the reduction, with monthly repayments decreasing.
  • Fixed-Rate Mortgages:
    Over 80% of mortgage holders are on fixed-rate deals. While their payments remain unaffected for now, the rate cut could influence pricing for future deals. However, fixed mortgage rates remain high:
    • Average two-year fixed rate: 5.42%
    • Average five-year fixed rate: 5.13%

Challenges for Borrowers

Many fixed-rate mortgage holders who locked in at historically low interest rates are nearing the end of their deals. About 800,000 fixed-rate mortgages with interest rates of 3% or lower are set to expire annually through 2027. These borrowers face significantly higher costs when remortgaging, reflecting the increased rates in today’s market.

Broader Considerations

Although the base rate cut is a positive signal, its impact on fixed-rate mortgage pricing may be limited in the short term. Factors such as market reactions to the Budget and global economic events continue to play a significant role in determining lending rates.

Looking Ahead

Borrowers should closely monitor the market and seek financial advice to navigate this evolving landscape. While rate cuts provide some relief, the era of ultra-low mortgage rates appears to be over, at least for now. Planning ahead is essential, especially for those approaching the end of their fixed-rate terms.

The inflation rate rose by more than expected to 2.3% last month, and this raises the question as to whether the Bank of England will put future interest rate cuts on hold until the inflation rate drops back under 2%, or whether it will continue to cut rates to stimulate a faltering economy still reeling from the Labour government’s recent tax increases.

Whether you are purchasing a new home or navigating a remortgage, please contact our expert team of property lawyers by telephoning 01267 237441 or emailing us at mail@utk.co.uk.

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Autumn 2024 Budget: Key Changes

November 7, 2024/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Autumn 2024 Budget: Key Changes in Stamp Duty Land Tax and Inheritance Tax

The Labour Government’s recent autumn budget announcement, led by Chancellor Rachel Reeves, has outlined extensive changes affecting various tax areas. From Stamp Duty Land Tax to Inheritance Tax, these changes will impact a wide range of people, including bereaved families, business owners, and agricultural landowners. In this article we will provide a brief summary of the tax changes for those buying/selling property and estate planning.

Stamp Duty Land Tax

For properties in England, the Government has announced a 3% increase in the Stamp Duty Land Tax surcharge for second homes, raising it from 2% to 5%. This change applies to existing homeowners purchasing additional properties valued at £40,000 or more.

Whilst this rise will impact the rental market, for other property buyers, there was no mention of freezing the stamp duty thresholds and they will increase from the end of March 2025.

The Land Transaction Tax thresholds for properties in Wales remains unchanged.

Capital Gains Tax

In a move to increase government revenue, the budget also includes notable changes to Capital Gains Tax rates. This tax applies to the profit made from selling assets such as property or investments.

Currently, basic-rate taxpayers face a 10% tax liability (or 18% on residential property), while higher-rate taxpayers pay 20% (or 24% on residential property). Under the new budget, Capital Gains Tax rates will rise from 10% to 18% for lower earners and from 20% to 24% for higher earners. However, primary residential properties will continue to be exempt due to Private Residence Relief.

Inheritance Tax

Inheritance Tax remains a focal point, although only about 4% of estates currently exceed the tax-free threshold. Presently, each individual has an inheritance tax allowance of £325,000, with amounts over this threshold taxed at 40%. The budget extends these thresholds through to 2030, leaving future rates open to potential revision. A noteworthy addition is that, starting in April 2027, inherited pensions will also be subject to Inheritance Tax.

Business Relief and Agricultural Property Relief on Inheritance Tax

From April 2026, reform measures will change the application of Business Relief and Agricultural Property Relief under Inheritance Tax. While the first £1 million of agricultural and business assets will remain tax-free, any value exceeding this threshold will incur an effective 20% tax rate. This adjustment may significantly impact agricultural landowners and business owners whose estates exceed the exemption cap.

If you would like to discuss any of the above changes with one of our experienced solicitors, then please call us on 01267 237441 or email us at mail@utk.co.uk.

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Could Wales Soon Emulate England’s New Housing Laws?

September 19, 2024/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Recently, the UK Government unveiled the Renters’ Rights Bill, a transformative piece of legislation aimed at reshaping England’s private rental sector. This landmark bill, expected to come into effect in 2025, promises to offer tenants greater protection. But what does this mean for Wales? Could we see the Welsh Government adapt its laws to match England’s evolving rental landscape?

Let’s delve into the key differences this proposed legislation would create between England and Wales.

Tenant Protection: A Key Difference

If the English bill is passed in its current form, landlords will be restricted from regaining possession unless specific grounds apply. This change essentially creates unlimited tenancies if tenants wish to remain and none of the stipulated grounds for eviction exist.

In contrast, landlords in Wales enjoy greater flexibility. Although they must wait six months before reclaiming possession, they don’t need a specific reason, providing more control over their properties. However, the process is not without challenges—one small mistake in issuing notices can result in costly delays.

Fixed-Term Tenancies: A Safety Net for Landlords

Another significant difference between the two nations lies in the concept of fixed-term tenancies. In Wales, landlords can still offer these contracts, allowing them to plan ahead with a guaranteed income. In England, however, their abolition could create uncertainty, as tenants may choose to leave on short notice, disrupting rental income streams and potentially making buy-to-let mortgage lenders nervous about future risks.

Rent Bidding Wars: A Rising Concern?

While bidding wars aren’t common practice in most of Wales, some areas might be experiencing this trend, particularly in high-demand markets. The proposed English legislation seeks to curb this practice, though it could be argued that more government action is needed to increase housing supply and ease pressure on the rental market. In Wales, rent levels are currently dictated by market forces, providing a more balanced approach.

Final Thoughts: Wales vs. England

If the Renters’ Rights Bill becomes law in England, the differences between English and Welsh housing regulations will be more pronounced than ever. While England will see stricter rules on tenant evictions, fixed-term tenancies, and rent arrears, Wales maintains more landlord-friendly policies, offering flexibility and control.

For now, landlords in Wales can breathe a sigh of relief, but it’s anyone’s guess whether the Welsh Government will follow suit with similar changes in the future.

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Where’s your Will?

September 3, 2024/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Every adult with property or with other assets of more than a couple of thousand pounds should make a Will and register it.

Without a Will, the state directs who inherits and often this will not be the persons who you would want or expect. This is particularly the case if you are not married or in a civil partnership, but equally if you are in such a relationship and have significant assets, rules which apply are very unlikely to have the result you would want. A Will is vital if you have children or other dependants who may not be able to care for themselves.

Once you have decided upon making a Will, you may be tempted to use an online Wills service or a ‘do-it-yourself’ pack. There are many pitfalls in this approach as opposed to using a solicitor.

Solicitors are governed by legislation, regulated and subject to many years of training to qualify. Most solicitors operate on the basis of a personal service and are required to check that you understand what you are doing and that you are not being bullied or forced into the arrangements which you are making. Your solicitor should be able to offer a personal, quality service and to provide advice ranging from tax considerations to preserving assets from care charges, looking to the best way of carrying out your wishes.

If you do not make a Will through your local solicitor, there will often be the uncertainty after your days as to whether you did or did not make a Will, and this can lead to expensive enquiries having to be carried out after your days by whoever is sorting matters out, and also to the risk of it being discovered at the end of the day that someone else is entitled to the assets or property to the person who thought they were, which can lead to costly and upsetting disputes.

The cost of making a Will properly through a solicitor is almost certain to be outweighed by the peace of mind that comes from knowing that your wishes have been put into a legally valid document and saving your family the additional costs which are almost certain to be faced in any situation where there is no Will or where there is uncertainty over whether there is a Will and where it might be.

If you would like to know more about making a Will and the costs involved please contact Adam Bruce or Ceri Davies on 01267 237441.

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Selling your property – Why you should instruct a solicitor early

July 25, 2024/0 Comments/in Uncategorized /by (suspended) UTK_Up289

When selling a property, most sellers will wait until they have an accepted offer before they obtain a conveyancing quote from a solicitor. You may not realise that much of the legal and administrative work can begin before you find a buyer.

Here are some of the early considerations that merit instructing a solicitor early:

1. Proving your identity

Your solicitor is required by law to carry out identification checks on you as a seller to satisfy the money laundering regulations. For example, is your passport or driving licence up to date and can you readily produce a recent utility bill or bank statement?

2. Property Information

Your solicitor will need to send you numerous forms asking questions about the property. These are quite lengthy and need to be completed as fully as possible. The information you provide will help your solicitor identify questions and issues that will be raised by your buyer’s solicitor throughout the process. Early instruction allows your solicitor to identify potential problems which can hopefully be dealt with in advance.

3. Dealing with missing documents

Missing documents is a frequent cause of delay which will hinder the progress of your sale. There are many certificates and documents relating to the property that you may need to produce to the buyers. Typical examples of these are window/door installation certificates, solar panel documents, electrical, central heating and a host of different guarantees and warranties. Do you know where these are and have you still got them? If one or more of these documents are missing, your solicitor will advise you how to rectify the situation and save time later in the process.

Our team of experienced property solicitors would be pleased to assist you with any queries you may have about the conveyancing process. Please call us today on 01267 237441 or email us at mail@utk.co.uk.

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Increase in Court fees

July 11, 2024/0 Comments/in Uncategorized /by (suspended) UTK_Up289

As of 1st May 2024, there has been an increase in 172 court fees. These increases have been brought in to raise additional revenue for the Ministry of Justice in view of inflation and to try and minimise the costs to general taxpayers in light of the increasing costs that the courts are facing.

The most notable Family Court fees that have increased:

  • Applications for a financial remedy order – increasing from £275 to £303.
  • Applications for a financial remedy consent order – increasing from £53 to £58.
  • Applications for an order under the Children Act 1989 (e.g. for a Child Arrangements Order) – increasing from £232 to £255.

The divorce application fee will not be increased, remaining at £593, with the Ministry of Justice acknowledging that the underlying service has fairly recently been simplified, with digitalisation and the implementation of the no-fault process.

A full list of the changes to Court fees can be found on the GOV.UK website.

As is already the case, where there is financial difficulty in paying the Court fee, it remains possible to apply for help with Court fees.

The Government has confirmed that court fees would now be updated on a routine basis every two years to account for changes in costs and inflation. The next review will take place 2025/2026 with a view to any changes in Court fees being implemented in 2026.

Here at Ungoed-Thomas & King, we offer a free initial 30-minute consultation, and if you would like to make an appointment to speak with our Family Solicitor Michelle Smith, please do not hesitate to contact us on 01267 237441 or email us at mail@utk.co.uk.

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General Election -v- Housing Market

June 24, 2024/0 Comments/in Uncategorized /by (suspended) UTK_Up289

The uncertainty of the outcome of the upcoming general election can influence decisions relating to all aspects of life, and many people will understandably wonder how this may affect property transactions.

When considering previous general elections, it comes as no surprise that there is generally a slow down in the number of property transactions due to buyers and sellers being hesitant to proceed with making such an important decision against an uncertain future.

However, despite the fact that mortgage rates are still generally high, the housing market remains buoyant, with steady increases of properties being sold. It is also pleasing to note that mortgage lenders’ fixed rates appear to be stable, for the time being.

What we know so far is that the Labour party has not yet announced their stance on stamp duty land tax, whereas the Conservative party are expected to keep the current thresholds for first time buyers. Furthermore, both of these parties currently remain silent on any potential changes to inheritance tax. It will therefore be a case of seeing what unfolds with the next government.

The reality is that the general election will not have an immediate impact on the housing market as neither the Conservatives nor the Labour party have a huge divide in any property-related policies which may throw the property market into turmoil or cause greater uncertainty.

Nevertheless, whilst there may inevitably be short terms fluctuations in prices and the number of properties on the market, the natural supply and demand of the property market will continue to be a driving factor in the property sector.

Our team of experienced property solicitors will be more than happy to discuss your purchase or sale. Please call us on 01267 237441 to speak to one of our property solicitors.

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CHRISTMAS AND NEW YEAR

December 23, 2022/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Ungoed-Thomas and King would like to wish everyone a very Merry Christmas and a Happy New Year

The office will be closed from 12 noon on 23rd December 2022 and we will re-open on Tuesday 3rd January 2023.

Hoffai Ungoed – Thomas a King ddymuno Nadolig Llawen a Blwyddyn Newydd Dda i bawb.

Bydd y swyddfa ar gau o 12 yp ar 23 Rhagfyr 2022. Byddwn yn ail-agor dydd Mawrth 3 Ionawr 2023.

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