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(suspended) UTK_Up289

Why does my Solicitor ask a lot of personal questions about the source of my deposit for my new house?

August 30, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Solicitors who deal with property transactions are at particular risk of being used by people to try to launder money – where criminals try to hide the proceeds of their crime.

Therefore if we are acting for you in a purchase transaction, we will need to be satisfied as to the source of the money that you intend to use to fund your purchase of the property. If you have inherited money from a relative, you could show us a copy of the estate accounts showing the sum you received or provide a copy of the bank statement showing where you deposited the money. If these are savings then a bank statement should suffice to confirm this.

We will also carry out due diligence to confirm your identity so will also ask you to provide photographic ID such as a passport or driving licence and also ID to confirm your address such as a recent utility bill or bank statement.

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Calling all Self Managing Landlords

August 26, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

If you are a self-managing Landlord, you will no doubt be aware that you have to be registered and licensed by 23rd November 2016. You may by now have undertaken the Rent Smart Wales training course and realised how rigorous the new regime will be and that the penalties for non-compliance can be substantial.

We can help and guide you through the maze of Landlord and Tenant legislation and help you draft the necessary compliant Tenancy Agreements. If things do not go as planned with your Tenant, we can also advise on the recovery of any rent arrears. We also offer fixed fees for the drafting and service of Notices to Quit on your tenant and can advise on how to start Possession proceedings in the County Court.

Please contact us on (01267) 237441 for a no obligation telephone call or initial 30 minute consultation.

 

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Conveyancing Searches – What are they for?

August 19, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

We are often asked by clients who are moving house whether they need to instruct us to undertake conveyancing searches.

As part of the home buying process we would normally carry out various searches in relation to the property you are purchasing or leasing.

The searches are undertaken and their results considered and reported on before we invite our clients to enter into a legal commitment. If any adverse issues arise from those search results, then these are clarified before we advise you to proceed.

However the information obtained from the searches does not reveal any aspects of the physical condition of the property – for this you should instruct a qualified surveyor to inspect the property and report to you on it.

Arguably, if you are a cash purchaser, you could instruct your solicitor not to undertake any searches at all. However this would be contrary to our advice and best practice. If you are obtaining a loan which is to be secured over the property, your lender will require a number of searches to be undertaken.

These are normally the following:

1. Local Authority search
Information provided by this search is provided by your Local Council and will reveal a variety of issues on a more local level which will include a history of any planning applications or building regulations applications, consents or refusals in relation to the property, public rights of way, footpaths and bridal paths, nearby road schemes, road adoption and any other issues in relation to the property in the records held by your Local Council.

2. Environmental Search
This reveals information in relation to contaminated land, flooding issues or problems and issues in relation to radon gas. It will also include a report on current and historical land uses in the vicinity which may have an impact on current or future saleability of the property which may affect your decision to proceed as a result of land contamination.

3. Energy and Water Search
The data provided in relation to this search is from the local water company in which the property is situated. It would normally reveal whether the property is connected to mains water supply and drainage, or whether the property has a private water supply and if it is reliant upon a septic tank or other private drainage arrangements in respect of both surface water and foul water from the property. It will also reveal the route and position of any drains, sewers or water mains in the vicinity and whether they pass through the property upon which we will be able to advise both the legal and practical implications of this affecting the use and enjoyment of the property.

There are a variety of other searches which we may undertake, depending upon the type of property that you are proposing to purchase or lease and where it is situated e.g. a Coal Mining Search or a Radon Gas Search. All the searches undertaken by Ungoed Thomas and King are done online to ensure the results are available as quickly as possible. We also obtain the searches direct from the data provider, as opposed to a personal search which is provided by an intermediary search company which will not be as comprehensive as the official search which we obtain on our clients behalf.

On receipt of search results we report to our clients enclosing a copy of the search result but also summarising and explaining its implications. If any issues arise from the search results, we will raise this with the current property owners’ legal representatives, so that before you enter into a legal commitment to purchase or lease the property you are fully aware of all legal and practical issues.

For further information in connection with the service that we can provide for our clients purchasing a property please contact our property team on 01267 237441.

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Conveyancing Quality Scheme (CQS)

August 15, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

We have just received notification that our reaccreditation application in respect of the Law Society’s Conveyancing Quality Scheme (CQS) – the mark of excellence for the home buying process – has been successful for another 12 months.

The re-accreditation process is a way of assuring residential home buyers and sellers and other stakeholders such as banks and insurers, that we have yet again met meet the requirements of the CQS protocol by following best practice and meeting the highest standards of client service and technical expertise.

For more information on the Law Society’s Conveyancing Quality Scheme, please visit www.lawsociety.org.uk/cqs

We are proud to be the only Law Practice in Carmarthenshire to have achieved CQS, WIQS – which is a mark of excellence in dealing with Wills and Probate matters and Lexcel – the Law Society’s Practice Management standard.

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Inheriting ISAs

August 9, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

Until recently, if someone died owning an ISA (Individual Savings Account) enjoying tax-free income and growth, that special tax status would be lost on their death. As a result of a change in the law, it is now possible for a husband or wife or civil partner to take over their other half’s ISA allowance, even if they did not inherit the ISA themselves. This means therefore that if, for instance, a person dies with £25,000 invested in ISA savings, their husband or wife or civil partner will be able to invest an additional £25,000 in an ISA above and beyond their own personal ISA allowance. Read more →

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Tell the Land Registry if you move house

August 4, 2016/0 Comments/in Uncategorized /by (suspended) UTK_Up289

We as a practice always advise our clients of the importance of keeping the Land Registry updated in the event of any change in correspondence address. When you purchase a property, your ownership of that property is registered at the Land Registry using your contact details at that time.

The likelihood is that in respect of any residential property, your address will be updated at the Land Registry when you move. However if you own business premises, agricultural land or investment property where you do not reside, it is vital that if you change address that you advise the Land Registry of your new contact details.

This has been highlighted recently in a case whereby a client did not keep the Land Registry updated when they moved house and have potentially lost the title to agricultural land that they owned as a result of an application being made by a third party. In such circumstances the Land Registry will write to the last known address of the registered owner to advise them of a claim. However our clients had already moved on and did not receive the very important correspondence from the Land Registry. If they had received it, they would have been in a position to challenge the third party’s claim against their land.

As they did not receive the notification, they now have to go to the expense and the stress of proving to the Land Registry that they did not receive the original correspondence in an attempt to overturn the Land Registry’s decision.

All applications made by third parties via the Land Registry will be notified to the registered proprietor by the Land Registry. However if your address is not up to date, then the Land Registry will not go any further than simply writing to your last known address.

Therefore, if you have moved house or are moving house, contact the Land Registry and advise them of any title numbers of which you are the registered proprietor so that the Land Registry can (free of charge) update their records. However if you would like to instruct us to do this on your behalf, please contact us and we will be happy to assist on (01267) 237441 or www.utk.co.uk

 

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