CPOs are used by public bodies to force property owners to sell their property and are often used when land is needed for a regeneration project.
They can also be used if properties are in a poor condition and pose a danger to the public or when the property is a listed building not being suitably cared for by the owner.
CPOs are also used where land is needed for a transport or infrastructure project. Recent examples of these include the Heathrow Expansion Project and the High Speed Two (HS2) railway. In the case of the Heathrow a Development Consent Order is being used which contains powers for the compulsory acquisition and temporary possession of land.
Properties affected by CPOs are entitled to compensation. The general principle is that the owner should not be any worse off after the sale than they were before. There is a Statutory Compensation Code that governs compensation for people affected by CPO.
There are occasions where people who are affected by CPOs are offered enhanced compensation offers. Enhanced compensation schemes can be time limited. The public body offering enhanced compensation often states that the compensation is only available if an agreement to sell is entered into by a specific date.
If an owner does not agree to sell, the public body will apply to the court for an order forcing the owner to sell the property. This is the final step taken if an agreement has not been entered into.
At MW Solicitors our expert property lawyers can advise you if your property is affected. Contact us if you have received any letters from a local authority about CPOs and you don’t understand what this means.
If you would like to talk to one of our specialist property solicitors call us on 020 3551 8500 or use our Contact Us form to arrange a callback at your convenience.
MW Solicitors are proud to be chosen as preferred solicitors for homeowners of properties being acquired as part of the Heathrow Expansion project.
We were selected because of our highly rated and reviewed service, our proximity to the area and the variety of languages spoken by our Team. We want to help those residents by offering high quality legal service and care and support through the somewhat stressful and emotional process.
We are briefed directly by Heathrow and fully appraised of the specific documentation used in the scheme. Choosing MW Solicitors means you appoint a solicitor who has a complete understanding of what the Compulsory Purchase Order procedures require. The Compulsory Purchase Order process is significantly different from the standard conveyancing process you can rest assured that our specialists are not going to complicate the process by a lack of experience in this specialised area.
Raavi is a highly rated solicitor with a caring, supportive approach who understands that this is an extremely emotive subject. Local residents have strong views about selling their homes and indeed some have done all they can to fight against the runway being permitted. Such residents need a Solicitor who understands their needs and who works tirelessly on their behalf to secure their future in their best interest.
Our Team is dedicated to helping residents to navigate the Compulsory Purchase Order process without stress, without worry and with ease after what has been a difficult time for most.
Raavi and the team based in our Ealing office offer a personal service to suit your needs. We offer clients access to our secure online portal allowing busy clients to share documentation and updates outside office hours home visits and local “clinics” offering personal guidance and advice.
If you are affected by the Heathrow Expansion Project or are concerned about the prospect of being served with a compulsory purchase order.
On 1 October 2018, the Government introduced new rules making changes to the licensing of Houses in Multiple Occupation (HMOs) meaning that more properties are now covered under the HMO scheme.
The Licensing of Houses in Multiple Occupation (England Order) 2018 revokes the previous Houses in Multiple Occupation (Prescribed Descriptions) (England Order) 2006 making mandatory HMO licensing applicable to smaller HMO properties which are only one or two storeys high.
The 2006 Order previously imposed regulation on properties over three stories high. Any property now with five or more people who form two or more separate households and meets the 2006 “standard” test, the “converted building” test or the “self contained flat” test will be caught.
Where a property subject to numerous tenancies, checks will need to made to see if:
At MW, our mission is "To make quality legal services accessible to everyone", including those landlords who may fall under the new HMO rules.
Our team of specialist Landlord and Tenant Solicitors recommend legal advice at an early stage to avoid falling foul of an increasingly complex regulatory regime. Don't delay, call us today on 0203 551 8500 or use our Contact Us form to tell us more about your case and arrange a callback.
New rules under section 14 of the Neighbourhood Planning Act 2017 came into force on 1 October 2018 which mean planning permission for the development of land may not be granted subject to pre-commencement conditions without the prior written agreement of the applicant.
Pre-commencement conditions are those conditions on a planning permission which must be fulfilled before work starts on site or before the use of land changes. Developers and landowners could refuse the imposition of pre-commencement conditions where they believe it is unwarranted or impractical.
Local Planning Authorities will have to give notice of their intention to attach pre-commencement conditions to a planning permission, setting out the text of the condition, the reason for it including an explanation why it is a pre-commencement condition and when a response from the applicant must be received by.
The exception where planning permission may be granted subject to a pre-commencement condition without the applicant’s written agreement is if the applicant has been notified of the intention to impose a pre-commencement condition and has not responded by the date specified in the notice.
This means those who are intending to carry out development work should speak to a planning and specialist solicitor as early as possible to negotiate their conditions.
At MW, our mission is "To make quality legal services accessible to everyone", including those who are developing land or those who need advice on how to apply for planning permission.
Our specialist Property Solicitors can advise on all aspects of the planning system and can help to guide you through the Planning Permission Application. Don't delay, call us today on 0203 551 8500 or use our Contact Us form to tell us more about your case and arrange a callback.
In December 2017 the government put a stop to the sale of new leasehold houses in England. Ten months later, a consultation is finally taking place.
The Government launched a new consultation on their plans for leasehold reform on Monday 15 October and will run for six weeks.
The plan proposes that almost all new-build houses will in future have to be sold as freehold, and ground rents will be capped at just £10 a year.
This latest technical consultation will seek views on how to implement these reforms to the leasehold system and Estate Agents are among those specifically invited to comment.
This is a highly complex area and it is important that we get the detail right. If you have any thoughts on changes to be made, now is the time to get your views heard. You can access the consultation here.
At MW, our mission is "To make quality legal services accessible to everyone", including those selling new build and leasehold properties.
If you would like to speak to our team of specialist Property Solicitors to discuss your conveyancing needs, call us today on 0203 551 8500 or use our Contact Us form to tell us more about your case and arrange a callback.
Sellers and landlords should take care when providing replies to enquiries and ensure full disclosure is made as the buyer is likely to place reliance on it.
The case of First Tower Trustees Limited -v- CDS (Superstores International) Limited (2017) highlighted that it would be unreasonable for a seller to seek to exclude responsibility and liability by including (on replies to pre-contract enquiries) a non-reliance clause in the contract or lease.
The Court of Appeal confirmed that a buyer should be able to rely on pre-contract enquiries in conveyancing transactions. If a non-reliance clause overrides replies given to those enquiries, then they would become worthless.
Sellers should be reminded to be frank in completing their paperwork and when replying to queries raised of them and to ensure that if during the transaction there are changes to replies previously given, should be disclosed to the buyer.
At MW, our mission is "To make quality legal services accessible to everyone", including Sellers and Landlords who are trying to sell their properties.
Our team of specialist Property Solicitors are on hand to help you with any conveyancing transaction advice you may need. Don't delay call our team today on 0203 551 8500 or use our Contact Us form to tell us more about your requirement and arrange a callback.
The requirements leading to the serving of a section 21 notice changed on 1 October 2018 and apply to all assured shorthold tenancies from this date.
There are various pre-conditions to serving a section 21 notice under the new procedure. A section 21 notice can not be served unless the landlord has provided the tenant with a valid EPC, Gas Safety Certificate and prescribed information by way of the Government’s How to Rent booklet before the tenancy begins.
The landlord must also comply with Tenancy Deposit Protection (TDP) legislation. The landlord must set up a TDP account to protect the deposit within 30 days of receipt of the money.
Section 21 notices and the ending of tenancy agreements can be much more complex than they first appear.
At MW Solicitors our specialist Landlord and Tenant Team are here to guide landlords through each step of the process. Don't delay call us today on 0203 551 8500 or use our Contact Us form to tell us more about your requirement and arrange a callback.
Recent changes to the Government's affordable home ownership schemes eligibility criteria mean that households earning less than £80,000 (or £90,00 in London) now have the opportunity to become homeowners.
According to the Office for National Statistics, the average price of a starter home now costs £140,000. As a result Shared Ownership properties are increasingly being seen as an essential first step onto the housing ladder.
Analysis of the latest data from the Housing and Communities Agency shows that in 2016 sales of Low-Cost Homeownership (LCHO) properties in England and Wales rose by 26% and by 36% in London and The South East.
Buying a home is one of the most important purchases you will ever make and choosing the right Solicitor to help you is critical.
At MW Solicitors we understand that the process of buying a home on a shared ownership or affordable ownership scheme is often much more complicated.
Our dedicated team of shared ownership experts is ready and waiting to guide you through the Shared Ownership Buying Process. They can help with every aspect of Affordable Home Ownership including:
Our Shared Ownership Department specialises in this sector of the property market. We can help you to realise your dream of owning your own home.
The government has announced a crackdown on unfair and abusive practices within the leasehold system which looks to include a ban on almost all leaseholds for new build houses, and a zero ground rent on long residential leasehold flats. It is also thought that the government will introduce measures to make it easier and fairer for leaseholders to acquire their freeholds from their landlords.
The Leasehold Reform Housing & Urban Development Act 1993 and the Leasehold Reform Act 1967 before it gave leaseholders the right, subject to certain requirements, to extend their leases by a prescribed term or to compulsorily acquire the freehold of their building. However, a booming property market, particularly in London and the South East, has meant that the premiums being paid to landlords and the costs of exercising these rights has become prohibitive for many leaseholders.
With mortgage lenders becoming increasingly risk averse and raising the bar on the minimum lease terms they will accept, being the owner of the diminishing asset which is their lease is becoming an expensive business.
The Communities Secretary, Sajid Javid said:
“It’s unacceptable for home buyers to be exploited through unnecessary leaseholds, unjustifiable charges and onerous ground rent terms. It’s clear from the overwhelming response from the public that real action is needed to end these feudal practices. That’s why the measures this government is now putting in place will help create a system that actually works for consumers.”
The measures proposed by the government follow a recent consultation and plans set out in the housing white paper and will be followed by legislation in the coming months/years. This promises to be an interesting time for leasehold reform, a time which many will argue is very long overdue. How far the government will go in changing leasehold practices remains to be seen, however the appetite for change to the leasehold system in England grows more and more demanding and is a topic which will not go unaddressed for very much longer.
At MW, our mission is "To make quality legal services accessible to everyone" including Landlords and Tenants who wish to negotiate lease extension terms.
Our specialist Leasehold Enfranchisement Solicitors are a team of highly skilled with years of experience in both Voluntary and Statutory Lease Extensions. If you are considering a lease extension or would like to discuss the specifics of your extension call us today on 020 3551 8500 or use our Contact Us form to arrange a callback.
As a first time buyer, the news from today’s budget might have been just the sign you needed that this was the right time to take the leap and make your first house purchase.
With MW, you can be confident that your Solicitor will completely understand and be sympathetic to your needs as a first time buyer, including complete command of these tax changes and how they affect you.
If you had been on the fence about taking a step up the housing ladder or selling an investment property, this change might allow you to command a higher selling price. If you do feel inspired to take the leap, you can be assured that our specialist teams are completely on top of the detail and will ensure your sale process goes smoothly.
The fact is that more than half of our branch offices (fifteen to be precise!) are located in areas where the average house price is approximately £500k or less, meaning that we have long operated in areas where we work with clients on transactions such as these. In fact, we are the in the top three largest property solicitors in sixteen of the areas in which we operate (according to Land Registry information).
Google us, ask your friends about us, and visit Your Local Office, to see if we are the right fit for you.