Purchasing Property

Our team deals with all aspects relating to a residential sale and can provide detailed advice on matters including:

• Sale of freeholds
• Sale of leaseholds
• Dealing with any leasehold requirements such rent authority letters, notices to tenants etc
• New builds
• Contracts race
• Redeeming mortgages
• Restrictive covenant, chancel repair, absence of easement and other property related indemnity policies

We understand that each property is unique and tailor our approach to best suit the needs of our clients.

We assist our clients with each stage of the process to ensure a smooth and seamless transaction and are very pleased that many of our clients use us on a repeat basis.

Our team deals with all aspects relating to residential purchases and can provide specialist advice on matters including:

• Purchase of freehold
• Purchase of leasehold
• New builds
• Dealing with mortgages (institutional and private)
• Dealing with restrictive covenants and easements
• Obtaining relevant indemnity policies
• Dealing with all post completion matters including Notice of Transfer & Stock Transfer Forms
• Registration at the land registry
• Stamp duty land tax returns and checking for any applicable reliefs
• Drafting declarations of trust between buyers
• Preparing schedules of deeds

Whilst we acknowledge that purchasing a new home is one of the most stressful things a person can do, we at Fitz don’t believe this has to be the case. We understand that communication is vital and we update our clients regularly to ensure the transaction is not delayed and that any issues are spotted and resolved early.

Whether you are a first time buyer looking to have your ‘hand held’ through the process or a seasoned property investor who is looking for someone that they can trust to efficiently get on with the process, we can help. Contact us today and tell us about your requirements.

Where you are transferring or purchasing equity in a property, our team can assist you with the transaction from beginning to end including:

• preparing the transfer document
• drafting declarations of trust
• dealing with lenders security requirements
• dealing with tax implications
• registration at the land registry

Whether you are transferring for a value, or as a gift, our team can explain the process in more detail and the relevant implications of such transfers.

Approximately 25% of the properties in England and Wales remains unregistered at the Land Registry. It is now compulsory to register your property when the property is being transferred or mortgaged. You can also apply for voluntary first registration at a discounted land registry rate whenever you wish.

Our team are fully experienced in first registrations and the complexities which can arise in each title including:

• voluntary applications
• compulsory applications
• examination of title deeds
• preparing the DL
• preparing the FR1
• preparing any relevant statutory declarations
• dealing with lost or damaged original title deeds
• dealing with adverse possession claims
• cautions against first registrations
• overriding interests

Whilst you may hold your original deeds to prove your ownership, you always run the risk of these being destroyed or lost.  Applying to register your property at the Land Registry will ensure that your ownership and rights are formally and securely recorded.

An option agreement is made between the owner of the land and a developer who wishes to purchase the land subject to obtaining planning permission.

Whether you are a first time developer or a professional developer, the agreement can be as as complicated or simple as you require and can include:

• planning obligations
• undertakings
• conditions
• restrictions
• option conditions
• purchase price conditions
• extensions on option dates

The agreement will provide security to the buyer knowing they will have the option to purchase the land on obtaining the planning permission.

Please contact us today to learn more about our service in this area.

An overage agreement will allow a seller a share in any increase in the property’s value after the property has been sold and can be dependent on a number of factors. This is common for example when the buyer has obtained planning permission. Our team has vast experience in different overage provisions to best suit the needs of individual clients and the land.

Below are just some of the overages we have dealt with:

• positive overage – payable on disposal of the land
• positive overage – payable on grant of planning permission
• positive overage – payable on implementation of planning permission
• positive overage – based on proceeds of sale

Please contact us to find out how we can assist you in this regard.

More and more people with older leasehold titles require lease extensions but unfortunately not that many people are aware of the process and delay it until it becomes too expense.

We at Fitz are specialists in lease extensions and have a broad experience into the process to ensure you get the best deal in the most cost efficient way.  Having a firm who specialises in this area can save you thousands of pounds moving forward.

Listed below is just a glance at some of the aspects of a lease extension which we deal with and have substantial experience in:

• negotiating informally with a landlord (as to term and premium)
• serving and dealing with section 42 notices
• serving and dealing with counter notices
• obtaining valuations on your behalf
• dealing with missing landlords
• applying for vesting orders
• preparing and approving new leases
• preparing and approving deeds of variation
• collective enfranchisements
• attending to matters at Leasehold Valuation Tribunals
• Registration at the Land Registry.

Whether have come to an informal agreement or have decided to proceed down the statutory route pursuant to the Leasehold Reform and Urban Development Act 1993, we will be able to advise you of the process at each step.  We act for both landlords and tenants and will be happy to discuss this further with you.

Our team can assist you in creating new titles from both registered and unregistered land including:

• Forming new leasehold titles from a freehold title
• Forming an underlease from a leasehold
• Transfers of part
• Merging titles
• Sub division of title

We can advise you of the most efficient way to achieve your specific requirements and deal with third parties on your behalf including surveyors to prepare new plans and specifications.

Where applicable we will also advise of any tax liabilities to ensure you are not caught out by any surprises.

Please call us today to arrange a free consultation to find out how we can we help achieve what you require.

There are a number of Deeds of Variation. In essence, this deed will allow the parties to vary the terms of a previous agreement. The most common of these is a deed of variation to a lease. These can include:

• Deed to vary the term of the lease
• Deed to vary the plan to a lease
• Deed to vary rights granted or reserved under a lease
• Deed to vary service charges
• Deed to vary ground rent

A large majority of leases were drawn up a couple of decades ago rendering them out of date. A leaseholder can face a number of issues down the line when they come to sell their title as it does not fully reflect the current arrangement.

Additionally, older leases can discourage buyers from purchasing the leasehold title if the lease is not compliant with recent lenders requirements.

Please contact us today to discuss your requirements, we’re always happy to help.

When you own a property with another or there are beneficial interests in a property, a declaration of trust amongst other things, will set out your respective shares in a property.

Unfortunately relationships can breakdown and no one can predict the future – circumstances you hadn’t previously ever envisaged can arise. Without a declaration of trust in place, you will have to apply to the courts to fight for your entitlement and this can be extremely time consuming and expensive.

A declaration of trust can be as complex or simple as you wish and can include provisions such as:

• Respective beneficial shares
• When a property can be sold
• How to market a property
• How to apply sale proceeds
• Restrictive covenants
• Rights to occupy
• Obligations
• Registration of restrictions at land registry

Having a declaration of trust in place will provide peace of mind and security to all parties involved. If ever required, you will have a safety net upon which you can rely on.

Please contact us today to safeguard your position for the future.

Many sellers are not aware of a ‘contracts race’ and are therefore unable to utilise its benefits. Have you ever been in a position where you have two potential offers but don’t know who to proceed with? Do you want to sell the property as quickly and competitively as possible? If so, then a contracts race will allow you to place both buyers in a ‘race’. The first buyer which is in a position to exchange will be the buyer who purchases the property.

This provides an opportunity to sellers to keep their options open and pushes the buyers to not time delay – a factor which in conveyancing can often cause the most amount of stress and uncertainty. A buyer will also have the option to ensure their opportunity to purchase the property is not lost from the outset.

Please contact us to find out how this can work for you.

We deal with a number of repeat and new clients who purchase and sell properties and land at auction.

Whilst auction properties can have the benefit of being sold for less than on an open market, the auction terms can sometimes be onerous on a buyer.

Whether you are a first time bidder or a regular property developer, we can assist you on your auction sales and purchases to ensure you get the best deal.

Where we deal with auction properties we can:

• Liaise with auction houses
• Review auction legal packs
• Prepare auction legal packs
• Prepare special conditions of sale at auction
• Review special conditions of sale at auction to check for onerous clauses
• Deal with any pre completion matters
• Attend to completion
• Register the property/land at land registry

At auction once your bid is accepted, you proceed directly to exchange. It is imperative therefore that any legal packs are fully reviewed to ensure there are not any detrimental provisions which you later bound by.

Please contact us for further information into how we can assist you with auction purchases and sales.

Plots Sales and Purchases

Plot sales differ slightly from property sales. We at Fitz understand that each plot is purchased for a specific reason and we can ensure that the transaction fully suits those specific requirements.

Whether you are purchasing the plot to develop on or to sell on, we will guide you through the relevant steps.

Plot sales and purchases can include:

• New builds and preparing new build sales packs
• Conditional contracts
• Off plan agreements
• Financing

Our aim is to provide pragmatic and efficient solutions to any challenges which may arise and pride ourselves on the number of satisfied repeat customers.

As the name suggests, an exclusivity agreement will provide you with an exclusive right to something within a specified period of time for a financial consideration. This is most common in high worth transactions where a buyer does not wish to incur transactional and legal fees without an assurance that no other offers will be accepted.

An exclusivity agreement can include:

• Sellers obligations to provide the pre-contractual documentation as soon as possible
• Purchasers obligations to purchase subject to certain provisions
• Rights of termination
• Remedies
• Agreed purchase price

An exclusivity agreement will provide security to buyers and sellers alike by ‘locking out’ any potential outbidders and will ensure a swift transaction for the sellers.

A deed of easement grants a right to someone to use another’s land/property for a specified purpose.

A deed of easement can be used for a vast range of purposes including for:

• underground service media
• General rights
• Rights of way
• Overhead service media
• Overhanging eaves

Where properties are newly built, it is likely that some of the estate roads have not been adopted by the local authority and is still owned by the developer. Easements granting rights of way to and from your property are some of the most imperative rights which can be easily missed and not picked up until a large demand for maintenance contribution is suddenly invoiced.

To prevent any unwanted surprises contact us today to see how we can ensure that your rights are formally and properly documented.

As the name suggests a restrictive covenant restricts you from specific activities on a specified land/property.  Some covenants are essential whilst others have been obsolete over the years.

Unfortunately most people are not fully aware of the covenants affecting their titles until they are faced with a notice of breach. Restrictive covenants can include anything from covenants not to make too much noise to prohibiting any alterations or developments without requiring consent from the person enforcing the covenant. This can be time consuming and an unnecessary burden.

Conversely, if you are looking to sell a number of plots in a small residential estate, you want to ensure the area will be looked upon favourably by potential buyers so as to not detrimentally affect your investment. An example of this might be where you would like to limit what the land can be used for by the buyers i.e. not for any commercial purpose.

When it comes to restrictive covenants we can:

• Highlight the covenants affecting the land/property
• Preparing release of covenants
• Preparing deeds of covenants
• Registering covenants at the Land Registry

Though this may seem trivial, these are some of the biggest rights enjoyed by land owners and which can dramatically affect both the value and enjoyment of the land/property.

Rights of light and air are exactly as described – the right to enjoy air coming to your property and daylight hitting your property.

You may enjoy a beautiful view from your home but what if a big development is erected directly in front of it completely diminishing both your view and the air coming in? Without the protection of specific rights, you run the risk of those rights being minimised.

Contact us today to see how we can provide:

• An overview of your current rights
• How rights of air and light can be created
• How they can be avoided
• And how to terminate such rights

With more and more landlords letting their properties, following the correct procedures for a new tenant is absolutely vital. By missing one step you run the risk of facing heavy penalties.

As of 1 October 2015, a landlord must provide their tenants with a number of other documentation as well as a valid tenancy agreement including a Gas Safe Certificate, Energy Performance Certificate and providing the prescribed information and deposit protection details.

Different tenancies will have different requirements for example houses in multiple occupation (HMO’s) will require fire safety measurements in place.

The courts will look heavily unfavourably upon landlords who fail to follow the correct procedures. If you then need to evict a tenant who has defaulted on the tenancy agreement, this will be a much more difficult and expensive struggle.

If you feel that your landlord is not complying with their obligations, please contact us to find out how we can assist.

Where you are looking to rent out your property and looking to move into a rented accommodation, we can assist in:

• Preparing a full and valid tenancy agreement
• Placing a deposit in a protection scheme
• Advising of your obligations and rights
• Advising of the documentation required on a new tenancy
• Serving notice on a tenant to remedy a breach
• Serving notice on a tenant to quit
• Serving notice of transfer and rent authority letters

Call us today to ensure you are fully compliant and that your position is legally protected.

Unfortunately there may come a time when your tenant defaults on a provision within their tenancy agreement. If the breach is not remedied, landlords are left with no other option than apply to the courts for an eviction.

The process of eviction will depend upon whether the landlord has fully complied with their obligations during the commencement of the tenancy agreement and throughout the term.

The process can be lengthy and expensive. Where you have fully discharged your obligations and have proof of this, the process will be much more streamlined.

If you require an eviction of your tenant we can help by:

• Serving a notice to vacate
• Serving a notice to evict
• Applying to the courts for an eviction order
• Debt recovery
• Liaising with bailiffs
• Applying to the high court
• Liaising with high court enforcement officers
• Preparing settlement agreements

We understand that dealing with a defaulting tenant can be very stressful, here at Fitz we act efficiently and promptly to ensure the matter is resolved amicably and as cost efficient as possible.

Our team is heavily versed on dealing with complex financial security requirements of both institutional and private lenders.

Our work includes:

• Liaising with the lenders
• Obtaining land registry documentation
• Investigating title
• Advising on mortgage deeds
• Advising on guarantees
• Advising on occupiers consents
• Advising on tenancy agreements
• Obtaining relevant indemnity policies
• Preparing applicable deeds of easements and releases of covenants
• Attending to completion
• Dealing with all post completion requirements

We work proactively to ensure that all the requirements are met in a timely fashion with as little disruption to our clients as possible enabling you to concentrate on your developments.

We pride ourselves in our ability to recognise potential problems early on in the transaction and come up with pragmatic solutions to suit the requirements of both the lenders and our clients.

A house in multiple occupation is a property rented out by at least 3 people who are not from 1 single ‘household’ (eg a family) and who share certain facilities such as the bathroom and kitchen.

On 6 April 2006, mandatory licensing of Houses in Multiple Occupation came into force. A licence is only valid for 5 years. You must have a licence if you’re renting out a large HMO. Your property is defined as a large HMO if all of the following apply:

• it’s rented to 5 or more people who form more than 1 household
• it’s at least 3 storeys high
• tenants share toilet, bathroom or kitchen facilities

We can assist in:

• Advising whether a HMO licence is required.
• The relevant fees application fees payable to the local authority
• Preparing the application
• Advising of any applicable exemptions
• Liaising with the housing regulations teams
• Advising on restrictions and conditions
• Advising on penalties

Call us today to find out how we can assist you with your HMO.

Where you are securing a loan on a property, you may be required to provide a bank guarantee to the lender.

We can provide independent legal advice without throwing all the technical legal jargon. We take the time to ensure that fully understand the terms and implications of the guarantee so that you are not faced with any unpleasant surprises arising from the lender’s onerous clauses.

Call us today to find out how we can advise you on your bank guarantee.

Where you live in a property which is being mortgaged by a legal proprietor, and you are over the age of 18 you may be required to give occupiers consent to the mortgage.

We can provide independent legal advice to ensure you fully understand the situation and how it will affect your rights in the future.

Unfortunately lenders are renowned for ensuring their position is fully protected even if this is at a detriment to any adult occupiers. It is imperative therefore that you fully understand any terms before you provide your consent.

Call us today if you would like to discuss this in more detail.

Where you require a mortgage either as part of a transaction or on its own, we can assist you with the full process.

Our team is also able to assist you where you are providing a legal mortgage to another and can prepare the facility agreements and mortgage agreements to suit your requirements.

Where we deal with mortgages we are able to:

• Prepare facility agreements
• Prepare mortgage agreements
• Advising on mortgage deeds
• Register charges and restrictions at the Land Registry
• Liaise with lenders (both institutional and private)
• Advise on any guarantees and occupiers consent required

Facility agreements can be as complex or as simple as you require. Whether you are obtaining mortgage or are acting as the mortgagor, call us today to arrange a free 30 minute consultation where we can explain the process in full detail to ensure your position is safely secured both in the immediate and throughout the facility term.