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Purchasing a Property at Auction – The Process Explained

Joanne LerwillPurchasing a property at auction is not something that just exists on ‘Homes under the Hammer’ – it’s an exciting process to buy property! Whether purchasing a buy-to-let or as a project to do-up, it’s important to be aware of the issues that can arise in this process.

Joanne Lerwill, an experienced Licenced Conveyancer at CJCH, discusses five areas of importance when considering purchasing a property at auction.

Know the process for purchasing a property at auction

The process of purchasing a property at auction is different from the usual process of buying a property. It is vital that you do your research beforehand and arrange a viewing to inspect the property.

It is important to understand the difference between the guide and the reserve price. The guide price is the starting price at which the bid will commence. Whereas the reserve price is the minimum figure the buyer will accept. The reserve price is not disclosed to the bidders but is usually 10% higher than the guide price.

If successful in your bid, you are bound by the terms and conditions when the gavel falls! You must sign the contract and pay the deposit on the spot, so make sure your finances are in place.

The main difference from purchasing a property at auction and buying through an agent is timescale. An auction works on a fixed timescale for exchange and completion. It provides speed and certainty for the buyer and seller. Whereas purchasing through an agent has no fixed timescale for exchange or completion.

Understanding the legal pack

A legal pack is the set of documents prepared by the seller’s solicitor/licenced conveyancer. Fortunately, a copy is available in the auction room and will be available to download via the property details page. The pack includes:

  • Official copies of Title held at the Land Registry
  • A local search/any other searches
  • Special conditions of sale
  • Property information form
  • Management information, leases and tenancy agreements if the property is a leasehold

The purchaser should look through the pack and seek advice from a solicitor that specialises in auction properties. Especially important if there is anything onerous in the pack for the buyer.

Key issues that arise when purchasing a property at auction

The most common issue is a short window of time to arrange a survey for your solicitor to check the legal pack. Worryingly, it is easy to get carried away ad go over budget! Make sure all of your financial arrangements are in order. No turning back after the gavel falls!

Top tips for purchasing a property at auction

Imperative you research the property, arrange viewings, ask questions and obtain a copy of the auction particulars.

Just be prepared! Stick to your budget! Check the small print!

Importance of seeking legal advice

Taking a DIY approach might seem attractive to cut costs – but don’t be fooled! Without knowing the process, you could incur costs down the line. A solicitor or licenced conveyancer will use their legal training and study the conditions of the legal pack. Do not take the risk!

How can we help

The CJCH conveyancing team has 35 years’ experience in property matters. Our reasonable fees, friendly service and expert advice gives you peace of mind. So you don’t have to worry. Why not get in touch with a member of our team today?

Get in touch:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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Mental Health in the Workplace – Supporting Employees

The government’s Department of Health estimates that one in four will experience mental ill-health at some point in our lives. Importantly, awareness surrounding this issue has increased in the last few years.

Therefore, it is important to make sure that employers support those experiencing mental ill-health whilst promoting positive mental health.

Max Wootton, employment solicitor at CJCH examines the law around mental health discrimination in the workplace. Additionally, he takes a look at how employers can make sure they are acting within the law.

What rights do employees have in the workplace when it comes to their mental health?

Employees have a right not to be discriminated against or dismissed due to a disability. The mental health may be covered as a disability under the Equality Act 2010. Employees that fall under this category are entitled to make reasonable adjustments at work that may assist them.

What counts as discrimination? Is this impacted by employment status?

All employees, workers and self-employed persons have the right not to be discriminated against. Furthermore, the Equality Act 2010 explicitly states that it is against the law to treat any person unfairly or less favourably than someone else because of a protected characteristic.

Discrimination is defined in several different forms under the Equality Act; direct or indirect, failure to make reasonable adjustments, harassment, victimisation & discrimination arising from a disability.

What can you do if you feel you’ve been discriminated against because of a mental health issue?

Firstly, you can talk to or confide in a fellow employee for support to discuss your situation. If that is not satisfactory, you can raise a formal grievance regarding the discrimination (important to check the staff handbook for your company’s policies & procedures, first).

Act as swiftly as possible, given there is usually a 3month time limit to bring an Employment claim, from the date of the last act of discrimination.

However, if you are unable to raise the issue with your employer, you can contact ACAS, Citizens Advice, or bring a claim in an employment tribunal.

Can employers ask about a potential employee’s mental health before employing them?

Employers can ask about this but proceed with caution. However, if the mental health turns out to be a disability and the employer does not employ the employee due to the disability, it will be discrimination. The employer will only be able to ask questions in the context of finding out how they can take actions to assist the employee.

What can employers do to ensure they’re acting responsibly and within the law when it comes to mental health?

Firstly, employers should ensure that employees are provided with a forum where they can be open and transparent about any issues they face.

Secondly, the staff handbook should contain policies where staff can confide in their employers and share their problems. If necessary, the employer should make reasonable adjustments for employees who have a mental health disability.

Finally, provide training for employers to ensure they are aware of what constitutes discrimination towards fellow employees.

How can we help?

Our qualified team of solicitors is here to assist with your employment problems. If you would like to discuss an employment problem or questions over your employment contract, then contact a member of our team today.

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

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Supporting Clients Through A Relationship Breakdown

A relationship breakdown is an emotional and worrying time for a family. For a solicitor, it is not only important to understand the legal issues a client faces, but also take the time to understand the client’s wider situation. Sally Perrett, Family & Childcare solicitor at CJCH, discusses how she supports clients experiencing a relationship breakdown.

As a solicitor how do you ease stress for clients throughout a relationship breakdown?

The end of a relationship is an extremely difficult situation. Personal trauma and financial issues can cause stress & there needs to be a focus on protecting children from the impact of the relationship breakdown.

With so many stressful issues, it is important the client receives practical advice that reassures them about the factors to consider. This will hopefully alleviate the pressure felt by the client, knowing their matter is handled sensitively

Why is it important to build trust with clients facing a relationship breakdown?

Often, when a client is facing a breakup, they are emotional, feel let down and very worried about what the future holds. A client needs reassurance and generally someone they can rely on to approach their case with sensitivity and discretion.

Do you find that there’s an element of providing emotional support as well as legal advice when it comes to family law matters?

Of course, there will be an element of emotional support required during such a traumatic time in a person’s life. Often clients find it difficult to separate practical matters from personal issues. Therefore, these need to be dealt with empathetically

What advice would you give to someone facing a relationship breakdown?

We would advise the client to take their time & not make big decisions too quickly under stress. Take a measured approach towards practical matters & the implications of the relationship breakdown.

Importantly, no two cases are the same, one client may want to protect their assets whilst another seeks the most favourable arrangements with respect to their children. It is important clients make measured decisions based on the practical advice they receive

How do you feel your advice brings value to clients during a relationship breakdown?

It is vital that a client feels they can rely on their solicitor for a realistic, sensible approach. The client should feel in ‘safe hands’ at their vulnerable time. Finally, it is imperative solicitor’s advice alleviates pressure the client is facing.

How we can help:

Our team has extensive experience in supporting clients in what can be a difficult and confusing time. The breakdown of a relationship brings with it distressing repercussions and our team is here to help you in a compassionate and nurturing way. Get in touch with a member of our team today.

Telephone: 0333 231 6405

Email: family@cjch.co.uk

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Leaving a Gift to a Charity in Your Will

 

Today is International Charity Day. It is an opportunity to reflect and contribute to the incredible work that charities do around the world. Leaving a gift to a charity in your will is a great way to leave a legacy that benefits the most vulnerable in society. In addition, it benefits the beneficiaries of your will.

Alexis Thomas, a Chartered Legal Executive in CJCH’s Wills & Probate team, outlines the benefits of leaving a gift to a charity in your will, how to ensure the gift is not legally challenged and how to ensure the gift you leave is used in a way that aligns with your wishes.

Benefits of leaving a gift to a charity

Leaving a gift to a charity in your will is an excellent way of supporting a cause dear to you. Most charities will rely on donations to carry out their work so this is a great way of contributing to your charity’s long-term vitality. In addition, a gift in your will to a charity will not count towards the total value of the estate and the gift will pass tax-free. If the value of the gift is 10%, or more, of the total taxable estate, this gift will also reduce the amount of IHT payable from 40% to 36%.

The different types of gift you can leave

You can leave any type of gift to a charity. This ranges from a specific sum of money, items of personal value such as jewellery or even a % of your estate. You do not have to contact the charity in your lifetime, your executor will inform the charity that you have left them a gift in your will.

Specifying how the charity uses the gift

You can express in a wish how you expect the money to be used. However, the testator should discuss their wishes with the charity first, as the charity may refuse the gift if it cannot comply with the testator’s wishes. The wish is not binding, but charities will usually seek to carry out the specified request.

If your gift is challenged and how to avoid it

Firstly, always seek legal advice! This is so important. The courts place more weight on a moral obligation to a family, which outweighs any commitment to charities. If the gift is successfully challenged, then the gift could fail. Regular communication from the solicitor goes a long way in ensuring that this does not happen.

Donating outside of the UK

Donations outside of the UK are different than domestic donations. Exemptions from inheritance tax only apply to gifts to charities in the UK, EU member states (plus Norway, Lichtenstein, Iceland). Of course, this may change due to the uncertainty surrounding Brexit. Furthermore, donations outside of the UK do not benefit from Gift Aid as Gift Aid enables the charities to reclaim an extra 25% in tax on each donation made by a UK taxpayer.

How can a solicitor help you leave a gift to a charity in your will?

A solicitor ensures your Will is written correctly. This gives you the peace of mind the gift will succeed. The full details of the charity (charity number etc) are included so that the charity receives the gift. Incorrect information may cause the gift to fail.

How can we help:

It is never too late or too early to start thinking about your future. For more information on writing your will and leaving a gift to charity, speak to an experienced member of our team today.

Contact us:

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

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Supporting Clients Through Expert Legal Advice

Let’s face it. Legal issues are complicated and confusing. Unfortunately, whether you are buying or selling property, making a Will or trying to set up a business these complicated issues follow us around. Facing these issues can feel daunting.

Fortunately, solicitors are experts in their field and can effectively support their clients through sound legal advice. Ultimately, this helps reduce the stress the client will face throughout the process. Our trainee solicitor, Amy Palin lays out how she supports clients, providing them peace of mind that their matter is being dealt with promptly, professionally and with the client at the forefront.

As a solicitor, explain to us how you help your clients on a day-to-day basis.

Solicitors provide a service based on instructions received.  And it is important to remain alert to issues surrounding the primary reason a client is coming to you for advice. There may be wider considerations, or other services we can offer, of which the client may not have been aware. It is also important to provide a high level of client care, particularly if there are complex legal issues involved, to ensure the client fully understands their matter.

How do you work to build trust with your clients? Why is this important?

It is vital to be open with clients from the outset! Especially in relation to timescale, costs and the practical issues surrounding their matter. Maintaining good communication is the most effective way to build trust. Sometimes there may be an unforeseen issue or delay beyond immediate control. However, I usually find that as long as I communicate the issue promptly or assure the client I am still actively working on their matter, this maintains a positive relationship with the client.

In terms of solving legal issues, how do you support your clients throughout the process?

As above, communication is key! It is important to cut out legal jargon and explain legal issues in plain language. I always encourage questions, as this is the best way to not only make sure the clients understand everything, but also to help me improve the way I serve clients in future.

Do you ever find yourself providing support and advice on wider issues related to your client’s case?

All of the time! Asking open questions is a great way to get a fuller understanding of the client’s needs. There are other matters that arise once a client finishes a case. For example, if a client is purchasing a property, they might benefit from creating or updating their will to reflect this. Of course, this might not be something at the forefront of their minds. It’s the solicitor’s responsibility to be proactive in providing advice in these situations.

What do you enjoy most about working with and supporting your clients?

The opportunity to work closely with people and develop relationships with them is incredibly rewarding. Especially in the moments when the work itself is a grind. Additionally, I find their experiences can often provide me with context to the issues on which I am advising. It can be easy to focus only on the legal rules and principles, so real examples of these in practice can remind me of the practical benefits and importance of the advice we provide, as well as help me to help clients more effectively in future.

How can we help

CJCH has experienced professionals offering advice in wide areas of personal and business law. We provide bespoke legal service and high-quality advice. Get in touch with a member of our team today.

Get in touch via:

Email: admin@cjch.co.uk

Telephone: +44 (0) 29 2048 3181

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Top Tips for Purchasing a Buy-to-Let Property – the Process Explained

property law - handing over keys

Joanne LerwillPurchasing a buy-to-let property can seem like an attractive investment – with investors collecting rental income and relying upon steadily increasing property prices. Despite the slowdown in house price increases, the number of renters continues to climb. There are important considerations about purchasing a buy-to-let property and being a landlord – whether you have a portfolio of properties or are just starting out.

Our specialist solicitor, Joanne Lerwill, takes a look at the process of purchasing a buy-to-let mortgage and the recent changes that have come into force.

How can a solicitor help someone purchase a buy-to-let property?

A solicitor can give advice and guide you through the legal complexities of buying a property to rent out.

Are there any differences between the process of purchasing a residential property and a buy-to-let?

Whilst a buy-to-let mortgage is a lot like a residential mortgage, there are noticeable differences. Firstly, the fees tend to be much higher. Additionally, so too are the interest rates. Furthermore, the minimum deposit for a buy-to-let mortgage is usually 25% of the property’s value. Finally, you are liable for the higher rate Stamp Duty (in England), or the Land Transaction Tax (in Wales).

What are the rules around the letting fee ban which came into force in 2019?

The new law, taking effect from 1st April 2019, means tenants will no longer face fees for services, including viewings, credit checks, references and setting up a tenancy. However, it is entirely possible that these additional costs, once eliminated, will raise the tenant’s rent.

What are the other main considerations with buy-to-let properties?

The biggest consideration for anyone thinking about a buy-to-let mortgage is financial. Firstly, you will require a larger deposit to make the purchase. Secondly, the mortgage is generally based upon the rent, rather than your income. To cover the mortgage and expenses of running the property, in addition to making a profit, you need to charge high enough rent.

What top three tips would you give to someone purchasing their first buy-to-let property?

  • Number one – Research the market! This cannot be understated. Ask yourself, what do you know about the market? Are you sure this is an investment you want to commit to? It is important to consider the risks as well as the benefits.
  • Number two – Do not rush the process and look around for the best buy-to-let mortgage deal. It pays dividends to speak to a good independent broker and your bank. They will explain what deals are available and which one is right for
    you
  • Number three – Above all, think about your target tenant. Who are they and what do they want? Will you rent to students, young professionals or a family?

How can we help?

The CJCH conveyancing team has over 35 years’ experience in property matters. Your matter is expertly managed by qualified solicitors and conveyancers, ensuring you are in safe hands.

Get in touch via:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

In the event that you encounter difficulties with your tenant/s any time after completion, get in touch with our Litigation Team on 029 20 483181 who have the necessary expertise to assist whatever the problem.

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Supporting Employees & Gender Identity

The month of June marks Pride Month, celebrating the LGBT+ community worldwide.

CJCH joined a discussion looking at how employers can support employees when it comes to expressing their gender identity and how they can make the workplace a safe and understanding environment

It must be daunting for an employee to express to an employer, or their fellow colleagues, their gender identity. Unfortunately, discrimination in the workplace around individuals expressing their gender identity still exists. The biggest barrier to inclusion is a lack of knowledge amongst employers and employees. Therefore, raising awareness of these issues is vital to promote inclusion. Our solicitor, Myles Thomas, outlines how employers can best support their employees expressing their gender identity.

What is The Equality Act 2010 and The Gender Recognition Act 2004 and how do they protect employees?

The Gender Recognition Act 2004 allows people in the United Kingdom who have gender dysphoria, (which is the condition of feeling one’s emotional & psychological identity as male or female to be opposite of one’s biological sex), to change their legal gender.

The Equality Act 2010 protects individuals in Great Britain from (either direct or indirect) discrimination, harassment and victimisation. There are nine protected characteristics, which are:

  • Age
  • Race
  • Gender Reassignment
  • Pregnancy and Maternity
  • Disability
  • Religion or Belief
  • Marriage & Civil Partnership
  • Sex
  • Sexual Orientation
When it comes to employees who are transitioning, or who are expressing their gender identity, what is classed as discrimination?

You are entitled to protection from discrimination if you identify as transgender under the Equality Act 2010. Discrimination occurs under four categories:

  • Direct: When someone treats your worse than another person in a similar situation because you are transgender
  • Indirect: Where an organisation or employer has a policy or way of working that puts transgender people at a disadvantage
  • Victimisation: When you are adversely treated because you have raised the issue of gender reassignment discrimination under the Equality Act. You may also be victimised if you are connected to someone who has complained about gender reassignment discrimination.
  • Harassment: Where someone makes you feel humiliated, offended or degraded because you are transgender.
What are the consequences of discriminating against an employee because of their expressed gender identity?

The employee who is discriminated against could make a claim in the County Court or Employment Tribunal. The result is potentially a large financial penalty. For the individual in question, this may cause emotional distress and affect job performance.

How can employers make sure they are fully equipped to support an employee expressing their gender identity or transitioning?

The effectiveness of a ‘one size fits all’ approach is unlikely. The process is an ongoing one and every person expressing their gender identity is different. However, a good start for employers is open-mindedness to the needs of their employees. Moreover, take the time to understand their concerns. Additionally, awareness of potential health issues with gender reassignment. If an employee requires time off work, then these periods of time off should be treated the same as an employee needing time off for health-related issues.

How can employers make their workplace a safe and understanding environment for employees, no matter how they identify?

It is important to have a clear diversity policy, which is properly enforced & available to employees. Above all, the policy should state that employers will not tolerate any kinds of discrimination. There should be consideration for how to raise concerns and how to best protect individuals. Finally, regular training of employees and of HR employees will help create a culture of inclusivity and acceptance.

How can we help:

Seeking specialist employment law advice is essential to achieve the best outcome to a grievance, dispute or claim against a past, prospective or current employer. We recognise the importance of resolving sensitive employment difficulties. Speak to a member of our team today.

Get in touch via:

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

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Living with Dementia and Planning Future Care

A dementia diagnosis is undoubtedly devastating news for individuals and their families. Although it might be hard to discuss, it is important to plan for your future care and ensure your wishes are carried out.

John Moore

This week, CJCH took part in a discussion with the Law Society as part of their Dementia Action Week campaign. Our specialist solicitor, John Moore, joins the conversation, which aims to unite people through discussing living with dementia and planning for future care.

How can a solicitor help someone living with dementia plan for their future?

If a person still has mental capacity, a solicitor can put a Lasting Power of Attorney (LPA) in place to ensure that the person’s finances are managed in the future.

What are Lasting Powers of Attorney and what do they cover?

An LPA grants a trusted individual the power to make decisions on behalf of the donor, if the person is unable to make the decision themselves. There are two different types of LPA. They are for health & and welfare, and for property & financial affairs. It is possible to draw up one or both. Moreover, a different person can be appointed for each LPA, or both can be the same.

What is a deputy and how can you become one?

A deputy is someone appointed by the Court to manage someone’s affairs where they don’t have the mental capacity to make an LPA. A Court application is needed.

What is an advance statement and how can it help someone living with dementia?

An advance statement is a way to provide instructions about your wishes to assist people in making decisions about your health or social care in the future – especially if you lose the capacity to make decisions or communicate them.

What advice would you give someone living with dementia when it comes to planning for the future?

Undoubtedly a difficult topic to discuss, it is important to plan by making an LPA and clearly set out your wishes so that you are cared for properly and receive the assistance you need if your health were to deteriorate.

How can we help?

At CJCH, we use our combined expertise to help you plan for your future care. For more information, contact us via:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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No Fault Divorce – 6 Things You Need to Know

The government plans to change the law surrounding divorce to remove the concept of fault.  According to the Justice Secretary, this proposed reform will come into force ‘as soon as parliamentary time allows.’ Our specialist Family & Matrimonial solicitor, Sarah Perkins sat down to discuss the proposed changes in the law. Here are 6 things you need to know about no fault divorce.

What is the current process for divorcing or ending a civil partnership in England and Wales?

Under the existing Matrimonial Causes Act 1973, an applicant must prove to the Court that their marriage has irretrievably broken down.  This is based on one of the following criteria, that the other party:

 

  1. Engaged in Unreasonable Behaviour
  2. Committed Adultery
  3. Deserted (one party has deserted for two years or more without explanation)
    Or:
  4. Two years separation with the consent of the other party
  5. Five years separation with no requirement of consent

Therefore, unless a couple has been separated for at least two years, one person must blame the other and prove fault either by way of examples of their unreasonable behaviour or adultery which must either be admitted by the other party or proved.

As a result, respondents to a divorce often contest proceedings which results in increased conflict and expense.

How is the law set to change regarding no-fault divorce?

No-fault divorce will remove the old five criteria set out above. They will be replaced with a requirement of notification to the court, a statement of irretrievable breakdown.

Furthermore, the government plans to:

  • Allow couples to give notice and apply jointly
  • Remove the ability for one party to contest the divorce
  • Introduce a minimum time frame of six months from Petition to Decree
  • Absolute to allow time to reflect on the decision to divorce and access any support such as counselling or mediation
  • Retain the ban on applications in the first year or marriage
How will the new law impact the family law landscape?

The aim of the new law is to remove the element of blame, reduce conflict and hostility between parties and simplify the process.  This enables parties to concentrate on the children and financial matters arising from divorce and protect any children of the family from ongoing parental conflict.

The new law could see a rise in the number of divorce applications as parties will no longer have to wait for a period of two years if they wish to divorce without blame being apportioned to one party.

Depending on the simplicity of the finalised process, there may be an increase of couples divorcing without guidance from Family Law practitioners. However, independent legal advice should still be sought in relation to children and financial matters which would not be affected by the new legislation.

How will the change in law affect clients and the process of divorce?

The proposed change in the law will allow clients to apply for a divorce without blaming one party, without having to wait for a period of two years or more. Consequently, it will allow couples to apply jointly and remove the ability for one person to contest a divorce.

The proposed plan is to introduce a minimum time frame of six months from petition to decree absolute.  This allows time for both parties to reflect on the application and access any support such as counselling or mediation.

Will people currently going through a divorce be impacted by the change in the law?

The law is not in force yet – it will only apply to divorces applied for after the date of the legislation

How can a solicitor help you know where you stand if your relationship breaks down?

A Solicitor can advise you of all your options following relationship breakdown including separation agreements, judicial separation or divorce and help you decide which is the right option for you.

Furthermore, solicitors can also advise and assist in making child arrangements and advise in relation to all financial issues arising from your separation including what to do with the family home, dividing any assets from the relationship, looking at income and pensions to ensure that you and any children of the family are fairly provided for.

How can we help?

Speak to a member of our dynamic team in Family, Matrimonial and Childcare Law who will use their extensive knowledge and experience to support you.

Get in touch via:

Telephone: 0333 231 6405

Emergency Telephone: 07967 305949

Email: family@cjch.co.uk

Announcements

CJCH Solicitors have become a limited company

As of Monday October 14th, 2024, CJCH Solicitors have become a limited company.

CJCH Solicitors is now the trading name of CJCH Legal Ltd, a company registered in England and Wales under company number 15452031. The registered office is Williams House, 11-15 Columbus Walk, Cardiff CF10 4BY.

CJCH Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA Number 8009371). Please note there is no change to our bank account number and sort code.

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Winner: Public Law Team of the Year 2022 – Wales Legal Awards

We are proud to announce that the CJCH Court of Protection team was named the Public Law Team of the Year in the 2022 Wales Legal Awards. Recognising the work they do with individuals who lack the capacity to act in their own best interests.

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Winner: Cardiff Life Awards 2019

With a dedicated focus on service excellence, and a passion for innovation the CJCH team was the proud winner of the best Legal and Financial Business of the Year in Cardiff for 2019!

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CJCH Solicitors appoints new Board member

Wales top 20 Law Firm and 2018 Financial and Professional Services Firm of the Year in the Cardiff Business Awards - CJCH Solicitors, has announced a major promotion in their leadership team welcoming Jodi Winter to their Board.

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Winner: Cardiff Business Awards 2018

CJCH Solicitors has experienced unprecedented growth and achieved important milestones over the last few years, all of which have culminated in the first half of 2018 being a prosperous year for us at the Firm and winning the Financial and Professional Services of the Year award.

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