Christelle Thompson Solicitors Near Me

Leasehold Solicitor

Leasehold solicitors can assist with leasehold property matters whether you’re buying or selling a leasehold property or simply looking for assistance with specific legal matters relating to the property.

Leasehold is a specific type of property ownership that has its own unique legal rights and many properties in the UK are sold on a leasehold basis.

Leasehold enfranchisement solicitors are experts in this specific area of property law and can assist with any leasehold issues you have.

Seeking legal advice when it comes to leasehold agreements is a wise decision given the complex nature of the legalities and you must understand your legal responsibilities.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Leasehold Solicitor For A Sale Or Purchase Of Property

If you’re buying or selling a leasehold property, there are some key considerations you need to make.

In its simplest terms, if you own the freehold of your property, it means you own the building AND the land. But if your property is leasehold, it means you own the property but NOT the building or land and you must pay ground rent to the freeholder.

A lease is essentially a contract between the leasehold and the freehold which sets out certain requirements in the relationship – it might mean that certain alterations can’t happen to the property without the leaseholder’s consent, for example.

There are more leasehold properties than ever in the UK after a significant number of new build properties sold directly through the property developer were sold as leasehold properties.

The government set out plans to change the rules on leasehold properties in 2017 to ban this practice, but it’s yet to be enshrined in law, meaning that new leasehold properties are still being sold today.

Leases can vary from property to property and specific covenants might exist that you need to be aware of when dealing with a property transaction, as well as who is responsible for any maintenance costs. Ground rent is either paid at a fixed rate or an escalating rate, which means that fees can increase after a fixed period (e.g., 5 or 10 years).

Maintenance and service charges are usually in place to pay for the upkeep and maintenance of shared areas such as gardens or elevators, hallways, and building insurance – this is common in apartment blocks.

What Is Leasehold Enfranchisement

Leasehold enfranchisement is the process where you either extend your lease or purchase a share of the freehold (this is known as ‘collective enfranchisement’).

Because with leasehold properties you only own the property for a set period as agreed in the lease (this might be 100 years, 1000 years, or a similarly long period of time), purchasing or extending the leasehold might be necessary at some point.

If you’re selling a leasehold property, you should be aware that the shorter the amount of time remaining on the the lease, the less value the property has.

Often solicitors will advise you to consider extending or purchasing the lease when it has around 85-90 years remaining as when the lease falls below 80 years, it can cost a lot more to purchase due to the calculations made on lease extensions.

How Do You Find The Best Leasehold Enfranchisement Solicitor

At Solicitors Near Me, we’re here to help you find the best leasehold enfranchisement solicitor for your needs.

We understand that in this complex and confusing area of law, having an expert solicitor that you can rely on is vital to ensuring you achieve the outcome you’re looking for.

Whether you’re buying or selling a property or looking to extend your lease, knowing what your options are and the best route forwards is essential.

We connect you with expert leasehold enfranchisement solicitors near where you live for free so that you can decide whether they’re the right fit for you and whether you want to proceed with them for your requirements.

Leasehold Enfranchisement Solicitor Costs

The cost of a leasehold enfranchisement solicitor can vary depending on the services you require and how complex the leasehold is. The unfortunate reality of the situation is that it’s unclear what the definite cost will be until the project is underway and all of the facts are discovered.

The good news is that solicitors can often agree on an informal cost estimate to give you some certainty in your leasehold enfranchisement case – costs can begin at £500 but run into the thousands depending on your circumstances, how many people are involved in the case, and what you’re hoping to achieve.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is A Part 36 Offer?

What Is A Part 36 Offer? Understanding Part 36 Offers In Civil Cases

If you are involved in a civil legal case, you may be wondering, what is a Part 36 offer? It can be a very important moment in a legal matter, so let’s take a look at what it means.

A Part 36 offer is an offer made in legal proceedings to try and settle a claim. It refers to Part 36 of the Civil Procedure Rules which govern the way in which civil cases are conducted.

It is important to take expert legal advice if you have received an offer to settle a claim you are making as there can be serious implications in accepting, including in relation to payment of legal costs.

Similarly, if you do not accept a Part 36 offer and you fail to receive a better settlement at court, you would usually be required to pay the other side’s costs as well as your own.

For this reason, it is essential to have the guidance of a solicitor with expertise in the area of law in which your claim falls. At Solicitors Near Me, we connect clients with lawyers in a wide range of sectors, ensuring that you are represented by a genuine expert who can give you the guidance and advice you need.

We select solicitors who have a reputation of excellence in their field as well as the highest standards of client care. This means that as well as receiving the benefit of legal expertise in your case, you can be sure that your lawyer will be easy to contact and keep you up to date with progress.

Our solicitors include experts in commercial claims, contentious probate, personal injury, employment litigation, landlord and tenant disputes, professional negligence claims, family law and every other area of law that you might need help with.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is A Part 36 Offer?

A Part 36 offer is an offer made by one side in a legal case to settle a claim. By way of example, if you have been involved in a car accident and your solicitor is making a claim against an insurance company on your behalf, the insurer may offer you a sum of money to settle your case. This is a common occurrence and avoids the need for a court case.

The offer is made on what is called a ‘without prejudice’ basis, meaning that if your case does go to court, the offer will not be seen by the judge until after a ruling has been made.

Part 36 offers are a negotiating tactic used by those facing claims. The amount offered will have been carefully considered. If you refuse a Part 36 offer but you are later awarded less money than was offered, you will usually be required to pay the other side’s legal costs from the date of the Part 36 offer onwards.

How Is A Part 36 Offer Made?

The Civil Procedure Rules state that a Part 36 offer must be made:

In writing
State that it is made pursuant to Part 36 of the Civil Procedure Rules
Give a period of at least 21 days in which to accept the offer, during which the defendant will be liable for the claimant’s costs if the offer is accepted
State whether the offer relates to the whole claim or part of the claim and whether it deals with any counterclaim that is being made

The offer can be made at any time, including before proceedings start.

Costs Liabilities Under Part 36 Offers

Legal costs when a Part 36 offer is made are dealt with in the following way, unless it would be unjust to do so:

If the Part 36 offer is accepted within the timeframe set out in the offer, the claimant is entitled to recover their costs of the proceedings up until the date the offer is accepted
If the offer is accepted after the deadline set out in the offer, the claimant can claim their costs up until the deadline and the other party is entitled to have their costs paid after this date, unless otherwise agreed between the parties
If the claimant equals or beats the offer at trial, they are entitled to their costs up until the offer deadline, to be paid on the standard basis, and their costs from that date onwards paid on the indemnity basis, which is at the rate that their solicitor would have charged them and can be higher than the standard rate
Interest on costs is paid at 10% above base rate
Interest on the damages payment is payable at 10% above the base rate from the end date of the deadline to accept the offer
If the claimant does not equal or beat the defendant’s offer, then they will be awarded their costs until the end of the deadline specified in the offer. After that date, the claimant will be required to pay the defendant’s costs plus interest.

A Part 36 offer remains open until and unless it is withdrawn by the party making the offer, usually the defendant in a case.

Should I Accept A Part 36 Offer?

Defendants and their solicitors are skilled at making carefully calculated Part 36 offers. Because there is a financial risk in turning down a Part 36 offer, claimants can feel pressured into accepting a lower offer than they might receive at court.

An expert claims solicitor will be able to advise you of the amount you might recover at court and whether you would be wise to accept the offer or not.

If you refuse the offer, you may receive a better offer, although this is not guaranteed.

Because the offer will remain on the table unless specifically withdrawn, you solicitor will review it periodically during your case to see whether you would be advised to accept it as the case progresses and developments occur.

Representation In Civil Claims

It is important to choose the right solicitor for your civil claim who will be able to put together a strong case on your behalf and negotiate robustly to secure the best possible outcome.

A lawyer with extensive experience will be able to assess an offer on your behalf and advise you of your options.

We can recommend outstanding solicitors across a full range of sectors with excellent reputations for securing the maximum levels of compensation for their clients.

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To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is A Witness Statement?

Solicitors Near Me For Witness Statements – What Is a Witness Statement?

If you are involved in a legal case where evidence is being compiled, you may want to know, what is a witness statement and how will it be used?

A witness statement is a document prepared for a court case setting out someone’s recollection of an event or their knowledge of relevant facts. In civil cases, witness statements are crucial in providing evidence for both sides. If you are involved in a legal dispute or you have information relating to one, you may be asked to provide a witness statement.

Because of the legal importance of witness statements, you should seek legal advice before drafting and signing one. We can recommend a solicitor with expertise in the relevant area of law who will be able to advise you and where necessary work with you to draw up a witness statement.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is A Witness Statement?

A witness statement will support a legal case or provide further information to the court to assist the judge in deciding how to rule. The statement will be accompanied by a statement of truth confirming that the information provided is accurate and true.

Because of the importance of witness statements in a court of law, it is essential that they are carefully drafted and specify only what you know to be true. A statement can be challenged in court and you could be questioned about its contents at length.

When Is A Witness Statement Needed?

Witness statements are used in a wide range of court cases, including family law, contract disputes, personal injury claims and all types of civil law actions. They support the case brought by one side and provide information that can be crucial to the case.

The statement can be made by either side or by someone else in support of the claim or defence. Witnesses can be compelled to attend court to give evidence, but if you need someone to provide help and information, it is generally better to have witnesses who are prepared to take part voluntarily.

Who Can Be A Witness?

Anyone aged 18 or over who has the mental capacity to understand the process and who has knowledge relating to the case can make a witness statement.

Certain witness statements can be used without the need for the witness to attend court. It is often the case that a claim is settled by negotiation, in which case there will not be a court hearing. So even if you make a witness statement, you may not need to go to court to be questioned about it.

The Importance of Legal Advice When Making A Witness Statement

A solicitor will be able to advise you on what should be included in your witness statement. It is important to set out relevant information that will support your case in the best way possible. Effective evidence is vital if you are to win your case, and your solicitor will be able to advise you of the points that you need to include.

Making A Witness Statement

The statement should be in your own words and include facts that you know to be true. It is not the place to put legal argument or your opinion but should include evidence and information about your case.

The statement should make clear what points were in your knowledge and which were information or belief, together with the source of any information or belief that has been included.

Facts should be included to support what you say. For example, showing why someone was negligent by setting out what negligent actions they have carried out.

More than one witness statement giving the same evidence can be used in a case to reinforce a point. Where several witnesses make a similar point, it will carry more weight.

Documents can be included where necessary, although the courts prefer that witness statements are concise and documents not excessive. You will be given guidance as to the maximum length your statement can be, depending on the type of case you are involved in.

What Must Be Included In A Witness Statement?

If you are making a witness statement to be used in a court case, you should keep to the following rules:

The statement should be written in the first person and be in your own words. This means that legal jargon should be avoided
You should only include facts you know and not things that you have heard other people say to be true
Events should usually be in chronological order
If you are connected to the parties involved in the case or you are a party to the case, this should be stated
You should say whether something is a matter of knowledge or belief. If it is your belief, you should say why this is so

The statement should not include your opinion, use persuasive language or seek to argue the case.

You will also be required to make a statement of truth. The wording of this is as follows:

‘I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

Being Questioned About A Witness Statement In Court

If the case that you are involved in goes to court, you may be required to attend the trial and be questioned by barristers about the statement you have made. You should make sure that you are familiar with your statement before you go to court, as you will be asked to confirm that it is your statement and that you do not wish to change anything.

The information you have given could be challenged. The solicitor involved will be able to prepare you for the trial.

Do You Need Help Finding Witness Statement Solicitors Near Me?

If you are involved in a legal case and you need an expert lawyer to represent you, we can connect you with a solicitor who can help.

We handpick experts across a range of legal sectors whom we know will provide both legal excellence and the highest standards of customer service.

Our solicitors include specialists in:

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To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Pulling Out Of A House Sale

Pulling out of a house sale can be a stressful decision to make.

There are many reasons why you might choose or need to pull out of your house sale but it can be confusing knowing where you stand from a legal and financial point of view.

The good news is that you’re well within your rights to pull out of a house purchase…

Until you exchange contracts. Once you do that, you’re bound by the subjects and terms set out in the contract, which is legally binding.

If you are looking for a specialist Conveyancing Solicitor Near Me, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Can You Pull Out Of A House Sale

Yes.

Okay, there is a bit more to it than that, but the basic point is that you absolutely can pull out of a house sale if you want to. You might have had a chance in circumstances, your purchase might have fallen through, or you might simply have changed your mind, but whatever the reason, it’s important to know that you can.

Pulling out of a house purchase before exchange is possible but you might still be liable for certain charges and costs.

If you’re selling your house and you want to pull out, you should speak to your solicitor and ensure that you check the terms of your agreement as signed by your estate agent.

When Can You Pull Out Of A House Sale Without Incurring Costs

You can pull out of a house sale without incurring costs before you exchange contracts in some cases. For example, if your solicitor has a no sale, no fee agreement with you then you won’t incur any further costs.

It all comes down to who is looking to remove themselves from the house sale and the agreements you have – if you have a buyer that is happy to proceed but you decide to pull out, you might still need to pay your estate agent’s fee.

If your solicitor has started work on your property purchase and/or sale, the reality of the situation is that they’ll probably still charge you for the work conducted up to that point.

There’s different ways that fee can be calculated but if you check the terms of agreement you signed with your solicitor or conveyancer, it’ll set out what to expect if you pull out of the sale of your home. The most common outcome is for you to pay for the work carried out so far which might be billed at their hourly rate.

Plus, any costs incurred by your solicitor will also need to be covered. However, it’s common that many solicitors require an upfront payment for their services to cover costs for searches and various admin requirements before they begin working with you.

If it’s a leasehold property that you’re selling, payments made to managing agents, landlords, and leaseholds might not be recoverable either, nor will any mortgage adviser’s fees as part of your property move.

Pulling Out Of A House Sale Before Exchange

Pulling out of a house sale before exchange isn’t unheard of but you should consider all of your options before you make a final decision.

Moving house can be a long and expensive process so it’s important that you speak to your solicitor and explain your reasons so that they can advise on your best route forwards to ensure that you don’t end up having to pay out significant fees without selling your home.

Pulling Out Of A House Sale Or Purchase After Exchange – Can You Do It?

This is something that needs serious consideration if you’re planning on doing it.

Pulling out of a house sale or purchase after exchange can carry significant costs and legal ramifications, so it’s not a decision to take lightly.

It might lead your buyer or seller to issue a ‘notice to complete’ which gives you a 10-day period to complete the sale and if you’re unable to, this will mean you’re in breach of contract.

If you’re a buyer and you wish to pull out after exchanging contracts, the seller WILL be entitled to end the contract AND keep the deposit. They are then free to sell the property and any contents that have been agreed to another buyer as well as claiming damages from you as well as any losses occurred. That might be a depreciation in the value of the property, for example.

If you’re a seller and you’re pulling out after exchanging contracts, you have some legal obligations to deal with.

If you as the seller fail to complete the sale, the buyer can claim a daily rate of interest for the notice to complete, they can claim the original deposit, and any documents must be returned by the buyer to you – but you’ll need to cover the cost of doing so.

There is also a cost over the breach of contract that could mean you end up in a court dispute over losses incurred.

Solicitors Near Me To Advise On Pulling Out Of House Sale Or Purchase

If you’re thinking about pulling out of your house sale or purchase, you should carefully consider your options.

The best thing to do is to seek the advice of an expert conveyancing solicitor to help understand what the best way to proceed is, and at Solicitors Near Me, we’re here to assist with exactly that.

We connect you with expert conveyancing solicitors near you to ensure you have access to the very best legal advice – and you don’t pay a penny for our service.

Until you decide to proceed with the solicitor we connect you with, everything is absolutely FREE…

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Property Deed Of Variation

Property deed of variation is a legal document that allows the terms of a property’s lease to be changed.

It’s often used when a landlord and tenant are looking to change the terms in the lease and the document simply confirms in writing the changes that they’ve agreed on…

Or during a property transaction if there are restrictive covenants in place. In this case, the agreement would be to remove a restrictive covenant.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is A Property Deed Of Variation?

A deed of variation for property is a standard legal document in the property sector that a lot of people might be familiar with.

Other parties other than the landlord, leaseholder or freeholder can vary the terms of a lease if agreed, although it’s unusual – a lender may wish to obtain a deed of variation, for example.

Deeds of variation are usually used to extend a lease under the Leasehold Reform, Housing and Urban Development Act 1993 as well.

As we mentioned before, they’re also used to remove covenants or restrictions on a leasehold title such as if there’s a restriction on leaseholds keeping pets in their home. Leaseholders are within their rights to apply to their landlord for the restriction to be removed, amended, or lessened, and a deed of variation is the legal document they’d turn to in order to agree and complete the changes.

Conveyancing solicitors can assist with deeds of variation and when the reasons for them become more specialised, it’s worth seeking expert legal advice to map out your next steps and ensure you’re following best practices.

If your solicitors finds that there are restrictive covenants on a leasehold property, they will inform you and raise enquiries with the seller’s side during the conveyancing process.

Once they have all of the information from the seller’s solicitors, they’ll be able to bring anything to your attention before contracts are exchanged and a deed of variation might be required to resolve any potential issues for you before you purchase the property.

How Much Will A Property Deed Of Variation Cost Me?

The cost of a property deed of variation will vary depending on what you’re looking to achieve – the more complex it is, the more work that’s likely to be required.

When you factor in the solicitor you choose, your location, the value of the house, and anything else that might be relevant, the price can vary.

A common figure to expect to pay for a deed of variation will be somewhere between £1,000-£2,000, though this may vary.

How Long Does It Take To Obtain A Deed Of Variation For Property?

Any legal process involving a house will always depend on how much co-operation there is between all parties AND the speed at which the legalities can be sorted out.

A standard timeframe for a deed of variation to be obtained is between 2-3 months, although it may take longer if there are any complications.

The reality is that the more parties that are involved in the process, the longer it’s likely to take simply because everything has to pass through more hands.

It’s why finding an expert solicitor is vital…

How Do I Find A Solicitor For A Deed Of Variation?

At Solicitors Near Me, we’re here to help you find the right solicitor for your deed of variation.

We understand the importance of having a top-quality solicitor near you to act on your behalf, which is why we connect you with solicitors for FREE.

Yep, until you decide you want to proceed, there’s absolutely no commitment so you can focus on finding the right solicitor for you.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.