Landlords

Welcome to the Key Properties landlords area.

Landlords, here you can read all of the most recent news and information regarding the property industry, events in and around Manchester and the latest from the Key Properties team.

Agents reduce voids on rental

August 17th, 2010

Letting agents are more successful at keeping rental properties occupied than individual landlords, according to an analysis of deposits from The Deposit Protection Service (The DPS).

Lettings agents ensure that the void period on a property is kept to within two weeks on 63 per cent of properties compared to only 38 per cent for those marketed by landlords directly.

The DPS has assessed the void periods – time when a property is empty of rent-paying tenants – from across 597,753 deposits it holds on rentals in the UK. The exact cost to landlords of rental voids is not recorded, but online letting agent Upad.co.uk calculates that more than £3bn is lost each year.

The figures also point to huge regional differences throughout the country – in one district two thirds of available rental properties were empty for more than three months.

Two of the ten worst areas for empty properties were in Lancashire. However the South was also badly hit, with areas in Surrey, Essex and Hampshire amongst the worst. In some areas 50 per cent of rental properties have been empty for more than three months.

Kevin Firth (pictured), Director of The DPS, said, “Many landlords market their properties very effectively but the evidence we have compiled in the past two years demonstrates clearly that there is more they can learn to try to decrease void periods.

Source http://propertydrum.briefyourmarket.com/Newsletters/JUNGLEdrum-The-newsbeat-from-PROPERTYdrum-18/Agents-reduce-voids-on-rentals.aspx

Housing transactions see summer pick-up

August 17th, 2010

According to the latest LSL Property Services / Acadametrics House Price Index for July 2010, housing market transactions increase for the second consecutive month, rising by 11% in July from 64,915 in June to an estimated 72,100 in July. Transaction activity has doubled since January.

House prices registered their first rise in five months, rising by 0.1% in July. Average prices over the last three months have remained largely stable.

The annual increase in house prices has slowed to 8.1%, owing to the stronger year on year comparisons.

David Brown, commercial director of LSL Property Services comments: “House sales showed particularly strong growth in July, ahead of the usual seasonal uptick. The influx of quality properties on to the market in recent months has alleviated upwards pressure on prices, while buyers took advantage of a slight easing in lending conditions to secure their new home.

“We don’t expect a return to the mini-boom of late last year, but the likelihood of a significant downturn is small too. Small monthly house price fluctuations are likely to continue in the short-term, and there will be considerable regional differences, particularly as the coming budget cuts hit some parts of the country worse than others.

“Longer term recovery is dependent on an improvement in the mortgage products on offer for first-timers. With thousands of frustrated buyers waiting in the wings, unlocking first-time buyer demand is key to re-energising the whole market.”

Source: http://www.acadametrics.co.uk


Property Live

June 16th, 2010

Key Properties understand the properties we let are a valuable investment and are therefore constantly striving to provide nothing but a first rate service, always endeavoring to ensure every property is marketed in the best possible way regardless of price and at no extra cost to the landlord. Every single one of our properties is advertised within hours of instruction.

Key Properties currently advertise on Rightmove, Findaproperty and Zoopla to name a few and most recently we have joined Property Live.

Property Live is the only property search site that’s regulated, protected and run by a professional body of fully accredited agents, it is run by the National Federation of Property Professionals (NFOPP).

Key Properties are now a member of ARLA.

June 16th, 2010

The Association of Residential Lettings Agents (ARLA) was formed in 1981 as the professional and regulatory body for letting agents in the UK. It was recognized that the requirements of the residential lettings market were so detailed and specific that a separate organization was required to promote standards in this important and growing sector of the property market.

The Association of Residential Letting Agents, ARLA, is the only professional body that is solely concerned with the self-regulation of letting agents and for nearly 25 years has been actively promoting the highest standards across every aspect of residential lettings and management in the Private Rented Sector.
ARLA is viewed by government, consumer groups, academia, think tanks and the media as the leading voice in the industry. ARLA members are seen as being at the forefront of the Private Rented Sector, ready, willing and able to comply with existing and anticipated government legislation.
ARLA members successfully create, on average, over a quarter of a million new tenancies a year as well as arranging the renewal or extension of thousands more of existing tenancies every month.

Why Should A Landlord Or Tenant Seek Out An ARLA Member?

Probity and Protection – ARLA leads the industry in setting and regulating the highest standards in the industry and demands certain levels of professionalism and commitment to customer service from its membership.
ARLA members are required to work within a robust Code of Practice, which covers the key stages in letting and managing a property. There are comprehensive membership Byelaws which include compliance with such issues as handling and accounting for Clients’ money; the mandatory ARLA Client Money Protection Bonding Scheme; Professional Indemnity Insurance; Dealing with Complaints and Disciplinary Procedures.
ARLA members are required to employ a minimum of at least one member of staff, in any office, who holds a suitable industry qualification, recognized by the Association.
ARLA keeps it members up to date with changes in legislation and provides wide-ranging training and guidance to help members understand and interpret all aspects of letting and managing a property.


For further information on why a letting agent that is a member of ARLA is beneficial for you do not hesitate to visit www.arla.co.uk or contact Key Properties at www.keypropertiesuk.com



Articles courtesy of ARLA.

http://www.arla.co.uk/infosheets/list.aspx?id=2

Landlord Licence

June 11th, 2010

The landlord licence is officially DEAD!
Thank God for that!

This is something Property Hawk had been campaigning against from the outset!

The most absurd & pointless part of New Labour’s deluge of legislation attempting to tie landlords in bureaucratic knots was killed yesterday when new Housing Minister announced to Parliament that the new Government had no plans to introduce the Labour Parties regulations on the private rented sector. Immediately he binned the landlord registration scheme, the proposed licensing of letting agents and the need for a written tenancy agreement.

Any landlord who claimed at the time of the election. “What’s the difference between the parties; they are all the same.” Can’t surely still be thinking this.

The new government clearly believes that there comes a point when we do have enough legislation to protect the interest of both the landlord and the tenant & that piling more and more layers of effectively duplicate and pointless control will do neither any favours. The only gainers being the bureaucrats that would be ultimately administer the pointless scheme.

Government bins changes

Grant Shapps rightly pointed to the reams of existing legislation that is there to enforce order in the Private Rental Sector.

He said:

“With the vast majority of England’s three million private tenants happy with the service they receive, I am satisfied that the current system strikes the right balance between the rights and responsibilities of tenants and landlords.”

“So today I make a promise to good landlords across the country: the Government has no plans to create any burdensome red tape and bureaucracy, so you are able to continue providing a service to your tenants.”

“But for the bad landlords, I am putting councils on alert to use the range of powers already at their disposal to make sure tenants are properly protected.”


So landlords, we can all sleep and little easier at night knowing that we can get on with our business of letting decent quality accommodation to decent tenants & housing 12% of the countries population at NO COST TO THE TAX PAYER as a right & without the need to get permission first from an over bearing government.

Article courtesy of Property Hawk

www.propertyhawk.co.uk

Private Residential Sector News

June 8th, 2010

“Despite the un-stability of the UK property market, the PRS is fast becoming a growth industry”

Key Properties are subscribers to the Legal 4 landlords newsletter, they are specialists in landlords services. Today the newsletter commented on the Private Residential Sector which we found very interesting and would like to share.

“Rents are now approaching their 2007 peak, with a rise in April of 0.6%, which is 2.2% higher than April ’09.  Annual yields appear to have increased within the private residential sector to nearly 5% from last year.

As consumer mortgages have become unrealistic and for many, unobtainable, more people are looking to the PRS for their housing needs.  Letting agents are seeing a marked rise in customers seeking privately rented homes, while many landlords are looking to extend their portfolios to maintain the demand in this sector”

For more information you can visit the legal 4 landlords website at www.legal4landlords.com or contact Key Properties info@keypropertiesuk.com

08/06/2010
Legal4Landlords [marketing@legal4landlords.com]

Key Properties Reaches Fever Pitch

June 1st, 2010
World Cup 2010

World Cup 2010 | Who are you backing?

Key Properties and its entire staff are gearing up for World Cup frenzy which is soon to take Manchester, Salford Quays and all its residents by storm.

The participating teams have made there final preparations so be sure to make yours too. Manchester and Salford Quays will have a host of premises showing all the games so don’t miss the opportunity to visit, or alternatively fast track your search for a fantastic new flat so that you’ll be one of the lucky few with the carnival of The World Cup on your doorstep!

We hope to hear from you soon, in the meantime……….Good Luck!

Click here to download a free world cup 2010 wall chart.

Spinningfields outdoor cinema is back!!!!!!

May 28th, 2010

Spinning fields outdoor cinema has made a return much to the delight of the Manchester residents. They will be showing films on Thursday evenings and all showings are open to the public. Be sure to make your way down there with friends and partners  and share some of the film industries classic movies.

Now all we need to do is keep our fingers crossed that the weather holds out for these special nights!

All film times and dates are listed below for your convenience.

20th May – Control (15)
27th May – Cocktail (15)
3rd June – Dirty Dancing (12)
10th June – The Italian Job (U)
17th June – Leon (15)
24th June – Pretty Woman (15)
1st July – Match Point (15)
8th July – Sound of Music (U)
15th July – Roman Holiday (U)
22nd July – Layer Cake (15)
29th July – Ferris Bueller’s Day Off (15)
5th August – Blues Brothers (15)
12th August – Stand by Me (15)
19th August – Moulin Rouge (15)
26th August – Borat (15)
2nd September – The Devil Wears Prada (12)
9th September – The Quiet Man (U)

Manchester 10k Bupa Run

May 19th, 2010

Its Wednesday and 7 members of Key Properties staff are still nursing sore feet and aching limbs after completing the annual Great Manchester 10k run on Sunday, raising funds for Macmillan Cancer Support in the process! A record 36,000 entrants participated in the run that started on Portland Street in the city centre before winding its way down Chester Road, past Old Trafford to the halfway point at Salford Quays (just a stones throw from Key Properties headquarters) and then heading back to the finish line on Deansgate, just a few feet from the city centre branch of Key Properties. All members of the Key Properties team finished the race under their personal targets and have currently raised £1500 and counting…

Lettings negotiator Thomas Bett easily beat his arch nemesis Azim Kourah by more than a minute, rubbing salt in an already open wound!


Jargon Buster

May 11th, 2010

Additional security fee

This is a one-off fee charged by the lender. It is usually payable, up-front, on mortgages of more than 75% of the house value in order to protect the lender from repayment defaults. It is also known as MIG (Mortgage Indemnity Guarantee), Indemnity Premium or Indemnity Guarantee Premium.

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Annual percentage rate

This is commonly known by its acronym, APR. The APR gives the true annual cost of a finance agreement, expressed as a percentage, through the calculation of interest, insurance provided and any other fees charged. It provides an excellent basis for comparison across loans.

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Arrangement fees

These fees cover the arrangement of loans on certain products. They usually apply to loans for which a special rate of interest applies; for example fixed or capped rates.

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Assignment

This is the transfer of ownership of a lease or insurance policy.

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Auction

This is a public sale in which the price is determined by bidding, and the item (in this case the property) is sold to the highest bidder.

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Basic variable mortgage rate

This is the standard rate of interest charged by a mortgage lender, who, taking into consideration any influential economic conditions, may, at times, increase or decrease this rate accordingly.

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Bridging loan

This is an interim loan that provides financial cover to allow the purchaser to complete on a new property before selling the one they currently own.

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Building survey (formerly full structural survey)

This is an examination of a building by a surveyor in order to produce a full report on the structural integrity of the property as well as its state of repair. Although all houses should be surveyed, and, indeed, many mortgage providers require it, it is particularly useful for older properties, those in a state of disrepair, those that have been extensively altered or extended, or any property that you may wish to alter or extend yourself.

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Buy to let mortgage

This is a type of mortgage that is specifically tailored for those individuals who are intending to buy a property in order to let it.

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Capital

This is the amount of the loan upon which interest is calculated.

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Capped mortgage

This is a mortgage, normally agreed over a fixed period of time, with an upper limit (or cap) above which the rate of interest cannot rise. If the standard interest rate is lower than the upper limit then you will be charged at the lower rate; if the standard variable rate is higher then you will be charged at the rate agreed.

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Chain

This situation occurs when a line of buyers and sellers are all simultaneously involved in linked property transactions. When one of these is not successful – for instance, when someone’s house sale falls through – the entire ‘chain’ breaks and each of the transactions is held up, or they fail entirely.

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CML

This acronym stands for The Council of Mortgage Lenders, a body that devised the Mortgage Code to ensure that lenders treat consumers fairly. This Code no longer exists as the FSA (Financial Services Authority) is now responsible for regulating mortgage lending on a statutory basis.

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Completion

This is the last stage in the purchase of a property. At this point, all transactions concerning the sale of the property have been finalised and legal transfer of ownership passes to the buyer.

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Conditions of sale

The detailed, standard terms which govern the rights and duties of the buyer and the seller of the property as specified in the contract that they sign. These may be national, statutory, or conditions of the Law Society.

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Contents insurance

This insurance covers loss or damage to your possessions within the property, subject to the terms and conditions of the agreement.

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Contract

This is a legal agreement between the seller and buyer of a property which binds both parties to complete the sale and purchase of the same.

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Contract race

This describes a situation where the vendor is preparing to sell to the first of two or more potential buyers to exchange contracts when all have made an offer on the same house.

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Conveyancer

This is a third party, such as a solicitor or licensed conveyancer, who is hired by the buyer or seller to deal with the legal aspects of a property transaction.

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Conveyancing

This is the name given to the legal process of transferring the ownership of property from one party to another.

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Covenants

These govern the use, requirements and restrictions of a property and are contained in its title deeds or lease.

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Deeds

These are legal title documents that transfer the ownership of property from one party to another. The deeds will be held by the mortgage lender.

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Deposit

This is a proportion of the total cost of a property (very often 10%), which is paid out by the buyer (rather than included in the mortgage agreement) upon exchange of contracts.

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Detached

This term describes a property that stands alone from other properties, having no adjoining walls.

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Development

This term describes a newly built residence (or group of the same) or an older property that has been refurbished and modernised.

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Dilapidations

This term describes any disrepair or damage to a property; it is usually used in relation to a rented property.

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Disbursements

These are the fees paid by the buyer’s solicitor on behalf of their client and include items such as stamp duty, land registry and search fees.

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Discharge

This describes paying off (or discharging) a mortgage.

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Draft Contract

This is a preliminary document, setting out unconfirmed contractual arrangements.

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Early redemption charge (ERC)

This is a charge that may be levied by the lender if the borrower discharges a mortgage in advance of the terms of their particular agreement. This can take place in situations where the borrower has benefited from reduced payments or a cash back arrangement earlier on in the term of their mortgage.

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Endowment mortgage

This is a mortgage upon which the borrower pays only interest, in addition to the premiums of an endowment assurance policy, the proceeds of which ultimately repay the mortgage.

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Equity

This is the monetary value of a property or business beyond any amounts owed on it in mortgages or other claims.

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Excess

This is the sum of money, agreed in advance, that the claimant is expected to pay out themselves prior to receiving the rest of the amount as an insurance claim for losses incurred.

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Exchange of contracts

This is the point at which signed contracts are physically exchanged, signifying a legal commitment from both the buyer and seller to the purchase and sale of a property under the agreed terms.

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Failed valuation survey

This occurs when the surveyor’s report indicates that the value of the property is less than the sum requested by the borrower; on the basis of this the lender may then refuse the mortgage application.

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Fixed rate mortgage

This is a mortgage for which the agreed rate of interest is set for a specific period and cannot be increased or decreased during that time.

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Fixtures & fittings

This term describes all non-structural items included in the purchase or lease of a property.

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Flexible mortgage

This describes a mortgage whereby the borrower can choose to increase or decrease their repayments, normally on a monthly basis, depending on what is convenient for them at the time.

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Freehold

This term describes the ownership of a property that is not constrained by time (please refer also to ‘Leasehold’).

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Gazumping

This can only happen before the exchange of contacts. It occurs when the seller agrees to sell to one buyer but sells to another at a higher price – or increases the price of the property when two or more parties show interest.

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Gazundering

This can only happen before the exchange of contacts. It occurs when the buyer reduces his offer to the seller after an initial price has been agreed.

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Ground rent

This is the annual charge that is levied by the freeholder on the leaseholder.

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Guarantor

This is a party who guarantees repayment of a loan, using their own assets if necessary. A lender may sometimes require a borrower to appoint such a party.

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HMO

Homes of Multiple Occupancy.

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Homebuyer’s survey and valuation

This is a survey report that is carried out by a chartered surveyor to assess the state of a property and its value. It is not as detailed as a structural survey.

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IFA

Independent Financial Adviser.

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Individual savings account (ISA) mortgage

This is an interest- only mortgage which is linked to a tax-efficient Individual Savings Account (ISA) fund. At the end of the loan period, this pays off the outstanding loan amount.

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Interest charges (mortgage)

This is the actual cost of a loan, calculated as a percentage of the amount borrowed and charged by the lender accordingly.

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Interest-only mortgage

This is one of two types of mortgage, the other being a capital repayment mortgage. The total amount due on an interest-only mortgage stays the same throughout the mortgage term – only the interest ( and a premium to an investment vehicle) are paid. The proceeds from the investment vehicle are then intended to repay the mortgage at the end of the mortgage term. The amount available will depend on the performance of the investment vehicle. A borrower who chooses an interest- only mortgage is responsible for ensuring that there are sufficient funds available for the repayment of their mortgage at the end of the term.

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Inventory

This is a detailed list that describes the furnishings and contents of a leased property (and their condition). It is agreed between owner and tenant at the commencement of the tenancy in order that any dilapidation occurring during the tenancy can be identified.

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Joint tenants

This describes ownership of property by two parties whereby if one of them dies, their share of the property automatically transfers to the surviving party, thus giving them full ownership. With this arrangement, no will is required to transfer the property.

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Land registry fee

This is a fee, paid to the Land Registry, in order to register ownership of a property.

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Lease

This is a contract granting use or occupation of property over a specified time and for a specified payment. After the expiry of a lease, ownership may revert to the freeholder or superior leaseholder.

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Leasehold

This term describes the ownership of a property that is constrained by time – the period of time specified in the lease agreement. (Please see also ‘Freehold’).

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Lender’s arrangement fees

This is an amount charged by the lender to the borrower for the arrangement of a loan.

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Lender’s legal fees

These are the legal fees that the lender is required to pay when arranging a mortgage. The cost of the fees is passed on to the buyer of the property.

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Listed building

This describes a property that has been included on a statutory list of buildings of special architectural or historic interest. Such buildings cannot be altered or demolished without (local) government consent.

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Loan to value (LTV)

This is the amount of an outstanding mortgage expressed as a percentage of the property’s value.

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Local authority search

This is the procedure whereby a conveyancer approaches the local authority to ascertain whether there are any outstanding enforcement or future development issues which have the potential to affect a property or its surrounding area.

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Maintenance charge (or service charge)

This is the cost of maintaining (and repairing) communal parts of a building, whether internal or external. It is payable by the tenant or leaseholder.

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Maisonette

This describes a property whose accommodation is arranged over two or more floors, normally used as a self-contained apartment.

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Mortgage

This is a loan in which the borrower offers a property and land as security to the lender (the mortgagee) until the loan is repaid, normally over a long period due to the large amount borrowed.

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Mortgage deed

This is a legal document that states the interest a lender has over your property. It contains the legal terms of the mortgage agreement.

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Mortgage indemnity guarantee (MIG)

This is an insurance payment that mortgage lenders may require buyers to make if their loan exceeds a specified proportion of the purchase price.

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Mortgage indemnity premium (MIP)

This is an insurance policy that protects the lender against mortgage repayment defaults. Although the policy is of benefit to the lender, it is usually the borrower who pays the insurance premium.

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Mortgage payment protection (MPP)

This is insurance against your inability to meet your mortgage repayments, should you be unable to work because of illness, disability or redundancy. It normally comes into effect for a limited period, usually a year.

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Mortgage rate

This is the standard variable interest rate that is quoted by mortgage lenders. It will normally follow the Bank of England’s base rate. Discounted mortgage rates are all based on this rate.

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Mortgage term

This is the period of time over which the loan is to be repaid. For repayment mortgages this will happen over that period. For endowment mortgages, this will happen at the end of the period.

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Mortgagee

This is the organisation that provides a mortgage to the buyer of a property and can include banks and building societies.

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Negative equity

This occurs when the amount owed on a mortgage is greater than the value of the property that has been mortgaged.

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NHBC scheme (National House-Building Council)

This is a specific type of building guarantee that may be available on newly built homes. It guarantees that defects occurring within a specified time after construction are resolved.

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Offer

This is the sum of money that the buyer offers the seller, in exchange for the property.

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Offer of a loan

This is a formal document that approves the mortgage that has been applied for and details the terms and conditions that will apply to such a mortgage.

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Ombudsman

This is a third-party professional body who deals with and investigates complaints on behalf of customers. These can include complaints against, for example, estate agents, insurance companies and solicitors.

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Open market value

This is an opinion of the best price a property would acheive on the open maket, assuming a willing buyer and seller.

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Payment break

This is an option on some flexible mortgages that allows the borrower to take a break in making mortgage payments for a specified period. This is normally up to 6 months.

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Penalties

These are the costs that can be incurred if the borrower wishes to repay a loan early (i.e. to facilitate a change of lender).

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Peppercorn ground rent

Also known as ‘Peppercorn rent’ or just ‘Ground rent’. This is a fee that is paid to the freeholder as a condition of a lease. It is normally a small amount and is generally paid annually.

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Pied a terre

This is a property normally kept for occasional or secondary occupation.

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Preliminary enquiries

These are the the initial enquiries about a property that are put to a seller and to which the seller must respond before the exchange of contracts.

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Premium

This is the cost of an insurance policy, normally paid monthly.

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Premium lease

This is a special type of lease, in which a lump sum is paid at the start of the period, instead of a monthly rental.

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Principal

This is the original, total sum of the loan which is used to calculate interest.

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Public liability insurance

This is an insurance policy, taken out by the owner, which covers them in case of injury or death to anyone on or within the perimeter of a property.

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Purchaser

This is the person or legal entity who is buying a property from a seller.

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Re-mortgage

The refinancing of a property normally occurring when switching a mortgage between lenders or when a second mortgage is taken out to draw down equity gained by a rise in the value of a property.

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Redemption

The point in time at which a mortgage has been fully repaid.

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Repayment mortgage

This is a mortgage that is repaid by way of regular, normally monthly, installments that combine capital repatments with interest.

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Repossession

This is when the mortgage lender takes possession of a property due to non-payment of the mortgage, as per the agreed terms.

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Retention

This is when a sum of money is held back from the original mortgage loan amount pending completion of outstanding repairs or improvments to the property.

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Search

This is a request or enquiry for information about properties by a local authority of HM Land Registry.

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Semi-detached

A property that is structurally joined to an other house. Both houses will have been built at the same time.

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Service charge

Please refer to ‘Maintenance charge.’

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Sole agent

This is an estate agent who has been exclusively appointed to sell a property by the seller.

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Solicitor

A lawyer who gives legal advice and prepares legal documents who would normally handle all documentation for the sale or purchase of a property.

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Stamp duty

Also known as ‘Stamp Duty Land Tax’. This is a tax paid when you purchase a property with a value of at least £125,000. At its current rate, properties between £125,001 and £250,000 incur a rate of 1%, properties between £250,001 and £500,000 incur a rate of 3% and properties over £500,001 incur a rate of 4%.

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Structural survey

Please refer to ‘Building survey’.

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Studio Flat

A self-contained flat consisting of one main room, normally with a separate bathroom and, in some cases, a separate kitchen.

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Subject to Contract

This indicates that an agreement is not yet legally binding and either party could back out without legal implications.

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Surveyor

A professionally-qualified person who can carry out surveys and valuations.

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Tenancy

This is when a property is temporarily occupied by a tenant.

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Tenancy agreement

This is a legal binding document designed to protect the rights of the tenant and of the landlord. It contains the details, terms and conditions of the tenancy.

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Tenant

A person who occupies property owned by another person, based on a tenancy agreement between those parties.

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Tenants in common

This is a form of ownership by which two or more people take equal share in a property. Should one of them die, their share of the property in question forms part of their estate and therefore would not pass to the other tenant(s).

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Tenure

This is the manner in which a property is held (i.e. leasehold).

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Terraced house

A property that is one of a connected row of houses, planned and built as a single unit.

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Title deeds

These are documents that indicate the legal ownership of a property.

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Transfer deeds

These are documents, prescribed by HM Land Registry that are used to transfer real property from its legal owner to another party.

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Under offer

When a seller has accepted an offer from a purchaser but contracts have not yet been exchanged, the property is considered to be ‘under offer’.

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Valuation

This is the value of a property, normally used for mortgage purposes, attained from a basic survey of the property. Mortgage lenders insist on a valuation before lending.

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Variable Base Rate

This is the basic rate of interest that is charged on a mortgage. It may vary in accordance with the Bank of England’s base rate and relevant market conditions.

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Vendor

This is the person or legal entity selling a property.

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Yield

This is the annual return income from a property expressed as a percentage of its value.

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My current tenants are coming to the end of their 12 month tenancy. How do I go about increasing the rent….?

May 11th, 2010

If the Tenancy Agreement makes no provisions for the landlord to make a rent increase after a certain period then you have two options:

  1. Renew the contract at the end of the fixed term but at an increased rent.
  2. At the end of the fixed term, serve a Section 13(2) Notice of the Housing Act 1988, proposing an increase in rent.

The rental increase should be considered in relation to the rental to that of other similar properties in the same area. If the increase puts the rent well above the current market value, tenants can apply for the rent to be assessed by a Rent Assessment Committee. If they then reduce the rent, you are bound to this figure for 12 months.

It is always worth asking your agent what the current rental market is like as an indecent rent increase can scare tenants into handing in their notice.

My agent mentioned a break clause tenancy. What exactly is this..?

May 11th, 2010

A break clause will most commonly allow either the landlord or the tenant to give notice at an agreed interim stage of a tenancy. This is usually requested by the landlord or the tenant if the initial fixed term is for a year or more.

For example, a 12 month tenancy may have a 6-month break clause which means that the tenant or landlord can give notice to terminate at the 6-month stage. Notice cannot be given prior to this date nor can it be given after the break clause stage has expired.

Care should be taken when instructing the notice as it is very important to take into account how much notice is required and when this has to be served. Some tenancy agreements state that one month notice must be given by the tenant to fall in line with a rent due date.

If notice is given just one day after the rent due date then this can in fact mean that nearly 2 month’s notice is given because it is not effective until the next rent due date. The notice for the break should be given to expire at the 6 month stage in this example.

Landlords must provide the tenants with 2 months notice whereas tenants should provide 1 month notice to the landlord should they want to leave after the first 6 months.