Coverage of our Will Aid efforts

The media continues to pick up on our efforts to promote the importance of organising a Will.

In Saturday's Times newspaper, (P78) was an extensive article on making Wills, and Guy Crowther was quoted throughout the piece.

Radio presence

We were delighted to be asked to comment on the upcoming WillAid month by the local radio station, Eagle Radio. This followed last weekends piece on the southern BBC local radio stations, and we're looking forward to seeing what November brings!

It's not easy being a lawyer ...

We were very pleased to see that our article on some of the challenges that lawyers face when it comes to transacting properties has been published in the estate agents' magazine, The Negotiator.

We highlight some of the problems that we face, in particular, our responsiblities, not only to our clients, but also to any prospective mortgage lender that will also have an interest in the property.

We originally called the article, "Why don't lawyers just take a view" because that's what we're asked all the time!

Click here for a copy of the article

The Partnership joins WillAid

We're delighted to announce that we're taking part in WillAid - the charity that benefits from people making wills through firms such as ourselves, through "Make A Will month".

We will put together a basic Will for our clients, and instead of charging our normal fee, clients are asked to contribute to a donation to the Will Aid Charities.

More details can be found here about this charity, and we welcome people to contact us for more information about how we are working with this organisation.

Another milestone passed today - 5000 standalone EPCs

Delighted to see that we reached another milestone today - we have completed our 5000th standalone EPC.

Obviously this does not include the 10,000 that we carried out part of our Home Information Pack service, but is still an excellent figure.

“Is it safe ?”

We’re not trying to draw parallels between Laurence Oliver’s character torturing Dustin Hoffman in the 70’s classic film Marathon Man, and the behaviour of mortgage lenders, but we are seeing an increasing level of caution from them at the moment which is resulting in transactions being delayed. We have examples of financing being withdrawn after the offer was confirmed in writing, because an asbestos survey has been carried out, (even though it came out negative) and finally, because of concerns about development of the cross-London line, CrossRail, even though the property was in a block of flats that had previously obtained financing from them without question. This combined with continued reduction of panel numbers means that getting deals through is taking rather more work on our part, but our completion levels continue to grow month on month and we are looking forward to a strong end of the year.

For sale signs banned
Following Brighton’s lead, two areas of London have now been designated as “board free” in what could spell the beginning of the end of the “for sale” sign. Although opinions are mixed over the effectiveness of these signs with some agents suggesting that they should be scrapped altogether, the new restrictions come into force today in large parts of west London. In Kensington & Chelsea, there is a ban that covers nearly half the borough, with other councils keeping a close eye on the impact of the change.

New Partnership wills service launched
Given that it is estimated that over half of the population has not made a will, it is not surprising that a large number of our clients have asked us for help in this area. In response to this, we have recently launched our will advisory service, utilising the skills and experience of Guy Crowther, who was formerly the head of the family department at a leading Surrey law firm, and has years of experience in the delivery of wills for the most complex estates. As with all our services, we focus on efficiency with a 24 hour turnaround once the discussions and investigations are complete. Contact us on wills@thepartnershiplimited.com for more information, and there are more details on our website, www.thepartnershiplimited.com/html/wills.html

Extension of discounts for referrers
We are extending our discounting service that we offer referrers that choose us for their legal services. We have always offered significant discounts on Home Information Packs and Energy Performance Certificates for agents and assessors who refer work to us, and we are now extending this to our conveyancing and wills services. The discounts can be obtained by anyone that has referred work to us at any time in the past and translates to significant savings. Please contact us on 01483 579 978 or referrers@thepartnershiplimited.com for more information about the referrer discount programme.

Wills are now included in our service offering

We're delighted to announce that we are now able to offer wills to our private clients who are looking for the same personal service that we've been providing for all these years.

We understand that for many people, the idea of drafting a will is not exactly the most pleasant matter that they want to deal with, but most are unaware of the pitfalls of not having a will in place. Indeed, most assume that their dependants will benefit automatically, but this is not the case, and our solicitors here are on hand to help people through the process.

Visit www.thepartnershiplimited.com/html/wills.html for more information

Is Autumn starting early?

The good news is that we're starting to see signs of life returning to the property market after what seems like an interminable August. Without wishing time away, like many of the agents that we speak with, we're delighted that September is finally with us and buyer interest is definitely on the increase.

One trend that we've spotted is "seller resentment" as we have coined the phrase. This is where a buyer has negotiated a lower price for a property and the seller feels (inevitably) rather hard-done by, and is therefore far less likely to be amenable to giving in on any demands during the conveyancing process.

Completely understandable, but it does make life rather difficult for all involved in the process - let's hope that with an increase in activity, that this issue will start to become history.

“Ouch Mr Pickles, that hurt”

Even by the standards of the rollercoaster ride that was the Home Information Pack industry, their immediate suspension in May left us feeling like Bobby in John Boorman’s classic film, “Deliverance”. The last few months have proved extremely challenging for companies that were providing HIPs, but we're delighted to be here, continuing to support our clients. We are slightly bemused by the irony that the reason given to suspend HIPs was to improve the housing market, as some commentators partly attribute this decision to creating the oversupply of properties that has caused prices to fall. Sadly, as most government discussions about housing seem to concern scrapping recent reforms, we doubt that we will see any proactive improvements to the house buying process during the lifetime of this Parliament.

Mortgage lenders creating challenges
There have been stories in the press recently about mortgage lenders removing solicitors from their panels, which has raised concerns amongst some that this will lead to problems with conveyancing. However, such decisions are generally temporary and are just an inconvenience rather than a major stumbling block. Given that the solution is simply to use a law firm of the lender’s choosing to represent their interests, this causes few problems for clients, although other firms may well charge additional fees for this work. This is likely to continue for the foreseeable future so it is likely that buyers may have to become accustomed to this slight change in the conveyancing process.

Energy Performance Certificates (EPC)
There remains a surprising amount of confusion over the requirements for Energy Performance Certificates. They must still be commissioned by clients before a property may be marketed, but they do not have to be delivered and so do not hold up the process. Whilst there are rumours that this may change in the future, with energy ratings potentially being required on for-sale signs, for now, there is no impact on the ability of an agent to market a property. Our EPC service remains extremely popular, especially with our full refund of the costs involved for any client using our conveyancing service that is going from strength to strength.

Title Request Service
Many agents have expressed disappointment that the suspension of HIPs mean that they no longer receive title documentation for properties they are selling. When combined with the recent changes to the Land Registry website this has meant obtaining titles can more time-consuming for clients with expired accounts than before. We are pleased to offer a title service, whereby we will obtain the title information (including leasehold documents if required) for a fixed fee of only £20+VAT for a freehold title and register plan - leasehold documentation costs £30+VAT. Please email us on info@thepartnershiplimited.com for more information about this service.

The Partnership Blog launched
As part of our drive to push more information to our clients and referrers, we have decided that the time has come for use more modern communication methods and have today launched our blog which contains the latest news and updates from both industry and our business. Click here for a link to the website.

HIPs suspended

In a shock announcement, the government has decided to suspend the requirement to provide Home Information Packs for properties to be marketed. However, it has confirmed that Energy Performance Certificates must still be commissioned before a property may be marketed.

"We’re sorry – there’s no-one available - please leave a message after the tone"

When we received a promotional email from a company offering “cut-price conveyancing by qualified and experienced solicitors” we decided to take them up on their offer and called for a quote. Unfortunately, no-one was available to take our call, so they couldn’t give us the low-price they had promised. We find it surprising that some consumers still do not understand that a low-cost service can only mean cheaper, fewer and less-experienced staff to deal with their issues. Ironically, the payment of referral fees reduces the margin that providers can make, resulting in an even poorer service. We continue to question the ethics and the wisdom of such fees, as the quality of a referred company directly reflects on the company giving the referral and ask how can any company concerned about its reputation recommend a supplier that has been forced by their actions to offer a poor quality service?

Planning permission required for HMOs

A recent change in the law has meant that landlords looking for buy-to-let properties may find it more difficult than before. Since April 6th, under an amendment to the Town and Country Planning Act 1990, all properties that have not been let out to multiple individuals (Houses in Multiple Occupation - HMOs) previously, must receive planning approval from the local authority if an owner wishes to change their use to do so. The rationale behind this change is to try and reduce “student-only” areas of towns, but its impact could be far-reaching. We have already experienced a local authority refusing planning permission to one of our clients which halted a deal that was close to exchange.

Energy Performance Certificate (EPC) concerns

One of the most common frustrations with EPCs is for sellers of older or more unusual properties, especially where clients have spent time and money improving their properties to make them more energy efficient. For certain types of properties, such improvements do not always result in good energy ratings and high fuel bill estimates, and this can be highly disappointing. Agents should be aware that we are happy to provide an explanatory sheet for clients explaining the reasons for their rating, which can often help to reduce tensions in such circumstances.

Website launch focussing on conveyancing service

We continue to be delighted with the positive response from clients and agents to our responsiveness and professionalism with our conveyancing services. After just a couple of months, agents are referring clients to us for conveyancing due to the confidence we have been able to generate with our proven communication expertise. Our new iPartnership system is proving extremely popular, enabling agents and clients to keep track of the case as well as add their own questions and comments.

iPartnership is accessed in exactly the same way as our existing system and our new website will be going live later this month.

"Hiring today for another scapegoat - HIPs need not apply"

The Conservatives claim that HIPs are responsible for reducing the number of properties coming onto the market - indeed, they were a worthy scapegoat for the stock shortages in 2009 which forced up prices and lead to much frustration for agents and buyers. However, in the last few months, there has been a significant increase in instructions, with buyers having a wider choice of properties which in turn is slowing purchase decisions. Given this, we’d be interested in how the Conservatives can explain this, as they appear unshakeable in their opinion that HIPs have strangled instructions levels and must be eliminated. As the more likely explanation is the cyclical nature of the market, the opposition may need to find another justification for the unemployment they will create by their “Baby-and-Bathwater” approach to HIPs.

EPC on newbuilds

There is confusion over whether a standard Energy Performance Certificate (EPC) can be used on properties completed since April 2008. Since January 2006, all new developments need an EPC based on a complete Standard Assessment Procedure (SAP) report, which are usually produced by the developer or architect. Upon completion of the building, an On-Construction EPC (OCEPC) is needed to be validated by building control officers to sign off on building regulations. Given that there are circumstances where these final reports have not been produced, for example, a developer has gone into receivership, this makes the sale of the property difficult without the final report. Many thought a standard EPC (using a reduced version of the SAP calculations) could be used on the property once complete. However, this is not the case and standard EPCs cannot be used on any property completed after April 2008 - the full SAP report must be used. There have been cases where solicitors have refused to exchange because there an appropriate report was not available. A domestic energy assessor may lose their licence by producing an EPC on a property that should have full inspection, and is unlikely to be insured to produce the report.

Clarification on HIP exemptions

We have found agents disagreeing with one another over the exemption of a property requiring a HIP. In one case, one agent attempted to undermine the credibility of another by telling a prospective seller they had been mis-sold a HIP when one wasn’t needed, when actually the case was not clear-cut. This is quite a common occurrence when considering properties with over five hectares (~12.5 acres) of land. Just because a property has more than five hectares, does not automatically mean it is exempt, as the primary use of the land must meet one of the following three criteria;

- Horticulture or cultivation
- Breeding or keeping of animals
- As grazing lands or woodlands

The full details of the law is available through our online HIPKnowledge and can be downloaded by clicking here:

http://www.thepartnershiplimited.com/Documents/HomeInformationPackRegulations-AcreageExemptions.pdf

Partnership conveyancing goes from strength to strength

The feedback on our new interactive conveyancing service has been overwhelmingly positive, with agents being delighted with our trademark communication expertise helping them complete complex deals more quickly than traditional solicitors. We have approximately 50 cases underway and are always interested in referrals; we will be announcing an incentive scheme later this month, with a monthly raffle for a case of wine for agents that refer potential clients to us, irrespective of whether we are instructed or not.

iPartnership launched

As part of our website development launched last month, we are delighted to announce that our online case management system, iPartnership, is now available to our clients and agents. The upgrade includes vastly improved presentation, as well as agent access to cases where their clients are using us for their conveyancing. This unique service enables agents to track the case online and even add their own notes to the case. The sophistication of the system means that any notes added by agents cannot be seen by clients, although agents may see all the comments added by clients.

Referral fees come under further scrutiny

Following our survey about our concerns about undisclosed referral fees being paid to estate agents, the Mail on Sunday has picked up the story and their latest reporting gives details about their concerns.

Click here for article

“A thousand monkeys at a thousand typewriters …”

When Aristotle suggested that sufficient random typing would generate the works of Shakespeare, he probably didn’t envisage that this could be applied to the miles of newsprint still being devoted to discussions about Home Information Packs (HIPs). Judging by the feedback from agents, we suggest that the time for discussions about their merits or demerits has passed. We believe that it is time to move on to more pressing matters, such as the issue of the transparency of referral fees and quality concerns about the conveyancing process. Indeed, this was borne out in our recent survey which highlighted that in the opinion of many agents, a few well-trained solicitors are seen as being far more productive than dealing with the thousands of individuals working in conveyancing call centres.

iPartnership launches today

As part of our website development launched last month, we are delighted to announce that our online case management system, iPartnership, is now available to our clients and agents. The upgrade includes vastly improved presentation, as well as agent access to cases where their clients are using us for their conveyancing. This unique service enables agents to track the case online and even add their own notes to the case. The sophistication of the system means that any notes added by agents cannot be seen by clients, although agents may see all the comments added by clients.

Referral Fees – more coverage

Following their reporting last month of the results of our survey on referral fees, the Mail on Sunday has been prompted to investigate the issue further. Whilst in our survey we found that referral fees had a minimal impact on the choice of solicitors, the paper claimed that if an agent recommended a solicitor that this should disqualify them automatically. Notwithstanding the rather emotive language used, it is clear that solicitors must declare any fees paid to agents to their clients.

The original article is shown here:

http://www.dailymail.co.uk/property/article-1247684/Sellers-misled-agents-backhanders.html

and the latest article is included here:

http://www.dailymail.co.uk/property/article-1252890/MARKET-WATCH-Is-estate-agent-taking-bribes-lawyer.html

Naturally we remain committed to questioning the ethics of referral fees and will continue to offer our conveyancing and Home Information Pack service to clients without such fees.

Commercial Energy Performance Certificates

A trading standards officer visited one of our clients last week and questioned them as to why the reference number on the recommendation report for the Energy Performance Certificate (EPC) was different from the certificate itself. This is because commercial EPCs are produced in two separate reports, rather than the single report in the residential version. Unfortunately the reference number is not cross-referenced in both, with the recommendation report only referring to the certificate but not vice versa. As the trading standards officer requested that both the certificate and recommendation report should be included with the property particulars, (we do not agree that this is a requirement under the law) they questioned the validity of the report because of the difference in numbering, which is not the case.

New website launched

As the company increases its expansion into offering conveyancing, The Partnership is delighted to announce their new website which will serve as a starting point for all clients and agents.

Click here

“We've got to get some booze … we can't go on like this”

When Richard E Grant voiced his frustration about the cold in the classic film “Withnail & I”, he would have been surprised to learn that the Conservative party would, decades later, use the same phrase as part of their marketing strategy. With David Cameron making 20 foot appearances on billboards throughout the country, the party is clearly trying to exploit what they perceive as electorate frustration. However, their plans to sweep away HIPs and with them, thousands of livelihoods, ignores the progress they have brought, such as the improved delivery of searches, reduced local authority search pricing and increased commitment by sellers, all of which reduce elements of frustration in the property market. With increasing numbers of industry figures supporting a change to HIPs, the Conservatives should perhaps consider eliminating frustration elsewhere – the condition of the roads for example.

Survey highlights irrelevance of solicitor referral fees to agents
As part of the launch of our conveyancing service, we surveyed our clients to obtain their views on the legal profession when it came to conveyancing. By far the most important aspect was the ability of the solicitor, closely followed by their responsiveness. We were delighted to confirm that for most agents, the promise of a referral fee from a solicitor played a minimal part in a decision to recommend them. Indeed, it is also becoming increasingly common for agents to warn clients against poor quality conveyancers, as higher levels of service and ability are becoming vital to the sales process.

New website and iPartnership

With the start of a new year, and the launch of our conveyancing service, we have overhauled our website, with the new-look version available here:

www.thepartnershiplimited.com

As part of the redesign, and following feedback from clients, we have extended our online case tracking system, iPartnership, to enable vendors to view all their conveyancing and Home Information Pack instructions. In addition to providing access to documentation and return dates, clients are now able, like agents, to add their own comments and questions onto the system. As ever, clients may only see our and their comments, and not those added by agents.

The Partnership Knowledge Library

The past few months have resulted in an increasing number of questions from agents about legal aspects of HIPs. In particular, whether a HIP is required, whether the contents need to be refreshed and timescales. When we provide advice, we also provide documentary evidence of the law to our clients. To simplify access to this valuable information, we have extended our highly respected HIP Knowledge online system, (which, to date has answered over 36,000 queries) to include links to the legal documentation required.

www.thepartnershiplimited.com/html/faqs.html