The Partnership Property Lawyers

The Partnership raises concern about lenders abusing their position

2012-01-22T20:41:00.004Z

For Immediate Release
Guildford, Surrey – 22nd January 2012 – The Partnership has evidence that banks and building societies are misleading their mortgage clients over legal representation and costs, with the result that one of their clients has instructed the financial ombudsman to take direct action.

Traditionally, solicitors represented both the buyer and the mortgage lender in the purchase of a property. However, lenders, concerned about the increasing levels of mortgage fraud, have recently started to dictate who may represent them, by setting up panels of “authorised” firms.

This change has lead to warnings that consumer choice was being restricted, but The Partnership now has specific evidence where clients are being penalised due to their selection of mortgage provider. These include a bank misleading a client over costs, another forcing a client to use an expensive London solicitor, and a nationalised lender refusing to disclose their charges.

Peter Ambrose, Director of The Partnership, is extremely concerned; “We do not mind lenders dictating who may represent them - indeed, we would prefer that ALL lenders used their own chosen law firms to represent themselves as it removes a potential conflict of interest that we currently face.

However, our evidence shows that lenders are abusing their position, to the detriment of their clients. After approving a mortgage, a bank tried to allocate a conveyancer directly to one of our clients for a cost of £600. When our client explained that he already had a solicitor, he was told this fee would apply anyway. As the correct figure was £160, it suggests that the bank was quoting the full conveyancing fee in what appears to be an attempt to encourage our client to use their chosen provider.

We had been acting for a lender with their authority, but two days before exchange, they withdrew this authority and told our client to either use another law firm for the entire transaction, or to use one of their chosen firms to represent them for a fee of nearly £1000. Given the time pressure, our client had no choice but to use the firm that was representing the lender, resulting in a doubling of their fees.”

Given the much publicised pressure on banks to act fairly, we are disappointed that some do not appear to be acting in the best interests of their clients. It is particularly galling when a client must revert to the financial ombudsman because a nationalised firm refuses to disclose the fees that their chosen law firm will be charging. This abuse of power must be stopped, and we are delighted that the ombudsman has acted quickly but are very concerned about the approach some lenders are taking.”

Notes to Editors
The Partnership is a new breed of law firm, employing London-trained solicitors, specialising in fast and efficient transactions. For more information go to www.thepartnershiplimited.com. A PDF version of this press release is available.

Media enquiries

Peter Ambrose, The Partnership – 01483 579978 or email info@thepartnershiplimited.com

Brave new world or just the emperor's new clothes?

2012-01-17T07:58:00.005Z

Over the past week we've discovered that the brave new world promised by the breaking of the monopoly on legal services is not so brave or new after all, with firms offering traditional services but just with new brochures.

On October 6th 2011, the Legal Services Act enabled non-lawyers to own law firms. This change promised innovative new offerings from modern firms and it is widely expected that residential conveyancing would be the first service to experience this change.

However, it appears that rather than innovation, its more a lack of imagination that has come to the fore, with several new offerings merely re-packaging existing services under a new name.

In the first instance, a major agency chain is promising a new fast conveyancing service as part of their selling process. The brochures are covered with pictures of happy smiling house buyers, delighted with their 24 hour access to case information and friendly solicitors getting their deals done in days. The disappointing reality merely just another name for a tired old legal panel, paying local solicitors a fraction of the fee to carry out the work. Nothing new beyond the name here (and of course the disatisfaction from the same lawyers).

Another firm is offering an interesting model with low costs and high introductory fees to agents. Again, promising 24 hour access to dedicated staff; this time it's just another name for a high-volume conveyancing factory, known to have high fall-through rates and slow turnaround times.

Its extremely disappointing to see this lack of commitment at first hand - it seems that innovation has yet to come to the legal services market and what we see are merely false starts on the road to innovation.

Here's an idea for companies looking to offer legal services. Instead of pimping out non-lawyers and offering generic support email addresses as a communication substitute why not take the plunge and actually employ staff and invest in systems to provide the service directly.

Or is that a step too far in this brave new world?

The Partnership Newsletter - December 2011

2011-12-21T13:44:00.000Z

"Nobody expects the Spanish inquisition"

It appears that solicitors who are members of the Law Society's new Conveyancing Quality Scheme (CQS) needn't worry about a Pythonesque "fear and surprise" reprisal if they break the guidance rules.

The Law Society introduced the CQS to help traditional high street law firms differentiate themselves from ordinary legal providers. Although it is designed to show that member firms are always courteous and offer excellent service, our recent experience with some CQS firms indicates that this may not always be the case.

Following some recent exchanges of the nature that we thought solicitors only reserved for estate agents, we checked with the Law Society what sanctions were available where firms breach their rules. The answer was that there are none. The words teapot and chocolate spring to mind, although not necessarily in that order.

Chancel repair liabilities - the clock is ticking
Over recent years, it has become a standard requirement for buyers (particularly when getting a mortgage) to check whether there is any liability for homeowners to pay for the upkeep of the local church, through a rather arcane law enacted centuries ago. Although there have not been many cases, this right expires next year, so there is a possibility that some churches may look to make the most of this opportunity.

The potential liability is real and we will be introducing a low-cost service next year for homewners to check whether they have this liability and take the necessary steps to protect themselves.

SDLT Changes
The government and Revenue & Customs have warned they will close the loopholes that people are exploiting to avoid Stamp Duty Land Tax (SDLT). Indeed, last month, they announced they would remove one method, whereby buyers used companies to buy properties, by increasing the rate to 5%. Discussions with agents has shown a marked decrease in the numbers of clients trying to avoid SDLT, and we have witnessed numbers falling.

Whilst currently, mitigating SDLT can be done legally, some are speculating that in the future, it may be considered to be a criminal offence.

Finally, the government appears committed to its decision to scrap the SDLT exemption for first time buyers spending less than £250K after 24th March 2012.

New website and online case tracking
We will be launching our new-look website in January, with the focus very much on social media and information delivery. We will also be extending our Partnership League system so agents will be able to track the progress of their client's cases online. This will enhance our current offering of our fast-response email and 7 days-erp-week telephone access.

... and finally ... we don't DO end of year reviews, so it just remains for us to wish a merry Christmas and a happy new year to our readers!

Solar panels - its deja vu all over again

2011-12-13T08:55:00.000Z

We should have known.

In our last blog, we found it within our hearts to compliment the government on actually doing what they said they would do when it came to eradicating tax avoidance with Stamp Duty Land Tax.

We believed that we were witnessing a new political dawn.

However, as Nick Clegg will testify, a week is a long time in politics. Therefore, we're not surprised to see, that, unfortunately, Westminster is back to its old ways when it comes to shifting policy goal posts overnight.

This time it's the solar panel industry.

Recent years have seen massive growth in the sale of solar panels - the promise of free electricity and money from the government paying home owners to produce it, was simply too strong for many. Indeed, this business opportunity, with its green overtones, seemed ideal for domestic energy assessors, (DEAs) many of whom had lost significant income from the overnight scrapping of HIPs, where they made their money.

The key to the business was the "feed-in tariff" - money from the government paying consumers to generate their own electricity. Without it, the cost of buying (or leasing in many cases) these solar panels simply didn't make financial sense. This fee was guaranteed. (Or so the franchise salespeople told their franchisees).

The amount paid was up for review in April 2012, and a consultation period was underway. However, in a HIP-like move, the government has overnight reduced this tariff by 50%, making the proposition for many, unviable.

Observers estimate this will cost 20,000 jobs. Add that to the estimate of 10,000 jobs lost when HIPs were abandoned, and suddenly, Cameron's new caring Conservatism doesn't appear to be quite so friendly after all.

Good to see the government grasping the mettle

2011-12-07T08:34:00.002Z

To be completely frank, when we saw a Conservative prime minister appear at the doors of number 10 Downing Street last year, the last thing we expected would they would actually resolve a taxation issue that affects many of their supporters.

However, we're delighted to see that after various promises over the past six months, that they are cracking down on those people looking to avoid Stamp Duty Land Tax (SDLT).

In addition to the budget earlier this year when many avoidance schemes were outlawed, we read that the draft Finance Bill 2012 now includes a change to SDLT rules outlawing avoidance for properties over £1m, where previously, buyers could exploit a loophole which would save them thousands of pounds.

We remain concerned that those people that have been sold such avoidance schemes in the past will end up having to find the money that they have saved (not forgetting the 50% fee that they paid to the providers that sold them the "cast-iron" schemes) when the Revenue and Customs finally catch up with them.

The Partnership Newsletter - November 2011

2011-11-23T18:41:00.001Z

"There's something here that doesn't quite add up"

The great Quincy (MD) would no doubt be a little surprised to see himself quoted in a property newsletter. Its because we're very confused. In our experience agents always ask for the name of the solicitor to give to their clients, clients only recommend individual solicitors to friends, and clients always want to speak directly to that particular person. Therefore, as its clearly the personal approach that most clients want, why are lawyers worrying about large "nameless" firms taking business from them? We are gaining market share by simply communicating regularly with agents and clients, offering full availability and co-operation and the results have been very encouraging. It appears that its simply a case of "going back to basics" - now where have we heard THAT before?

Stamp Duty Land Tax Mitigation - more difficulties for tax avoiders
The BBC has highlighted how Revenue & Customs are taking a more robust line when it comes to home buyers using Stamp Duty Land Tax (SDLT) mitigation schemes to reduce the amount of tax they have to pay. Revenue and Customs are also following up on their commitment to pursue people who have avoided this tax - there are now reports of clients receiving letters from them questioning the amount of tax paid on transactions from several years ago. Lenders are refusing to provide mortgages to people that are using these schemes and it is expected that their number will grow.

Recent case highlights potential problems for unmarried couples
A recent case case has highlighted the problems that can arise when unmarried couples that have bought property together, separate. Patricia Jones and Leonard Kernott, an unmarried couple, had bought a property together but following their separation, Mr Kernott had tried to claim 50% of the share of the value of the property. The court ruled that this was not the case and reinstated the original judgement giving Mr Kernott only 10%. This underlines the importance for unmarried couples to organise both a Will and also a Declaration of Trust when buying together, and all buyers should be aware of the risks of not organising these.

7 Days a week availability
Agents tell us that one of their biggest frustrations is not being able to speak to solicitors out of hours, particularly Saturdays. That's why we now offer 7 days per week telephone availability for agents. This is proving very popular where clients are looking to make a purchase and want to have a quote and paperwork organised immediately. Please email us for contact information.

Individual or company - who is your solicitor?

2011-11-21T10:03:00.003Z

We had a contradiction arise last week that actually raises issues about the future of the choice of legal service suppliers.

We support www.solicitor.info a comparison website aimed at promoting solicitors that offer good service. Last week, a competitor complained that because our company is regulated by the Council of Licensed Conveyancers, we should not be allowed to be on the site. (Our competitor has since retracted his complaint as we employ solicitors and the site is aimed at rating solicitors.)

However, this raises a wider question about how people buy legal services, and whether the recent liberalisation of the legal market will have a large an impact as many traditional lawyers fear it will.

It is clear that many consumers select a solicitor based on a recommendation, the most effective being a friend or work colleague. Indeed, we have found that it is very common for an individual to be named on the reviews on www.solicitor.info which usually includes a reference to a person rather than a company.

In our opinion, this calls into question the importance of company branding and how consumers perceive quality from a legal provider. Do consumers buy legal services from a company or an individual and given that the Law Society is promoting the use of solicitors, how important is the branding of the firm in which those particular solicitors work?

This raises further questions about the value of some of the new branding schemes that have been introduced such as QualitySolicitors where the plan is to subvert the names of even the company by trading under a single banner.

However, the major challenge is that a good solicitors' time is finite. In our opinion, the firms that will succeed will be those that combine the smart use of supportive technology with intelligent support staff, ensuring consistency of support throughout the organisation.

After all, the days of "I'm sorry but the person handling the file is not available and no-one else can help you" should be long gone by now.

Unmarried couples and their rights

2011-11-14T12:12:00.000Z

We've been working hard to ensure that anyone buying a property in joint names who isn't married is aware of some of the pitfalls that they might endure.

Many people that we speak to are not aware of the legal difference between being married or just living together. Some go so far as assuming that such things as "common-law rights", however, in reality, when things go wrong in a relationship where the couple is not married, then this can present major challenges.

Therefore, we were pleased to see this highlighted in the recent case between Leonard Kernott and Patricia Jones which highlighted some of the problems involved when couples split up.

This case involved a couple that had split up 20 years ago, and Kernott (who left) was then claiming a higher proportion of the value of the property than he was originally granted. The judge decided that even though Kernott had paid the mortgage and much of the costs, he was not entitled to claim the 50% of the value of the property.

We recommend all unmarried couples buying a property should obtain a Declaration of Trust - contact us for more information.

And now the pursuit begins ...

2011-11-07T18:20:00.000Z

We learned on Friday about a client (not one of ours) who had bought a property three years ago, and had taken advantage of the supposed benefits of avoiding paying Stamp Duty Land Tax (SDLT). This client had received a letter from HMRC warning them that they were investigating the transaction, and even supplied a copy of his tax return to jog his memory.

Now - although HMRC have been promising to take strong action against those avoiding this tax, this is the first time that we have come across an actual case, but we are sure that it won't be the last.

This is why we always say to people who insist that they want to go down this route, if you do want to avoid paying tax, please make sure that you hold this money in your bank account, just in case of unexpected letters such as these.

Our advice continues to be that these SDLT mitigation schemes pose no risk to the suppliers, but all the risk lies with the client and so should be avoided where possible.

Stamp Duty Land Tax avoidance - now the BBC is on the case

2011-10-28T11:21:00.001+01:00

Delighted to see that the BBC has picked up the intiative on the problems that are potentially in store for people trying to avoid paying Stamp Duty Land Tax (SDLT) when buying their property.

As we have been warning, Revenue and Customs (HMRC) are continuing to crack down on this; an HMRC spokesman said: "The schemes rely on an interpretation of law that produces an outcome different from that envisaged when the law was enacted, and that HMRC does not accept."

As we continue to warn our clients, HMRC have confirmed that they are gearing up to challenge the schemes through the courts - all the risk is with the client on this one.

We're not letting this one go

2011-10-19T09:49:00.000+01:00

Having just got off the telephone from a buyer seriously considering using a Stamp Duty Land Tax savings scheme, we continue to be surprised by the tactics firms are using to convince people to use them.

In this particular case, the client was told that "a leading political party used such a scheme to save money on buying the Dickens & Jones building in London", so they must be OK. Now, we don't want to cast any aspersions here, but are they serious?

The other problem as clients are now finding out is that many lenders will simply not lend to anyone that is using such a tax savings scheme. The rationale is quite simple - lenders are concerned that the revenue will come after them (and there is no time limit on that) for the outstanding SDLT tax that they didn't pay. This means that the client may potentially be out of pocket and may not be able to keep up the payments on the mortgage. Hence, they wouldn't want to lend to such people.

Simple really, but clients can be influenced by the very attractive proposition so we continue to urge caution.

Oh and yes, our client did decide to instruct us for their purchase because, in their words, the other method "wasn't worth the risk"

It's October 6th ... and the world hasn't ended

2011-10-06T18:32:00.001+01:00

October 6th - the day when the world was due to end for all lawyers trying to earn an honest living from selling their legal wares.

However, it was more of a whimper than a bang, although we were amazed to hear the BBC Radio 4 news announce the change in the law throughout its morning bulletins this morning.

According to the BBC News, from today, supermarkets and other companies will be able to offer legal services and this was going to be of huge benefit to consumers.

Forgive us for being a little sceptical - a quick search on the internet today will reveal companies promising to carry out conveyancing for £99 (plus VAT of course) so is this really an appealing opportunity to "major brands". In reality, it is unlikely that more than just a few companies will be willing to take on the risks associated with such provision.

Financial services are often used as an example of where major firms have made inroads, but the comparisons are not necessarily valid. It is unlikely that legal services will ever be as commoditised as financial services, simply because there's far more involvement required from the client. Buying insurance products is a relatively straightforward process whereas buying a house or organising a Will takes a great deal of time and effort from all parties. For those clients looking for expertise and advice, such an alternative route is unlikely.

Although we've pioneered this new model several years ago, we look forward to seeing how other new firms approach this potential new market, but expect it will be several years before any wholesale changes will come.

The Partnership Newsletter - September 2011

2011-10-02T08:37:00.001+01:00

"Mirror mirror on the wall ... who is the fairest of them all?"

In our opinion, it's certainly not some lawyers. We find the recurrent concerns raised about regulating estate agents ironic, given the increase we've seeing in the dubious practice of "salami slicing" of fees by lawyers, who are highly regulated. We've seen examples this week of clients being quoted for spurious items such as "Land Transaction", "Investigation" and "Fast Completion" designed to confuse the client who thinks they are standard items making the base price appear lower. If agents used such weasel words to confuse their clients, they would be held up under the Property Misdescriptions Act. We know firsthand about pressure on fees, but we would like to see an end to this questionable practice and we will continue to offer fixed, transparent pricing to our clients.

Stamp Duty Land Tax Avoidance - A risk worth taking?
Despite the changes in the budget that outlawed many of the schemes that clients have been using to try and avoid paying Stamp Duty, we are still finding a few clients who want to take the risk. The firms that provide the schemes confirm that they are not foolproof, and we are aware of cases where they have gone wrong. While today, the practice is not illegal, Revenue & Custom have made it clear that they will crack down on it and in the future there is the possibility of further action. We have highlighted our opinions on our blog and continue to warn our clients to be aware of the risks involved with such schemes.

Lack of disclosure invalidates insurance
It is standard practice in insurance that the policy holder must fully disclose any facts that may impact their position, otherwise the insurance may be invalidated. Insurers have refused to pay out on buildings insurance when they learnt that a person living at the property has a criminal record that had not been previously disclosed. The classic scenario is the student arrested for being drunk and disorderly whilst away at university and returns home without telling his or her parents. Then, there is a catastrophic fire and the insurer learns of this offence and avoids paying out under the buildings insurance. Policy holders should be aware of this potential risk.

The Partnership League
We are aggressively rolling out our Partnership League to an increasing number of agents around the country and it is proving extremely popular. In the last week alone, we have received over 20 referrals from agents who are on the scheme, and we are recruiting more every day. Contact us us for more information on how to join our unique scheme.

Stamp Duty Land Tax savings schemes

2011-09-22T15:44:00.004+01:00

We've always made it clear that we think that the current rash of Stamp Duty Land Tax savings schemes are risky for buyers. The problem for us, is that even though they are not illegal, it is the client that is bearing all the risk, and the firms that are charging them 50% of the savings have nothing to worry about.

Although the government cracked down on many of these schemes in the budget there are still a number around and people are still being tempted into using them.

Our question is straightforward - if they are so straightforward, why do companies sell indemnity insurance policies to cover them? Also, given that those policies typically only last for 9 months - what about the remaining 6 years that Revenue & Customs have to pursue these claims?

Just for clarity - if anyone was in any doubt that the revenue is pursuing these cases, maybe this Revenue and Customs link will make it clear.

This is obviously quite a formidable warning, and buyers should also be aware that in the future, Revenue & Customs could encourage new legislation that could potential make this a fraudulent transaction. This could be introduced retrospectively as well.

We will continue to urge caution amongst buyers thinking that this is a straightforward money-saving scheme.

Anyone thinking of using them, must be sure that they keep the money saved in a bank account ... just in case.

The Partnership Newsletter - August 2011

2011-08-30T18:51:00.001+01:00

"I'm sticking with you ... 'cos I'm made out of glue ..."

It seems the Velvet Underground had a point. We often hear from agents that they suffer the consequences of their client's choice of lawyer. Whether it is a low-cost internet-based firm that cannot afford to take their telephone calls or a traditional solicitors' practice that refuses to, all too often, the outcome is poor communication and deals slowed or put at risk.
However, we are finding agents refusing to take instructions if they feel the client's choice of lawyer may stand in the way of a successful outcome. The problem is that clients often feel intimidated by the threat of abortive fees and refuse to change. Hopefully the introduction of greater competition later this year will overcome this and we'll see them making decisions to change lawyers if they don't get the service they need.

Japanese knotweed causes concern for sellers
Until recently, Japanese Knotweed was a problem that was restricted to gardeners trying to halt its path. However, many people are not aware that landowners have a legal obligation under the Wildlife and Countryside Act 1981 not to cause it to spread if it occurs on their land. Due to this risk, we are now receiving an increasing number of lawyers asking about the presence of this weed in their preliminary enquiries, and we are advising sellers to deal with the issue before they put their properties on the market.

Recent case highlights problem of leaving child out of a Will
When Heather Ilott left home at 17 and refused to stay in touch with her father, despite his best efforts, he decided to exclude her from his Will. However, after his death, Ms Ilott contested the Will, and was awarded £50,000. Ms Ilott felt that this figure wasn't high enough and successfully appealed. Although the Supreme Court is due to hear this case later this year, currently, anyone considering cutting out a child from their Will should be aware that potentially, the courts may not uphold their wishes.

The Partnership League Launches in September
Over the past few months, we have been working with a small number of agents testing our new Partnership League system. This unique, web-based application enables agents to compete against their colleagues and competitors, with the most successful winning vouchers for websites and shops of their choice. Please email us for more information about how to join the League.

Nothing new here then ...

2011-08-26T08:31:00.000+01:00

Looks like we've been causing a bit of a storm when it comes to referral fees.

In the days of Home Information Packs we were extremely vocal that paying referral fees was nothing less than the work of the devil. Indeed, we even did a piece for Channel 4 news exposing the story. The problem that we had with the issue is that clients were not being given a choice in the provision of Home Information Packs and just knew that they had to buy them, so our view was that providers were manipulating the market by paying fees to agents.

However, our launch of The Partnership League, a marketing incentive to encourage agents to include us in their recommendation lists to clients for conveyancing, has been picked up by the trade press (The Negotiator Magazine, that we have somehow changed our stance.

However, we believe in competition and know that agents always give clients a choice - we don't pass on any costs to clients and it is an excellent marketing idea. Well we think so anyway!

If you're an agent and want to know more about The Partnership League, please just email us and we'll let you know.

The Partnership Newsletter - July 2011

2011-07-28T22:32:00.003+01:00

“Please can we book the pitch next to the Gloucester Old Spot sausage seller?”

We don’t want to pour cold water on the democratisation of the provision of legal services, but we think Quality Solicitor’s idea of having a promotional stand in WH Smiths for discussing legal matters and booking appointments with a lawyer, is intriguing. We agree you don’t need to visit your family solicitor to receive advice on matters such as conveyancing and wills, but the idea of going into a high street shop and discussing your personal matters does raise questions of confidentiality and credibility. We await with interest to see how their launch in London goes tomorrow and how the public respond to discussing their private affairs in public. If it is positive, then obviously we’ll be straight on the telephone to book our place at the next farmer’s market - we assume the best location will be between the Gloucester Old Spot sausages and the Big Pie Company– our A-boards will say something like, “Specially Local Conveyancing For Specially Local People”. It could work …

Delays to implementation of lawyer ownership change?
Most agents we speak to are not aware of the impact of the changes that were planned to affect the provision of legal services this October. These changes will allow any company to offer legal advice, so naturally, clients will be encouraged to shop around for the cheapest price. For the housing market, this obviously raises the spectre of potentially lower service levels and consequently further delays in the buying and selling process. However, we have learned today that due to legislative reasons, it is likely that this change will be delayed for several months. but are assured that it will be before Christmas.

Even more delays ... this time to EPCs
The government is learning that it’s easier to suspend housing legislation than introduce it. In recent months there has been talk of changes to the commissioning and use of Energy Performance Certificates (EPCs) that would have reintroduced the same delays that so dogged the implementation of Home Information Packs. It was planned that the responsibility for providing an EPC would fall to the agent rather than the individual and that the entire report would to be included with property particulars and had to be available before marketing. However, this change has been delayed until October and will be watered down so that only a single page of the report is required but this will need to be supplied within 7 days of commissioning. We await the next change ...

Social Networking in business?
Like many people we speak to, we have been sceptical about the value of social networking when it comes to promoting professional services. However, despite this, we have been quietly promoting our Twitter feed and LinkedIn pages in conjunction with our blog. Obviously we’ve been proved wrong as we’ve seen a significant interest from agents in our services and so we will be extending our coverage and are now redesigning our website for a September launch to reflect the change in marketing. We are monitoring this closely and are interested in feedback from our subscribers and how we can improve the information that we provide.

Great client stories - Part 1

2011-07-28T10:45:00.001+01:00

Not that we're implying that this is going to be a regular piece on amusing anecdotes about agent's experiences with clients but we did hear one the other day that demonstrates how little people know about the conveyancing process, and why maybe cheap isn't always best.

As per the usual instruction process, one of our agents asked their prospective seller whether they had a date in mind that they should aim to move by. Naturally, client pulled a date out of the air, and thought that it would be convenient to move on that date (approximately 6 weeks time).

Instruction started and was going through the usual process - hadn't got to exchange or anywhere close, but our agent received a call from the client the day before that aformenationed date, explaining that she had booked the removal firm, was all ready to go and could she come into the agent's office to sign the paperwork.

Suffice to say. our agent had to put her straight and told her to cancel the removal firm.

The client had been using a large conveyancing firm who obviously hadn't explained that the process involved a little more than just wishful thinking on her part!

Santander - a breath of fresh air!

2011-07-28T10:29:00.001+01:00

Really pleased to see that given all the anecdotal doom and gloom about lenders withdrawing panel status and changing criteria to make life more difficult for solicitors, we see that Santander (one of our favourite lenders) are implementing a new panel management scheme and extending this to new firms.

Obviously there are major challenges for some legal firms but if large lenders such as Santander are accepting panel applications then this gives us great encouragement.

Interesting development from a lender

2011-07-25T11:03:00.003+01:00

We have just been informed by one of the main high street lenders that in future, we're going to have to pay to remain a member of their panel. This is due to the overheads involved in their managing our panel membership.

We expect that they won't be the last to implement such a scheme, and we are watching carefully to see what approaches other lenders will take when it comes to working with solicitors.

The rise of the Lagger

2011-06-23T22:32:00.000+01:00

The Legal Services Act was intended to bring with it benefits for the consumer - indeed, our company has based its entire business on providing a high level and expert service to clients.

However, it is quickly becoming apparent that the companies moving into this market are finding ways to simply squeeze existing law firms, without, it appears ingadd significant value.

We have experienced this first hand this week, with aggressive telephone calls from progressors within panels, not party to the transaction but simply with a vested interest to get the deal through. They are not lawyers and have not been instructed to represent their client, and yet they take up time of instructed lawyers, potentially driving up costs for consumers. We like the phrase "Laggers" (short for Legal Naggers) that we are hearing, and hope that consumers will become more aware of the impact that they have on the costs that solicitors will need to charge for dealing with them when working on an hourly rate.

Finally, we are surprised that a firm with designs on dominating the market is looking to charge nearly 50% of the fee that will be paid to their panel lawyers simply for passing on the work. This is profiteering at its worst, and we fear that the liberalisation of legal services may not generate cost savings for consumers that might be hoped.

and we thought they were ripping up the rule book ...

2011-06-21T09:17:00.001+01:00

The new government arrived with big scissors, red tape and a dolls house promising to reform the housing market. So they scrapped HIPs because they said that this would "free the housing market".

Clearly this didn't work as demonstrated by the pitiful volumes of transactions we're seeing at the moment. We accept that mortgage lending is weak, but the idea that scrapping one of the few seller qualifiers by getting rid of HIPs would encourage the market was fanciful at best.

Then, we were promised sweeping changes were going to be made to the Energy Performance Certificates, surely the most questionable aspect of recent property reforms. Amusingly, the shackles that were supposed to have been removed with their big scissors were being tightened up with the plan that agents couldn't market a property without the EPC,and the complete report needed to be included with the particulars.

We were surprised to say the least, that such reforming zeal could somehow be driven off-track so quickly, especially since the only real failings with HIPs was tying them to the marketing activity.

But ... Mr Pickles has now realised how difficult making changes to housing policy can be, and at the last moment, has delayed the decision until October.

We await the next instalment from the Great Reformers

Its just a theory we've got ...

2011-06-09T08:24:00.001+01:00

Over the past few months, we've seen a flurry of activity around what we like to call "The Democratising of The Law". (That's a new expression that we've just thought of, but it's quite apt.)

From the "Solicitors-in-Smiths" initiative through to "Free Legal Services" from the Co-Op (there's got to be some sort of catch there, because otherwise that business model looks a little challenging) it seems that Law is the new consumer product.

Move over the Wii and TripAdvisor, because the fashion for 2011 is obviously comparing legal providers - I would guess that consumers are in for quite a lot of disappointment this year, with sky-high expectations being set...

The Bold Group - a Bold move?

2011-05-19T09:26:00.000+01:00

There are some huge changes coming in the legal profession this year, with the breaking of the monopolies that mean that only lawyers can own law firms.

We've been working hard over the past year to establish ourselves as an innovative provider of legal services from conveyancing to wills, so its interesting to see that other firms are now looking at ways to innovate.

That's why we're delighted to be associated with The Bold Group, who are working with hundreds of firms looking to promote a personal yet highly efficient service for their clients.

Given the challenges ahead with lenders and large firms, we recognise that smaller firms hava a great deal to offer and so are delighted that Rob Hailstone has taken up the challenge.

Would you like some advice to go with your Will kit sir?

2011-04-07T17:05:00.000+01:00

OK - so we knew that the liberalisation of the legal market was going to introduce some changes into the market, but we're a little surprised by the proposition that Quality Solicitors are now offering.

According to today's Law Society Gazette in over 150 branches of WHSmiths from this summer, it will be possible to book appointments for customers to provide conveyancing quotes, sell wills package and even offer their new loyalty card scheme.

This is a very interesting departure from the way that legal services are being sold, and we will watch carefully to see if it works.

Obviously, if it is successful, we'll be despatching our own solicitors onto the streets of Guildford with A-boards offering legal services to passers by.

Stamp Duty Land Tax savings schemes

2011-02-08T21:41:00.004Z

Once again, the old adage has proved itself to be true.

"If it looks too good to be true, then it probably is".

Over the past couple of years, we have been approached by a number of companies trying to convince us of the merits of Stamp Duty Land Tax savings schemes. The idea is that there is a loophole in the law that "cannot be closed" according to one supplier that tried to convince us to work with him.

There are a number of variations on a theme, but fundamentally, the concept is that if you are buying a property, there are various schemes available to you that will enable you to legally avoid paying Stamp Duty Land Tax.

These schemes often involve sub-selling or buying through another company, so avoiding the tax that is normally due.

We have been extremely concerned about these schemes, not because it would cause us problems, but that our clients could suffer the consequences of when HMRC (formerly the Inland Revenue) finally catches up with those that have used them.

That's why we were very pleased to learn to read the lastest release from HMRC that explains their position, and that they are investigating instructions where they suspect such tactics were used.

This guidance note can be downloaded here which explains how HMRC view such schemes.

Confusion about Stamp Duty Land Tax rise

2011-01-27T08:39:00.000Z

As most people are aware, from April 6th 2010, Stamp Duty Land Tax for properties costing over £1m will increase from the current 4% rate to a new 5% rate. This has caused a little confusion amongst buyers as to whether the tax is due at exchange of contracts or completion.
The law is clear on this, the tax is payable only on completion of the contract so anyone looking to purchase a property over £1m will need to complete the transaction before April 6th to ensure that they do not incur the additional cost.

Coverage of our Will Aid efforts

2010-11-08T00:14:00.001Z

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

2010-10-29T13:34:00.001+01:00

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 ...

2010-10-21T14:16:00.001+01:00

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

2010-10-13T18:14:00.002+01:00

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

2010-10-07T16:16:00.002+01:00

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 ?”

2010-09-27T12:39:00.002+01:00

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

2010-09-15T14:36:00.001+01:00

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?

2010-09-09T14:54:00.002+01:00

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”

2010-08-17T13:57:00.011+01:00

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

2010-05-21T10:15:00.003+01:00

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"

2010-04-26T18:59:00.000+01:00

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"

2010-03-22T13:01:00.002Z

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

2010-02-23T12:36:00.000Z

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

2010-02-23T12:34:00.001Z

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 …”

2010-02-23T10:43:00.002Z

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

2010-01-17T12:37:00.000Z

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”

2010-01-01T23:23:00.002Z

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

“They say we’re young and we don’t know …”

2009-12-22T15:20:00.000Z

We’re starting to feel like Bill Murray’s Phil Connor in Groundhog Day, waking up to the sounds of Sonny & Cher every morning. Previously, only Labour had been accused of changing their minds over HIPs, but it seems the same story all over again, with the Conservatives exhibiting the same vagueness of direction when it comes to their future. As we describe below, the opposition are learning that anything to do with property is always more complex than it might first appear. The confident November tone of “we’ll scrap HIPs in weeks” has been replaced with a rather more subdued December mumble of “we’ll scrap them in 100 days … after a consultation … and a new piece of legislation”. Despite this repeated HIPs uncertainty, we wish all our readers a happy Christmas break in preparation for what looks like being a very busy start to 2010 and for all your support during 2009.

Conservative plans for HIPs at risk of derailing?

Despite promises from the shadow housing minister to scrap HIPs immediately upon their election, the fact that the Conservatives have acknowledged that a consultation is required is raising doubt about their ability to carry out their plans for HIPs. Notwithstanding concerns about the increase in unemployment that they will cause (estimates range from about 5,000 to 20,000) the legal minefield they are walking into is challenging. Their claim to require only secondary legislation (a statutory instrument) is problematic as the law they are trying to change is actually primary legislation. Indeed, the mechanism they were hoping to use can be likened more to a train’s “Emergency Alarm” rather than a “Power Off” button on a TV remote control – in other words, there must be concerns about striking a car stuck on a level crossing, rather than just a disliking for X-Factor.

The Partnership joins the HIP Reform Group

We have always distanced ourselves from pressure groups and trade associations, as we find their often highly-polarised positions do not match our views. However, based on the increasingly positive feedback from agents concerning elements of the HIPs, we have signed up to the HIP Reform Group who are looking at ways to improve the contents of HIPs. We share agent’s concerns about the delays caused by the lack of first day marketing, and question the wisdom of allowing variable-quality local authority searches in the HIP. We believe that the HIP Reform Group is a very positive step forward to improving the house buying process, and hopefully avoiding throwing the baby out with the Conservative’s bathwater.

Referral Fees – concerns broaden to conveyancing

Further to our concerns about the referral fees being paid by HIP providers to agents that are not declared to their clients, it appears that conveyancers are now coming under similar scrutiny by the Legal Services Consumer Panel. As we do not approve of referral fees for either our HIP service or our new conveyancing service, this increased exposure by regulatory and advisory bodies are a welcome change from the ambivalence that has appeared to be the case up until now.

“Buy cheap … buy twice … or not at all”

2009-11-17T15:06:00.000Z

Most buyers are concerned about the price of conveyancing – they want to pay the absolute minimum but obviously want to receive excellent service. However, in a recent case we found that where a company quoted a low price, this can be very misleading. A client was quoted £650 to buy a property, but after a couple of months of being drip-fed individual documents, they were astonished to receive a bill of more than double their initial quote. Not only had the firm charged for “additional” services such as filling in tax forms and working with the lender, but had made the process so difficult, that the buyer decided to reconsider the purchase. We believe this type of sharp practice should be stamped out – indeed, our new conveyancing service, like our HIPs, uses fixed pricing to avoid such nasty surprises for our clients.

Quiet marketing – a reminder

At this time of year, many sellers are considering putting their property on the market in the new year and are instructing estate agents to start preparing particulars. We have noticed a trend where we have been asked by the agent to produce a HIP and the client has tried to convince us that one is not needed, as they are “quietly marketing” the property. There is no such exemption – if an agent or seller tells a prospective buyer about a property, irrespective of whether particulars have been produced, this is considered marketing and a HIP is required.

Trading Standards becoming more active

For those that think that HIPs are not being policed, over the past few weeks it has become very clear that trading standards officers are becoming more proactive regarding non-compliance amongst agents. We came across one situation where an inspector walked into an office and demanded to see HIP for a property that was being advertised in the window. When it could not be shown, they immediately started proceedings. The other scenario was a “sting” operation, with a couple convincing an agent to start marketing a property without a HIP. They turned out to be trading standards officers who proceeded to issue a notice against the agent.

More legal problems ahead?

Following on from our piece about possible legal problems facing a potential Conservative government wanting to suspend HIPs, further research has shown it may be more difficult than first thought. Whilst The Housing Act provides for the suspension of HIPs, evidence from Hansard reveals this was to be used only under “extraordinary circumstances”. It is questionable whether a political decision could be deemed to be “extraordinary circumstances” which appears to leave the way open for a legal challenge.

“Move along please … there's plenty more room upstairs”

2009-10-19T18:59:00.000+01:00

Most people in the property industry are aware that the Conservatives has promised to scrap HIPs in the same manner in which Boris Johnson promised to scrap the bendy buses in London. Whilst we don’t doubt the commitment of either to their cause, some promises are sometimes more politically expedient than practically appropriate. With growing evidence from our agents that whilst HIPs are by no means perfect, (especially the first day marketing restriction) they have introduced some improvements into the selling process, and as such suspension risks throwing the baby out with the bathwater. In addition, the Conservatives’ promise to move the delivery of the Energy Performance Certificate (EPC) to the end of the conveyancing process would require a change in the law that demands that energy charts are displayed on property particulars. Whilst people may worry that some bendy buses catch fire and cause traffic congestion, like HIPs, getting rid of them may not be quite as simple as politicians would like.

Low Rating Energy Certificates – 1 and 1’s

When a property scores extremely poorly in an energy inspection, sometimes no potential improvements are shown on the EPC, so the potential rating remains the same as the actual rating. Whilst this appears illogical, the explanation is as follows :
The scale used on an EPC ranges from 1 to 100, the result of an inverse calculation of a figure called the “Energy Cost Factor” (ECF). If the ECF goes above 10, the EPC rating will be below zero, but this has to be shown as a 1 at a minimum. Only recommendations that improve the energy efficiency of a property by more than 1 point can be included on a report. Therefore, if the improvement still means the ECF is higher than 10, the EPC rating will remain as 1, and hence the recommendations cannot be included and no potential improvements can apparently be made to an inefficient property.

Energy Recommendations

Today. a major change concerning recommendations for improving the energy efficiency ratings of properties has been made. Previously, some energy assessors have been criticised for including recommendations such as the installation of solar panels and replacement double glazing on listed buildings, which of course, their status does not allow. In the past, more sensitive energy assessors removed such recommendations that they felt were inappropriate. However, from today, as part of the standardisation process, listed building status or a property in a conservation area are not sufficient grounds in their own right to suppress a recommendation.

The Challenge of Regulation

A search provider emailed us last week accusing our search supplier (one of their competitors) of not being legally compliant. Although the allegations proved to be totally unproven, they appeared to be based on an interpretation of a guidance note published by a regulatory body. We have recently come across two companies that subscribed to this same regulatory organisation - one company thought a second title was just a referred document and the other proved incapable of producing a search for an unregistered property. We remain extremely wary of any company that uses the blunt instrument of apparent regulation for competitive advantage.

''Smoke, mirrors and foundations of sand.''

2009-09-21T13:39:00.001+01:00

In the wild-west that is the HIP industry, we’re seeing tumbleweeds where before there were companies in their hundreds. We were always intrigued by cowboy organisations charging low prices, especially those that didn’t increase them to take into account the increase in search costs in April. Several medium-sized providers have closed their operations in the past few weeks. A large provider has drastically increased the price it charges for refreshing searches in a HIP, quoting £250 initially, increasing to £350 in a subsequent call. Another provider that cut its back-office staff, has been asking DEAs to collect payments for them at the property. It is clear that even those companies that are managing to survive are having to resort to increasingly desperate measures with the corresponding impact on service levels.

Energy Savings Trust

Since the introduction of Energy Performance Certificates, it has frequently been suggested that there was an ulterior motive for the use of the data that was being collected. However, until recently there was no evidence that anyone was allowed to access this data containing details of insulation, estimated fuel costs, property sizes and types of heating systems. However, over the summer, a regulation was passed that enabled the Energy Savings Trust to access this data, which was followed by a recommendation by the same organisation that houses with a low rating should not be able to be marketed until they were made more energy efficient. We await further details from this organisation about how this data will be used.

Kickbacks – the issue widens

We were pleased to see that Which? Magazine had picked up on the concerns about consumers being overcharged for HIP services. Ironically, the cheapest supplier on the market was later found to be withholding providing a HIP to a client because they refused to take up their conveyancing services. However, although Which? suggested that some agents are marking up HIP prices, it also mentioned our concerns about agents taking kickbacks from providers, and not disclosing them.

The Partnership expands its legal expertise

We are delighted to announce that two practising solicitors have joined The Partnership, further strengthening our legal capabilities and expertise. Guy Crowther has a background in probate and Claire Speller has worked for several major firms specialising in residential conveyancing, in particular leasehold transactions. These two important additions gives the company increased depth in legal matters for the future.

“Ignorance is definitely not terribly blissful”

2009-07-08T17:11:00.000+01:00

Despite the imminent second anniversary of Home Information Packs (HIPs), remarkably, most sellers we speak to are still in the dark about their content and use. Most think a HIP is just an Energy Performance Certificate and often are concerned that their property will “fail”. Whilst we take the time and effort to explain to our clients about HIPs, (including the potential pitfalls of the use of personal local authority searches) feedback from the market is that the majority of HIP providers simply call to take payment by credit card, using call-centre staff that have neither the time nor the expertise to explain about the content of HIPs. Although industry insiders demand that “the government should do a better job informing the public” it is up to the HIP providers, i.e. those companies that are being paid to offer a service, to explain to clients what it is they are paying for, rather than just allowing them to blindly accept HIPs as “just another property stealth tax”

Backhanders

Last month, The Partnership was asked to comment on an investigation carried out by Channel 4 news which exposed the practice of HIP providers paying estate agents “commissions” when work was passed to them. Commentators dismissed this as merely a function of the market, using the assumption that estate agents were “reselling” HIPs and just adding on a markup for their own work and efforts. However, in reality, most payments are made directly to the HIP companies, who make no mention of the money that they are paying to the agent – a totally different scenario than a wholeseller/retailer agreement. The Partnership does not indulge in practices that we consider to be highly questionable at best, and at their most blatant, simple bribery.

Floorplans for £10

We were recently informed by a customer that they were considering another supplier for their HIPs, because they were offering floorplans for their properties for an additional £10 cost on top of the HIP. Since the introduction of HIPs, the use of low-cost floorplans has taken off, with some agents seeing these as a simple way to cut costs. Even with the dubious economics of the HIP industry, the ability of someone to do an accurate floorplan for £10 must be questioned. Those companies using professional floorplanners know that the production of a reliable floorplan is vital, and there are many cases where companies have been successfully sued where floorplans on property particulars are incorrect.

Search turnaround times

The nightmare that is local authority search return times is slowly starting to improve. Timescales have lengthened considerably since April, due to the need for personal search companies to obtain complete documentation, including building control notices, data that cheap search providers never used to bother trying to obtain. With some local authorities having undergone major restructuring in April, this has caused significant delays to both personal searches and the more reliable, official local authority searches. According to data obtained by The Partnership, the average turnaround time for local authority searches has come down to about 13 working days. This figure is expected to improve to about 10 days by the Autumn.

The Partnership moves to new offices

Due to significant business growth, we have moved to new, larger offices in Guildford - these details are as follows:

4 Wey Court
Mary Road
Guildford
Surrey
GU1 4QU

“Lights go out, walls come tumbling down”

2009-05-11T14:00:00.000+01:00

Whilst Paul Weller’s Style Council was talking about greater issues than legislative changes to the local authority search process, the message seems quite apt. The last few weeks have been tumultuous for the Home Information Pack industry. Whilst we are delighted to see the removal of the sticking plaster of insurance for personal searches, the impact of the changes on April 6th has resulted in significant delays in search turnaround times. Previously, booking an appointment for a personal search took minutes, but the additional appointments now required have resulted in lengthy discussions, and dates are stretching out to several weeks, combined with higher prices. Ironically, it appears that requiring personal search agents to collect complete information has eliminated the only two perceived benefits of personal searches - a low price and fast turnarounds. This explains why we have always been against them – when an accurate search is required, the price increases as does the turnaround time – nothing more need be said.

HIP Anniversary Issues

With properties still on the market that had a HIP produced over a year ago, requests for updating of information are now becoming more common. The position is clear in that if a property is taken off the market a year after it was first marketed with a HIP, when it is remarketed, new searches and title documentation are required, as technically a new first point of marketing has occurred. However, many clients are unaware that under the new regulations introduced in April, when such a first point of marketing occurs, the seller must complete a Property Information Questionnaire, and hence these should be provided in addition to the searches and the title documentation.

Price increases everywhere

The past few weeks have seen significant increases in the price of personal searches, with some companies opting to price the search dependent on the local authority. With price increases ranging from £20 up to £100, this has proved challenging for many low-cost providers, and agents should be wary of those providers that are claiming to absorb the price increases. Given the tight margins involved in HIPs, the longevity of a company pretending to absorb the cost must be questioned. Indeed, these are not the only price increases, with news this week that water companies are increasing their fees, in some cases up by about 8%. As ever, The Partnership continues the offer fixed-rate pricing for all our HIPs.

Property Information Questionnaire liability issues

There have been reports about liabilities if a seller incorrectly completes the new Property Information Questionnaire. These warnings follow a case where an energy assessor was found to be liable for details within an Energy Performance Certificate being incorrect and the buyer choosing to rely on them. Whilst obviously, the introduction of a form does not undermine the principle of caveat emptor, it would appear that the risk would only arise if the seller’s solicitor passed a HIP to a buyer’s solicitor, so that it would become solicitor to solicitor communication and therefore a liability could arise. Where PIQs are provided to prospective clients from the HIP provider, no such relationship exists and therefore the liability appears minimal. Any solicitor representing a buyer would be expected to check all documentation for accuracy.

“In the land of the blind, the one-eyed man is king”

2009-03-23T10:26:00.000Z

Whilst HIP suppliers have routinely made grand promises about everything from ease of ordering, instant EPC appointments and 24 hour turnaround times, their approach to the Property Information Questionnaires (PIQs) make Erasmus’s words more appropriate than ever. Providers, faced with the unenviable task of providing a completed PIQ within the HIP are assuming that every vendor will complete an online form within minutes of paying for the HIP. Whilst this approach suits low-price system-oriented suppliers, the reality is that the PIQ will be a time-consuming and drawn-out process. If providers asked estate agents about the effort it takes to ensure clients provide information about their property, the reality will be a little unpalatable. Sellers will want paper copies of the form, which they will then delay in returning, which in turn will require the provider to follow up rapidly and effectively. As properties cannot be marketed without the PIQ in place after April 6th, we expect high levels of frustration from agents using providers that rely on technology for service provision.

Government Advertising

To overcome the lack of awareness about the changes in April, full-page advertisements from the government are starting to appear in the national and regional press. They are focussed on promising buyers that more information will be available about prospective properties for free, and have appeared in the London Metro and regional newspapers across the country, as well as the trade press. This provides the strongest evidence yet about the government’s commitment to the changes and should help drive awareness of the change to sellers.

Trading Standards Inspection

With the scrapping of the first day marketing exemption, questions have been raised about how effectively this new system will be policed. There has been a certain amount of scepticism about the ability of trading standards to cope with inspections of agents. However, evidence is emerging that trading standards officers are actively inspecting agents, with reports of on-the-spot visits in the London Borough of Camden. Agents were asked to demonstrate the process they use to order HIPs, as well as produce copies of a HIP on an existing property and show the Energy Performance Certificate for the rental properties that they had on their books.

PIQ Service

Despite not being obligatory until April 6th, sellers are starting to return completed PIQs to us. We are adopting a three-tier approach to their introduction and are working closely with our clients to minimise the impact of their introduction:

1. Paper copies from agent
We are sending out hundreds of pre-printed copies to agents this week that they can supply to their clients directly on instruction and return to our offices.

2. Paper copies directly to client
From April, sellers will be given the option to receive the PIQ in paper format, with reply-paid envelopes included to accelerate the return process.

3. Electronic delivery
We will send out links to the PDF version of the PIQ – available here, which can be printed out, completed and then returned to the company, as well as a link to the online version for instant data collection.

Please contact us if you have any questions about the process or for copies of the forms.

“I am not economically viable”

2009-02-27T15:42:00.001Z

From April, we may see former personal search agents outside council offices wearing placards with the same message as the redundant employee in Joel Schumacher’s classic film,“Falling Down”. This is because from that time, the current method of using insurance to cover missing information in personal searches can no longer be used and local authorities will be able to charge for providing complete information, which observers believe will make the personal search market uncompetitive. Given that many solicitors tend to trust only the drainage search element of a HIP, this long overdue change could mean a wider use of official searches in a HIP, making them more useful. While we sympathise with anyone whose job is at risk, the two-tier system introduced by the use of personal searches has always undermined the HIP and the change is welcomed.

Domestic Energy Assessors and access

The accountability of energy assessors is starting to be questioned with anecdotal evidence that agents are becoming concerned about the quality of individuals that are, in effect, representing their firm. In addition to these concerns, we have also seen issues with owners (and in particular landlords) being unwilling to allow entry for assessors. However, under the Energy Performance of Buildings Regulations, access must be provided for assessors and landlords cannot deny access when requested. Finally, given that after April 6th the speed with which Energy Performance Certificates can be produced will be vital, those firms currently putting up with response times of 1-2 weeks may find that they need to review their suppliers.

Property Information Questionnaires (PIQ)

It is becoming clear that after April 6th, one of the key issues determining whether a property may be marketed will be the return of the completed Property Information Questionnaire. These forms must be filled out by the seller and returned to the HIP provider before a property may be marketed. Many of our clients feel that the most effective method will be to provide the form to the client as part of the instruction process and for the HIP provider to follow up on their return. We are already supplying stocks of these to our clients, along with reply paid envelopes and naturally promoting the online completion of the form through our system.

Current legal position

It is apparent that some HIP providers are trying to convince sellers to pay for documents to be refreshed in HIPs that are a year old. However, searches and title information only need to be refreshed if a property is taken off the market a year after it was first marketed and then remarketed again. Recognising this, and to assist our clients, we provide a unique warning system which alerts to agent to properties that have been on the market a year to check their records.
We have produced a summary sheet which summarises the current legal position which can be downloaded here:

http://www.thepartnershiplimited.com/Documents/The%20Current%20Position%20-%20February%202009.pdf

“Buyers are starting to ask for HIPs”.

2009-01-25T16:41:00.001Z

We’re very pleased that our clients have spare chairs in their offices, because we've been deploying them with great haste on several occasions recently when greeted with the news that buyers are asking to see a HIP. As their content is intended for conveyancers we are intrigued to see their reaction to details of restrictive covenants and agricultural tie appeals, but the mere fact that they are asking for them is highly encouraging. The introduction of the new Property Information Questionnaire (PIQ) from April which includes questions about access to the property as well as council tax band information makes the HIP more consumer-oriented, and we expect enquiries about their content to increase.

Property Information Questionnaire

Any doubt about the government’s intention to press ahead with the changes in April were put aside last week when the law was quietly changed to dictate that the PIQ is required before a property may be marketed for sale. Sellers must complete the questionnaire and it must be included in the HIP before marketing may commence. It is important to note that if an estate agent assists the seller in completing the form then the Property Misdescriptions Act applies.

We provide three options for our clients – hard copy and Adobe PDF format (a branded version is now available on our website: www.thepartnershiplimited.com/Documents/piq.pdf) and from 1st March, a web-based alternative will be in place.

Energy Performance Certificate rules

All commercial and residential properties (with a few exceptions) now need an Energy Performance Certificate (EPC) when they are marketed for sale or rent irrespective of when marketing has commenced. However, an interesting exemption has been determined for those without any heat source. Under the enabling legislation (The Energy Performance of Buildings Regulations) the law defines a building as being one whose climate is controlled by energy. Therefore, it appears that if a property is not climatically controlled, it does not qualify as a building and will not need an EPC. It should be noted that this does not apply with predicted energy assessments, i.e. where the developer has specifically designated a heating source, which may not have been installed yet but there are plans to do so.

Existing properties taken off the market

If a property with a HIP is taken off the market a year after it was first marketed for sale, some content must be refreshed if the property is subsequently remarketed. This includes title documentation and searches, which will naturally require an update to the index. As EPCs last for 10 years and may be up to 3 years old on inclusion in a HIP, obviously these need not be updated as they will be at most 18 months old.
To ensure our clients are aware of any potential breach caused by this, from February 1st we will be launching a new email reminder service which will send an email a month before the year’s anniversary of the date that the HIP was commissioned, warning that if the property has been taken off the market with plans to remarket it then new documentation will be required.

“How much does a cheap personal search cost? About £10m”

2008-12-22T14:54:00.000Z

We are often questioned about over-reacting to concerns about the acceptability of personal searches and the wasted costs to consumers. However, government figures published on 8th December that estimated consumers may spend up to £10m every year on searches by local authorities repeating insurance-backed personal searches will confound our critics. The memorandum also explored the long-suspected belief that even though local authorities do provide access to their data, personal search companies do not obtain this “to save costs”. We await with interest how these companies that have been complaining so vocally for so long about lack of access will respond to the scrapping of search insurance on 6th April 2009.

Property Information Questionnaire (PIQ) Confusion

The PIQ, due to be introduced in April 2009, was designed to respond to concerns about providing buyers with more information about the property earlier on in the marketing cycle. This lead some commentators to believe that it needed to be there before a property can be marketed. However, the law is clear that while the documentation is an obligatory part of the HIP, it does not state that it needs to be included before marketing may commence. While a government representative has suggested that the regulations may be changed in the future, at this point, from April 2009 a property may still be marketed awaiting the completion of the PIQ.

Naturally, we have already completed the work to integrate PIQs into our online system and an example copy of the final, compliant documentation can be seen here:

www.thepartnershiplimited.com/html/PIQ

Electronic PDF copies of this document are available – please just reply to this email for a copy.

First Day Marketing arrives but no drop-dead date

There remains a little confusion about the scrapping of the first day marketing temporary provisions. From April 2009, in conjunction with the introduction of the PIQ, it will be necessary to have the index, sale statement, title and EPC available before a property can be marketed. Other documents such as leases and search documentation do not have to be available, and the seller (or the agent) has 28 days in which to obtain these documents.

Meanwhile, the issue of the drop-dead date, i.e. when all properties already on the market will need a HIP, is yet to be addressed, so any properties that have been continuously marketed since before August 2007, will only need an EPC, rather than a full HIP.

Finally – here’s to boring predictability

As the only company to publish a newsletter every month for the past three years, we’d like to wish all our readers a very peaceful Christmas and a more boring and predictable 2009.

“The turkey twizzlers of HIPs are finally coming home to roost”

2008-11-10T13:43:00.000Z

When we raised the issue last summer about the quality of content within HIPs, we received a barrage of complaints from our competitors that we were causing unnecessary problems. However, as sellers continue to remain ill-informed about the variable quality of personal local authority searches, an inspection by Birmingham trading standards officers has revealed that a majority of HIPs they inspected contained sub-standard searches. We were delighted that at a recent conference Ian Wright MP agreed with our concerns about the use of poor quality content and confirmed this matter would be addressed “imminently”. With the provision allowing the inclusion of personal search insurance due to expire on 31st December, we continue to press for the exclusion on the use of personal searches in HIPs.

HIP effectiveness and Exchange Ready HIPs

Recent research from Connells has revealed that the time between offer and exchange has been reduced by 6 days where HIPs are involved in the process. Inevitably, there remain concerns about the effectiveness of some of the content and the latest fashion for “Exchange-Ready HIPs” appears to do little to address this. “Exchange Ready HIPs” include some forms (which are due to be obligatory from January 1st 2009) an environmental search and a draft contract. Feedback from the Law Society and solicitors has revealed that as most use their own contracts, the value of including such draft documents is highly questionable.

October 1st - EPCs for all properties

As many people are aware, most residential properties that are being marketed for sale now need an Energy Performance Certificate (EPC) before exchange of contracts. However, there are some exceptions for small standalone properties (under 50 sqm), those that are temporary, agricultural or for religious use. It is important to note that the owner rather than their estate agent is responsible for providing an EPC, which differs from HIPs where the estate agent is responsible.

Commercial Energy Performance Certificate Rules

Originally, from October 1st all commercial properties being offered for sale or had a change of tenancy, would need an EPC. The temporary provision that excluded smaller properties (under 2500sqm) that were already on the market, has been delayed until January 2009. However, all new instructions (other than those exempted under the rules above) do need an EPC. The complexity of producing commercial certificates combined with a current shortage of commercial energy assessors has resulted in higher prices with lead-times typically of three to four weeks.

“I love the smell of napalm in the morning ...”

2008-09-21T22:26:00.001+01:00

If someone could be convinced to bring the recent machinations of the property market to the big screen, we feel they could do far worse than draw upon Francis Ford Coppola’s experience with Apocalypse Now. With the news of several better-known names in the HIP industry closing due to lower-than-expected volumes, it seems only a matter of time before others will follow suit. As ever, we remain unconvinced by the strategy of very low price points in a service market, and we watch with interest over the next three months, whether those firms that were relying on the usual Autumn increase in instructions will survive.

EPCs for Lettings

From October 1st, an Energy Performance Certificate is required before a property may be marketed as being available to be let. There is a belief that they are only required when an actual tenant is found, probably caused by the requirement that they are required at first change of tenancy. However, the law is clear and states that an EPC must be available to show to any prospective tenant.
Another area of confusion is whether energy charts need to be on lettings particulars. The law states that they are required on particulars for those properties covered by the Housing Act, which does not refer to rental properties. Therefore, charts are only required on sales particulars, but some agents are including these as a matter of course on lettings particulars.

We have found a significant interest in our 48 hour-turnaround EPC service, and in particular our use of employed assessors, which ensures we can guarantee exact appointment times. More information is available on our new website:

www.thepartnershiplimited.com/html/epclettings.html

Extending the “life” of EPCs in HIPs

Given the confusion over the validity of Energy Performance Certificates, the latest announcement from the government was a missed opportunity to simplify the position. Although EPCs are valid for ten years, currently, they can only be up to a year old when first included in a HIP. However, a recent announcement has confirmed that from October 1st, EPCs can be up to three years old when they are first included in a HIP.

Rebranding Complete

We have finished our rebranding which includes a complete overhaul of our website. The site has been designed to be more accessible for agents, solicitors and sellers, which reflects the increase we have seen from sellers looking for information about HIPs directly from us.

www.thepartnershiplimited.com

We of course welcome all feedback on our new site.

"... lollipops, ice-cream, chocolate ... all free today!"

2008-08-17T13:27:00.000+01:00

The latest promises from back-bedroom HIP providers would make even a child-catcher blush. With their free floorplans, virtual tours, photographs and brochures, it seems that their plans to capture agents like the hapless children in Chitty Chitty Bang Bang are ambitious to say the least. Indeed, given assurances that their energy assessors have now also become property photographers, we await the results from Boots with mounting anticipation. In our opinion, never has the adage, “if it sounds too good to be true, then it probably is” been more appropriate, especially given the implications of the Property Misdescriptions Act relating to such matters.

Property Information Questionnaire

In a move that reflects government efforts to listen to feedback about HIPs, a new consultation paper was announced this month. There are changes proposed to the contents of HIPs to include additional information about the property itself such as access, boundaries and leasehold details if appropriate. If approved, this change will be introduced in January 2009 and will require sellers to complete the forms for inclusion in the HIP. The Partnership will provide a solution for capturing this information and planning is already underway for the process change required.

Thatched roofs recognised

It has become clear over the past year that home owners with thatched roofs felt somewhat short-changed when it came to the Energy Performance Certificate (EPC). While the insulating properties of thatch are well-known, the calculation methods used in the EPC could not take this into account directly and many owners have been disappointed to see that their roofs were not detailed in the report. However, from next month, thatch will now explicitly be included, highlighting its energy efficient qualities.

New Partnership branding

As one of the few companies actually growing its client base significantly, we continue to invest in the business. From September, we will be refreshing our entire brand which will include changes to the website and our HIPs will sport a new, more professional look. Widely acknowledged as the leader in the premium property market, we continue to invest in our people, systems and our materials to ensure that our clients receive the most professional support in the industry.

Association of HIP Providers – an apology

In our last newsletter, it was stated that the Association of HIP Providers had not warned their members that EPCs could no longer be accessed through a direct link. We have been informed that AHIPP did provide details to their clients and we apologise for any distress that this reporting may have caused.

“Thank you very much David Davis”

2008-06-17T00:02:00.000+01:00

We believe that everyone in the property sector owes the former shadow secretary a debt of gratitude. This is because, despite our best efforts, we couldn’t find a single story in Friday’s newspapers about the property market. Given that in recent weeks, not a day has gone by without a doom-laden headline obscuring the details of stories about rising prices and confidence growing amongst surveyors, so it was refreshing to see a change in media focus. Naturally, we agree that HIPs must shoulder the blame for the current dearth of buyers, especially since it now costs less to buy property and agents such as Connells are reporting significant reductions in transaction times due to their use.

Energy Performance Certificate links broken

Earlier this month, the direct links to the EPC register were broken by a system change that had been requested by the government. Although The Partnership has chosen not to join the Association of HIP Providers, it quickly became apparent that not even their members were aware of this change until it was made. The effect is that existing direct links to complete EPCs will no longer work, although we will of course provide replacement links to our clients when requested.

Energy performance firm receives funding

It was announced last week that Close Ventures have made “a significant investment” in Vibrant Energy, an EPC provider, to help ensure their growth. While much of the focus appeared to be on the potential growth in the commercial and residential rental market, this commitment from a respected venture capital firm gives an indication that investors are convinced about the longevity and profitability of energy reporting.

Energy Performance Certificates advertising

Further evidence of the commitment to the analysis of energy use has been the arrival of new advertisements for EPCs in both the national media and regional radio stations. These new advertisements feature a house running on a treadmill while it is being examined by a suitably qualified energy assessor, advising consumers that very soon, an EPC will be coming to a home near them.

The Partnership goes from strength to strength

Finally, we are delighted to report that our business continues to expand with new pilots starting with some of the most respected estate agents in the country. We have been chosen primarily due to our informed and pragmatic approach, as well as the benefits of our technology integration with Reapit. With the support provided by companies such as Niche, ehouse and Christopher Rodgers, we continue to earn the respect of clients and competitors alike as one of the most professional companies on the market today.

"... it's not dead ... merely resting ... pining for the fjords"

2008-05-19T22:54:00.000+01:00

With the government's recent announcement that it plans to introduce a single set of standards for Home Information Packs, it appears that despite the efforts of supporters of the HIPCode, this first fledgling attempt at standards appears consigned to the same fate as the Norwegian Blue. In a statement, the government confirmed that they will be working with professional bodies including RICS, NAEA and The Law Society to improve the documentation contained within HIPs. This issue, that The Partnership has been campaigning for over the past three years, has clearly yet to be addressed and the government is now ready to step in to help improve standards. With the use of variable quality, manually produced personal local authority searches and incomplete title information still widespread amongst the majority of HIP providers, this new code of practice should help guide consumers to using professional suppliers and eliminate the duplication of effort that inferior quality HIPs have been generating to date.

Shift in Conservative position on HIPs

The twilight zone that is English Politics 2008 has revealed a change in attitude towards HIPs by the Conservative party. Grant Schapps, the shadow housing minister, has been describing the “positive spin-offs from the introduction of HIPs” and that any future government would be “mad to do away with anything that has been helpful … there is no dogma about this whole thing at all as far as I am concerned”. This monumental shift may cause consternation amongst anti-HIP campaigners who have been ticking off the days to a Conservative government. After years of campaigning against their introduction it appears that to opposition politicians, maybe HIPs are not the guaranteed vote-loser that they had originally envisaged.

Newbuilds

There appears to be continued confusion about HIPs for newbuilds. Although since April, all newly marketed properties irrespective of their build status require a HIP, there is still questions about the use of Predicted Energy Assessments (PEAs) and full Energy Performance Certificates (EPCs). Fundamentally, if a building is incomplete, it will need a PEA that is derived from the Standard Assessment Procedure (SAP) ratings available for all new buildings, calculations that are available from the developer. The PEA can be calculated from these figures without requiring a visit to the property. However, when the building is complete, a full EPC must still be produced, but this does not require an assessor to re-visit the property and is calculated off-site.

Partnership System Usage

To enable our users to enter instructions even more quickly, we have added a new postcode lookup for those that do not use the Reapit RPS system. This means that with our system, universally accepted as being the simplest on the market with single-click ordering and requiring only four pieces of information, it now takes less than 20 seconds to place an order, and we still offer the flexibility of client invoicing and unrivalled ease of access to documents and energy data. We have also added the ability for clients to tell us where there are ancillary properties, as well as online help screens for assistance where necessary.

"... and in the wing-mirror she sees her husband's severed head being banged on the car roof by a crazed axeman".

2008-04-24T23:35:00.000+01:00

We are pleased to learn of a new urban myth that is challenging this rather tired classic. Although trade magazines continue to print articles on the market-killing properties of HIPs, the "Exchange-Ready HIP" now seems flavour of the month. Some observers are suggesting that by including the Home Condition Report and the Home Use and Contents forms, this will make them "Exchange Ready". While we welcome their optimism, we are concerned that expectations are being unfairly raised by such promises. Until HIPs include a contract which is agreeable to any purchaser's conveyancer and has all the answers to all the questions about the property that the aforementioned conveyancer could ever ask, the concept of the "Exchange-Ready HIP" remains in the twilight world of urban mythology.

All properties need HIPs

From the beginning of April, all qualifying properties that are brought to market now need a HIP, including newbuilds. This is because Energy Performance Certificates (EPCs) can now be produced for all types of properties, and hence the exceptions that used to exist for properties built to the latest building regulations have been eliminated.

The "Drop-Dead Date" that required properties already on the market before HIPs were introduced, to have a HIP, has still not been announced. With the first year of HIPs nearly upon us, there is still no confirmation whether such a measure will ever be introduced.

June 1st Position

To clarify the position from June 1st 2008 , this merely marks the end of the temporary measures that were introduced last year. From that date, it will be necessary to have the following documents available for prospective buyers before a property can be marketed;

- Index

- Sale statement

- Evidence of title (or a copy of the SIM search showing registration status)

- Energy Performance Certificate

As before, the seller still has 28 days to deliver the searches and the leasehold documentation, but the property may be marketed without these, although the HIP provider must demonstrate continuing efforts to obtain such documents.

EPCs for rental properties

Although not due until later this year, discussions are starting about the requirement for EPCs for rental properties. It appears that the impact of the introduction of EPCs on the rental market will be nowhere near as onerous as many had feared, with a single EPC required only at the first change of tenancy after the start date of October 1st 2008. As EPCs last for ten years, and are NOT required at future changes of tenant, their introduction will be less costly than some had thought.

''The complete collapse of the housing market''

2008-03-17T14:13:00.002Z

Judging by the number of new instructions that we have been receiving over the past month, it seems that media rumours of the complete collapse of the housing market are somewhat over-rated. Naturally, the amount of negative media coverage about the state of the property market has led some buyers to be a little cautious, but the over-riding message is that the market is alive and well. It seems therefore that despite the introduction of HIPs, the property market has not ground to a complete standstill.

Government validates The Partnership’s concerns

In the most recent release of Progress (http://www.home-information.info/20080314) the government’s bulletin on HIPs, it has confirmed the concerns that we reported last month about some HIP providers not following the legislation accurately, and exposing their clients and estate agents to the risk of penalties for non-compliance. The government has also acknowledged the practice of some providers that deliberately do not proceed with the HIP once they have been ordered and appear not to have the full understanding of what is meant by the term, “official copies of title documents”.

MDA buys Richards Gray

As anticipated, and with the rapid growth in the number of HIP providers, the consolidation amongst them has already started. MDA, one of the larger HIP suppliers, announced at the start of March that it was acquiring Richards Gray, a smaller competitor. Although the acquisition is to be approved by the Office of Fair Trading, this transaction illustrates that companies are seeking to increase market share as quickly as possible and the most effective method is through appears to be through supplier, rather than client, acquisition.

Enhancements to HIP ordering and tracking

Following feedback from our clients, we are making some significant improvements to our HIP ordering and tracking system. While our system is recognised as being the simplest on the market, with single-click ordering from within Reapit, we’re adding more facilities to make ordering and tracking even easier.

After Easter, the upgrade will be complete, with new facilities including:

- Postcode address lookup
- Simplified HIP type ordering (already complete)
- Improved tracking including HIP search
- HIP instruction communication (already complete)

If you would like to know more about these features, please contact us.

“Love you long time … fifteen dollars.”

2008-02-18T13:36:00.000Z

Not since Kubrick’s prostitute in Full Metal Jacket made her generous offer have we seen such outrageously low prices for professional services until the recent increase in cut price HIPs. The proliferation of poor quality websites offering cheap HIPs seems to grow daily. However, as any property professional knows, relying on very low prices results in compromises to the level of service that can be provided, and our first story highlights that factory-style prices are leading to factory-style service. Sadly, with some companies flouting the law through the use of personal drainage searches, invalid copies of title documents and incomplete personal local authority searches, it is the consumer who was hoping that HIPs will speed up their sale, will be the loser.

Invalid HIPs Grow

Last week, the government published a warning that it was aware that a number of HIP providers were not using valid title documentation. It appears that a combination of cost cutting and an inability to combine the title documents into a single file has lead to some providers using “Register Views” rather than official copies of the register. This, when combined with the use of personal searches that do not include critical information such as environmental health reports is resulting in some consumers paying for HIPs that are not legally compliant.

Leasehold HIPs

Many people are still unaware that from last December, complete leasehold information in a HIP was made optional by a change in the law. This means that leasehold HIPs only need to contain just a copy of the lease which significantly reduces the amount of work required to produce HIPs for such properties. This is just a temporary measure and after June 1st much more useful information such as planned works, management accounts and service charge documents will be required.

Price unification

Recent changes in the market has meant that we are now able to offer a much simpler pricing mechanism for our HIPs. Our Compliant HIPs are now a fixed price of only £349+VAT, which covers unlimited number of titles, unregistered titles, two printed copies with additional copies available for no additional cost. The price of our unique fixed-price authorised HIPs, with full authorised searches and complete title documentation has been significantly reduced to only £495+VAT outside London, and £560+VAT for all London boroughs, making them considerably more attractive for all our clients.

''The dangers of low-cost content''

2008-01-20T23:25:00.000Z

Our widely-reported warnings last summer about the problems that would be caused by the use of low-cost HIP content are coming true. In the last few days, we have had incidents whereby low-cost content has discouraged a buyer and is likely to cost a seller more to compensate for inadequate documentation. Where buyers and solicitors are looking at HIPs containing personal searches and incomplete title documentation there is a genuine risk that this may discourage some from proceeding with a particular property.

On a positive note, we have received intriguing feedback from search providers who are receiving fewer requests for non-HIP based searches such as environmental, indicating that some solicitors are not commissioning their own searches, but relying on HIP content, which is in direct contradiction to some perceptions.

Further details of these cases will be available later this week.

Newbuild Confusion

There is still confusion over whether newly-built properties require a HIP. Contrary to popular belief, all new-builds needed a HIP until May 2007 when a piece of enabling legislation stated that if a property complied with Building Regulations 2006 or later, a HIP was not required. Although it is hoped that this anomaly will be resolved by April, it will require software developers to fix the problem and this date is by no means guaranteed. Until that time, it is necessary to know under which regulations a property complies, as many will indeed be exempt.

Sellers check of forms

From the earliest introduction of HIPs, it was intended that the seller would check the contents of the sales statement and the index and sign them accordingly. Due to concerns about identify fraud, this was changed to just a tick instead. There were questions about the usefulness of such an anonymous mark and this requirement has now been quietly dropped. That said, the responsible person, either the seller or estate agent, is still responsible for ensuring that the sale statement and index are correct – they just don’t need to tick the box.

Energy efficiency leads to higher heating bills

We were intrigued to receive an Energy Performance Certificate (EPC) which resulted in higher heating bills if all the energy saving methods were introduced. It appears that low-energy light-bulbs generate less heat than the traditional type, so to maintain the same temperature in a property, the heating will need to be increased, resulting in a higher bill for that utility, albeit offset by a reduced electricity requirement for the lighting the bulbs.

''The saga continues ...''

2007-12-17T12:17:00.000Z

With the majority of new property instructions now requiring a Home Information Pack, the saga that is the introduction of HIPs appears to have finally reached the end of the first chapter. Almost a year late from the original introduction date with some of the earlier requirements diluted, critics argue the scheme has been seriously undermined. Indeed, with matters such as obtaining EPCs for newly built properties and the ongoing confusion of the “drop dead date” this project has someway to run, although it was always clear there would be changes along the way. That said, HIPs have achieved the goals of improving awareness of the issues in house buying and selling and consumers are starting to reap the benefits of reduced search costs, faster turnaround times and increased commitment levels from sellers. With HIPs increasingly used in the conveyancing process, the ongoing debate about the use of personal local authority searches will no doubt continue to drive down prices and improve service levels.

1st January 2008 Clarification

With the recent changes concerning the reduced amount of leasehold information required and continuation of first day marketing, there is still some confusion about the current position. From 1st January 2008 there will be NO change from the current position; i.e. properties can be marketed once a HIP has been commissioned and only the lease is required for leasehold properties. Properties already on the market before the introduction of HIPs and newbuilds complying to the latest building regulations standards will still NOT need a HIP.

Market Consolidation

There are early signs that the highly fragmented HIP service provision market is starting to consolidate, with a number of firms facing up to the realities of reduced margins and the increased support overheads required to deliver HIPs and Energy Performance Certificates. One company that had been very prominent was Habitus, who have recently announced that they have put their energy assessment business into administration.

Media Coverage

We were pleased to be published in Paralegal Magazine, the RICS SafeAs newsletter, as well as being involved with the first podcast for the Partnership, details of which can be found here.

http://www.energy-performance-certificates.org/dea/podcasts/thepartnership-12-12-07

''The promise of an early Christmas present''

2007-11-18T22:40:00.000Z

The promise of an early Christmas present for domestic energy assessors of HIPs for 1-2 bedroom properties appears not to be forthcoming. While the introduction may bring welcome work for some of the 10,000 trained assessors, many of these properties will be leasehold, which are proving challenging to deliver HIPs quickly. Indeed, the tough realities of rapid HIP production are starting to make some of the promises of a “5 Day HIP” ring a little hollow, with one major company taking 10 weeks to finish the work. With most HIP providers apart from ourselves lobbying for “full market” introduction, for some it could indeed be a case of turkeys voting for the aforementioned festival.

Personal searches issues increasing

Following the news last month of local authorities reducing their authorised search pricing, some are now charging fees of up to £60 to provide information on building control notices and environmental health. With additional appointments required to obtain this information, this will only add to the increasing delays in appointment times of up to 3 weeks currently being witnessed. Given that this performance is expected to deteriorate further with higher volumes, even at this very early stage, personal searches are already starting to be less attractive than the authorised alternative in terms of turnaround times and of course, unqualified mortgage lender acceptability.

January 1st 2008 – Myths and Realities

There appears to be a certain amount of confusion about the changes due in the new year. Some believe that all properties will require a HIP and a property cannot be marketed without all the documentation in place. As has already been seen, there remains no news on 1-2 bedroom properties and there is no requirement for the complete HIP to be available before marketing. From January 1st 2008, a HIP will need to be in place but if the searches and leasehold documentation are not available, the property may be marketed anyway. HIP providers must continue to try and obtain outstanding information, but a property may be marketed with just an EPC, title information, index and sale statement being available.

HIP Knowledge – A resounding success

Since launching our new HIP Knowledge (http://www.thepartnershiplimited.com/html/faq01.html) a week ago, we have received over 6000 enquiries and the feedback has been extremely positive. The knowledgebase goes beyond the often out-dated and trivial “what goes into a HIP” type of “Frequently Asked Questions” and provides an up-to-date and useful resource for agents and solicitors looking for answers on more indepth topics. If you have any questions that you do not see on the site, please email us on info@thepartnershiplimited.com and we will add it to the lists.

''If you believe the advertisements''

2007-10-15T07:59:00.000+01:00

If you believe the advertisements, if you pay more than £299 for a HIP then you’re clearly wasting money. However, given recent examples of providers illegally including mortgage documents in a HIP, taking three weeks to organise an energy inspection and carrying out searches on the wrong property, perhaps these cheap products might not be so cost-effective after all. These low prices mean that assessors are being paid only £65 to carry out energy inspections, a job that can take several hours. In one case, an assessor willing to do the work for this money had to travel 130 miles around the M25 to get to the property. Maybe he took advantage of the queues on the motorway to file the report from his car, because it produced an energy efficiency rating of 1, with no scope to improve this figure, which is somewhat unusual to say the least.

Personal search usage and performance

As reported last month, our concerns about the costs to consumers through the use of personal searches are being borne out. We currently have two cases that require a quick exchange. One seller paid for an authorised local authority search, the other wanted to save money with a personal search. As the first client had not instructed their solicitor when marketing the property, the time taken to get the searches would have meant the deal wouldn’t have gone through, but the HIP has put them in a position where the sale can be completed in time. However, in the second case, the use of a personal search may now stop the transaction because of concerns about whether the mortgage lender will accept it.

We are already seeing personal search appointment times start to stretch. In a recent case, much to the disappointment of the estate agent, the local authority could not make an appointment with a personal search agent for eight working days, introducing significant delays into the instruction. With the proportion of personal searches increasing, such delays and worse are expected to become commonplace.

Trading standards activity

Trading standards officers are actively carrying out inspections of estate agents to ensure that they are complying with the Home Information Pack regulations. We are aware of instances in Hampshire where officers have turned up unannounced at agents and asked for an explanation of how they are ordering HIPs and the processes they use to obtain these. They have also sent out questionnaires to all agents asking for acknowledgement of their processes and procedures.

HIPs for new-builds

There is some confusion over the requirements for a HIP for newly built homes. This is because under the original legislation, a HIP was required for all properties that were marketed for sale, including newly built properties, whether constructed or not. Currently, if a new property is being marketed that conforms to the older Building Regulations 2006 regime then it will NOT need a HIP. Therefore, to determine whether a new property needs a HIP, it will be necessary to check which building regulations it conforms to.

Media Coverage

We were pleased that the Daily Telegraph picked up on our concerns about the service offered by a major water company in their production of drainage searches, with some outstanding for over 30 days. The company involved should take heed of Thames Water, who are consistently producing high quality reports sometimes within a matter of hours.

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/10/13/nhip113.xml

''We are delighted to see the world hasn’t ended''

2007-09-17T08:43:00.000+01:00

Six weeks into the introduction of Home Information Packs (HIPs), with over 70% of the market now requiring a HIP and we are delighted to see the sun continues to rise in the east and the world hasn’t ended. Original concerns that HIPs would deter people from moving house is difficult to validate although it has been reported that instruction rates in August for four bedroom properties were reduced, compared to earlier, albeit traditionally busier, months. To date we have found only one speculative seller that was put off selling by the price of a HIP - a tiny minority of the hundreds of instructions we have taken over the past few weeks.

HIP delivery times

As expected, there have been some missed expectations with the delivery times of HIPs. Most providers had said they would be able to complete a HIP within five days, but this appears to have been rather optimistic. Despite one of the largest HIP providers expressing concern that the delays are being causd by their use of personal search agents, there are other aspects that affect delivery performance. In particular, we had warned about the performance of some of the water companies and as is shown below, these warnings have proved to be accurate.

Drainage search return times

With only official drainage searches from the water companies allowed in a HIP, the delays that are currently being experienced in their return are starting to be time consuming. Searches are taking over four weeks with one company and we have yet to see evidence that the backlog is easing. We have already seen one HIP provider use a personal drainage search instead, which we assume to be an attempt to overcome these delays. Although currently the time pressure on search returns is not critical, performance will need to improve if realistic timescales are to be achieved with more properties coming onto the market.

Strutt and Parker / Lane Fox

Following their recent merger, two of our clients, Lane Fox and Strutt and Parker have today released their unified branding with all but two Lane Fox offices now under the new Strutt and Parker image. We wish them all the best for the future, and look forward to continue to support them in the delivery of HIPs. The feedback on the ReapIT integration for HIP ordering has been extremely positive with negotiators requiring just a single click to confirm an order with no data re-keying required.

HIPcode

This month, the Partnership became the latest signatory to the HIPcode, the de facto standard code of practice for HIP providers. The HIPcode dictates that signatories must have at least £2m professional indemnity insurance cover and that a customer redress scheme must be in place. Naturally, The Partnership fully supports the imposition of standards and regulations and is delighted to be working more closely with this standard as supported by the Association of HIP Providers to ensure professional standards in the industry are maintained.

Media Coverage

Last month, our concerns about the use of personal searches in HIPs created significant awareness in major newspapers and media. We were pleased to receive coverage on Channel 4 news with The Times, Daily Telegraph, Daily Mail and Evening Standard all reporting on this issue. Although some have claimed it was a “storm in a teacup” we have already heard anecdotal reports of solicitors rejecting HIPs with personal searches and hope to bring more details of this story next month.

With almost indecent haste ...

2007-08-20T09:29:00.000+01:00

... the announcement of HIPs for three bedroom properties arrived unseasonably early last Friday. With many observers expecting the four bedroom rule to be with us for the foreseeable future, the news that from September 10th, HIPs will be needed on half of all properties being marketed came somewhat as a surprise. Although we have found that HIPs seem to be going smoothly albeit with a few minor teething problems, we await with interest this rapid increase in volumes and the potential impact it will have on the service that providers will be able to offer.

Local Authority Personal Searches

We have always highlighted our concerns about the delivery times and acceptability of personal local authority searches within HIPs. Recent feedback from one agent revealed that our concerns about delivery times seem well-founded. A HIP provider had promised the agent a turnaround of 5 working days to produce a HIP, but the searches have delayed this by three weeks. We remain convinced that Authorised local authority searches are the most effective solution and await the statistics from buyer’s solicitors that are presented with HIPs on how many will accept personal searches.

The press release on this topic is available here:

http://www.thepartnershiplimited.com/Documents/The%20Partnership%20-%20HIP%20Rejections%20010807.pdf

EPC Charts

One of the more interesting challenges set for agents and providers was the inclusion of EPC charts on property particulars. The interim regulations that are in place until the end of the year allow properties to be marketed when a HIP has been commissioned which has lead to confusion about whether the EPC charts still need to be included. To clarify the position - the rule is that when an EPC is available, the corresponding chart MUST be included on particulars. If it can be shown that despite an agent's best efforts, it has not been possible to produce an EPC by the time the particulars are printed, the charts do not have to be included.

LawPack Self-Help Kit

We are delighted to announce that the LawPack self-help kit for HIPs started shipping last Monday. Copies can be ordered directly from our website:

http://www.thepartnershiplimited.com/html/lawpack.html

Reapit integration

Estate agents using Reapit can take advantage of the direct link now available between RPS and our HIP ordering system. Users can order a HIP with just several mouse clicks, with all the necessary information passed directly to our system.

More details can be found here:

http://www.thepartnershiplimited.com/html/technology.html

Media Coverage

Our concerns about the acceptability of personal searches in HIPs were highlighted with stories in the Daily Express, The Observer and The Negotiator, and we were delighted to have an article on the current position with HIPs published in The New Law Journal.