Letting AgentsFree PIMS LISTThe Agent is responsible for the compliance withTenancy Deposit Legislation. Where the Landlord requiries the Deposit the Agent should satisfy themselves the Landlord complies. [before releasing the money to the Landlord]
Local Authority SearchA check carried out by a purchasers solicitor to ensure that the prospective property is not subject to any local authority issues Local Housing Allowance Local Housing Allowance LHA is a new way of working out Housing Benefit for private tenants It was introduced nationally on April LodgerA lodger is a tenant who rents a room or rooms in anothers house, usually from a Live in landlord Loft ApartmentGenerally in former industrial premises and often open plan in layout loft apartments usually have high ceilings and lots of natural light Long VacationPeriod between August and September in each year during which there are only restricted High Court sittings for urgent matters Lord Chief JusticeSenior judge of the Court of Appeal Criminal Division who also heads the Queens Bench Division of the High Court of Justice Lord Justice Of AppealTitle given to certain judges sitting in the Court of Appeal Maintenance ChargeA charge usually in flats to cover the cost of repairing and maintaining common parts a building MaisonetteA purpose built house typically ided into two dwellings Major RepairsSignificant work required to remedy disrepair to the structure, services or external elements of a property, block or estate MCOLAn online Service that allows claimants to start legal proceedings which relate to money. Defendants can use the service to respond to a claim against them also MediationA process for resolving disagreements in which an impartial third party the mediator helps people in dispute to find a mutually acceple resolution. If mediation ils court proceedings can be initiated or reactivated MEESThe Minimum Energy Efficiency Standard MEES Landlords are charged with the requirement to bring their rental property to a minimum
, landlords will no longer be permitted to grant new tenancies extend or renew a tenancy to an existing tenant if the property has an
rating of E. Property with F and G rating will effectively be banned from the rental market April Mesne ProfitsSum of money claimed by the owner of property against someone not legally entitled to be in possession. Calculated from the date the notice to quit expires until the date possession is given up Method Of ApportionmentThe way that the costs of a service are shared Mining SearchA search to check whether the property may be affected by coal mining activity may result in subsidence MinorSomeone below years of age and unable to sue or be sued without representation, other than for wages. A minor sues by a next friend and defends by a guardian MitigationReasons submitted on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence Money Claim OnlineAn online Service that allows claimants to start legal proceedings which relate to money. Defendants can use the service to respond to a claim against them also Mortgage Arrangement FeeA cost charged direct to you by a mortgage broker or independent financial adviser, usually charged on an hoy basis Mortgage DeedThe document signed by the mortgagor to create a legal charge the mortgagee can register at the land registry Mortgage ValuationA report commissioned by your lender to check the property is valued correctly MortgageeThe party that advances the loan MortgagorThe party who has taken out the mortgage MotionAn application by one party to the High Court for an order in their vour Multi TrackThe path that defended claims over are allocated to NAEANational Association of Estate Agents NALSThe National Approved Letting Scheme is a Government backed accreditation scheme National Approved Letting SchemeThe National Approved Letting Scheme is a Government backed accreditation scheme NAVAn expression used with investment trusts to mean the value of the funds underlying assets Net asset valueAn expression used with investment trusts to mean the value of the funds underlying assets NHBCNational House Building Council NonSuitProceedings where the plaintiff has iled to eslish to the Courts satisction that there is a case for the defendant to answer NotarySomeone who is authorised to swear oaths and certify the execution of deeds such as a Solicitor Notice Of IssueNotice sent by a Court to the claimant giving notification of the case number allocated to their action and details of fees paid. Confirms date of service. Notice To QuitGives prior notice, when served in possession proceedings, of termination of a tenancy see ending a tenancy for help in letting Notice To TenantSee section and under letting ending a tenancy ObjectionDisagreement with an argument or set out by another at the hearing Occupiers Duty Of Care Section of the Occupiers Liability Act provides that the occupier of a property has a duty of care to all visitors who come onto their premises Official CopyA copy of an official document, supplied and marked as such by the office which issued the original. Official ReceiverAn officer of the Insolvency Service of the United Kingdom, the Official Receiver OR is an officer of the court to which he is attached. Official SolicitorA solicitor or barrister appointed by the Lord Chancellor and working in the Lord Chancellors Department. The duties include representing, in legal proceedings, people who are incapable of looking after their own afirs i.e. children/persons suffering from mental illness OmbudsmanIndependent referees who consider complaints against public and private organisations in a wide range of fields including housing, health and banking. They are often used as a last resort when complaints cannot be resolved through an organisations own complaints procedure. Ombudsman services are free to use. Recommendations made by ombudsmen are not binding on the person the complaint complainant. They can still go to court even if the ombudsman decided against them Open Market ValueThe price a property would achieve when there is a willing buyer and willing seller. Oral EvidenceEvidence given to a court, verbally rather than in writing. Oral ExaminationA method of questioning a person under oath before an officer of the Court to obtain details of their financial afirs. OusterAn order within an injunction to force a person to leave a property OverrentingThis occurs when the rent passing exceeds the current open market rent PAGProbation Accommodation Grant, paid by the Home Office to provide accommodation and support for exoffenders Particulars Of ClaimThis document contains details of the claimants claim which must be contained in the claim form or served shortly after the claim form has been served. The particulars should be a concise statement of the cts of the claim Party and PartyCosts that one party must pay to another Party WallThe wall shared by two connected properties PCOLAn online Service which allows claimants to start legal proceedings related to property online. Defendants can use the service to respond to a claim against them also Personal ApplicationApplication made to the Court without legal representation Personal Injury ClaimA civil claim, which relates to physical or mental harm suffered by a claimant, due to the defendants alleged negligence Personal ServicePersonal delivery i.e. not by mail of a claim, summons or notice PetitionA method of commencing proceedings whereby the order required by the petitioner from the Court is expressed as a prayer, e.g. the petitioner therefore prays that the marriage be dissolved orce proceedings PetitionerA person who presents the petition Plaint NumberOldshioned term for Claim Number PleaA defendants reply to a charge put to him by a court; i.e. guilty or not guilty PleadingDocuments setting out claim/defence of parties involved in civil proceedings Possession Claim OnlineAn online Service which allows claimants to start legal proceedings related to property online. Defendants can use the service to respond to a claim against them also Possession ProceedingsLegal proceedings by a landlord to recover land or property such as a house or flat. use a Section for Accelerated and Section for Standard possession see ending a tenancy Power of ArrestAn order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order Practice DirectionsThese are steps to be followed by parties to a dispute prior to legal action. The aim of the to increase cooperation between parties and therefore the chances of an early settlement Practice FormForm to be used for a particular purpose in proceedings, the form and purpose being specified by a practice direction. Preaction ProtocolSocial Housing Procedures, but likely too extend to the private sector, preaction conduct prior too commencement of tenant eviction. Such as protocol in rent arrears PrecedentThe decision of a case which eslished principles of law that act as an authority for future cases of a similar nature Preliminary HearingA hearing in which the Judge ensures that the parties understand what they must do to comply with any directions and offers guidance on such matters as the use of an expert witness. This hearing is before the final hearing Prescribed Information Deposits The Landlord is obliged to supply the following information for this supplements the provisions relating to tenancy deposit schemes Failure to do so exposes you to Penalties and fines Prime CovenantThe best quality of investment, represented by prime property Prime LocationThe most desirable or sought after location Prime PropertyBroadly, prime property finished to a high specification, well situated in a commercially strong geographical location and let to a good tenant Private Rented SectorPrivate Rented Sector prs is housing that is privately owned and is let tenants Private RoadA road maintained by property owners rather than by the local authority Private TreatyThe sale of a property at a price agreed to by the seller and the buyer or their agents PrivilegeThe right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law. ProbateThe legal recognition that a will is valid Property Price SurveyResearch that shows the prices of properties across the country Protected TenancyA tenancy under the tenant has security of tenure under Part II of the Landlord and Tenant Act PRSPrivate Rented Sector prs is housing that is privately owned and is let tenants Public FundingState funded assistance, for those on low incomes, to cover legal fees. Public Liability InsuranceThis of insurance covers you should anyone suffer injury or death in or around your property Purpose BuiltRefers to a collection of flats built as such rather than a conversion Quantum Of DamagesIn a damages claim the amount to be determined by the court Queens CounselBarristers of at least ten years standing may apply to become queens counsel. QCs undertake work of an important nature and are referred to as silks which is derived from the Courts gown that is worn. Will be known as kings counsel if a king assumes the throne Quiet EnjoymentTenants have a right to quiet enjoyment which means the freedom to enjoy the property as any owner would free from unnecessary interference by the landlord. Rack RentThe best market rent obtainable Rate Of ReturnThe change in the value of your investment taking into account both income and growth ReallocationTransferring the case from one allocated track to another. This can happen if the value of the case increases ReceiverPerson appointed by the Court of Protection to act on behalf of a patient RecognisanceAn undertaking before the Court by which a person agrees to comply with a certain condition, e.g. keep the peace/appear in court. A sum of money is normally pledged to ensure compliance RedemptionPayment made when repaying a mortgage RegencyProperty built between approximately Register of judgments, orders and finesA public register containing details of county court and High Court judgments, fines enforced by magistrates courts and county court administration orders Registered LandProperty has already been registered at the Land Registry Registered Social LandlordA Registered Social Landlord is a notforprofit housing association or trust Relevant PartyAny third party that has paid all or part of the deposit on behalf of the Tenants. Such as parent, council, trust or a charity RemandTo order an accused person to be kept in custody or placed on bail pending further Court appearance Rent A Room SchemeA government scheme allows you to earn up to , a year tax free by taking in a lodger Rent Assessment Committees tenants of assured shorthold tenancies can refer their rent for review during the first six months of their original tenancy, or under the notice procedure under s of the Housing Act Rent BookA landlord is only legally obliged to provide a rent book if the rent is payable on a weekly basis where ilure to provide a rent book is a criminal offence Rent PassingThe actual current rent being paid Rental ValueThe rent that a property might reasonably be expected to command in the open market at a given time, subject to the terms of the lease Rental YieldThis is what a landlord can expect to receive in rent, expressed as a percentage of the purchase price of the property RescissionWhen the sale of a property is cancelled or revoked Residential Property Tribunal ServiceThe Residential Property Tribunal Service determine Fair rents and Market rents for Regulated Rent Act and Assured tenancies. Residential Property Tribunal Service The Residential Property Tribunal Service determine Fair rents and Market rents for Regulated Rent Act and Assured tenancies. Response PackA response pack is sent to the defendant in a civil claim with the claim form or with the particulars of claim if they were served separately. The pack contains all the forms needed to reply to the claim RestitutionWhere a defendant who has been evicted by a bailiff illegally reenters the property the claimant must issue a warrant of restitution with the court in order to regain possession RetentionA sum of money held back until agreed work or repairs have been carried out to the property to the satisction of the lender RIBAThe Royal Institute of British Architects RIBA exists to advance architecture and promote excellence in the profession. RICSRoyal Institute of Chartered Surveyors Professional body for surveyors Right Of AudienceEntitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the proceedings Rights Of Entry And Refusal The landlord is giving the tenant the right to occupy the property as their home, the landlord is not entitled to enter the tenants living area without permission ROIReturn on Investment Room Contents InsuranceA specific policy to cover those who rent a room within a property RPIRetail Prices Index RPTSThe Residential Property Tribunal Service determine Fair rents and Market rents for Regulated Rent Act and Assured tenancies. RSLA Registered Social Landlord is a notforprofit housing association or trust Rugg ReportWith almost million homes in England being rented from over half a million private landlords, In January Yvette Cooper commissioned an independent review to look at what problems tenants and landlords ce and what works well in the sector S NoticeA Notice to the tenant providing no less than two months notice to vacate. The Notice must comply with a definitive process including , serving and expiry of such Sale And LeasebackAn arrangement whereby a property is sold, with the vendor simultaneously being granted a lease on the property by the purchaser SanctionA penalty imposed on a person involved in a case if he or she, for example, ils to comply with directions or refuses to consider an alternative to court. Even though a person wins a case, the judge may order them to pay the other partys costs SatisctionPaying a debt or settling an obligation by an act or deed SealA seal is a mark which the court puts on a document to indicate that the document has been issued by the court. Seasonal LettingsDescribes short term lets covering a particular time of year e.g. Summer, the duration of a particular event etc Secondary PropertyA term used for property is defective in one or possibly two of the characteristics of prime property Section Section of the Landlord and Tenant Act places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances Section Repairs There are a number of statutory implied terms dictate your repair obligations as landlord The most important of these is Section of the Landlord and Tenant Act Section NoticesNotice of a Rent Increase There are only two ways to lawfully increase the rent Issue a Section Housing Act Notice proposes an increase in rent or Issue a new tenancy agreement at the end of the fixed term with an increase in rent Section A Notice to the tenant providing no less than two months notice to vacate. The Notice must comply with a definitive process including , serving and expiry of such Section B A section Notice that is served when the tenancy is still in the fixed term of the tenancy Section Notices A Section Notice informs the tenant you are giving them no less than two months notice of your intention to bring the tenancy to an end Section
Electrical Certificate currently optional but recommended
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rating of band F or G. G as shown on a valid Energy Performance Certificate for the property;
Most Letting Agents are Limited Companies and should the business il the Landlord is an unsecured creditor.
ImpartialNot having or showing any vouritism to one side in a dispute ImprovementsSignificant works to be carried out to a property, block or estate but not work that is required to remedy disrepair IndemnityA right of someone to recover from a third party the whole amount which he himself is liable to pay. IndependentPerson or organisation not connected to any of the parties in a dispute or legal case IndexationThe regular adjustment of a rent in accordance with a specified index, e.g. the Retail Price Index InjunctionA court order which either restrains a person from a course of action or behaviour, or requiring a person to do something. InstalmentsA method of paying a debt in several parts at intervals. Payment by instalments is agreed to make the burden of repayment lighter Insurance OmbudsmanThis is an official body to any complaints or problems with an insurer should be put InterestA charge for borrowed money, a percentage of the sum borrowed Interest Only MortgageA mortgage whereby interest only is paid and the capital amount of the original loan is repaid at the end of the mortgage term Interest RateThe monthly effective rate paid on borrowed money Interim OrderAn order made during proceedings which is not a final order Interim RentA landlord may apply to the court to fix an interim rent Invalid Section Notices out of Notice issued are invalid due to technical errors InventoryA list which describes the condition of furnishings and contents at the commencement and end of the tenancy Investment ClubA group of people who band together and sometimes pool money in order to invest Investment YieldAnnual rent passing as a percentage of the capital value Joint BorrowerWhere there is more than one borrower Joint LiabilityParties who are jointly liable share a single liability and each party can be held liable for the whole of it. Joint TenantsPeople who jointly take responsibility for a tenancy must have clause jointly and severally in the agreement, like ours JudgeAn officer appointed to administer the law and who has authority to hear and try cases in a court of law JudgmentThe decision or sentence issued by a court in legal proceedings Judgment Set AsideA judgment or order can be set aside made void at the request of a party to the case in certain circumstances, for example if they were too ill to attend court on the day of the judgment Judiciali Relating to the Administration of justice or to the judgment of a Court ii A judge or other officer empowered to act as a judge Judicial DiscretionJudges have the power to decide how best to manage the case on the inidual cts. They do not necessarily have to look at how similar cases are managed. The judge has very wide case management powers under Rule of the civil procedure rules to decide on the evidence parties produce how best to manage their case Judicial ReviewThe High Court can review decisions of inferior lower courts, public bodies and other bodies to ensure that the decision process has been lawful Judiciaryi Relating to the Administration of justice or to the judgment of a Court ii A judge or other officer empowered to act as a judge JurisdictionThe area and matters over which a Court has legal authority JuryBody of jurors sworn to reach a verdict according to the evidence in a Court Justice Of The PeaceA lay magistrate person appointed to administer judicial business in a Magistrates Court. Also sits in the Crown Court with a judge or recorder to hear appeals and committals for sentence JuvenilePerson under years of age Land CertificateAn official certificate issued by the land registry where a property is registered detailing the ownership and interests in the property Land RegistrationThe process of registering your title to an area of land with the Land Registry, typically handled by a solicitor Land RegistryCentral Registry responsible for recording ownership of land Land Registry CertificateThis is a copy of the property entry in the land registry daase concerning a property transaction or ownership Land Registry FeeA charged levied by a solicitor to register ownership of an area of land with the Land Registry Land SearchA formal application for an inspection of the Land Registry register Landlord Associationstrade associations who lobby for landlords interests see about us Landlord Evictionsee ending a tenancy for help in letting Landlord Repair Obligations As well as any repair responsibilities expressly set out in the tenancy agreement, common law and statute will imply terms into the agreement between you and tenant These are Law LordsDescribes the judges of the House of Lords who are known as the Lords of Appeal in ordinary LawyerThe legal profession in the UK is ided into two branches. Barristers have the right to represent clients in higher courts whereas most solicitors are restricted to represent their clients in the lower courts Lay RepresentativeA person, not legally qualified, who accompanies another during a court hearing. The person may be a colleague, friend or spouse. Lead TenantThe Tenant, party to a joint tenancy agreement, who is authorised by all other Tenants party to the joint tenancy agreement to deal with the Scheme Administrator on all matters relating to the protection of the deposit Leading Junior CounselA senior barrister who deals with more serious cases, but not a QC. LeaseThe legal contract between the leaseholder and the landlord. The letting of land or tenements, e.g. rent etc, for property for a prescribed period. Rent to X for Y for Z period Leaseholdmeans that the land on the property is built is not part of the sale You have to pay ground rent to the owner of the land[ the freeholder] Leasehold InterestThe leaseholders rights in the property Legal AdviceAdvice about the law and your options from a qualified legal representative or advice centre Legal AidState funded assistance, for those on low incomes, to cover legal fees. Legal ChargeA document held by the Land Registry detailing who had first claim on your property Legal Personal RepresentativeThe person to whom a grant of probate or letters of administration has been issued Legally Assisted PersonA party to legal proceedings who is receiving legal aid LegateePerson to whom personal estate is given by will LessorThe party letting the property i.e. the landlord Letters Of AdministrationAuthority granted by a Probate Registry to someone interested in the estate of a person who has died without leaving a will. The order allows the administrator to carry out the duties relating to the estate LHALocal Housing Allowance Only applies to tenants who rent from private landlords. LHA defines what the maximum Housing Benefit a tenant is eligible to receive based on their needs Not what the property is LiabilityResponsibility or obligation. For example, a debt is a liability or responsibility. LibelA written and published statement/article which infers damaging remarks on a persons reputation LiborThe interest rate at banks in London buy and sell money between each other LicencePermission to carry out an act that would otherwise be considered illegal LienA legal right to withhold the goods property of another until payment is made. security for a debt could be construed has harassment if inappropriate Limitation periodThe period within which a person who has a right to claim against another person must start court proceedings to eslish that right. The expiry of the period may be a defence to the claim. Listed BuildingBuilding or other structure of special architectural or historic interest Listing QuestionnaireThis form is used to ensure that all issues are resolved and that the parties are ready for trial. Used for Fast track and Multi track claims only Litigant In PersonA person who starts or defends a case without legal representation. Such a person is entitled to be accompanied by another person who may advise them, but may not address the court LitigationLegal proceedings or court action. Litigation can be either civil or criminal proceedings. Litigation FriendA person who conducts legal proceedings on behalf of a child or a mentally incapacitated person Livein LandlordA homeowner who rents out one or more rooms in their property whilst living there themselves LME
Terms of Engagement should be clear, what is the Agent being commissioned to provide?Let only. Managed or Rent Collection.
This is when UK residential properties are owned by a company, a partnership with a corporate partner or a collective investment scheme. ATED which was originally the Annual Residential Property Tax, is a yearly charge on UK residential property. Attachment Of EarningsAn attachment of earnings order is a method by which money will be stopped from a defendants wages to pay a debt and as such will only help if the defendant is in paid employment. Attachment Of Earnings OrderAn order that instructs an employer to deduct a regular amount, fixed by the court, from a debtors earnings and to pay that money into court. The court pays the money to the person or people to whom it is owed AuctionA process whereby something is bought at a price that arises from a process of bidding avoid expensive mistakesCheck the
aA section Notice that is served when the tenancy has passed the fixed term of the tenancy AbandonmentWhere an occupier leaves a property without giving prior notice, affirming their intent to leave. The term has no specific legal meaning. You could be prosecuted for unlawful eviction if you do not proceed with caution Abatement NoticeA notice served by a local authoritys environmental health department telling a person responsible for a statutory nuisance to take the steps necessary to stop the nuisance. Abstract Of TitleA schedule listing the documents set out the history of ownership of a property Accelerated PossessionUnder the terms of a shorthold tenancy, the landlord has a mandatory right to possession of the property. Possession award can be decided by the court purely based on written evidence. Accelerated ProcedureA Term given to the legal process of a landlord securing possession after a Section Notice has expired Acceptance LetterA letter confirming your intention to proceed with granting a tenancy and defining the next steps Accommodation OfficeA department of a college or university that deals with housing for students. Acknowledgement Of ServiceWhen the particulars of a claim form, N outlining details of the claim are served on delivered to a defendant, they receive a response pack including a form which they must use to acknowledge they have received the claim. The defendant must file return the acknowledgment form within days of receiving the particulars of the claim. The particulars can be served with, or separately from the claim form. AdaptationsWorks that can be carried out to a property to make it suile for a person who has a disability or other such as it accessible for wheelchair users. AdjournmentAn order by the court that proceedings are postponed until a later date. AdjudicationA judgment or decision of a court, tribunal or adjudicator in alternative dispute resolution ADR cases where disputes are resolved outside of the court Administration OrderAn order by a County Court directing a debtor to pay a specified monthly instalment into Court in respect of outstanding debts. The Court retains the payments made and at intervals distributes it between the creditors on a prorata basis Administrative Courtthe Administrative Court is part of the High Court. It deals with applications for judicial review. Adverse PossessionA squatter can come onto land, occupy it, and subsequently gain legal ownership of it. If the occupation continues unopposed for a period as defined law. Advertising For TenantsAdvertise to secure tenants according to the of tenant that may be attracted to the property. Advice For LandlordWe provide days a week telephone support to our members Advice For RentingWe provide days a week telephone support to our members AdvocateA barrister or solicitor representing a party in a hearing before a Court AffidavitA written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it AffirmationDeclaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath. They declare by affirmation that the evidence he/she is giving is the truth Affordable Housinglow cost housing for sale, rent part ownership, or subsidised housing Agency FeesCharges made by accommodation agencies for finding accommodation for tenants, or for finding tenants for landlords. Some agencies also charge for drawing up and renewing tenancy agreements. AgentSomeone who acts on behalf of another for a fee such as an estate agent No formal qualification is required to set up as an estate agent in the UK Agent Inspections Should be as defined within the management agreement but no less than every months ideally being every months Aggravated DamagesAdditional damages that the court may award as compensation for the defendants objectionable behaviour. Agricultural OccupiersProvide as by their employer as a condition of their employment that is agricultural employment AllocationsThe way in which local authorities and registered social landlords make offers of permanent accommodation. ALMOAn Arms Length Management Organisation A Council owned housing company to manage the housing service independently of the Council Alternative Dispute ResolutionCollective description of methods of resolving disputes outside the court system AmendmentThe process by which corrections to court documents, such as statements of case, can be made. A statement of case can be amended at any time, before it is served or with permission of all other parties or the court, once served. The court may reject the amendment, even if the party concerned has permission of other parties to the case. Amount Offered In SatisctionAn amount of money offered by a defendant to pay a debt or to settle another of claim, for example in a personal injury case Annual Percentage RateA standard measure of the cost of borrowing including interest charges and other fees must be shown on all UK loan advertisements AnnulTo declare no longer valid Anti Social BehaviourAntisocial behaviour is any aggressive, intimidating or destructive activity that damages or destroys another persons quality of life. Anti Social Behaviour InjunctionsSocial landlords such as local authorities, housing action trusts,ALMOS ANUCAccreditation Network UK ANUK UK accreditation steering panel promoting best practice Appeal council, Land TribunalIf you are not happy with a decision made by the council, rent officer etc then you can appeal. A tribunal, independent from the housing and council tax benefit department, will review the decision. This is called an appeal hearing. Appeal court Legal ProcessApplication to a higher court or other body for review of a decision taken by a lower court or tribunal. The higher court may overturn or uphold i.e. reject the lower courts decision. Often, permission leave is required, to for an appeal to occur. AppellantA person appealing to a higher court or body against a decision made in a lower court or body ApplicantA person who makes an application, for example where a party applies to the court to have a possession order set aside. Applying for a bailiffIf you have obtained a possession order and the tenant iled to vacate by the date specified on that order, then you must make an application for the County Court bailiffs to evict your tenant. ApportionmentThe way that the costs of a service are shared Appraisement or appraisalValuation of goods seized under warrant of execution prior to sale ArbitrationA method of settling disputes adjudication of the arguments between parties ArbitrationA process in which both sides agree to use an independent arbitrator an impartial person who gives a binding decision in the matter. The person the claim claimant has to choose between going to arbitration and court it is not usually possible to take a claim to court after it has been through arbitration ArbitratorA process in which both sides agree to use an independent arbitrator an impartial person who gives a binding decision in the matter. The person the claim claimant has to choose between going to arbitration and court it is not usually possible to take a claim to court after it has been through arbitration ArchitectA person who designs or plans buildings and extensions ARLSAssociation of Residential Letting Agents, ARLA, is a professional trade body concerned with the selfregulation of letting agents Arrangement FeesFees that some lenders charge for arranging a mortgage or other loan. Some lenders will refund the fee when the loan or mortgage is agreed. ArrearsIf someone is in arrears it means they have llen behind with rent payments If this happens, the landlord must act promptly and comply with a strict legal process Arrears Of RentIf someone is in arrears it means they have llen behind with rent payments If this happens, the landlord must act promptly and comply with a strict legal process Asbestos The landlord has responsibility for asbestos It is clear that the landlord or management company is responsible for all asbestos exposures in the buildings public/common areas AscentA formal document required to transfer ownership of property to a person entitled to the property following the death of the owner Asking PricePrice a seller hopes to achieve Asset ClassesThe underlying investments shares, bonds, property and cash deposits AssigneeA party to whom a lease has been assigned see entry on assignment below AssignmentThe transfer of rights held by one party to another party. The OFT are weary of Landlords assigning obligations to the tenant Assisted Party Or Assisted PersonThis term is used to indicate a person who has been granted legal aid, also known as public funding, from the Legal Services Commission. Assisted PersonA party to legal proceedings who is receiving legal aid Assured Shorthold TenancyCommonly known as an AST. Introduced by the Housing Act the landlord has the right to terminate the tenancy by using a section notice. Assured Shorthold Tenancy Section if commencing after // or after // where a valid Section had been issued Assured TenancyA tenancy defined by the Housing Act where the tenant enjoys security of tenure. unless the landlord can convince the court there are good reasons to evict you such as rent arrears, damage etc mainly used by housing associations providing strong security of tenure to tenants. AST AST Stands for Assured Shorthold tenancy. Introduced by the Housing Act the landlord has the right to terminate the tenancy by using a section notice. Asylum SeekersA person who is seeking refugee status and claims that it would be contrary to the UKs obligations under the Geneva Convention to remove her/him from. ATED
Immigration Act revised should a landlord or letting agent il to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement restriction on illegal migrants to work.A labour market enforcement undertaking an LME undertaking is an undertaking by the person giving it the subject to comply with any prohibitions, restrictions and requirements set out in the undertaking
EquityThe difference between the price of a property sold and the loan on it ESTThe Energy Saving Trust offers advice and support on reducing energy demand in housing stock and lowering fuel bills. EstateThe rights and assets of a person in property Estate AgentsPeople who buy and sell properties on your behalf in exchange for a fee They must comply with the Estate agents act Estimated Rental Values ERVAn estimate of the rental a property is likely to command in the open market at a given time EvictExpel someone from a property, esp. with the support of the law Eviction Notices There are two lawful notices to end a tenancy being a Section and a Section Notice EvidenceDocumentary or other material which is used to support a persons case in a court of law Evidence In ChiefThe evidence given by a witness for the party who called him. Exchange Of ContractsThe point at the buyer and seller become legally bound by the terms of the contract ExecutorA person or persons specified to carry out the provisions of a will Exemplary DamagesDamages which go beyond compensating for actual loss and are awarded to show the courts disapproval of the defendants behaviour. ExemptTo be freed from liability or allegiance Exit FeeExit fees when you pay off your mortgage or other form of financing ExLocal AuthorityRefers to a property was formerly owned by the council Expedition FeeAn additional fee can be paid to the land registry to speed up registration Expert WitnessPerson employed to give evidence on a subject in which they are qualified or have expertise Expiry Date Of Section There are three dates to consider on the notice, service, issue and expiry Fair RentRent determined by the Rent officer from the Rent Service [rent act ] FiatA decree or command Filed PlanPlan prepared and held by the Land Registry identifying the extent of the property FilingThe process of delivering or presenting forms and other documents to a court. For example a claim or a defence to a claim must be filed Financial Services AuthorityThe Financial Services Authority has statutory responsibility for regulating the financial services sector does not currently regulate buy to let mortgages Fire Safety Duty of care to tenants and compliance with insurance requirements a consideration Fixed CostsCosts in civil cases that are set at a certain level and can be claimed in specific circumstances. For example, if a defendant does not acknowledge a claim, the claimant can obtain judgment and an order for fixed costs to offset the cost of beginning the claim Fixed Interest RateWhere the rate of interest payable on a loan is fixed at a certain rate for a given period of time Fixed Rate MortgageA mortgage interest rate where the mortgagee agrees to charge a fixed rate of interest over a given period whether or not the variable rate changes Fixtures And FittingsAll nonstructural items included in the purchase of a property Fixtures And Fittings FormA form annexed to the Contract listing the items included in the sale FlatGenerally refers to a property occupying only part of a building, known as an apartment in the US Blocks of flats can be purpose built or in converted houses Flying FreeholdThis arises when part of one property is built on top of part of another property and so the upper property owner does not own the building or land underneath the flying part Fractional LettingUsually used to describe ongoing lettings dont cover the whole week The most common example is MondayFriday lets where the tenant is elsewhere for weekends Freeholdthe land on the property is built is part of the sale and no ground rent or service charge is payable FRI LeaseAn FRI lease requires the tenant to pay all running costs, e.g. maintenance, rates and insurance FSAThe Financial Services Authority has statutory responsibility for regulating the financial services sector does not currently regulate buy to let mortgages Full Repairing And Insuring LeaseAn FRI lease requires the tenant to pay all running costs, e.g. maintenance, rates and insurance Full Structural SurveyA detailed examination of the structure of the property undertaken by a qualified surveyor Furnished Accommodation From st January , all upholstered furniture provided in privately rented accommodation was required to comply with the fire an flame Furniture And Furnishings The Furniture and Furnishings FireSafety Regulations apply to domestic items Further AdvanceAn additional amount lent to the mortgagor under the terms of the original mortgage Garden FlatLiterally a flat with a garden GarnisheeA summons issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant Gas Safety You or your agent cannot contract out of your obligations under the Regulations and you should be aware that a breach of the Regulations is a criminal offence enforced by Health Safety Executive and may result in a custodial sentence being issued GearingThe use of borrowing potentially to increase the amount you get back, but will also increase the risk General Conditions Of SaleGeneral Conditions covering all properties for sale General Product Safety The General Product Safety Regulations provide that anything supplied to a consumer in the course of commercial activities must be safe GeorgianProperty built between approximately Good Repairrented properties are required to be maintained in good repair and fit for human habitation See HSSRS standards additional rules apply to HMO GovernanceHow organisations are run and managed Granny FlatSmaller selfcontained flat at the back or on an upper floor of the main property Usually with its own front door Granting A Tenancy A Tenancy is granted upon the giving of the keys not the signing of the agreement. Such agreement should always contain a subject to availability clause like ours Greenfield SiteAn area not previously used for built development Gross IncomeYour total income before tax and expenditures Gross YieldAnnual rental income , ided by purchase price Ground RentThe rent charged by the landlord/council to the leaseholder Grounds For PossessionApplicable to section standard possession procedure see Grounds under section Group Litigation OrdersA Group Litigation Order can be made in a claim in which there are multiple parties or claimants. The order will provide for the case management of claims which give rise to common or related issues of ct or law GuaranteeA legally binding promise given by someone payment if somebody else ils to do so Guaranteed Rental IncomeThere is an amount of income that is guaranteed per year Make sure you enquire who is guaranteeing the rental income, for how long and if there a contract in place GuarantorThe person who provides a guarantee and promises to make payment good should the person responsible for the agreement il Habile RoomA bedroom, living room or other reception room, not a kitchen, bathroom or WC Harassment It is a criminal offence under the Protection from Eviction Act for any person to harass a residential occupier Head LesseeWhere a subtenancy or series of sub tenancies exists, the highest leaseholder in the chain who pays head rent to the freeholder Head Tenant The head tenant must have the landlords permission to sublet. Headline RentThe rent apparently being paid, may not take account of concessions such as rentfree periods HearingA hearing is the trial of the case. Hearings are usually held in public HHSRSThe Housing Health and Safety Rating System HHSRS is the method used by local authorities to assess housing conditions HIAAn agency that provides help and advice to ensure that vulnerable people can maintain the bric of their homes for the foreseeable future and remain independent High CourtThe High Court deals at first instance with all high value and high importance cases, and also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions. High Court Enforcement OfficersAn enforcement officer appointed by the Lord Chancellor to enforce High Court judgments and orders HIPFrom August it will be compulsory to produce an information pack about your property before putting it on the market HMOHouse in Multiple Occupation Refers to certain s of accommodation shared by several people See HMOs under letting HMO Licensing A property licence is required by the Landlord or Agent where the property or any part of it comprises three storeys or or more persons HMO Manager The person responsible for in the main day to day operational and compliance issues in shared houses that are licensable Home Condition ReportPart of the HIP that contains essential information about the property Home CourtThe court nearest to the defendants home or place of business Home Improvement AgencyAn agency that provides help and advice to ensure that vulnerable people can maintain the bric of their homes for the foreseeable future and remain independent Home Information PackFrom August it will be compulsory to produce an information pack about your property before putting it on the market Homebuyer SurveyA standard report that evaluates any urgent repairs HouseboatA floating house generally, but not always, converted from a boat Housing ActHousing Act is a wide ranging piece of government legislation that covers many aspects of buying selling renting and letting property housing Act Section This was the initial legislation pertaining to a Notice to terminate an AST amended in with additional compliance procedure introduced in Housing Act ICE Independent case examiner IFAIndependent Financial Advisor IHTInheritance tax Immigration Act
The Agent may be appointed onTenant findrent collectionorfull service. Services they provide include
Section Notices Should the Landlord change their address issue a Section Notice Your tenancy agreement MUST include contact details of an address in England or Wales where the tenant may contact you Section Notices A Section Housing Act Notice is ult based notice i.e. the tenant has done something wrong Security Of TenureA period in which something is held selling PricePrice actually achieved, can be lower or higher than the asking price Semi DetachedRefers to a house with only one party wall Service ChargeThe amount a tenant pays for services his landlord provides Service Of Documents The way in which a required document has been legally served on a tenant serving dateThis date is the date deemed received at the property as an example if posted allow for posting days/servingnoticeonatenantdeliverydays/ Set AsideCancelling a judgment or order or a step taken by a party in the proceedings. SettlementA voluntarily agreement by the claimant and defendant to settle their civil case. Several LiabilityA person who is severally liable with others may remain liable for the whole claim even where judgment has been obtained against the others. SharersA term usually applied to those living in shared accommodation together SheriffAn officer of the Crown whose duties, amongst other things, consist of the enforcement of High Court writs of execution Side AgreementTerms agreed separately by landlord and tenant, or by buyer and seller, do not form part of the lease or contract of sale SignorOne who assigns a lease SILKQueens Counsel, a senior barrister sometimes referred to as a leader or leading counsel Sitting TenantThis is someone who has a legal right to occupy a property, even if that property changes ownership They are entitled to apply to the local authority to set a ir rent Skeleton ArgumentA written summary of the main points of a case to be heard by an appeal court. SlanderSpoken words which have a damaging effect on a persons reputation Slush FundAn amount kept in reserve to guard against possible losses Small Claims TrackThe path that defended claims of no more than , and personal injury and housing disrepair claims of no more than , are allocated to Smoking In Rented Premises In common areas of shared accommodation, such as staircases, bathrooms, kitchens, toilets, etc, where cleaners are employed or there is public access, smoking is not allowed and signage should be ed to this effect SolicitorMember of the legal profession chiefly concerned with advising clients and preparing their cases and representing them in some Courts. May also act as advocates before certain Courts or tribunals Specified Amounts Of MoneyA specific and easily calculable amount of money, such as a debt owed to a claimant Specified ClaimA of claim which is issued for a fixed amount of money allegedly owing. Previously known as a liquidated claim SquatterA person occupying land or property without the owners consent SquattingThe occupation of land or property without the owners consent Standard Possession ProcedureWith Assured Shorthold and Assured Shorthold Tenancies AST, the Landlord can apply for possession, after the expiry of a Section Notice. Such Notice must be served upon the tenant and include a legal description of the breach they have committed Standing OrderStanding Order is an instruction a bank account holder gives to his bank to pay a set amount at regular intervals to another account. They are typically used to pay rent, mortgage or other fixed regular payments. StatementA written account by a witness of the cts of details of a matter Statement Of CaseThe statement of case contains the outline of the claimants case and includes i a claim form, ii the particulars of claim where these are not included in the claim form; the defence and iv a reply to the defence v any counterclaim Statement Of TruthEvery statement of case must be verified by a statement of truth, signed by the parties involved. A statement of truth is a statement that says that a party believes the cts they have written down are true Statutory InstrumentA document issued by the delegated authority usually a Government Minister or committee named within an act of parliament which affects the workings of the original Act, e.g. The County Courts Act confers authority on to the County Court Rule Committee to make rules relating to the operation of the County Courts act Stay Of ExecutionAn order following which judgment cannot be enforced without leave of the court Strike OutStriking out means the court ordering written material to be deleted so that it may no longer be relied upon. Striking A Case OutThe court can strike out a case prevent all further proceedings if a party ils to comply with a rule, practice direction or court order. It can also happen if it appears there are no reasonable grounds for bringing or defending a claim. Either party the defendant or the claimant can ask the court to strike a case out StudioGenerally a single room for cooking, living and sleeping with its own bathroom Subject To ContractA negotiated sale that is not binding contracts have not been exchanged and there is not yet a legally binding obligation on either party SublettingWhere the tenant lets part or all of the premises to a subtenant this can be problematic for landlords see tenancy agreements SubpoenaA summons issued to a person directing their attendance in Court to give evidence Succession Rights If a tenant dies and the tenancy is a joint tenancy, the remaining joint tenant or tenants have an automatic right to stay on in the propert Summary AssessmentWhen a court makes a cost order it may make a summary assessment of costs immediately after it has made the order. The court will usually make a summary assessment Summary JudgmentA judgment obtained by a claimant where there is no defence to the case or the defence contains no valid grounds. A summary judgment can be obtained without a trial or hearing. A defendant can also obtain summary judgment if he or she can eslish that the claimant has no real prospect of succeeding on the claim. You have to apply to the court for a summary judgement hearing to take place Summary ProcedureA procedure by which the court when an order about costs, orders payment of a sum of money instead of fixed costs or detailed assessment SummingupA review of the evidence and directions as to the law by a judge immediately before a jury retires to consider its verdict SummonsOrder to appear or to produce evidence to a court Supreme Court Of JudicatureCollective name encompassing High Court of Justice, Crown Court and Court of Appeal SuretyA persons undertaking to be liable for anothers deult or nonattendance at Court SurveyA report on the condition of a property SurveyorProfessionallyqualified expert who carries out a survey Suspended SentenceA custodial sentence which will not take effect unless there is a subsequent offence within a specified period Tax Yearth April one year till th April the following year Tenancy ApplicationThe objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on cts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants Tenancy At WillThe occupancy of property by a tenant for an unspecified period The tenancy can be terminated by either the landlord or tenant at any time Tenant DeultThe act of breaching the terms of the Tenancy agreement such as non paymnet of rent, damage, nuisance etc TenureThe of ownership of property either freehold or leasehold TerminationThe coming or bringing to an end of a tenancy/lease, by mutual agreement see ending a tenancy in letting Terrace PropertyOne of a row of houses separated only by shared iding side walls The Housing Health and Safety Rating System The Housing Health and Safety Rating System HHSRS is the method used by local authorities to assess housing conditions Third PartyPerson who is not party to a legal case, but may be relevant because he or she owes the defendant money. In that case the defendant can issue a third party notice against such a party Third Party Debt OrderAn order issued by a Claimant, against a third party, to seize money or other assets in their keeping, but belonging to the debtor. Orders can be granted preventing a defendant from withdrawing money from their bank or building society account. The money is paid to the claimant from the account. A third party debt order can also be sent to anyone who owes the defendant money Tin SearchA search to eslish whether the property may be affected by tin mining activity may result in subsidence Title DeedThese are the legal documents prove the ownership of the property and set out details of anything affecting the property such as rights of way and boundaries TortAn action in tort is a claim for damages to compensate the claimant for harm suffered. Such claims arise from cases of personal injury, breach of contract and damage to personal reputation. As well as damages, remedies include an injunction to prevent harm occurring again TownhouseRefers to a of house often with or more floors Tracker Rate MortgageA Tracker Mortgage is a variable rate mortgage where the interest rate is linked directly to the Bank of England Base Rate Transfer DeedThe deeds that transfer the property into your name when you purchase a property They are issued by the Land Registry Transfer DocumentThe final document transferring the property from the vendor to the buyer Transfer Of EquityA document transferring ownership of a share or interest in a property from one person to another Tree Preservation OrderAn order made by the local authority designating a tree or group of trees as protected and requiring the local authoritys permission to lop or fell them TrialA public hearing in which the evidence in a case, and the law which applies, are examined Trial ContentsThe contents of the trial include any written statements and documents in trial bundles Trial WindowA period of time within which the case must be listed for trial TribunalA tribunal is a body outside of the court structure. They hear disputes relating to specific areas such as immigration, employment and some tax matters and adjudicate on them. Tribunals are thought to be cheap and st and allow expert knowledge to be applied TrustProperty legally entrusted to a person with instructions to use it for another person or persons benefit TrusteeA person who holds or administers property in a trust for another or others Types Of Tenancies Different tenancies are governed by different rules including the service of notices and termination UndertakingA promise, which can be enforced by law, made by a party person or their legal representative during legal proceedings Unregistered TitleWhere the property is not registered at the Land Registry and ownership much be proved by Title Deeds must date back at least years Unspecified Amount Of MoneyAn unspecified amount of money is one which is not precise. For example, if you are claiming damages compensation for loss or injury, you might not be able to work out exactly what those damages are Unspecified ClaimA claim where the amount to be awarded is left to the Court to determine, e.g. damages to be assessed for personal injuries. Previously known as an unliquidated claim Urban FringePredominantly open land on the edge of an existing urban area Urban RegenerationThe reuse or redevelopment of decaying or rundown parts of older urban areas to bring them new life and economic vitality Vacant PossessionThe previous occupants must vacate the property before you move in this includes any tenants ValuationA basic survey of a property to estimate its value for mortgage purposes Mortgage lenders will insist on this before lending Valuation ReportThe written report provided following a valuation being carried out by a valuer It is a brief report for mortgage purposes only and is not a detailed survey report Variable RateA mortgage interest rate is variable and is set by each inidual mortgagee Varied OrderIf a defendant has been ordered to pay an amount in full or by instalments, which they cannot afford, they can ask the court to vary the order to allow payment by instalments or by reduced instalments VendorYou will come across this term in legal documents; its just another word for the seller of a property VerdictThe finding of guilty or not guilty by a jury Vexatious LitigantA person who regularly brings court cases which have little chance of succeeding. The Attorney General can apply to the High Court for an order to prevent such as person form starting legal proceedings without permission. Vice ChancellorSenior judge and head of the Chancery Division of the High Court of Justice although the Lord Chancellor is the nominal head Void PeriodsPeriods between tenants when a rental property is generating no rental income but the landlord still has to cover overhead costs, such as mortgage repayments VoluntarySomething is voluntary when it is entered into without compulsion, as a result of the free choice of the persons concerned Walking PossessionA signed agreement by a debtor not to remove goods levied by a bailiff under the authority of a warrant of execution and to allow the bailiff access at any time to inspect the goods, in consideration of which the bailiff leaves the goods in the possession of the debtor Warrant Of ExecutionA method of enforcing a judgment, The bailiff is authorised to remove goods belonging to a defendant from their home or business for sale at public auction. Warrant Of PossessionThis gives court bailiffs the authority to take possession of a property and evict the defendant in cases, where an order for possession has been granted by a court. Warrant Of RestitutionA remedy available following illegal reentry of premises by persons evicted under a warrant of possession. The bailiff is authorised to evict all occupants found on the premises and redeliver the premises to the plaintiff Water Authority SearchA fee charged by a solicitor as part of his conveyancing work for checking the infrastructure of the local water system and sewerage Winding UpThe voluntary or compulsory closure of a company and the subsequent realisation of assets and payment to creditors Without PrejudiceNegotiations with a view to a settlement are usually conducted without prejudice, which means that the circumstances in which the content of those negotiations may be revealed to the court are very restricted. Witness SummonsA document issued by a court which requires a person to give evidence in court or to produce a report or other documentation for the court Written EvidenceA written statement of relevant cts which is submitted to the court. Written StatementA written statement of relevant cts which is submitted to the court. YieldThe annual idend relative to the value of the security on it is received expressed as the percentage the income per share bears relative to the share price
, landlords must not continue letting a rental property which is already let if that property has an
There should be a schedule of costs including definition of the maximum authority the Agent has to authorise workswho is responsible for what, what are the costs and who performs what duties read more.
Under section of the County Courts Act it is possible for the Court to transfer a matterfrom the County Court to the High Court for enforcement but leave permission of the Courtis required first. The transfer time varies from court to court and can take up to days, butnormally takes r less.An application to seek permission can be made either at the time of the possessionclaim or after possession has been ordered.
, otherwise your application will be dismissed. BACSBanks Automated Clearance System, a method by money can be transferred Transfers by this method usually take up to days to reach the intended account BailiffBailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people. Bank ReferenceA bank will never be derogatory about the person they are referring to so references will often be coded in this way and require a lot of reading between the lines. Bankers DraftCheque issued by a Bank or Building Society guaranteed to be paid BankruptInsolvent unable to pay creditors and having all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors; as a result of an order under the Insolvency Act Base RateThe prevailing rate of interest set by the Bank of England most lenders use as a base for calculating interest from BedsitSingle room accommodation serves as a bedroom and living space in one Generally sharing a bathroom and/or kitchen with others Abbreviation of bed sitting room Bench WarrantA warrant issued by the judge for an absent defendant to be arrested and brought before a Court BettermentThe amount by the value of land is increased by development or by the grant of planning permission, or because of the development of neighbouring land into new properties Break ClauseThe point at a contract can be terminated by the tenant or the Landlord must be a ir term Bridging Financea short term loan secured on the value of the property and or land Brine SearchA search to eslish if a property might be affected as a result of disused workings near the property Broker FeeA fee charged by a broker or other intermediary for advising / negotiating a loan Brown Field SiteLand has been previously developed, excluding mineral workings or other temporary uses. New houses and flats are often built on such sites Building LeaseA longterm lease, imposing an obligation on the lessee to erect one or more buildings on the leased land, will become the property of the landlord after the lease expires Building Regs Part PSince st January , the design, installation, inspection and testing of electrical installations in dwellings will be controlled under the Building Regulations. Building Regulation ConsentApproval by the local authority on the design and materials used in building work Building SurveyThis is sometimes called a full structural survey It is a thorough inspection of a property carried out by a chartered surveyor Buildings And Contents InsuranceBuildings and contents insurance can often be purchased together protecting both the building structure and your belongings and possessions inside Buildings InsuranceA policy pays the cost of rebuilding or repairing your house if it is damaged or destroyed Buildings SurveyAlso called a structural survey, this provides a detailed report on the propertys construction Built EnvironmentA part of the environment consisting of buildings and structures BungalowA single storey house Buy To LetThe term used to describe buying a property with the specific intention of renting it out rather than living in it Buy To Let MortgageA loan taken out to buy a property as an investment, for the sole purpose of renting the property out The rental income received from the tenant is used to repay the mortgage Buy To ShareDescribes the increasing trend of buying a property with the intention of renting out one or more rooms to help pay the mortgage Some lenders offer specialist mortgages for this CABA charity which can offer free legal and financial advice to the general public. Capital And Interest MortgageAlso known as a repayment mortgage Your monthly payments gradually pay off the money capital youve borrowed, and also cover interest on the amount outstanding Capital AppreciationGrowth or gain in the value of a property or asset over time Added to income This contributes to the overall or total return on a buy to let property or financial investment Capital Gainscapital gain is a profit that results from investments into a capital asset, such as stocks , bonds or real estate , which exceeds the purchase price. CapitalisationThe value of an asset assessed in relation to the expected future income rental stream Capped RateA mortgage interest rate is a variable rate but capped at a maximum upper limit usually for a limited period Case Management ConferenceThis is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case Case NumberA unique reference number allocated to each case by the issuing Court Cash BackA sum of money usually paid by cheque by the lender on completion of a mortgage CaveatA notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat Caveat EmptorLet the buyer beware, the onus is upon the buyer to discover, not on the seller to disclose JJudgement for debt recorded at a County Court will show up when a credit check is undertaken County court judgement They are recorded on the Register of County Court Judgments for six years and can affect a defendants ability to borrow money Certificate Of ServiceA document stating the date and manner in which the parties were served given a document. A landlord or their representative uses this form to provide the courts a statement of truth as to delivery of notices Certificate Of Service A landlord or their representative uses this form to provide the courts a statement of truth as to delivery of notices Certificate Of Service NA landlord or their representative uses this form to provide the courts a statement of truth as to delivery of notices Certificate Of TitleA certificate given to the Society by your legal representative confirms the title to your property is good and markele ChambersPrivate room or Court from which the public are excluded in which a Judge may holding Landlord hearings for possession claims Chancery DivisionThe Chancery Division is part of the High Court It deals with cases involving land law, trusts and company law. Change Of Landlord AddressA Section Notice MUST be served on the tenant Change Of UseMore correctly referred to as a material change of use A change in the use of land or buildings that is of significance for planning purposes, often requiring planning permission Character Reference LandlordDuty of care by the letting agent Charge CertificateDocument of Title issued by the Land Registry subject to a Mortgage Charging OrderA court order directing that a charge be put on the judgment debtors property, such as a house or piece of land to secure payment of money due. This prevents the debtor from selling the property or land without paying what is owed to the claimant Chief RentA payment made on freehold land to the original freeholder for an infinite period Distinct from ground rent has a finite period Circuit JudgeA judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court Citizens Advice BureauA charity which can offer free legal and financial advice to the general public. CivilMatters concerning private rights and not offences against the state Civil DefendantThe person who has a claim made against them. They can defend dispute the claim or admit liability, in part or in full Civil Justice ReformsThe result of the Access to Justice report by Lord Woolf The aim is to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management The reforms came into effect on April Civil ProcedureThe rules and procedures to be followed for civil cases in the county courts and High Court Civil Procedure RulesThe rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts. Civil TrialCivil trials are generally held before one or more judges without a jury. The form and length of a civil trial will depend on the track to which the case has been allocated Claim FormProceedings in a civil court start with the issuing of a claim form. The form, which is issued by the court after the claimant has filed the form in court, includes a summary of the nature of the claim and the remedy compensation or amends sought ClaimantThe person issuing the claim. Previously known as the Plaintiff Cleared FundsIrrespective of the ct a cheque bounces one the tenant has possession they have security of tenure CMCThis is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case CMLCouncil of Mortgage Lenders they are not regulated by the government CoBuyingBuying with another person who isnt your partner Commissioner Of OathsSolicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence Common Holdcommon hold, this means that you can buy the freehold of a flat and own common parts of the building jointly with the owners of other flats in the building Common LawThe law eslished, by precedent, from judicial decisions and eslished within a community Common Law TenancyCreated by granting a tenancy For a rent less than or more than per annum, To a company as opposed to an inidual Company LetWhere the obligations of the tenancy agreement ll up on a company not an inidual CompensationLandlord Tenant cases will have a value of than , but less than , In addition tenants may sue for Cases with a Personal Injury Element . Above K becomes a multi track case Completion DateA date fixed in the Contract when all monies are paid over and the keys are released and the sale or purchase is finalised Completion StatementA written calculation of all the receipts and payments due in respect of the transaction Compliance And EnforcementUnder statute councils must enforce housing acts Compulsory Purchase OrderLocal authorities and government agencies in England have powers under acts of parliament, to buy land that is not necessarily for sale by the owner Conditions Of SalePart of the contract of sale drawn up during conveyance Confidentiality ClauseAn agreement between the parties to a lease or sale that some or all of the terms will remain confidential Consecutive SentenceAn order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences Conservation AreaAn area given statutory protection under the Planning Acts, in order to preserve and enhance its character and townscape Contaminated LandLand affected by contamination could arise from a past use of a property e.g. oil refinery or by things stored on the property in the past e.g. petrol station Contempt of CourtDisobedience or wilful disregard to the judicial process. Contents InsuranceInsurance to cover loss or damage to your possessions in the home ContingencyAn amount kept in reserve to guard against possible losses ContractThe document setting out the parties, the properties and any special terms and conditions relating to a transaction ContributionA right of someone to recover from a third person all or part of the amount which is due/liable to pay. ConversionRefers to a house has been ided to make or more flats ConveyanceThe legal document transferring ownership from seller to buyer ConveyancerPerson who carries out the legal and administrative process involved in transferring the ownership of loan or any building from one owner to another ConveyancingThe legal work needed to buy and sell properties CoRespondentA person named as an adulterer or third person in a petition for orce CORGIHas now been replaced by the gas safe register CorroborationEvidence by one person confirming that of another or supporting evidence, for example forensic evidence bloodstain, fibres etc in murder cases Costs civilIn civil proceedings the general rule is the person who wins the case is entitled to his or her costs. The court may decide to reduce the costs to be paid by the losing side if it feels that the winner has behaved unreasonably. The award of costs is at the courts discretion CottageGenerally refers to smaller rural properties Council Tax Where a property is dub ided or let on multiple AST then the landlord may be liable for council tax CounselA Barrister or solicitor in legal proceedings CountAn inidual offence set out in an indictment CounterclaimA claim made by a defendant against a claimant in an action County CourtCounty courts deal with civil matters such as disputes over contracts, unpaid debts and negligence claims. County courts deal with all monetary claims up to ,. There are county courts in England and Wales. The county court is a court of the first instance where civil cases start Court Application Acceleratedsee Accelerated Possession Court FeesThe County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the defendant ignores the judgment of the court. You will also be charged if you make applications to the court Court Hearingfor a Section Application or a Section Application Court Of AppealThe Court of Appeal is the highest court within the Senior Courts, which also includes the High Court and Crown Court. CourtroomThe room in which cases are heard CovenantLegal obligations incorporated in the Title requiring either the seller or the buyer to do or not to do something in relation to the property CPI Consumer Price Index This official measure is calculated each month by taking a sample of goods and services that a typical household might buy including food heating household goods travel costs CPI vs. RPIThe RPI is similar in nature to the CPI, but differs in the of goods covered and how it is calculated. The RPI includes mortgage interest payments and housing depreciation, while the CPI does not. CreditorA person to whom money is owed by a debtor CriminalPerson who has been found guilty of a criminal offence Criminal DefendantPerson standing trial or appearing for sentence CrossExaminationThe questioning of a witness for the other side in a case. DamagesA sum of money awarded / claimed as compensation by the claimant. Damages To The Property The tenant should be notified given an opportunity to propose remedy the a section Notice should be issued Date Of ServiceThe date of service of the claim is the date upon which the defendant receives the claim form issued by the court on behalf of the claimant. If the particulars of claim section is completed or the particulars of claim are attached, the defendant must acknowledge receipt within days DebtorA person who owes money to someone or to an organisation Decent Homes Standards By , of all social housing in the UK will need to be of a minimum standard. A measure of general housing conditions introduced by the Government in Declaration Of TrustA document binding joint owners of property governing the ision of proceeds of sale upon completion DeedA legal document which sets out the terms of an agreement, which is signed by both parties Deed Of CovenantA legal document setting out an undertaking, agreement, restriction or permission Deed Of GiftA document transferring the ownership of property from one person to another without any payment being made for it Deed Of GuaranteeA document used where one person agrees to be responsible for someone elses debt or mortgage obligations if that person ils to carry out their own obligations Deed Of PostponementWhere a mortgagee agrees to their mortgage ranking after another lenders mortgage Deed Of PriorityWhere a mortgagee agrees to their mortgage ranking after another lenders mortgage Deed Of VariationA legal document altering the terms of a lease Deeds Administration FeeAn administration charge made by lenders for dealing with queries involving the deeds of a property Deult JudgmentMay be obtained without a hearing by the claimant if the defendant ils to reply or pay within a day period after service of the claim. A claimant can apply for a deult judgment if the amount claimed is specified or for a judgment on liability if the amount claimed is unspecified. Defective PremisesSection of the Defective Premises Act places a duty of care on the landlord in relation to any person who might be affected by a defect Defence Of Tender Before ClaimA defence that, before the claimant started proceedings, the defendant unconditionally offered to the claimant the amount due or, if no specified amount is claimed, an amount sufficient to satisfy the claim. Defence Or Defending A ClaimWhen the defendant disputes the claim made by the claimant Demised PremisesPremises are the subject of a lease Demoted TenancyA demoted tenancy is a form of tenancy typically granted by Councils, Housing Associations, ALMOs and is NOT applicable to private Landlords. [in completion of court form NB] DeponentPerson giving evidence by affidavit DepositIt means any money intended to be held by the Landlord or otherwise as security for the performance of any obligations of the Tenant or the discharge of any liability of his arising under or in connection with the Tenancy. So a requirement You the Tenant must pay me in advance the last months rent can be argued a performance obligation see Section Clauses a b Localism Bill Deposits Update // Deposit DisputesWhere a Landlord and tenant cannot agree the independent ADR service which is free adjudicates on disputes about tenancy deposits at the end of a tenancy. Deposit Paid By Council The council must be provided with prescribed information pertaining to the deposit Deposit ReturnAny undisputed portion of the deposit MUST be returned to the tenant within days of checkout/exit Deposit Tenancy Legislation If you take deposit/renew AST after th April the deposit legislation of Housing Act applies DepositionA statement of evidence written down and sworn on oath, or by affirmation Derogation From GrantAn obligation on the landlord not to take away with one hand that he has given with another e.g. storing explosives next to the tenants premises! Designated Civil JudgeA Judge designated to deal with the Civil Justice Reforms for a group of courts Detached HouseRefers to a house is completely separate from its neighbours developersDesigners and builders of new homes development controlThe process whereby a local planning authority decides whether a planning application meets the requirements of planning policy, particularly as set out in development plans DeviPerson to whom freehold land is given by a will dilapidationsAny disrepair or damage to a rented property Directions civilcase management instructions given by the judge which give a timele for pretrial procedures. In cases allocated to the small claims track the judge will usually give standard directions, in cases allocate to the multitrack, there may be several hearings on directions disbursementsFees paid out by your legal adviser to other parties such as Stamp duty, Land Registry and Local Authorities discharge feea charge imposed by some lenders for releasing their hold over a property DisclosureParties to a civil case must disclose show to the other party documents they intend to rely on in court to support their case Discount RateA mortgage interest rate typically discounted for a fixed period Discrimination Sex Discrimination Act , Race Relations Act , Disability Discrimination Act Discuss Intent Before acting it is always good practice to determine everyones intention with regard to the tenancy DismissalTo make order or decision that a claim be ceased DisputeA civil problem not dealt with in court, a civil dispute which comes to court is called a civil case; challenging the views of the opposing party in a civil case Distress For RentA remedy enabling landlords to recover rent arrears by the seizure and sale of goods within the deulting tenants property District JudgeA judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction Previously known as Registrars DiversificationSpreading your investments across different asset classes, or s of investments within an asset class DSLThe Department for Communities and Local Government Early Repayment ChargeUsually incurred where a product has been taken out over a specified period and the mortgage or part of the mortgage is repaid before the end of the period EasementA right given to the owner of one property over an adjoining property, such as a right of way This should be carefully considered by your solicitor during the purchase of a property EEPHThe Energy Efficiency Partnership for Homes is a network of over organisations from the public, private and voluntary sectors. Electrical Safety Landlord and Tenant Act , Consumer Protection Act , Electrical Equipment Safety Regulations and Building Regulations Electrics Building Regs Part P Applies to houses and flats and includes gardens and outbuildings such as sheds, garages and greenhouses Emergency AccessCan be obtained where a genuine cause of concern for safety EncroachmentAn object such as a fence belongs to one property extends onto another Energy Performance Certificates From the st October Landlords are legally required to show prospective tenants an EPC Fine for non compliance EnforcementMethod of pursuing a civil action after judgment has been made in vour of a party. Process carried out by Magistrates Court to collect fines and other monetary orders made in the Crown Court Enforcing A JudgmentWhen a judgment/order has not been paid or terms obeyed with, enforcement proceedings can be issued to ensure compliance. A court can order such action as the seizure of a defendants property for sale EnfranchisementLegal right to buy the landlords/councils interest in the property, usually a right to buy the freehold EngrossmentThe final copy of the Conveyance or Deed you will be asked to sign Entry Of JudgmentDecision of the Court in vour of one or other of the parties Environmental SearchA search against a property to check whether there is any record kept to suggest that the property may be affected by contamination EPC
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