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>>> Press Releases

A HIPs for All in Three Weeks
A New Firm was Formed (April 2007)
Mental Capacity Act (April 2007)
A New Solicitor at BS&I (April 2007)
Home Information Packs Launch Looms (April 2007)
Watch Out for the Big lad! (April 2007)
Online Team Expansion At BS&I (October 2006)
Specialism Recognised (July 2006)
Barker Son & Isherwood Awarded Respected Law Society Quality Mark (June 2006)
Further Expansion of Online Property Department (April 2006)
Home Information Packs - The latest (April 2006)

HIPs for All in Three Weeks

Housing Minister Yvette Cooper has announced that from 14 December 2007 ALL residential properties put on the market in England and Wales will require a Home Information Pack (HIP) and Energy Performance Certificate (EPC). Currently, only three bedroom and larger properties are required to do so, with 40 per cent of properties not currently requiring HIPs.

"We were expecting this but the timing is a bit of a surprise," says Clive Holland, Senior Partner of solicitors Barker Son & Isherwood LLP, "as the market is traditionally rather quiet in the run-up to Christmas and out experience with HIPs so far is that they have not had the impact the Government hoped for. However, but the Government clearly considers that the teething problems with HIPs and EPCs have been overcome and the time is right to widen their scope."

It is claimed that the extension of HIPs to all properties will benefit first time buyers, who don't have to pay for a pack as they have no property to market, and that this will assist them in getting a foot on the housing ladder. It is also claimed that HIPs have led to a reduction in the costs of property searches, with 85 local authorities having reduced their search charges by an average of £30.

The EPC will rate homes on energy efficiency, using a grade from 'A' to 'G' - similar to the current system for rating the energy efficiency of electrical apparatus.

Buyers whose homes score poor energy ratings of F or G (currently around one-fifth of all homes) will receive an offer of a discount or free help with energy efficiency measures from the Green Homes Service, a facility recently launched by the Government to provide a one-stop-shop that people can contact for a home energy audit plus advice on other energy saving measures, thereby helping to save hundreds of pounds off fuel bills.

Because of the difficulties in obtaining copies of some leasehold documentation - a requirement for HIPs where the title to the property is leasehold - the requirement that these must be included for a 1 or 2 bedroom property is being delayed for a further six months.

Says Clive Holland, "There is still a lot to be done before HIPs address the Government's original aims. This includes public awareness and understanding and also issues with some searches. The Government has also announced that in December it will be publishing guidance for local government authorities with a view to speeding up searches."

A New Firm was Formed

A new Firm was formed at the beginning of April when the practice of Barker Son & Isherwood was transferred to Barker Son & Isherwood LLP, a limited liability partnership which has been registered at Companies House. The owners of the LLP, known as the members, are Clive Holland, John Butcher and Richard Gregory all of whom have been partners in the existing firm for many years.

limited liability partnerships are a relatively new form of business vehicle, created by the Government with legal and other professional service firms in mind. They are much more appropriate in their structure to a modern business than partnerships, which we have had to use for our business for a very long time. This move was therefore an important part of the continuing efforts of our business to make itself fit for the purpose of providing an up-to-date standard of service to our clients.

New Senior Partner, Clive Holland, said "I believe that the change will be a very positive move for the business, going forward, and will help in particular in attracting and retaining the best talent in staffing terms".

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Mental Capacity Act

As some of you may know the new Mental Capacity Act was due to come into effect from April 2007.

Unfortunately due to Parliamentary time scales most of the Act has been postponed and will now come into force from October 2007. Some details of
the Act including the new Independent Mental Capacity Act Advocates will start in April, but the parts of the Act that will most affect our clients have been postponed.
Lasting Powers of Attorney, which will take over from Enduring Powers of Attorney, are part of the new Act which has been delayed. Can we just reassure everyone who has made an Enduring Power of Attorney that they will not have to make a new Lasting Power of Attorney unless they want to. The Lasting Power of Attorney is going to be in two parts, one being for Financial matters and the other being for Welfare matters. The financial part will be very similar to the Enduring Power of Attorney you can have now.

One main difference will be that under the current system Enduring Powers of Attorney can be used before they are registered. The Lasting Powers of Attorney will have to be registered before they are used. The idea is to prevent abuse of the Power of Attorney and most of you will have seen on the news items about financial abuse being on the increase.

We are therefore continuing to ask all clients who come in to make a Will whether or not they would like to make an Enduring Power of Attorney, as
the financial aspect of that will not change in October. If you have any further questions about matters then you can always contact John Butcher or Helen Hutt.

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A New Solicitor at BS&I

We are delighted to welcome Helen Hutt to our specialist wills and probate department, where she joins John Butcher in advising clients about Wills, Probate, Trusts, Court of Protection and Elderly Client matters. Helen qualified in 2001 and became a member of the Society of Trust and Estate Practitioners (STEP) in 2004. She is also a member of the law Society's Probate Section.

Helen lives in Basingstoke with her husband and two cats. She is a keen follower of Reading Football Club.

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Home Information Packs Launch Looms

The Government has confirmed that Home Information Packs (HIPs) are to go live on 1 June 2007, following their trial at several locations throughout the country. After that date, anyone who puts a house or flat on the market will have to supply prospective purchasers with a HIP. This includes sales made at auction.

Sellers will be required to assemble, prior to sale, much of the essential information currently obtained by the purchaser after an offer for a property has been
accepted. The vendor will bear the cost of producing the HIP when a property is put on the market.

The Home Information Pack Regulations set out provisions on the 'required' and 'authorised' content of the Pack. Required documents must be included in the pack where appropriate whereas authorised documents may be included at the seller's discretion.

The required documents are (but see below for transitional provisions):

• an index listing the contents of the pack;
  
• an Energy Performance Certificate (EPC);
• a sale statement - which will indicate whether the sale is freehold, leasehold or commonhold and any covenants or restrictions which apply;
• evidence of the vendor's title;
• standard searches (i.e. local authority enquiries and a drainage and water search);
• where appropriate, commonhold information (including a copy of the commonhold community statement);
• where appropriate, leasehold information (including a copy of the lease, information on service charges and insurance);
• where appropriate, a New Homes Warranty; and
• where appropriate. a report on a home that is not physically complete.

The authorised documents include:

• a Home Condition Report;
• guarantees and warranties; and
• other searches.

Originally, the Home Condition Report, based on a professional survey of the property, was intended to be a required document and the Government is still keen to promote its use, if practical problems can be ironed out, as it believes sellers offering a full Home Condition Report will be more likely to benefit from swifter sales and will suffer fewer transaction failures as a result of problems coming to light later on in the purchase process.

Whether or not everything is in place to allow a smooth introduction of HIPs nationwide remains to be seen. Following the testing in trial areas, the Government has proposed changes in order to reduce the time it takes to complete local searches. Both the quality of the service provided and the amount charged for doing this vary from one area to another. A further proposal is that estate agents must include elements of EPCs with their property particulars for the first time.

In late March, the Government announced further amendments to the HIP rules, the most important of which are as follows:

• for a transitional period, vendors will be able to market their homes with a HIP which includes only the index, EPC, sale statement, evidence of title and evidence that the other required documents have been commissioned. Any omitted documents must be included in the HIP within 28 days;
• the EPC must be the first document in the pack, following the index;
• properties bought 'off plan' will have a sepa rate energy assessment included;
• properties already on the market on 1 June 2007 will not need a HIP unless they are still on the market after 31 December 2007; and
• time-sensitive parts of the HIP will not need to be refreshed where the property is withdrawn from the market and remarketed by the same vendor within one year of the original date on which it was put on the market.

Our residential conveyancing experts can help ensure your property sale or purchase proceeds as smoothly as possible.
For further details of how you will be affected whether you are selling or buying, visit our website: www.bsandi-online.co.uk

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Watch Out for the Big lad!

A recent case will set warning bells ringing for those who manage sports teams involving children and for school sports teachers. It involved a rugby match in which a boy who was well over-age was selected to play for his school's under
15 team. He committed a tackle which resulted in a broken elbow for one of the opposing team's players, who was much smaller and less heavy than he.

The injured boy sued the school. The Junior Rugby Guidelines of the England Rugby Football Schools' Union state that players should not normally be selected to play matches outside their own age grouping. The sports master who had selected the over-age boy was ruled by the Court of Appeal to have erred in doing so as this increased the risks to his opponents. It was therefore considered to be a breach of the master's duty of care to the members of the opposing team. The school which employed the sports master was therefore judged to be vicariously liable for the injury to the boy.

People organising sports teams should ensure that they abide by the rule book of the relevant sports body and take reasonable steps to minimise the risk of injury to participants, Putting an over-age player in the team may increase your chances of winning, but it may also increase your chances of being sued if an injury results.
If you require advice in respect of any sports injury we can help you. Please contact Personal Injury Partner Richard Gregory on 01264325811, or by email richardgregory@accidentshop.com

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Online Team Expansion At BS&I

When Andover solicitors, Barker Son & Isherwood (BS&I) launched their innovative conveyancing service bs&i on line, little did they realise that such would prove its popularity that two years later there would be the necessity to double the size of the original team headed by Conveyancing Partner, Clive Holland.

The newly enlarged team is now made up of Clive Holland, Lynda Tinsley, Stephanie Cox, and Louise Brennan, supported by Sue Tatlock, Sarah Galpin, Diane Callaghan and Hayley Marriner.

BS&I Partner, Clive Holland says, "I am delighted with the success of bs&i on line, which has brought about the expansion of the team responsible for delivering the service. All of our conveyancing clients will in future have access to the benefits of this service. For example, the availability of progress reports via our dedicated web site, prompt response by email, complete guidance and advice from our web site, direct access to the people who are dealing with individual transactions and the chance to join our abortive costs guarantee scheme. We know from experience that our clients find the services offered by bs&i on line of great benefit during the often stressful time of buying and selling property."

Further information can be obtained by visiting www.bsandi-online.co.uk.

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Specialism Recognised

The partners of the Andover Firm Barker Son & Isherwood are delighted that Partner, Richard Gregory, has been successful in his reaccreditation as a member of the Law Society's Personal Injury Panel.

Re-accreditation takes place every five years and is the Law society's way of assuring consumers that members of the Personal injury Panel continue to meet the requirements for membership. This is the third time that Richard has met the accreditation standards, following his admission to the Panel in 1994.

Richard heads the Personal Injury Department of Barker Son & Isherwood practising under the style of the Accident Shop which is situated in Union Street, Andover.

Richard has been a solicitor since 1982 and became a partner in the firm in 1999.

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Barker Son & Isherwood Awarded Respected Law Society Quality Mark

Andover Solicitors, Barker Son & Isherwood, (BS&I), have succeeded in their
annual assessment to be re-awarded the sought after Law Society charter
mark, the Lexcel practice management standard. BS&I continue to be one of
the few Hampshire law firms to hold this important quality standard.

BS&I¹s Quality and Risk Partner, Richard Gregory, says, "We are firmly of the belief that the Lexcel standard is extremely important. It gives clients peace of
mind when choosing a firm of solicitors such as our own, that the wide range
of services that we provide are of a consistently high quality as we have
undergone rigorous testing to meet all the criteria laid down by The Law
Society. As Lexcel contains some elements similar to those in the
Investors in People standard, our staff can rest assured that not only is
our practice managed in an accomplished way, but we acknowledge the vital
part that they play in the firm¹s success and continued growth. As far as
we are concerned to hold the Lexcel standard is an integral part of BS&I¹s
future."

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Further Expansion of Online Property Department

We are pleased to announce an addition to the team behind our very popular Online Property Department. Louise Brennan has joined the firm bringing some years of experience working for both local authorities and local law firms in the area of residential conveyancing.

Partner, Clive Holland, said "We are pleased to welcome Louise and her arrival allows us to further develop our innovative conveyancing service for sellers and buyers".

You can contact Louise by email lbrennan@bsandi.co.uk

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Home Information Packs - the latest!

The Government has published its timeline leading to compulsory introduction of HIP's on 1st June 2007. This includes publication of the regulations relating to contents in June, approval of the Home Inspector Certification Scheme in August and the start of three phases of a product launch/dry run in June, October and January.

Meantime, the Government has embarked on a £6.4 million publicity campaign to explain its plans.

There are concerns that the process will attract inexperienced and unregulated firms into the market, creating risks for both sellers and buyers. We are well placed to compile and advise on HIP's.

For further information including free fact sheets and other aspects of HIP's please email hips@bsandi.co.uk

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