April 2023

Letters of authority and exclusivity agreements for renewable energy projects

Posted on 26 April 202319 March 2025 by Sarah O'Sullivan

As the UK moves towards a greener energy infrastructure, developers are increasingly seeking out landowners whose land is suitable for renewable energy projects such as wind farms, solar farms, anaerobic digestion plants and battery storage projects. Often these landowners are farmers who may be looking to diversify their land use.

Quite often the first approach a developer makes to a landowner would be sending them a ‘letter of authority’ and an exclusivity agreement. Andrew Harrison, a specialist in renewable energy law, provides insights into what these documents entail and why it’s important to take specialist legal advice if you receive one. It’s important not to sign anything without advice, to make sure you secure a good deal.

What is a letter of authority?

Once signed, a letter of authority is a legally binding document. It authorises a third-party intermediary to act on the landowner’s behalf. What this third party can do will be set out in the body of the letter. However, this usually includes the ability to correspond with network operators or the national grid to explore the possibility of securing a grid connection. In some cases, the letter of authority will permit the third-party intermediary to make an application for a grid connection on behalf of the landowner.

What is an exclusivity agreement?

It is not uncommon for an exclusivity agreement to be provided alongside – or within the body of the letter of authority. Once signed, an exclusivity agreement is a legal contract between two parties that restricts one party – typically the landowner – from entering negotiations with any other developer concerning any renewable projects on their land for a set period.

These agreements can sometimes grant rights to a developer to access your property to carry out initial works and inspections to determine the feasibility of a renewable energy project.

It is important that you carefully review any letter of authority or exclusivity agreement before signing, as either may contain terms and conditions that could impact your rights or obligations.

It is recommended that you seek expert legal or professional advice before entering into any form of an exclusivity agreement. Ideally, a landowner will only enter into such an agreement once the heads of terms of the transaction are agreed.

What should I do if I get a letter of authority and/or an exclusivity agreement?

Here are some steps to take if you receive a letter of authority:

Read the document carefully. Make sure you understand what the developer is asking for and what their rights and responsibilities are
Seek legal advice. It is advisable to consult with a solicitor who specialises in renewable energy projects to understand the legal implications of the documents you are being asked to sign
Negotiate terms. If you are willing to grant the authority or exclusivity requested, you can negotiate the terms of the respective agreement with the developer. This may include the scope of the work, the duration of any authority or agreement and any compensation or other benefits
Protect your interests. It is important to protect your interests and ensure that you are not granting more rights than necessary or being taken advantage of in any way. A solicitor can help you navigate the legal process, but it is recommended that you also employ a suitably experienced land agent who can negotiate the best possible commercial terms for you
Keep copies of all documents. Make sure to keep copies of all correspondence, agreements and any other relevant documents. This will be useful in case of any disputes or issues that may arise in the future

If you’ve received a letter of authority or an exclusivity agreement, it can be important to seek legal advice from a trusted and experienced team like Tees. Our expert team of solicitors can provide you with the guidance and support you need.

Tees are here to help

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.

Tees becomes Official Legal Partner of Essex Cricket Club

Posted on 24 April 202329 March 2025 by Sarah O'Sullivan

We are pleased to announce that Tees will now become the Official Legal Partner of Essex Cricket Club, having been affiliated with the Club since 2016.

Tees provides expert legal services and independent financial advice across its six offices in the East of England, including from our Chelmsford office situated very close to The Cloud County Ground. We advise businesses and individuals across a range of practice areas, with five of our departments ranked in the top tier of Legal 500.

Speaking about the partnership, Tees Group Managing Director, Ashton Hunt, said:

“We are delighted that Tees has become the Official Legal Partner of Essex Cricket Club. Building on the success of the Tees River Gate entrance launch in 2021, we are delighted to further our partnership.

We are extremely excited to be working alongside Essex Cricket once again and wish them the best of luck going into the 2023 season.”

Chief Executive Officer of Essex Cricket, John Stephenson added:

“We are delighted to continue our thriving partnership with Tees as our Official Legal Partner. Creating rewarding partnerships with companies in the Essex region is important to us and we look forward to growing our relationship with Ashton and the team over the coming years.”

The registration of matrimonial home rights

Posted on 19 April 202322 March 2025 by Sarah O'Sullivan

What Are Matrimonial Home Rights?

Matrimonial home rights apply to properties used as the primary residence by married couples or civil partners. Establishing legal rights over the matrimonial home is often a key issue during divorce or separation. If a spouse is not listed as a legal owner, they may need to register a notice of their matrimonial home rights against the property.

Why Register Matrimonial Home Rights?

Registering matrimonial home rights offers protection to non-owning spouses, ensuring they have the legal right to remain in the home. This registration helps prevent eviction and serves as a formal notification to potential buyers or lenders that the non-owning spouse has occupancy rights. The application is made through the Land Registry.

Steps to Register Matrimonial Home Rights

The process for registering matrimonial home rights differs depending on whether the property is registered or unregistered. Follow these general steps for properties in England and Wales:

1. Confirm Legal Ownership

Joint Owners: If both spouses are named as legal owners, there is no need to register matrimonial home rights. Both parties’ interests are evident on the title, and both must consent to any sale or mortgage.
Sole Ownership: If only one spouse is the registered legal owner, the non-owning spouse can apply to register their home rights.

2. Check Property Registration Status

To determine if the property is registered, submit a Land Registry Form SIM to apply for an official search of the index map.

3. Complete the Correct Form

Unregistered Property: Complete Form K2 and submit it to the Land Charges Department. This creates a land charge that will appear on future property searches.
Registered Property: Complete Form HR1 and send it to the Land Registry. This registers a formal notice on the property’s title.

4. Pay the Applicable Fee

A fee may apply when submitting your form. Visit the HM Land Registry Fees page for more information.

5. Receive Confirmation of Registration

Once your application is processed, you will receive a registration notification. The legal owner of the matrimonial home (the “registered proprietor”) will also be notified. Keep the confirmation document safe, as it may be needed in legal proceedings.

Important Considerations

No Impact on Ownership: Registering matrimonial home rights protects the right to occupy the property but does not confer ownership. Ownership disputes are typically resolved during divorce or separation proceedings.
Legal Assistance: Navigating the registration process can be complex. Our Residential Property Team at Tees is here to assist you with every step. For further guidance on property rights and ownership, contact our Family Law Team.

For personalised advice, reach out to Tees today and secure your legal rights over your matrimonial home.

ISAs 101: your guide to Individual Savings Accounts

Posted on 6 April 202328 March 2025 by Sophie Soraf

ISA stands for individual savings account and is an investment vehicle that has great tax breaks. It allows you to earn interest on cash savings or dividends from investments without paying income tax or capital gains tax.

To ensure this tax break is not exploited, there is a restriction placed on how much you can pay into them each tax year.

How do they work?

Each tax year, which runs from 6 April to 5 April the following year, you have an ISA allowance. Currently the ISA allowance is £20,000 for this tax year. This means you have until 5 April to use your ISA allowance for this tax year.

Use it or lose it. If you miss the tax yearend deadline, you cannot back pay to catch up missed contributions. Any money you pay into an ISA will count towards your ISA allowance for the following year. This regularly catches people out with busy lives each year.

To be eligible to open an ISA, you need to:

Be 16 or older for a cash ISA
Be 18 for stocks and shares ISA
Be the parent or guardian of a child under 18 to open a Junior ISA
Be 18 to 39 to open a lifetime ISA
Be a resident in the UK (or a Crown employee if abroad)

An ISA can only be held in one person’s name. It’s not possible to have an ISA in joint names. Hence the title individual Savings Account.

There are two main types of ISA: cash ISAs and stocks and shares ISAs. There are also some specialist ISAs to choose from.

Cash ISAs

These are similar to regular bank / building society savings accounts with the advantage of a tax efficient wrapper. They should be used as short-term investments ie up to 5 years for maximum effect. Beyond this time scale inflation has the potential to reduce the value of the funds. There are two basic types of cash ISA:

Instant access: Allows you to withdraw and deposit funds in line with the provider’s terms.
Fixed term: Your money is wrapped up for set period of time during which you receive a fixed rate of interest but have no access. As the interest rates rise there are some very good rates on offer.

Stocks and Shares ISAs

These are stocks and shares investment accounts that use your ISA allowance as a wrapper to make them tax efficient. There are a huge variety on offer covering several investment styles and client attitudes to risk. This can make it very hard to compare apples with apples. Care should be taken also to ensure that any charging is made clear from the start.

As with most investment-based products your money is at risk as the value of stocks and shares can fluctuate. However over the longer term (5 years plus) you have the potential to receive better returns than say with Cash ISAs. These tend to form the basis of most investors portfolios as the starting point due to their tax efficiency.

Specialist ISAs

Junior ISAs: for under 18s only, limited up to £9,000 per annum currently. Can be Cash or Stocks and Shares based.
Lifetime ISA: for adults under 40 saving for retirement or to buy their first home. At a very high level they let you earn a 25% bonus on savings up to £4,000 a year. Care and advice should be taken because although you can access the funds whenever you like. You only get the bonus if you use the cash to either buy your first home or take it out after you turn 60. If you withdraw the money for any other reason, you will lose 25% of it as the government takes its money back plus a little extra.
Innovative finance ISA: Peer-to-peer investments which earn interest by lending money to individuals, businesses and property developers. These usually require financial advice to be taken to ensure suitability.
Business Property Relief (BPR) based ISAs: ISAs are not totally tax free; they are liable to Inheritance Tax upon death. Using an ISA that can take advantage of BPR can help ringfence funds from inheritance tax. These tend to be higher risk options and should be discussed with an IFA before proceeding.

You can open a Cash ISA either in a bank/building society branch, online, by post or over the phone, depending on the type of account and provider you choose.

Investment ISAs are similar but best taken out via an Independent Financial Adviser who can source the right plan for your circumstances. They should also ensure that the scheme is covered by the Financial Conduct Authority and the Financial Services Compensation Scheme. They will also explain the risk level and ensure that you do not over commit too much of your hard-earned funds in one go. For some Cash ISAs you can start with as little as £1. For investment ISAs this tends to be higher for lump sum investments. A regular premium amount typically start around £50 pm. There is no right amount to start with. It will depend on your own situation. Always ensure that you have enough hands on cash available to cover emergencies. As a guide this is typically 3 – 6 months of expenditure. You will also need to supply your National Insurance number. Always read the small print before signing to ensure that you understand what you are investing into.

How many ISAs can you have?

You can build up several ISAs over the years. You can consolidate your past ISAs by transferring them to your current ISAs if they offer better terms.

You can only pay into one cash ISA, one stocks and shares ISA, one lifetime ISA and one innovative finance ISA in each tax year, and the total you invest across the types of account must not exceed your ISA allowance – currently £20,000.

You can transfer to a new ISA within a tax year – but only if you take all the money you’ve already saved into the old ISA to your new one.

If you have opened a junior ISA for a child, this is not included in your £20,000 allowance (it’s the child’s allowance, which is £9,000 a year currently).

Can you withdraw money from your ISA and put the money back later?

This depends on the terms and conditions of your ISA, so ensure you find out before opening a new ISA whether:

Your ISA is flexible

You can withdraw money and pay it back in during the same tax year without it affecting your ISA allowance (eg if you deposit £10,000 then withdraw the same amount, you can still pay in a total of £20,000 this tax year)
You can also withdraw any ISA money you have from previous tax years, and have until the end of the tax year to pay it back into the same ISA.

Always, check the small print before doing anything as some ISAs may limit the number of transactions you can make in a year. Not all providers allow transfers either, you should also check the T&Cs before making a withdrawal.

Your ISA is not flexible

Any money you pay in then withdraw, still counts towards your remaining ISA allowance (eg if you pay in then withdraw £5,000, you can only deposit up to £15,000 for the rest of this tax year).
Deposits that exceed the allowance will be rejected

Once taken out of an ISA your money will lose its tax-free status if you pay it into a normal savings account.

Can you transfer an ISA to another ISA?

You may want to move holdings in a previous year’s ISA to a new one if the rate of return or fees are more competitive.

This is allowed under the rules; just don’t attempt a transfer until you’ve checked whether your new ISA allows transfers in.

To retain your tax advantages, you need to transfer your ISA directly from one provider to another.

However, if you try to move your ISA by withdrawing the funds, you will lose its ISA status, as it’s no longer within the tax-free wrapper. You may find that a lifetime of tax efficient savings is lost by making this common mistake.

What happens to your ISA upon the death of the plan holder?

Upon death an ISA becomes part of your estate and loses its tax-free status, meaning it’s liable to income tax.

The exception is if you leave behind a spouse or civil partner. Then they would see an amount equivalent to your ISA added to their current year’s allowance, tax-free.

E.g. you pass on leaving £20,000, your spouse or civil partner would receive a one-off addition to their own ISA annual allowance of this sum, giving them a total allowance of £40,000 to invest.

Even if you leave your ISA to somebody else in your will, your spouse or civil partner will still gain the £20,000 additional ISA allowance.

What protection does your ISA have?

The Financial Services Compensation Scheme (FSCS) protects the first £85,000 of any cash or investments held in ISAs with each separately registered institution.

To qualify, your ISAs must be in a financial company, such as a bank or investment house, that’s regulated by the Financial Conduct Authority.

CARE, if you have more than £85,000 in savings with one institution, or two separate companies within the same group, you could end up out of pocket should the group go under as the FSCS only guarantees a payout of £85,000.

The above should be viewed as impartial guidance as to ISA options and what they might mean. The final decision to invest would be yours but as with any investment, if it’s not an area you are completely familiar with you should seek Independent Financial Advice.

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice, or investment recommendations. Past performance is not a reliable indicator of future returns and all investments involve risks. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered number 211314. Tees Financial Limited is registered in England and Wales. Registered number 4342506.

Why Choose SIPPs? The Advantages of Personal Pensions

Posted on 6 April 202328 March 2025 by Sophie Soraf

If you want a flexible and straightforward way to save for your retirement that puts you in the driving seat, a self-invested personal pension, or SIPP, might be appropriate. Here, we explain how a SIPP works so that you can consider whether it could be the right pension plan for you.

What is a SIPP?

A SIPP (Self Invested Personal Pension) is a type of personal pension that gives you the freedom to choose and manage your own investments, allowing you to make decisions that determine how your pension pot performs. A SIPP acts as a wrapper that can hold a number of different investments and is invested until you want to make withdrawals when you retire.

You can also choose to transfer in existing pensions, but it’s important to check whether you will be charged transfer fees for doing so. If the fees are high, it’s generally best to leave your existing pensions where they are.

What are the tax benefits?

SIPPs work in a similar way to other types of pension in that you can pay into them whenever you want and they enjoy the same generous tax perks. This means that for every contribution you make, the government will give you 20% tax relief. So, if you paid in £100, this would effectively be topped up to £125. This basic-rate tax relief is added to your pension automatically as your provider will claim it for you from the government.

Higher-rate taxpayers (40%) can claim up to a further 20% in tax relief through their tax return, while additional-rate taxpayers (45%) can claim up to a further 25%.

Are there any limits on SIPP contributions?

You can pay as much as you like into your pension, but there is a limit on the amount of tax relief you can claim. Most people get tax relief on pension contributions up to 100% of their salary each tax year, capped at the Annual Allowance of £60,000 (for the 2023/24 tax year). This limit includes the total value of all contributions, including those from your employer and the addition of basic-rate tax relief.

If you do not earn enough to pay Income Tax, you can pay a maximum of £2,880 a year into your pension and still benefit from basic-rate tax relief, which boosts your total contribution to £3,600 per tax year.

Once you have used up the current year’s Annual Allowance, you may be able to carry over unused allowances from the past three years, providing you were a pension scheme member during those years and your total contribution does not exceed 100% of your current year’s earnings.

A Tapered Annual Allowance was introduced in 2016-17 which currently applies for individuals with a ‘threshold income’ of over £200,000 and ‘adjusted income’ of over £260,000.

Why should I choose a SIPP over other pension arrangements?

The biggest benefit of a SIPP is that, unlike other pension plans, you can choose from a much wider range of investments, which could have significant growth potential. You can also have complete flexibility and control over your investment portfolio.

In addition, SIPPs are portable, so if you change your job or stop working you can continue to contribute to your pension. If you have a new employer, they can decide to make contributions too.

However, with this flexibility comes responsibility so it’s important to research your options carefully and make sure you are comfortable making your own retirement decisions. The value of your investments can go down as well as up which means you could get back less than you put in.

What types of investment can I have?

With a SIPP, you can invest in a wide range of assets, such as:

Stocks and shares
Unit trusts
Open ended investment companies (OEICs)
UK government bonds
Gilts and bonds
Exchange traded funds (ETFs)
Offshore funds
Commercial property
Cash

SIPPs allow you to pick your own individual investments or choose a ready-made portfolio based on your investment goals and attitude to risk. By picking your own investments, it’s important to ensure you spread risk by choosing a variety of investments across a range of assets, regions and sectors.

How can I take money out of my SIPP?

You can usually start to take money from your pension from the age of 55 (rising to 57 in 2028). You can take up to 25% of your pension pot tax-free and you’ll be taxed on the remainder as if it were income. You can choose to receive your tax-free cash as a single lump sum or in stages.

You can take money from a SIPP in three main ways and you can choose just one option or a combination:

An annuity: This pays a guaranteed income for life and you can choose whether your income remains the same throughout your retirement, increases by a fixed percentage each year or increases with inflation.
Drawdown: This enables you to take your tax-free cash and leave the rest of your pension invested. You can make further withdrawals as and when you need to.
Lump sum: Known as Uncrystallised Funds Pension Lumps Sums (UFPLS), this allows you to take money directly from your SIPP without choosing drawdown. Every time you do so, 25% is usually tax-free and the rest is taxed as income.

How we can help

SIPPs give you much greater flexibility than other types of pension, but they won’t be suitable for everyone. If you’re not sure whether a SIPP is right for you, our expert pension advisers are on hand to discuss your options and help you make the right investment choices.

They will assess important factors such as your attitude to risk, investment perspective and tax position to help you make the best retirement decisions for you. Why not get in touch today?

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice, or investment recommendations. Past performance is not a reliable indicator of future returns and all investments involve risks including the risk of possible loss of capital. Some information quoted was obtained from external sources we consider to be reliable.

Spotlight on EIS vs VCT and AIM investing

Posted on 6 April 202328 March 2025 by Sophie Soraf

If you’re an investor looking to diversify your portfolio and maximise tax efficiency, you could consider more complex investments such as an Enterprise Investment Scheme (EIS), Venture Capital Trust (VCT) or shares in Alternative Investment Market (AIM) listed companies, providing you are comfortable holding high-risk investments.

EIS vs VCTs explained

Enterprise Investment Schemes and Venture Capital Trusts are investments made into small, unquoted trading companies which are trying to raise capital in their early stages of development.

The rationale behind both EIS and VCT schemes is that they benefit the economy by promoting innovation amongst the small higher-risk business community which in turn drives productivity, creates jobs and boosts economic growth.

EIS and VCT schemes are appealing to investors who are typically seeking greater diversity across their portfolio as the investments held have a low correlation to more mainstream holdings in pensions and Individual Savings Accounts (ISAs).

What tax benefits do these schemes offer?

Since their launch in the 1990s, EIS and VCT schemes have become increasingly popular, in large part due to the tax benefits they enjoy. Schemes such as these have been particularly important to investors who may be struggling to find ways to invest tax-efficiently, for example those who are close to breaching pension allowances, but who still want to save for retirement in a tax-efficient way.

There are a number of generous tax breaks. For example, when you invest in an EIS or a VCT, you get income tax relief of 30%: invest £100,000 and you could get up to £30,000 back. In order to qualify for these benefits an EIS investment must be held for at least three years and a VCT for five years, but investors would normally expect to hold the investments for longer.

For EIS schemes there is also ‘deferral relief’ which effectively allows you to defer capital gains tax payable on profit earned from an investment by reinvesting it in an EIS. So you only have to pay the CGT due on your initial investment once you exit from your EIS, but you could carry on deferring the tax bill by reinvesting your gain indefinitely.

There are also ways of using an EIS to minimise your inheritance tax bill. After two years from when you buy the EIS-qualifying shares, as long as you still hold the shares on death, your investment should be free of inheritance tax liability. There is no inheritance tax advantage with VCTs however, as when you invest you acquire shares in the trust, rather than in the underlying companies.

How do EIS and VCT schemes differ?

In the case of an EIS, investors typically purchase shares directly in firms, while VCTs are listed companies and follow a similar approach to that of investment trusts, allowing investors to spread the investment risk over a number of companies by subscribing for shares in the VCT itself.

For the 2023-24 tax year, the following limits apply:

For the 2023-24 tax year the following limits apply:

For an EIS, the maximum annual investment you can claim tax relief on is £1m. This is increased to £2m, as long as at least £1m of this is invested in ‘knowledge-intensive’ companies.

Investments in an EIS can be carried back to the previous tax year.

For a VCT, the maximum annual investment you can claim tax relief on is £200,000. New investments in VCTs cannot be carried back to previous tax years.

VCTs may pay out tax free dividends to investors, although early-stage companies may not be able to afford this, without affecting growth, so investors certainly shouldn’t rely on receiving dividends. Dividends payable from EIS are taxable.

What are the risks of EIS and VCT schemes?

Despite the attractive tax benefits of these schemes, they are only suitable for people who are comfortable holding high-risk investments. This is because EIS and VCTs invest in smaller, fledgling companies that are inherently likely to be more fragile enterprises and could fail.

Another risk to consider is the illiquid nature of the investments as they are harder to sell than mainstream investments such as listed shares or unit trusts. As a result, such schemes are considered to be high risk and will normally only be suitable for a relatively small proportion of your overall portfolio.

If you are considering a long-term investment and want to maximise tax efficiency and diversify your portfolio, our independent financial advisers can provide you with expert guidance on such schemes, advising on the full range of investments and ensuring that the associated risks are fully understood.

Alternative Investment Market (AIM) investing

The Alternative Investment Market was launched 25 years ago (in 1995) with the aim of helping smaller companies that needed capital to grow but couldn’t afford the costs associated with listing on the London Stock Exchange, or were unable to meet the stringent requirements needed to float. As at Feb 2023 there were around 727 companies listed on AIM, with a combined market value of over £90bn.

Not all AIM-listed companies are start-up companies, but they tend to be smaller and potentially higher risk than those listed on the FTSE. The main investors in AIM shares will therefore normally be institutions and wealthy individuals.

What are the tax advantages of investing in AIM-listed shares?

Since 2014 investors have been able to include AIM-listed shares in their stocks and shares ISAs, meaning there is no Capital Gains Tax to pay on disposal and no Income Tax payable on dividends. More and more people, therefore, have considered including AIM-listed shares within their ISA portfolios in recent years.

Furthermore, most AIM stocks qualify for Business Property Relief and are exempt from IHT if held for more than two years, making this type of investment one for consideration when planning for inheritance tax.

As described earlier in this article, AIM shareholders are also able to benefit from Income Tax relief and Capital Gains Tax relief when the investments are held via an Enterprise Investment Scheme or Venture Capital Trust.

Considering EIS, VCT and AIM investments? Talk to us

These types of investments have grown in popularity over recent years, as they are now among the few remaining tax-efficient investment avenues still available to wealthier investors.

If you are unsure as to whether investing in tax-efficient vehicles such as EIS, VCT or AIM is suitable for you or you need professional advice on any other area of saving and investing, we are only a phone call away.

Don’t invest unless you’re prepared to lose all the money you invest. This is a high‑risk investment, and you are unlikely to be protected if something goes wrong – two-minute read IMPORTANT information about key risks.

Tax rules can change, and tax benefits depend on individual circumstances. The value of investments can go down as well as up and you may not get back the amount you invested. The past is not a guide to future performance and past performance may not necessarily be repeated.

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice, or investment recommendations. Some information quoted was obtained from external sources we consider to be reliable.

What is conveyancing?

Posted on 5 April 202326 March 2025 by Sarah O'Sullivan

Conveyancing is the word typically used to refer to the legal process of buying or selling a house.

Buying and selling a house can be an exciting process – but it can also be stressful! Our team of Conveyancing experts are on-hand to provide guidance at every stage, as we want to achieve the best result for you – without any stress or worry on your part.

While first-time buyers or sellers may benefit greatly from our guide, even seasoned house movers should stay informed about any changes. Here are the important points that you should be aware of to make the process smoother and more successful:

What documents do I need to sell a house?

To help, we’ve come up with a list of the Top 10 documents which will assist when selling your home:

Title deeds and plans
Planning permission for work completed in the last 20 years
Building Regulations approval and certificates
FENSA certificates from 1 April 2002
GASAFE certificates from 1 April 2005
Electrical certificate from 1 January 2005
Guarantees and warranties for works completed
Any reports such as a flood risk or radon gas
EPC Certificate
Any indemnity insurance documents

If you are unable to provide these, we can assist in obtaining copies for you or your agent may also be able to help.

How long will it take?

This depends upon whether the sale or purchase is a one off transaction or caught up in a chain of transactions. If for example the property is empty and the buyer does not need a mortgage and the paperwork is received promptly by the buyer’s lawyer, a sale and purchase can be completed very quickly.

However, more often than not, a mortgage will be needed and there will be a chain of transactions. If this is the case, it will usually take about four to six weeks to exchange contracts and another two weeks between the exchange of contracts and final completion, making a total of six to eight weeks from start to finish.

We will always work hard to minimise delays and to try to complete your transaction as soon as possible. It is not possible however to guarantee the time it will take when a chain of transactions is involved. This is because a transaction in a chain can only proceed as quickly as the slowest person in the chain. Examples where delays could arise include when someone is waiting to receive a mortgage, to have a survey carried out or a transaction has started off later than the others in the chain or has previously fallen through.

When selling your property, we recommend gathering together all of the documentation relevant to your property and providing this to your solicitor at the beginning of the process. This will make the transaction quicker and easier to deal with.

When do I need to pay any money?

If you are buying a property your solicitor will ask you for funds, typically £350 at the start of the transaction to cover search fees. Then a few days before contracts are due to be exchanged, your solicitor will ask you for the deposit which is payable on exchange of contracts. This is usually agreed at 10% of the asking price of the property but can vary. The balance of the purchase money and solicitor’s costs including Stamp Duty Land Tax and land registration fees are payable a few days before the completion date as we must have cleared funds on the date of completion.

Do I need a survey?

The legal position is ‘buyer beware’ and that you buy a property in its existing condition with no come back against the seller if there are any defects at all. This is why it is always advisable to have a survey carried out before contracts are exchanged and you are legally committed to buy the property. If you need a mortgage, the lender will insist on a valuation being carried out to check on the value of the property but this is not a survey. It depends on the type of property you are buying as to the type of survey that it is advisable to have carried out. We will be pleased to discuss this with you and have good relationships with various local surveyors and can put you in touch with them to get this advice.

What searches do you carry out?

If you are buying a property we will carry out all appropriate searches and pre contract enquiries for you against the property. The main searches are:

Local Authority Search
Drainage and Water search
Environmental Search
Chancel Search and Land Charges
Land Registry Searches

These searches are undertaken to check that there are no adverse matters registered against the property including for example breaches of planning, proposals for nearby new roads or traffic schemes, whether there are any risks from contaminated land or flooding and whether there is any potential liability to contribute towards the upkeep of the chancel of any medieval church in the vicinity. Our drainage and water search will show whether or not the surface and/or foul water drains run into a public or private sewer and the route that they take and whether the property is connected to the mains water supply. We also ask various questions of the Seller to identify a host of important things like who is responsible for the boundaries, when the central heating was last serviced, whether there are any guarantees for building work and whether they have had any problems with the neighbours.

When do I need to arrange building insurance?

Unless the insurance is being arranged by the lender or it is a leasehold property and the insurance is dealt with by the landlord, this must usually be arranged from exchange of contracts as the property will be at your risk from that time. You should make arrangements to have this in place immediately Contracts are exchanged.

What does exchange of Contracts mean?

Once all searches, pre contract enquiries and your survey has been carried out, any mortgage offer required has been received and you and the other parties in the chain are ready to proceed, Contracts can be ‘exchanged’. There are two parts to the Contract. One is signed by the seller and the other part by the buyer. Your solicitor will check with you and the other parties in the chain as to a suitable completion date and will then ‘exchange’ the Contract with his /her opposite number. This is usually dealt with on the telephone and it is only at that stage that you are a legally committed to the purchase or sale and that a completion date is agreed.

What is the ‘Completion Date’?

This is the date agreed on exchange of Contracts for you to complete your purchase or sale. It is the day that the buyer is entitled to collect the keys and move into the property.

What happens on the ‘Completion Date’?

This is when the buyer’s solicitor sends the balance of the purchase money through the banking system to the seller’s solicitors. Once received they will call the estate agents to authorise them to release the keys to the buyers. On completion the seller has to move out (give ‘vacant possession’) and remove all furniture and effects from the property. The seller’s solicitors will send the deeds of the property to the buyer’s solicitors and send to the seller the balance of the sale monies after payment of any outstanding mortgage, estate agents fee and legal costs.

What happens after Completion?

The buyer’s solicitors will pay any Stamp Duty Land Tax and arrange for the buyer and the lender to be registered as the new owner and lender at the Land Registry.

If you are looking to buy a property, please do not hesitate to get in touch. Our specialist lawyers are members of the Law Society’s Conveyancing Quality Scheme and are based in:

Tees continues to grow and thrive in the Essex business community with the promotion of two new Partners

Posted on 3 April 202329 March 2025 by Sarah O'Sullivan

Tees continues to grow and thrive in the Essex business community with the promotion of two new Partners.

Tees’ growth and expertise in the Essex business community have been further solidified by Baljeet Kaur and Daniel Fairs joining the Partnership. With these appointments, Tees continues to strengthen its position as a leading law firm in the region.

Tees is well-positioned to provide even greater value to its clients with the addition of Daniel and Baljeet. Both individuals are highly regarded within the Essex business community, and their expertise and experience will undoubtedly enhance the firm’s capabilities.

Baljeet Kaur who qualified as a Solicitor in March 2013 and joined Tees in 2016, works in the Corporate and Commercial team at the Brentwood office. She advises a broad range of clients, including high net worth individuals, entrepreneurs, start-ups, owner managed businesses and SMEs across various industries such as manufacturing, transport and logistics, technology insurance, and leisure, on a wide range of transactions including mergers and acquisitions, disposals, joint ventures, family investment companies, reorganisations, general company law issues and commercial contracts.

Baljeet commented, ‘I am honoured to be made a Partner at Tees and excited to have the opportunity to shape the future of the firm. I am grateful for the trust and support of the firm, and I look forward to continuing to serve our clients with dedication and excellence.’

Daniel Fairs is part of the Commercial Property team and has been with the Chelmsford office since 2017. Daniel has extensive experience in overseeing the buying and selling of commercial and rural properties in England and Wales. He is proficient in advising landowners, developers, promoters, and funders with strategic land projects and financing arrangements. Additionally, he acts for both landlords and tenants with leases, and also collaborates with the Corporate and Commercial team to handle property matters for business sales, acquisitions and re-structuring arrangements.

Daniel said, ‘I am humbled and grateful for the opportunity to become a Partner at Tees. The firm’s focus on promoting from within and providing a supportive work environment has been instrumental in my career development, and I am excited to contribute to its future success.’

Senior Partner, Catherine Mowat comments, ‘I am delighted to announce the promotions of Daniel and Baljeet to Partner. We are proud to have such talented and dedicated professionals in our team, and we look forward to seeing their continued growth and success in their new roles.’

Tees has also promoted seven new Senior Associates, seven Associates and a new Senior Wealth Planner.

Catherine adds, ‘All of this year’s promotions are a perfect example of our dedication to creating a positive and supportive work environment that rewards hard work and talent. They have all demonstrated exceptional commitment to their clients, and we are proud to have them as part of our growing team.’

2023 Promotions:

Partner

Baljeet Kaur – Company and commercial
Daniel Fairs – Commercial property

Senior Associate

Lucy Beck – Commercial property
Samantha Worth – Commercial property
Alex Waples – Commercial property
Tom Moulsdale – Commercial property
Victoria Sweeting – Wills, trusts, tax & probate
Chris Claxton-Shirley – Wills, trusts, tax & probate

Head of Trust and Tax

Carl Frost – Wills, trusts, tax & probate

Senior Wealth Planner

Cara Lambert – Wealth management

Associate

Emily Jones – Dispute resolution and litigation
Jason Torrance – Dispute resolution and litigation
Ana James-Pittau – Dispute resolution and litigation
Lara Bartlett – Residential
Rachel Benton – Clinical negligence
Anna Jones – Family
Gemma Ball – Commercial property

Medical negligence: Quality of nursing care claims

Posted on 3 April 202323 March 2025 by Sarah O'Sullivan

If you are concerned about the standard of care a relative or loved one is receiving, there are steps you can take to help improve their situation. Our specialist Medical Negligence team offer valuable help and guidance. You can call our Medical Negligence experts on 080o 013 1165 for a free, confidential, no obligation chat.

What to do if a loved one isn’t getting the care they need

Recent reports in the press and by the BBC point to a ‘care crisis’ in the UK, and ongoing issues with the UK’s care system. A recent report from the Care Quality Commission (CQC) has highlighted the sub-standard levels of care sometimes provided to patients across the UK. They report that many services are underfunded and overstretched, with staff shortages being a major area of concern.

If you have a loved one receiving care, or moving into a care home, they have the right to be treated properly. They might choose to receive domiciliary care at their own home, or through a residential or care home. Sadly, as documented by the press and the BBC, some carers and homes can sometimes fall short in the care they provide to patients.

There is no clear definition of poor care, and there can sometimes be a thin line between poor care, and abuse and neglect. The bottom line is this: is the person getting the support and help they need as identified in their care plan?

Common problems with care and care homes

When problems occur, it’s often due to a neglect of basic care needs, toileting, poor staff behaviour and the general happiness and well-being of the patient. Common issues include:

Injuries caused by falls, slips or poor handling by staff
Pressure sores
Errors in medication
Dehydration
Malnutrition
Late referrals for treatment

Seeing someone suffer because of poor care is emotionally very difficult. You might be worried for their safety, or unsure if you should speak up. However, there are steps you can take to help.

What to do if you have concerns about the quality of care

If you have concerns about the care a friend or relative is receiving, then there are several practical steps you should take. Don’t be afraid to raise a complaint. Although it can be a difficult task to discuss concerns relating to someone’s care, it’s important to remember that they have a right to be treated properly. Care homes and home-care agencies must be registered with the CQC and meet the minimum standards set. By law, all health and social care services must have a procedure in place for dealing with complaints.

As a first step, you should discuss your concerns with the patient. Make your own observations, or if you can’t be there, ask someone else to be present when the carer comes, or in the case of residential or nursing homes, visit the patient so that you can form a first-hand view of the level of care being provided.

Dealing with abuse by carers and care homes

If you suspect that your relative or loved one is receiving poor care or being abused in any way, ask them about it in private. Try to get as much detail as possible. Then, report the matter to the manager responsible for the patient’s care. Ask them for an explanation and an investigation. Follow up on your verbal complaint in writing.

If you witness abuse or have evidence that suggests basic standards aren’t being met, intervene as soon as you can to stop it. Write down what happened, and follow it up with the care manager. Keep copies of all documents relating to your complaint, recording important details like date, time, place and the names of staff involved.

You can also contact your local authority to report a problem – even if they don’t fund the patient’s care. All councils have procedures in place to deal with the care and protection of vulnerable adults. You should also inform the CQC, as they have legal powers to intervene and make care providers improve their service.