Property Services

What are the requirements for applying to buy my Council House?

Depending on the start date of your current tenancy, you have a qualifying period of either 2 or 5 years to serve before you can apply. You will have to be clear of any arrears for Council tax, rent or any other monies you may be due to the Council and have no current legal proceedings against the tenancy. You also have to be a secure tenant.

I am thinking about buying my Council House - What should I do?

Pick up an application form at your Local Council Office, fill it in, and return it. If you require help in filling in this form ask someone at your Local Council Office to assist you or contact the House Sales Section.

How much discount will I receive?

The amount of discount you receive is calculated according to the time you have spent as a tenant of a qualifying landlord. For tenants who began their current tenancy after 30^th September 2002, there is a requirement that tenants have had continuous occupation of tenancies, prior to application, in order for them to count towards calculating the discount. Discount ranges from 20% to 35% or a maximum of £15,000 for the new act tenants and from 30% to 60 / 70%, depending on house type, for people who were tenants before the above date. There is no requirement for continuous tenancies for the old act tenants so all qualifying tenancies will count towards discount calculation.

I only want to know the approximate sale price - do I still have to apply?

Yes. Each property is valued independently by the District Valuer so an application is the best way to get an accurate idea of the purchase price.

When can’t I buy my home?

If legal action is being taken against you for arrears, anti-social behaviour or your tenancy has been converted to non-secure, you cannot buy your home. If the house has been designed for special needs or is near special facilities, you may not be able to buy it.

What happens when I submit my application?

Once you have filled in and submitted your form the Local Council will check that you qualify to buy and if so, arrange a valuation to be carried out, calculate your discount and make an offer of sale to you.

-You have 8 weeks to make up your mind, accept the offer and arrange finance.

-If required, you will have to apply to a lender for a mortgage for the amount of the selling price.

-You should employ a solicitor to conduct the sale on your behalf.

-You may wish to get your own survey done. You will have to pay a fee for this.

Am I committed to buying if I submit an application?

No. You may cancel your application at any time during the process.

I’ve purchased my Council House, when can I sell it?

You can sell it at any time but you will be penalised by having to pay back some or the entire discount you received within the first 3 years of your ownership. After the 3-year period is up you are free to sell without penalty.

Who can help?

Here at Paris Steele W.S. we have many years experience in the purchase of Council Houses both in East Lothian and all over Scotland and will be glad to advise and assist you.

We want to help with your property search. We know that looking for the right property is stressful and this is how we can help:

• Expert Knowledge in the local market – all of our solicitors live in the local area and know the market inside out.
• Bring us the Home Report – we’re happy to take time to talk it through with you.
• Need a mortgage? We work with some great independent financial advisors and we’re sure they will find the right mortgage deal for you.
• Up to date price comparisons are always available.
• Problems – What if the Home Report suggests a defect? We work with many local tradesmen and specialist contractors.
• Our conveyancing team are based here in the office – come in and see us, talk to us on the phone, or send us an e-mail. We’re here to help.

Here at Paris Steele W.S. we have many years experience in the purchase of residential property both in East Lothian and all over Scotland and will be glad to advise and assist you.

If you are considering selling your property the first person to contact is our Property Manager who can guide you through all the requirements.

We offer a full and comprehensive Estate Agency Service which includes:

• A Free Pre-Sale Market Appraisal of your Property
• Bespoke Colour Sales Particulars
• Personalised For Sale Boards
• Professional Photography
• Floor Plans
• Home Reports arranged at very competitive prices
• Free listing on the Paris Steele W.S. website
• Internet Listings with ESPC.com, Rightmove.co.uk, PrimeLocation.com, FindaProperty.com, Nestoria.co.uk, and Globrix.com
• Accompanied viewings if required
• Weekly reporting
• A friendly and approachable service
• Local Expertise

Your property will be listed in the Edinburgh Solicitors Property Centre (ESPC) website and displayed in their George Street Edinburgh showroom. The website receives over 450,000 visitors each month – that’s 15,000 prospective purchasers every day!

We also list our properties with all of the leading property websites, including Rightmove.co.uk, PrimeLocation.com, FindaProperty.com, Nestoria.co.uk and Globrix.com.

Further press and website advertising can be arranged for you to maximise your local and national exposure.

Once your property is sold the legal work, known as conveyancing, will be dealt with by one of the solicitors based in this office.

Here at Paris Steele W.S. we have many years experience in the sale of residential property both in East Lothian and all over Scotland and will be glad to advise and assist you.

Introduction

If you are considering acting as a Landlord you should appoint a professional agent who can manage your property and identify and vet prospective tenants.

Our residential “let-only” service will arrange to advertise your property, view the property with interested parties, interview applicants and ensure that your tenancy agreement complies with the current legislation.

In addition we offer a “property management and factoring service”, which in addition to our “let-only” service provides the following:

• Collection of rent payments
• Complimentary rent reminders
• Complimentary entrance and exit inspections
• Complimentary settling in visit after four weeks
• Complimentary mid-tenancy inspection to assist with your decision on renewal
• Complimentary Notices to Quit
• Day-to-Day management of the tenancy including renewal reminders, project management of any repair or maintenance, and reminders on renewal of gas and other safety certificates.
• Complimentary advice on Landlord Registration.
• Complimentary Advice on issues such as anti-social behaviour and compliance with the repairing standards.
• Complimentary Advice on changes in legislation which affects your tenancy.

Tenancy Agreements

We will ensure that your tenancy agreement is a properly constituted Short Assured Tenancy in terms of the Housing (Scotland) Act 1988. This will ensure that you have a statutory right to recover vacant possession from your tenant after a minimum period of six months (subject to a longer tenancy agreement being in place) on service of two statutory notices.

We will be glad to discuss the terms of the tenancy agreement with you and will individualise the tenancy terms to your requirements.

Vetting of Tenants

When a prospective tenant had been identified we will obtain references from the tenant’s bank, employer or previous landlord. We may also recommend a character reference, credit check or guarantor.

Property Standards

You must ensure that your property meets the Repairing Standards set down by the Housing (Scotland) Act 2006. Throughout the period of the tenancy you will be responsible for the external maintenance of the property and for the continuous supply of electricity and/or gas and for the provision of water and sanitation. Your tenant will, subject to the exception of fair wear and tear, be responsible for internal maintenance.

If the property is served with gas you will have to produce a Gas Safety Certificate each year or at the start of a new tenancy if sooner. We would also recommend that you obtain an Electricity Safety Certificate. We will be glad to arrange to obtain these reports for you. You may also wish to consider complying with the Scottish Core Standards which will allow you to become an Accredited Landlord.

Legal Matters

In accordance with the Anti-Social Behaviour (Scotland) Act 2004 as amended, all private landlords must register with the relevant Local Authority within which they let residential properties. These registrations must be renewed every three years. Registrations can be made at http://www.landlordregistrationscotland.gov.uk/.

If you have a mortgage over the property you may have to obtain your lender’s consent before entering into a tenancy agreement. Most lenders will give their consent if you are entering a short assured tenancy and have employed a professional agent to prepare the tenancy agreement. You must also inform your insurance company of the change of occupancy or you may need to change your insurance policy.

The rent payments made to you will be liable to income tax. You will be responsible for reporting this additional income to the Inland Revenue. Please note that some of your expenses will be tax deductible.

If you live or are going to live overseas your rental income will be liable for taxation at source. If we are instructed to collect the rent on your behalf income tax will be deducted from the rent before it is paid to you. If you want to receive the rent gross you must apply for an exemption certificate from the Inland Revenue.

Furnished Lets

If your property is furnished you must ensure that your soft furnishings comply with the Furniture and Furnishings (Fire) (Safety) Regulations. Details on these regulations can be provided to you.

We would recommend that you prepare an inventory, which should include every item of furniture in the property and comment on its condition. The inventory will be checked with the tenant on the date of entry and will be incorporated into the tenancy agreement.

Helpful Hints

We would recommend that you prepare a Tenant’s Handbook providing details of how the central heating system works and providing instructions for the kitchen appliances. It should also include other helpful information such as which day is refuse collection day and who supplies the electricity, gas and telephone service. You should provide your own contact details (or ours if you have appointed us to act as factors) and list any tradesmen who are approved to carry out work to the property.

On the date of entry you should obtain final meter readings and report these to the gas and electricity suppliers. You should also report the change of ownership to the telephone provider and the local authority for council tax purposes. This will prevent you incurring charges that are the responsibility of your tenant.

The Scottish Executive provides a website at http://www.betterrentingscotland.com/ and is the useful information resource for all those planning to be involved in the private rented housing market.

Conclusion

Whilst Residential Lettings can be a complex process with professional advice and management it should prove to be productive and financially rewarding. We will be happy to answer any further questions you may have.

Here at Paris Steele W.S. we have many years experience in the rental of residential property both in East Lothian and all over Scotland and will be glad to advise and assist you.

Introduction

If you are considering renting a property you should speak to a solicitor who can advise you on your rights and obligations as a tenant. However, please note that where we act for the Landlord we cannot give any advice to you and you should seek independent legal advice from another firm of solicitors.

You should also contact our Property manager who will be happy to discuss the properties that we have available and hopefully set you up with your new home.

Tenancy Application forms are available from our office reception.

Tenancy Agreements

You will be offered a Short Assured Tenancy in terms of the Housing (Scotland) Act 1988. The initial period of let is usually six months and providing you do not breach the terms of the lease your occupancy is secure for this period. At the end of the initial period you may need to negotiate the terms of any extension or the lease may automatically renew itself either for a further six month or on a month-to-month basis.

We will be glad to discuss the terms of the proposed tenancy agreement with you.

Vetting of Tenants

Your Landlord will normally request references from your bank, employer or previous landlord. He may also request a character reference, credit check or guarantor.

Property Standards

Your Landlord must ensure that the property meets the Repairing Standards set down by the Housing (Scotland) Act 2006. Throughout the period of the tenancy he will be responsible for the external maintenance of the property and for the continuous supply of electricity and/or gas and for the provision of water and sanitation. You will, subject to the exception of fair wear and tear, be responsible for internal maintenance.

If the property is served with gas your Landlord will have to produce a Gas Safety Certificate each year or at the start of a new tenancy if sooner. We would also recommend that you request an Electricity Safety Certificate.

Furnished Lets

If your property is furnished your Landlord must ensure that the soft furnishings comply with the Furniture and Furnishings (Fire) (Safety) Regulations. Details on these regulations can be provided to you.

We recommend that you ask the Landlord to prepare an inventory, which should include every major item of furniture in the property and comment on its condition. The inventory will be checked with you on the date of entry and should be incorporated into the tenancy agreement.

Helpful Hints

We would recommend that you ask for details of how the central heating system works and obtain instructions for the kitchen appliances. You should find out who to contact in the event that there are any problems.

On the date of entry you should obtain opening meter readings and report these to the gas and electricity suppliers. You should also report the change of ownership to the telephone provider and the local authority for council tax purposes. This will prevent you incurring charges that are the responsibility of the previous tenant.

The Scottish Executive provides a website at http://www.betterrentingscotland.com/ and is the useful information resource for all those planning to be involved in the private rented housing market.

Conclusion

Renting a property can be a complicated process and as a Tenant you will have not insignificant rights and obligations. Paris Steele W.S. has many years experience in advising Tenants and we will be happy to advise and assist you.

Leasing a Commercial Property - Tenant

If you plan to lease a shop or an office or some other commercial property you will have to provide the landlord with evidence that you will be able to pay the rent in the future. This may involve letting the landlord see a set of your accounts.

It may be advisable to have a survey of the property carried out to confirm that the rent that the landlord is asking is reasonable. Your solicitor will be able to organise this for you and to negotiate a rent with the landlord, if this is necessary.

In addition to you paying rent, you will be bound to pay rates to the Local Authority and probably the cost of insuring the property and keeping the property in good order. A Commercial Lease can be an extremely lengthy document and it is essential that you are aware of all the terms and conditions contained in it. Common terms within a lease will cover matters such as the Date of Entry, the length of the lease period, the payment of rent and its subsequent review, alienation, restriction on the use of the premises, insurance arrangements, provisions for alterations or improvements, irritancy, arbitration or alternative dispute resolution, and the repair and maintenance of the premises. Your solicitor will help you negotiate the terms of the lease.

Once you have entered into a lease of a commercial property then, if you wish to vacate the property before the end of the lease, you will have to find another tenant who is acceptable to the landlord. Until the landlord agrees to accept that tenant you will have to continue to pay rent, rates and all the other costs of the lease.

Paris Steele W.S. has many years of experience in dealing with the leasing of commercial property and we will be glad to advise and assist you.

Leasing a Commercial Property - Landlord

If you own a shop or office or some other commercial property and wish to let it out it is advisable from an early stage to have your solicitor involved. You will want to ensure that the prospective tenant pays the rent and your solicitor will negotiate the rental and terms of the lease with the tenant and/or the tenant's solicitor.

A tenant will be expected to pay the rent, rates and often the cost of insuring the property.

A commercial lease is much like a business agreement in that it sets out the parameters of a business relationship. Common terms within a lease will cover matters such as the Date of Entry, the length of the lease period, the payment of rent and its subsequent review, alienation, restriction on the use of the premises, insurance arrangements, provisions for alterations or improvements, irritancy, arbitration or alternative dispute resolution, and the repair and maintenance of the premises. It is important that a landlord understands the terms and conditions that the agreement will impose on him or her rather than only the obligations of the tenant. If the lease has not been carefully drafted a small problem can become a major problem in the future.

Paris Steele W.S. has many years of experience in commercial leasing and we will be glad to advise and assist you.

We want to help with your business property search. We know that securing the right property is essential for the success of your business and this is how we can help:

• Expert Knowledge and Experience in the local market – all of our solicitors live in the local area and know the market inside out.
• Surveys Arranged at competitive prices.
• Need Finance? We work with some great independent financial advisors and we’re sure they will find the right finance deal for you.
• Due Diligence – if you are taking on an existing business you will need expert advice on what to look for.
• Local Advice - Our conveyancing team is based here in the office – come in and see us, talk to us on the phone, or send us an e-mail. We’re here to help.

Here at Paris Steele W.S. we have many years experience in the purchase of business property both in East Lothian and all over Scotland and will be glad to advise and assist you.

If you are considering selling your business property the first person to contact is our Property manager who can guide you through all the requirements.

We offer a full and comprehensive Estate Agency Service which includes:

• A Free Pre-Sale Market Appraisal of your Property
• Bespoke Colour Sales Particulars
• Personalised For Sale Boards
• Professional Photography
• Floor Plans
• Commercial Energy Performance Certificates arranged at very competitive prices
• Pre-sale advice on documentation that your purchaser will need such as Asbestos Risk Inspections, Fire Risk Assessments and compliance with the Disability Discrimination Act.
• Free listing on the Paris Steele W.S. website
• Accompanied viewings if required
• Weekly reporting
• A friendly and approachable service
• Local Expertise

Your business property can also be listed in the Edinburgh Solicitors Property Centre (ESPC) website and displayed in their George Street Edinburgh showroom. Further press and website advertising can be arranged for you to maximise your local and national exposure.

Once your property is sold the legal work, known as conveyancing, will be dealt with by one of the solicitors based in this office.

Here at Paris Steele W.S. we have many years experience in the sale of business property both in East Lothian and all over Scotland and will be glad to advise and assist you.