Corporate & Commercial

Ferbrache & Farrell LLP’s corporate department offers full service corporate, banking and commercial cover and is able to advise on all aspects of Guernsey corporate and commercial law, including banking and finance, regulatory, investment funds, asset management and listings on The International Stock Exchange (TISE).

Latest Insight
11 April 2025
Insight
At F&F LLP Property Teams (Guernsey Property Team & UKRE Team), we understand that purchasing a property is one of the most significant investments you’ll…
Dispute Resolution

The Dispute Resolution department at Ferbrache & Farrell LLP has vast experience of local and international litigation and dispute resolution generally, gained from acting in complex local and international high-value disputes, both in Guernsey and throughout the world.

Latest Insight
16 April 2025
Insight
When is a debt not a debt?  When does a claim of prescription fail?  Lawyers frequently throw the concepts of prescription and limitation around (and…
Property

The Guernsey property department is dedicated to providing tailored solutions that meet and exceed clients’ expectations. In addition, the property department provides support to colleagues in the corporate and dispute resolution departments on real estate-related technical points of law.

Latest Insight
13 May 2025
News
We are thrilled to welcome Sarah Gaudion and Knatachaa Cardwell to the growing property team at Ferbrache & Farrell LLP. Their expertise, dedication, and passion…
UK Real Estate

We are delighted to help in relation to providing legal advice for real estate in England and Wales. We listen. We learn what your needs are. We proactively respond. Whether it’s personal or commercial property, we always provide sound and pragmatic advice, adding value to the transaction.

Latest Insight
21 May 2025
News
The UK House Price Index for March 2025 has been published today. The annual price rise of 6.7% has taken the average property value to…
Private Client

Our services for private client matters include the drafting of realty and personalty wills, acting as professional executors, and assisting foreign lawyers who have requirements in this jurisdiction.

Latest Insight
11 April 2025
Insight
At F&F LLP Property Teams (Guernsey Property Team & UKRE Team), we understand that purchasing a property is one of the most significant investments you’ll…

UK House Price Index for March 2025

The UK House Price Index for March 2025 has been published today.

The annual price rise of 6.7% has taken the average property value to £296,000.

The North East recorded the most significant monthly increase, with prices rising by 4.2%. London saw the largest monthly price fall, with a decline of 0.3%.

Looking at annual changes, the North East experienced the strongest growth, with prices increasing by 14.3%, while London recorded the lowest annual price growth at 0.8%.

For more information click here.

If you need further information or legal advice, including conveyancing services in England, please contact our dedicated UKRE team: Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant, who will be delighted to assist.

The Land Registry has published today the UK House Price Index for February 2025 (UK HPI), revealing the latest trends in the property market. House prices across the UK have remained steady since January. Despite this stability, there has been a notable annual price increase of 5.4%, bringing the average property value to £268,000.

In England, house prices saw a modest monthly rise of 0.3%, with an annual increase of 5.3%, resulting in an average property value of £292,000. Yorkshire and the Humber experienced the most significant monthly growth, with a rise of 1.6%, while London recorded the sharpest decline, with prices dropping by 1.1% compared to January.

Looking at annual trends, the North West led the way with an impressive 8% increase, whereas London saw the lowest annual price growth, rising by only 1.7%.

What does this mean for buyers and sellers? The property market remains dynamic, with regional variations shaping opportunities and challenges. Stay tuned for further updates as the market continues to evolve.

For further details click here.

If you need further information or legal advice, including conveyancing services in England, please contact our dedicated UKRE team: Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant, who will be delighted to assist.

 

 

The Land Registry has published the UK House Price Index for January 2025 (UK HPI).

The January data shows that, on average, house prices have risen by 0.2% since December 2024. There has been an annual price rise of 4.9%, making the average property in the UK valued at £269,000.

In England, the January data indicates that average house prices rose by 0.2% since December 2024. The annual price rise of 4.8% takes the average property value to £291,000.

The regional data for England reveals that London experienced the most significant monthly increase with a movement of 2.3%. Conversely, Yorkshire and the Humber saw the greatest monthly price fall, with a decrease of -0.6%. The North East experienced the greatest annual price rise, up by 9.1%, while London saw the lowest annual price growth, with a rise of 2.3%.

These figures highlight the dynamic nature of the housing market, with regional variations playing a significant role in overall trends. As we move forward, it will be interesting to see how these patterns evolve and what factors will influence future changes in property values.

For more details, please visit the official report here.

If you need further information or legal advice, including conveyancing services in England, please contact our dedicated UKRE team: Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant, who will be delighted to assist.

The Law Society of England and Wales has unveiled a new two-form approach to the TA6 property information form following an extensive consultation process.

This change aims to streamline the English conveyancing process and address the complexities faced by conveyancers and their clients.

Key Changes:

6th Edition TA6 Property Form:

  1. Mandatory for Conveyancing Quality Scheme (CQS) members starting March 2026.
  2. Designed for use when an offer has been accepted.
  3. Provides buyers with comprehensive information about the property before they commit to purchasing.
  4. An improved version of the 4th edition.

Material Information Form:

  1. Optional for CQS members.
  2. Intended for use by conveyancers who accept instructions from sellers before listing the property.
  3. Helps sellers gather essential information recommended for estate agents to market the property.

Implementation & Support from the Law Society:

  1. User Testing: This will be conducted with conveyancers, sellers, and buyers to ensure the forms are fit for purpose.
  2. Extended Implementation Period: Begins in October 2025, with compulsory adoption in March 2026.
  3. Training and Information: This will be provided for conveyancers and their clients.
  4. Consultation on Protocol Amendments: There are ongoing discussions with members on proposed changes to the National Conveyancing Protocol.

The Law Society acknowledges the challenges faced by its members, especially with the looming stamp duty tax deadline, and assures that there will be no overnight changes to the existing forms. The new forms aim to simplify the conveyancing process and provide clarity for all parties involved.

Stay tuned for further updates and detailed guidance from the Law Society and from our UKRE Team as the implementation date approaches.

If you need further information or legal advice, including conveyancing services in England, please contact our dedicatedUKRE team: Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant, who will be delighted to assist.

The UK government is set to ban new leasehold flats in England and Wales, aiming to overhaul home ownership.

The current leasehold system, where freeholders own buildings and leaseholders buy the right to occupy flats, is intended to be replaced by commonhold, giving homeowners ownership and control over their buildings.

While freeholders argue that leasehold is effective for managing large complexes, the government is committed to making it easier to convert existing leaseholds to commonhold.

A white paper has announced the ban on new leasehold flats and the introduction of a new legal framework for commonhold, with a draft bill expected later this year.

Building management companies attribute the rising costs to legitimate expenses like energy prices and inflation, but many leaseholders feel these costs are unfair and constantly rising.

Currently, freeholders appoint managing agents, but under commonhold, residents would have more control over payments and maintenance decisions.

Leasehold vs. Commonhold:

  • Leasehold: Property reverts to the freeholder after a fixed period.
  • Commonhold: Property is owned outright, like a freehold house.
  • Commonhold Benefits: Homeowners control the annual budget, hire/fire managing agents, and face no ground rent or forfeiture threats.

Reactions:

The National Leasehold Campaign (NLC) is delighted with the announcement, calling it a significant step forward.

NLC founder Katie Kendrick emphasised the importance of addressing the needs of current leaseholders, stating that commonhold conversion mechanisms are essential for those trapped in the current leasehold system.

Housing Minister Matthew Pennycook assured that the government would continue implementing reforms to help millions of existing leaseholders.

If you need further information or legal advice, including conveyancing services in England, please contact our dedicated UKRE team: Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant, who will be delighted to assist.

As a gentle reminder from our UK Real Estate (UKRE) team, significant changes to Stamp Duty Land Tax (SDLT) in England are set to take effect from 1 April 2025. These changes will have notable implications for both buyers and sellers in the property market. Below, we outline the key updates and their potential impacts.

Key Changes

Threshold Adjustments

One of the primary changes involves adjustments to the SDLT thresholds. The nil-rate band for standard property purchases will revert from £250,000 to £125,000. This means that buyers will now pay SDLT on properties valued above £125,000, rather than the previous threshold of £250,000. For first-time buyers, the nil-rate band will decrease from £425,000 to £300,000, making it more challenging for them to avoid paying SDLT on higher-value properties.

Rate Increases

In addition to the threshold adjustments, there will be increases in the SDLT rates. Standard rates will be applied as follows: a 2% rate on property values between £125,001 and £250,000, and a 5% rate on values between £250,001 and £925,000. Furthermore, buyers of additional properties, such as second homes or investment properties, will face higher rates due to a 2% surcharge on top of the existing rates.

Impacts

Increased Costs

These changes will result in higher upfront costs for buyers. First-time buyers, in particular, will now have to pay SDLT on properties valued over £300,000, which could make it more difficult for them to enter the property market. Investors and buyers of additional properties will also experience increased costs due to the higher surcharge, potentially affecting their investment decisions.

Market Activity

The impending changes are likely to influence market activity in the months leading up to April 2025. We may see a surge in transactions as buyers rush to complete their purchases under the current rates, aiming to avoid the higher costs. However, once the new rates take effect, the market could experience a slowdown. Higher costs may reduce demand, leading to longer selling times and potentially lower property prices.

Regional Differences

The impact of these changes will vary across different regions. Areas with higher property values, such as London and the Southeast, are expected to feel the effects more acutely. Buyers in these regions will face significantly higher SDLT costs, which could influence their purchasing decisions and overall market dynamics.

What’s Next

For those planning to buy property, it is advisable to complete your purchase before April 2025 to take advantage of the current SDLT rates and potentially save thousands of pounds. Sellers may find that the early months of 2025 present an opportunity for quicker sales or higher offers due to increased buyer activity.

Planning ahead and seeking professional advice will be crucial to navigating these changes effectively. If you need further information or legal advice, including conveyancing services in England, please contact our dedicated UKRE team: Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant, who will be delighted to assist.

Our readers may have heard the news from Matthew Pennycook (the Housing and Planning Minister) that the UK Government is now fully committed to digitalising the conveyancing process.

The Minister says: “We are streamlining the cumbersome home buying process so that it is fit for the twenty-first century, helping homebuyers save money, gain time and reduce stress while also cutting the number of house sales that fall through.”

Of interest is that the jurisdiction of Norway has been referenced as an example of how well digitalisation can work, with transactions completing in around one month.

Government statistics suggest that transactions which fail to complete can be as many as one in three (30,000 annually), with associated costs of £400m per year, and with a further four million working days lost by those in the industry (valued at a significant £1bn).

Full details of the press release can be found here.

We at Ferbrache & Farrell LLP have written many articles about HM Land Registry and its transformative development through ongoing digitalisation. Anything which can help the wider conveyancing process become more frictionless can only be a beneficial step forward.

As part of the new commitment, a number of pilot projects are being set up by Government, in collaboration with HM Land Registry, and supported by a Digital Property Market Steering Group.

We await with interest the ensuing developments, and our team are already enthusiastic, early adopters of relevant technology to best help our clients.

For further information about any UK Real Estate matters, including selling, buying, leasing, or financing, please do not hesitate to contact Anna Douglass or Alastair Hargreaves, or any member of the UK Real Estate team at Ferbrache & Farrell LLP and who will be delighted to help.

“ ‘I do regret it a bit’: Grandfather has a motorway built AROUND his house after turning down £180,000 compensation package” (Daily Mail, 24 January 2025).

As English and Guernsey property law specialists, we often come across news stories which pique our interest.  The headline above and picture below certainly made us pause.

At its most basic, and as the name suggests, ‘compulsory purchase’ is the process by which a public body, often a government, uses legislative authority to override private law rights of ownership to acquire land, in exchange for a payment or other form of compensation.

The act of compulsory purchase is generally used when offers to purchase in more traditional ways (typically negotiations) have not succeeded, and the target land in question is necessary for a significant infrastructure project, or similar.

In England, for example, compulsory purchase powers have been used in relation to the train route for HS2. Statutes and regulations around this subject area include the Levelling-up and Regeneration Act 2023, the Planning Act 2008 and the Compulsory Purchase of Land (Vesting Declarations)(England) Regulations 2017.

In Guernsey, such powers were recently engaged by the States of Guernsey to acquire land for the airport runway extension.  Here, the governing law is the Compulsory Acquisition of Land (Guernsey) Law, 1949, as variously amended (latterly in 2010), and as supported by the Compulsory Acquisition of Land (Guernsey)(Prescribed Forms) Regulations, 2011.

As one would expect, when a public body overrides the private rights of an individual, the legal steps and protections are very complicated and complex.  The process often takes years and may be the subject of numerous legal challenges.

On a human level, many of us may know stories of people who changed the position of a skyscraper, or who altered the landscape by staying put, and such stance often attracts media interest for this reason.

As the photograph below suggests (and ignoring for the sake of artistic licence the jurisdiction of the location), compulsory purchase powers do not always work!

For any property matter in England or in Guernsey, please do not hesitate to contact Anna Douglass or Alastair Hargreaves who will be pleased to assist.

The HM Land Registry (HMLR) has published the UK House Price Index for November 2024.

The latest data for November reveals some interesting trends in the UK housing market. On average, house prices have seen a slight decline of 0.4% since October 2024. Despite this monthly dip, there has been an annual price increase of 3.3%, bringing the average property value in the UK to £290,000.

England Highlights

Overall Trends: In England, house prices have mirrored the national trend, falling by 0.4% since October 2024. However, the annual price rise of 3% has pushed the average property value to £306,000.

Regional Variations:

  • North East: This region experienced the most significant monthly increase, with house prices rising by 1.1%. Additionally, it saw the greatest annual price rise, with an impressive increase of 5.9%.
  • South West: The South West faced the largest monthly price fall, with a decrease of 1.8%.
  • London: The capital city recorded the lowest annual price growth, with a minimal rise of just 0.1%.

These figures highlight the dynamic nature of the housing market, with regional variations playing a significant role in overall trends. As we move forward, it will be interesting to see how these patterns evolve and what factors will influence future changes in property values.

For more details, please visit the official report here.

If you need further information or legal advice, including conveyancing services in England, please contact our dedicated UKRE team: Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant, who will be delighted to assist.

Ho ho ho! The HM Land Registry (HMLR) has delivered an early Christmas present with the UK House Price Index for October 2024.

🎅 Santa’s Highlights:

Average House Prices: Up by 0.2% since September 2024, bringing festive cheer to homeowners.

Annual Price Rise: A jolly 3.4%, making the average property in the UK worth £292,000.

🎁 England’s Stocking Stuffers:

Monthly Increase: A slight 0.1% rise since September 2024.

Annual Growth: 3%, with the average property value now at £309,000.

🎄 Regional Christmas Surprises:

South West: The star on top of the tree with a 1.5% monthly increase.

North East: A bit of a Grinch with a -1.6% monthly fall, but still the highest annual rise at 4.7%.

London: A modest -0.2% annual growth, but still sparkling in the festive lights.

For more details, unwrap the full report here.

If you need further information or legal advice, including conveyancing services in England, our dedicated UKRE team – Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant – are here to spread holiday cheer and assist you.

Wishing you a Merry Christmas and a prosperous New Year from our UKRE Team.