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Dec 14, 2023

WHAT ARE MY ACCESS RIGHTS AS A LANDLORD ?

If you’re a landlord, you may be wondering whether your tenants have the right to refuse you entry to your own property. Here at New Oak Estates, we often meet landlords who are uncertain of their access rights, so here is our expert guide to help you understand your legal position. It’s My Property – Surely I Can Enter It At Any Time? This is a common mistake that many landlords make. While it’s true that you own the property, by entering into a rental agreement with a tenant, you’ve effectively handed over the rights to use and live in the property to your tenant. Thus, while you’re the property’s owner, the tenant has rights too. The “covenant for quiet enjoyment” is a legal term that basically means your tenant can live in your rental accommodation without you (or your letting agent) hassling them. Furthermore, once you’ve granted the tenancy, you can’t expect to legally treat your property as your own. With this in mind, it may appear that you are unable to enter the property if your tenant refuses to admit you. However, there’s a lot more to be considered. The Landlord’s Right Of Entry Your tenants may have an entitlement to “quiet enjoyment” of your rental property, but you do still have the right of entry in certain circumstances. There are three reasons you can enter the accommodation: To inspect it. To carry out repairs or address an emergency such as a fire, flood, criminal activity, or structural damage. To provide a service such as gardening or cleaning (these instances must be covered within your tenancy agreement). Must I Give The Tenants’ Notice? In general, you must let your tenants know that you (or your representative) will be entering the property at least 24 hours before you do so. However, you can enter your property legally with no permission or notice in an emergency. Can The Tenant Refuse Me Entry? A tenant can refuse to let you into the property, but in most cases, if you offer them the opportunity to change the date and time, the problem can be solved quickly and easily. Occasionally, though, landlords may encounter a tenant who refuses access repeatedly. If this occurs, landlords have a few options open to them. Negotiate. The first course of action any landlord should take is to talk to their tenant and try to arrange an alternative day and time. Sending emails is the best way to ensure you have digital evidence should the matter escalate. Tell the tenant they’ll be liable for costs if there is a deterioration of the property’s condition due to the denied access. The tenant should also be told that the landlord will no longer take responsibility for any damage to the tenant’s property or injuries to the tenant themselves if it is caused due to the refused access. Take legal action. If the above efforts fail, the next step is to seek advice from a solicitor. In a worst-case scenario, a court order can be obtained to evict the tenant. Why Can’t I Just Enter My Property Even If The Tenant Refuses? It’s very unwise to enter your rental property if the tenant hasn’t permitted you to do so since it would represent an abuse of your tenant’s trust. You could also be putting yourself at risk of an accusation of property damage or theft which could be very difficult to disprove. At New Oak Estates, we’re highly experienced in rental property management in Chesterfield. Don’t hesitate to get in touch with us at info@newoakestates.co.uk or on 01246 211646 to find out more about how we can help with renting out your property. If you have any questions about your rental property - feel free to email me paul.flitter@newoakestates.co.uk

Aug 18, 2023

WHAT MUST I LEAVE WHEN I SELL MY HOME IN CHESTERFIELD

What Must I Leave When I Sell My Home In Chesterfield Which Fittings And Fixtures Will Be Needed After Moving Out? If you’re ready to sell your home in Chesterfield, you may be wondering what you must leave behind when you sell your property. It’s often hard to decide what to leave behind and what to take with you when you move out. In fact, there aren’t any laws to dictate what you must leave within the property, but it goes without saying that your buyer may be upset or angry if they don’t know what you’ll be taking with you. It’s helpful to think about what you expect the property’s former owners to leave behind when you’re buying their home. Which fittings and fixtures will be needed after moving out? Once you’ve decided, put it all down in writing then confirm the buyer’s agreement, and remember the house has to be empty on completion day. As expert estate agents in Chesterfield, our team at have some great advice about what you may want to leave when selling your home. An Inventory Of Fittings And Fixtures To avoid disputes and confusion, an inventory that explains specifically what will be included within the sale and what you’ll be taking with you is very helpful. You should complete this and agree on it early in the process as, without there being an inventory in place, many buyers assume all fixtures and fittings are going to be included in the sale. Fixtures are any items permanently fixed to the structure of the property such as bathroom and kitchen suites, inbuilt wardrobes and cupboards, plugs, light fittings, radiators, and boilers. Fittings are any freestanding items, or items hung on a nail or hook such as lampshades, mirrors, carpets, ovens, washing machines, freestanding fridges, curtains, beds, curtain rails, sofas, and freestanding furniture. If you want to take or leave any specific fixtures or fittings, try negotiating with your buyer. What About Lightbulbs? There’s no legal obligation to leave the lightbulbs behind when you move out unless it’s stated specifically in the contract. However, many sellers choose to leave them since it’s a little petty to remove them and most home movers would like to think that the ‘leaving the lightbulbs in’ option will continue down the chain! You must, however, replace or leave light fixtures when you move out since exposed wires represent a hazard. Do I Take The Wheelie Bin With Me When I Move? When moving out, you should never take the wheelie bin! You’ll have a bin at your new home, and it’s very unlikely that the people who will be moving to your property will bring one with them. It’s also generally acceptable to have some rubbish left behind in the bin when you move out. If you do this, though, make sure that there’s enough space remaining inside the bin so that the property’s new occupants can add their own rubbish to it until bin collection day. If there is excess rubbish, it should go to the tip. If you’re ready to sell your home in Chesterfield and are looking for an experienced estate agent to list your property, call us on 01246 211646 today.

Aug 11, 2023

COMMON MISTAKES THAT CAN REDUCE THE VALUE OF YOUR PROPERTY

Common Mistakes That Can Reduce the Value of Your Property in Chesterfield Selling your home in Chesterfield is a huge undertaking, so of course, you want to make the right decisions to achieve the proper resale value for it. Some of the decisions surrounding resale value are more involved than the basic preparation you do when placing your home on the market and of course, these specific decisions can be made months or years before you actually consider selling your home, so you may not even think about it until it’s too late and the value of your home has plummeted. So, if you’re considering selling your home in Chesterfield anytime soon, it’s time to start thinking about your property through the eyes of potential buyers. As property experts, here at New Oak Estates we know all too well the common mistakes you may make that can reduce the value of your home. But we also know how to remedy them. Setting the price unrealistically high Everyone would like to think their home is worth more than their neighbours’ home, especially after finishing a renovation or upgrade of some kind. However, the truth is that your home is really only worth what someone else is willing to pay for it. You have to be realistic about the value of your home when setting your price. If you set your price at an unrealistically high number, it could sit on the market for months without selling. The longer a property is on the market unsold, the more unattractive it becomes to potential buyers. You may inevitably end up slashing the price to meet expectations, which may make potential buyers question why the price has been reduced so much. It’s a position you don’t really want to put yourself in, so getting a realistic valuation from the start is important. At New Oak Estates, our experienced valuers will always provide you with an honest market appraisal to ensure your property attracts interest. Not deep cleaning your home before viewings Nobody wants to view a home that is dirty for two main reasons: one, it’s definitely not appealing, and two, it invariably means that the new homeowner will eventually need to spend time, money and effort cleaning it themselves. Major issues like carpet stains and grubby or mouldy tile grout can leave a poor impression on potential buyers when they view your home. In terms of carpet stains, you may be used to ignoring them every day but an interested buyer will notice them immediately. If an offer is forthcoming, your buyer may then look to negotiate on the asking price to cover the cost of replacing the carpet or having it professionally cleaned before moving in. In terms of tile grout, ignoring it is detrimental to the sale of your home. It’s one of the most tedious chores, yes, but leaving dirt along your tile grout can create permanent discolouration, ruining the look of your tiles forever. Even worse, if the area is humid, mould and mildew can build up and can become a major problem. When it comes to cleaning, being proactive is the best course of action. Make sure you regularly clean your home and deal with any spills before they set, which makes them much more difficult to remove later on. Not properly maintaining your home Taking care of the mechanics of your home is important, especially when it comes to your plumbing and heating. These are directly related to your monthly utilities and can be costly to repair when a big problem arises. Sometimes these issues are unavoidable, but with the right maintenance and care in the long term, smaller problems can be taken care of with plenty of time before they get worse. Potential buyers are likely to ask questions about the state of the plumbing and heating and will be less likely to want to offer on a home that has a history of high utility bills or will need major repairs in the near future. Not updating decor Old, outdated design trends will make your home look dated, which can lower the value of your home simply because potential buyers know they will need to spend money to update the decor once they move in. Wood panelling is a major culprit in this regard, even if it’s restricted to small areas. Viewers will be a little more inclined to offer on your property if the decor is modern and fresh. Letting personal taste get involved When showing your home to potential buyers, you’re trying to get them to imagine their new life in their new home, so having your personal taste right in front of their noses can make this difficult for them. Brightly painted walls in colours that are unusual, having too much wallpaper, or having unique or over the top design elements throughout your home is a major turn off. It just means more work once the new owners move in as they try and get the property back to a neutral state. Before putting your home on the market try and make it look as neutral as possible so it can appeal to a wider number of people. Painting the walls and stripping wallpaper is a good start! For no-obligation advice on buying or selling a home in Chesterfield please contact our expert property team at New Oak Estates on 01246 211646 or call in and see us. We look forward to seeing you.

May 25, 2023

WHAT HOUSE MOVING COSTS ARE THERE?

If you’ve been thinking about buying a house in Chesterfield, you’ll be daydreaming about how many bedrooms you need, what the garden is like or if it’s in the right school catchment area and has a garage. These are all important factors when deciding on a new home, and it’s probably the case that the emotional heart will rule. But, sit back and work out the financial implications of moving house – it may be the head rather than the heart in this case, but it’s important as you plan the next chapter in your life. Here at New Oak Estates we have the expertise to take you through some of the critical factors when thinking about the money side of moving house in Chesterfield. The Legal Fees Aside from the actual cost of the house and the mortgage repayments, one of the first things to do is think about the legal fees. Conveyancing companies and solicitors are the ones who focus on property. Many have almost instant conveyancing quotes on their website. You will need to key in basic financial figures, and they’ll tell you roughly how much it will cost in legal fees. They will also look at searches that will be needed, such as local authority searches, existing planning permissions and specific things such as mining reports and building regulations. Your legal people should also highlight other costs such as the Land Registry fee which comes in when the property is registered in your name. Estate Agent Costs If you’re selling your house, then your estate agents’ costs will need to be factored in. The fee varies, depending on the level of service that will be delivered to you or whether you choose an internet-based agent, but you can expect to pay between one per cent and three per cent of the sale price plus VAT which is 20 per cent. Call us on 01246 211646 for our competitive fees. Removal Companies The chances are that you will need a removal company to help you, particularly with the big items. The cost of this will vary because companies will calculate such things as how many bedrooms, the distance between houses, and whether specialist services are required. It could be as little as £400 to well over £1,000. Our advice is that you decide precisely what you need and then shop around to get quotes and see what the customer service is like. Have a look at online review sites too as these could give you a good indication of how good a company is. Stamp Duty If you buy a property or land in England that’s over a certain price, you have to pay Stamp Duty. How much you pay depends on several factors, but you should expect to pay a certain percentage of the value of the property. For example, a £255,000 property would mean a Stamp Duty payable of £2,750. There are a number of websites that offer a Stamp Duty Calculator, and the Government website (www.gov.uk) will tell you what it’s all about. If you need help, we’ll help you work out how much to “set aside”. Mortgage Fees Most people will have to obtain a mortgage to buy a house. Rates and payments will vary depending on the lender, but there are a number of typical costs associated with a mortgage. There will be booking fees and arrangement fees, and because the lender will need to know the value of a property, you’ll need to arrange for an independent valuation too. Booking fees can be between £150 and £300, arrangement fees might be around £2,000, and a mortgage valuation fee could be anywhere between £150 and £1,500 depending on the lender and the property. It’s worth noting that low rates might not mean low fees, so be careful to look at the details. Insurance When you’ve completed, chances are you’ll quickly get the keys. It’s an exciting time, and you’ll have packed everything, the removal van will be ready, and you probably can’t wait to get in. Something you need to do straight away though is the insurance. Once the property is yours, it needs to be insured. You’ll need buildings insurance to cover the bricks and mortar, and contents insurance too as this will cover your belongings and possessions. The cost of this will vary because no two properties are the same, and you will have different possessions. The key is to do your research and get everything in place before the day, and then it should be a case of pressing the button. For no-obligation advice on buying or selling a home in Chesterfield please contact our expert property team at New Oak Estates on 01246 211646. We look forward to assisting you.

Dec 1, 2022

A LANDLORD’S GUIDE TO THE “COVENANT OF QUIET ENJOYMENT”

When it comes to rules and regulations, there’s a lot that landlords need to keep in mind, and it isn’t surprising that here at New Oak Estates, we often encounter some confusion, especially when it comes to their right to access the property. After all, legally, a landlord is held responsible for repairs and safety, and they can be hit with financial penalties if they fail to comply. But if they enter their property without permission from the tenant, they may end up being sued for trespassing and breaching their tenant’s rights under the “Covenant Of Quiet Enjoyment”. Here, we take a closer look at this covenant and what it means for both landlords and tenants alike. What Are The Rights Of The Tenant? Tenants legally are entitled to “Quiet Enjoyment” of their rental property. This covenant has been implied or expressed in leases and conveyances for centuries. Essentially, it means that landlords must allow their tenants to reside in their property with no undue interference. The term “quiet enjoyment” is frequently misunderstood and misinterpreted. As long ago as 1888, landlords were confused by the use of the word “quietly” in this context. In the case of a tenant’s rights, “quietly” simply means “without interrupting their possession of the property” rather than “without noise disturbances”. In brief, it means the tenant is entitled to live at the property peacefully without the landlord (or anybody who acts on their behalf) disturbing them. What Are The Rights Of The Landlord? The 1988 Housing Act and the 1985 Landlord and Tenant Act both state that all tenancy agreements should have a covenant stating that tenants are required to give the landlord reasonable access to carry out repairs on the property. Landlords are also legally entitled to view their property’s condition as long as they give at least 24 hours notice about the visit in writing and only access the property during “reasonable” hours. Achieving The Right Balance Landlords in Chesterfield generally experience two kinds of tenants – ones who are happy to allow them to access the property without any issues and who are happy their landlord is actively maintaining their property and ones who demand that they’re present during any inspection or maintenance visits. As the landlord, it’s down to you to determine the best way to work with your individual tenants and to forge a positive relationship with them. Although it can be difficult to balance your legal obligations as a landlord with your tenants’ rights under the “Covenant of Quiet Enjoyment”, it’s entirely possible to manage the situation effectively if both parties can adopt some pragmatism and mutual respect. When you work with the lettings team at New Oak Estates, we will handle all aspects of liaising with your tenants and ensure that you remain compliant with your legal obligations at all times. Get in touch with us today by giving us a call on 01246 211646 or send us an email to info@newoakestates.co.uk. We’re looking forward to working with you.

Nov 25, 2022

HOW TO WINTERPROOF YOUR HOME

Winter(proofing) is coming… In many ways, this has been a strange year, hasn’t it? But, you can rely on the seasons to come and go and soon it will be winter. Some people don’t like the cold and the snow and the rain, while some people believe it is a magical time of year. Whatever your thoughts, it is now getting closer to the time when you will need to winterproof your home and garden. It’s important, but not everyone thinks of winterproofing. It can save you money, and it can ensure that your house is ready for the harshest of weathers. Here are our top five tips when it comes to winterproofing your home. In the Garden It’s obvious that winter can play havoc with your garden. All those plants you’ve been tending to over the spring and summer months are in for a shock when the cold weather kicks in. So, it’s best to look at what needs doing and to make a list of all the tasks that need completing before the frost sets in. Are there plants that can come indoors, or be placed in a garage or a shed? Do you need to get protective covers for plants that have to stay outside but are not necessarily hardy enough for a UK winter? Perhaps you have been tending to ornamental bay leaf trees that need plastic hoods for winter? Maybe you need to get a few pots so that plants can be transferred to a little nook in the garden that is secluded from the winds? Tip: If you can’t store garden furniture in a garage or shed, make sure you buy a protective cover for it. You don’t want your items to be damaged over winter and it will cost you money to replace them once the weather turns better. Maintain your House However well-built, houses can suffer when the bad weather kicks in. But there are things you can do to ensure that your property is ready for the harsh onset of winter. Do the gutters need clearing out? Are any drains clear from leaves? Is there a little crack in a windowpane that you have been meaning to get sorted? Tip: Treat your home like a project. Make a list of everything that you think needs doing and go through it methodically. It’ll save you time and money in the long run. Boiler Blues Commercial properties and buy-to-rent homes must have the boilers regularly serviced, but homeowners don’t always think of doing this. When it comes to winter, it’s when you’re going to need a boiler working and in tip-top condition. Have a look for a reliable plumber to come and service your boiler. After all, a broken boiler will mean you get cold and it could also cost you money. Tip: We know some excellent trusted tradesmen, so get in touch with us and we will steer you in the right direction. Insure your Future Your house is your home, but winter does not care whether your home is your castle or not! Freezing water can cause pipe issues, wind can rip tiles from roofs, and storms can whip up trouble from falling branches. Check your insurance is up to date and that it covers everything you need it to do. There will always be some things you cannot claim for, but if your home is well-maintained and the insurance is right, you’re more likely to be able to make a claim if needed. Tip: Do a paperwork audit. If you’re checking your insurance, have a look to see that everything else you need is in order too. Insulate to Accumulate Older houses in particular sometimes have a problem with insulation. You’re heating your home but that heat is seeping out, perhaps through the roof or small gaps in door and window frames. Make sure there is loft insulation and that there is enough of it. Good insulation is not just about keeping warm, it’s about keeping your bills down too. Tip: Don’t forget to lag your pipes. Hardware stores will have all you need and you don’t need to use a qualified plumber to install it. Because we at New Oak Estates have bags of experience with many different types of homes, we know a little bit about preparing for winter too. Give us a call on 01246 211646 for advice. You never know, we might even have a house for sale that is a perfect winter hideaway for you!

Nov 18, 2022

HOW MUCH IS MY LANDLORD ALLOWED TO INCREASE MY RENT BY IN A SINGLE YEAR

If you’re a tenant, you’re probably already feeling the bite due to the cost of living crisis. So, the prospect of facing a rent increase is the last thing you want to think about. Unfortunately, rent increases are a fact of life. So, here, we take a look at how much your landlord is allowed to increase your rent by, and when they’re allowed to do it. When Can My Landlord Ask To Increase My Rent? The good news for tenants is that your landlord cannot simply increase your rent just because they feel like it. There are rules about rent increases that landlords must follow. If you have a month-by-month or week-by-week periodic tenancy, your landlord isn’t usually allowed to increase your rent more than once per year – unless you agree to it. If you have a fixed-term agreement that runs for a specified period of time, your landlord is only permitted to increase your rent with your agreement. If you don’t agree, the landlord is only allowed to increase the rent once your fixed term has ended. Does My Landlord Have To Give Me Notice Of A Rent Increase? In most cases, an assured shorthold tenancy will start out as a fixed-term agreement, however, over time, some evolve into a periodic tenancy. You need to understand the kind of tenancy agreement you currently have. Your landlord can’t insist on increasing your rent during your fixed-term tenancy unless there is a clause about rent reviews in the agreement. If you do have one of these clauses in your agreement, your landlord can increase the rental amount during your tenancy but the agreement must state explicitly when and how those rent increases will occur. If there isn’t a rent review clause in your agreement, your landlord should give you six months notice of a rent increase if you have a 12 month tenancy agreement. If your tenancy is a periodic one, your landlord must give you at least a month’s notice. How Much Is My Landlord Allowed To Increase My Rent By? Your landlord is allowed to increase your rent to any amount they see fit, but of course, it must be within reason. There is a government stipulation that says landlords have to be realistic and fair regarding rent increases, so that means your rent should only go up in line with the local average for your property type. If you currently rent a two-bedroom terrace for £800 per month and similar homes in your area fetch £1000, it’s within your landlord’s rights to demand an increase in your rent of £200 per month. Should your landlord ask you to pay an extra £500 per month, though, that increase would fail the “realistic and fair” test, and you’d be entitled to challenge the demand. Can I Refuse A Rent Increase? If you believe your landlord’s proposed increase is unfair and unrealistic, you can challenge the proposal. Nevertheless, discussing the situation with your landlord is always wise before taking legal action. Most landlords are prepared to come to some kind of agreement with you, particularly if you’ve always been a reliable tenant. Even if you plan to take your landlord to a tribunal regarding their proposed rent increase, you must continue to pay your rent, as failure to do so could result in your eviction. If you’re looking for a rental property or need more advice about rent increases, get in touch with our experts at New Oak Estates on 01246 211646.

Nov 11, 2022

AS A SELLER, WHAT DO I NEED TO KNOW ABOUT CAPITAL GAINS TAX?

If you’re selling a property, you may have heard about Capital Gains Tax and may be wondering whether or not you’re liable to pay it. As experts in property, our team at New Oak Estates are on hand to give you all the guidance and information you need. Capital Gains Tax – An Overview Capital Gains Tax (or CGT) is taxation on the profits if you sell an asset that has grown in value. This definition can be confusing, so here’s an example of how it works. If you bought a property for £400,000 and then sold it for £450,000, the profit you have made is £50,000. That means you would need to pay CGT on the £50,000 profit, not on the full sale price of £450,000. Do All Property Sales Incur CGT? Not every property sale is liable for Capital Gains Tax. If the property you’re selling is your primary residence, you’ll automatically have eligibility for Private Residence Relief so long as: You’ve lived in the property as your primary home throughout the entire period you’ve owned it. Part of it hasn’t been let out (this doesn’t include having lodgers). No part of the property has been used exclusively for business purposes. Its grounds are under 5000sqm. The property wasn’t purchased solely to make gains. For these reasons, most sellers won’t be liable for CGT. When Must CGT Be Paid When Selling A Property? If you’re selling a second home, you’ll usually need to pay CGT. You’ll also usually be liable for Capital Gains Tax if you’re selling a buy-to-let home. If you inherit a property, you won’t need to pay any Capital Gains Tax until you decide to sell it, and if you’re gifting property to your civil partner, spouse, or a registered charity, no CGT is usually owed. How Do I Calculate Capital Gains Tax? To calculate the amount of CGT you owe, you need to subtract the price you paid for your property from its selling price to work out the profit. The government website has a handy online calculator that you can enter this figure into to determine the amount you need to pay, but there are some considerations to take into account first, since they could affect how much you owe overall: The Capital Gains Allowance. Your share of a jointly owned property. Allowed deductions such as estate agent and solicitors’ fees and home improvements. Tax relief. Special circumstances such as compulsory purchase. We always recommend you consult a Capital Gains Tax professional who will be able to answer questions relating to your individual circumstances. Selling Your Home If you’re ready to sell a property, whether it’s your primary residence, a buy-to-let property that you own, or a second home, get in touch with us here at New Oak Estates. We can help you with all your selling needs, and as experts you can count on us to offer you an exceptional level of service. Give us a call today on 01246 211646.