The commercial conveyancing team at Howells Solicitors has helped Liberty Marketing, a Cardiff based online marketing agency, purchase commercial premises.

The 2000 sq ft office building formerly belonged to Costain plc and is a part of Cardiff Business Park in Llanishen, North Cardiff.

The premises, bought as an investment by Liberty’s managing director, Gareth Morgan, allows the business to continue its expansion and sees the business move out of the more expensive serviced offices where the company has been for the past 18 months.

Rhidian Hobbs, Partner and commercial property Solicitor at Howells, said "we were only too pleased to act on behalf of Liberty Marketing with the purchase of their first commercial premises and to help them achieve this significant milestone. We guided the client through not only the legal but also some of the practical issues surrounding leasehold commercial premises".

Gareth Morgan commented "Due to the location and the way the property was being purchased, the transaction was not straight forward. Rhidian and the team were very helpful and professional at all times and I couldn't have done it without their help. I am very pleased with how it worked out".

Spring may have come early this year – at least as far as the property market is concerned. The property portal, Zoopla, has seen inquiries rise to more than three times the number at the beginning of last year.

During the first four days of January, there were more than a million property searches on the site across the United Kingdom, more than double last year’s early tally.

March, traditionally one of the most important times of the year for house hunters and vendors, might have been supplanted if the initial surge of inquiries during recent weeks is anything to go by.

There are several theories as to why we are seeing an upturn in activity so early in 2011. One is that the autumn market, which used to be almost as important as the spring, has been squeezed by long summer holidays and the pre-Christmas run-up.

People have had time over Christmas and the New Year to prepare their houses for sale or to organise finance and draw up a shortlist of dream homes.

It has also been suggested that householders might be rushing to get their properties to market, under the looming spectre of the threatened double dip recession, which would see the British economy plunged back into chaos.

Howells Solicitors, with offices in Cardiff, Swansea, Caerphilly, Talbot Green and Newport, say they have seen an increase in market movement, regardless of the reason.

“Even though the property market is still subdued, by January 14 this year we had completed on two separate £1m transactions,” commented business development manager, Tristan Lewis.

“On one of these residential transactions we acted for the seller of a small holding on the outskirts of Cardiff. The other completion occurred where a local businessman and his family had purchased a property in a popular Cardiff suburb.

“We have also received a further instruction on a £1m property this week, which we expect to complete shortly.

“We are still some way off the levels of instructions we were receiving pre-August 2007, however we have had about a 25% increase in the levels of instructions we have received so far in January, corresponding with the numbers for the same period in January 2010.

“This is very encouraging and we hope this will continue to increase as we head towards the spring and the warmer weather.”

Kelvin Francis, RICS Wales spokesperson and director of Kelvin Francis Chartered Surveyors, agrees there has been an early surge this year – but is somewhat more reserved.

“There has been a rapid upturn in the level of inquiries and people are optimistic and upbeat about the market. But it is still early days as it is yet to be converted into an increase in sales,” he said.

“We have also been pleasantly surprised by the number of first time buyers expressing an interest in buying a home, which we were not expecting given the current difficulties obtaining a mortgage.

“People put their plans on hold over Christmas so we would normally expect an upturn in the New Year as they start to look ahead to the future.

“The signs are good but we are waiting to see if the high levels of inquiries will turn into the decisions which will generate sales. We are certainly hoping for lots more activity in the next couple of weeks.”

The above is taken from Welsh Homes magazine, part of the Western Mail on the 29th January. If you are considering buying a residential property then contact Howells Solicitors today. Our expert residential conveyancing team will ensure the entire process runs as smoothly as possible.

BBC programme examines the importance of making a will

In the UK alone, less than 50% of people make a valid will before their death, and too many times the estate can be passed onto the wrong people. A BBC programme called ‘Can’t take it with you’, which sets out to reaffirm the importance of making a will, is due to be aired on 14th January on BBC2 at 9pm.

Here at Howells Solicitors, we are experts in the field of will writing and offer our services at an excellent rate. If you die without making a will, there is a strong likelihood that your estate will be passed on to an undesired recipient, or even the Government.

Our specialist team of solicitors are waiting to help you through the process. We listen to you as an individual, ensuring your wishes and fears for your estate are given the full consideration they deserve. An expert solicitor, such as those at Howells, will be able to advise you on how to make tax savings, reduce administrative costs and avoid disputes.

Making a will also gives the peace of mind, as long as you keep updating it as circumstances change, as you will be in full control over the distribution of your possessions when you are gone. It is also an excellent method of ensuring your loved ones are protected.

Many individuals complain of not having the time or it’s something they simply haven’t got around to, but for those who die without a will it can sometimes take years to distribute their estate, causing prolonged distress for the family.

The common perception is that solicitors are expensive. However, at Howells Solicitors we complete the majority of wills on fixed fees. We spend the time to create you a bespoke and personalised will writing service at a very competitive price. Contact us now to find out exactly how we can help.

Agreeing the terms of a lease with a prospective tenant prior to drafting the lease will save considerable time and money further down the transaction. If the parties are fully aware of the terms of the agreement it is likely to reduce disputes and consequently avoid delays and further legal costs.

Below is a non-exhaustive list of the points which should be discussed:

Length of Term of the Lease

The term should be fixed for a set period. Tenants now prefer leases to be shorter in length because of the requirement of the Land Registry for registration of leases with terms greater than 7 years and secondly because the Stamp Duty Land Transaction Tax is greater for longer terms.

Security of Tenure – Landlord and Tenant Act 1954

This Act preserves the right of a business tenant to stay in the property at the end of the lease. If the provisions of the Act are not excluded then the tenant will be entitled to remain in occupation at the expiration of the fixed term and have a right to apply to the court for the grant of a new lease.

This is expensive and time consuming, and in certain circumstances the tenant may be entitled to compensation for failing to obtain a new tenancy.

Allowing a tenant access to the premises before legal formalities are completed can also establish security of tenure and invalidate any subsequent agreement to exclude the Act.

Rent & Rent Review

Consider the initial rent and whether there is to be provision in the lease to increase the rent. If so, when and how is the rent reviewed? Rent review provisions are usually by way of reference to an index or the open market value of the premises at the date of review.

Service Charges

The service charge is often a contentious issue whenever a property is divided between two or more tenants. It includes such items as lighting, cleaning common parts, repair and maintenance, security etc.

The service charge can be dealt with by way of an all inclusive rent or by apportioning the charge between the tenants. Advise the Tenant of the likely apportionment and list the services you intend to provide.

Alienation

This restricts the tenant’s ability to assign, or sublet the premises in whole or to sublet any part. Most leases will prohibit the tenant from assigning the lease without the landlord’s consent, allowing the landlord to decide whether the new tenant is suitable and has adequate finances to meet the rent.

On assignment the original tenant will no longer be bound under the original lease once he has parted with his interest. It is therefore wise to insist on an authorised guarantee agreement whereby the original tenant will enter into a guarantee with the landlord.

Guarantors and Rent Deposit

If the financial standing of the tenant is uncertain, a landlord will often require a guarantor and/or rent deposit. Ascertain whether the proposed tenant is an individual or a company. Insist on a guarantor if the tenant is a newly formed company. Alternatively, the landlord can take a rent deposit from the tenant upon which he can draw in the event that the landlord breaches the lease.

Landlord’s Costs

It is not obligatory for the tenant to pay the landlord’s legal costs. Advise the proposed tenant at the beginning that you require him to be responsible for such charges. Instruct a firm of solicitors that specialise in these matters and are able to provide a fixed fee.

If a prospective new tenant is forewarned of these issues your solicitor will be able to complete the lease faster and consequently you begin receiving the rent sooner. This approach also helps to prevent subsequent problems when the term expires or is renewed. Remember that any heads of terms agreed should be clearly expressed to be ‘subject to contract.’

For further advice on commercial property conveyancing, please contact Rhidian Hobbs at Howells Solicitors on 02920 404020 or email rhidian.h@howellslegal.com.

Howells Solicitors is delighted to announce their latest acquisition as they continue to grow throughout South Wales. In a bid to stay true to their roots as a friendly and approachable law firm, Howells Solicitors have expanded into new premises on Albany Road in Cardiff.

Alongside its Cardiff Headquarters, the firm now has five other offices throughout South Wales, ensuring a professional and personal legal service at arm’s reach. Our offices are situated in Newport, Caerphilly, Talbot Green and Swansea, with two offices in Cardiff, one being the Headquarters in Newport Road, as well as our new Albany Road branch.

The Albany Road branch is set to specialise in the areas of conveyancing and personal injury, whilst still offering all Howells’ other trusted and expert services, including: employment law, commercial property, matrimonial and family law, wills and probate and tax planning.

The new branch is to be headed up by Victoria Morley-Jones, whose experience in new-build transactions; residential transactions; leasehold and shared ownership will be invaluable in an Albany Road location where landlord and tenant disputes are common place.

The Albany Road practice is aiming to capture a large section of the local new build residential conveyancing market. We have a 28 day time span on our new build conveyancing service, ensuring our service is not only thorough, but also a lot more prompt than you could expect from most Solicitors.

Even though we are one of the largest and longest established firms of Solicitors in Wales, we are able to offer a fresh and friendly approach to legal services. With our local knowledge and expertise in key legal areas, we deliver an unrivalled service at a competitive price. For professional, friendly legal advice call Howells Solicitors on 02920 40 40 20.