When is HIPS scheme binding? Errors/omissions?

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    When is HIPS scheme binding? Errors/omissions?

    On this thread, please post brief details of errors and omissions that come to light (whether you are V, P, or another party). I'd like to try and collate trends and, especially, which are the most common problems left by inaccurate (and inadequately-trained) HIPSters.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    #2
    Not so much an error as a question.

    If a buyer approaches a property owner direct and asks to buy their property ( the property owner has not advertised their property in any way ) does that property owner need to provide a H.I.P?

    I have had a discussion with an estate agent, who asked his solicitor who said yes a HIP needs to be provided.
    However this from the Law Society says different.

    http://www.lawsociety.org.uk/documen...anda290506.pdf

    Also ( and I have this situation at present ) if a property owner approaches me direct and says "Do you want to buy my property" (They have not put the property on the market in any other way ) would a HIP be required?

    My view is that it is not required for the first example but is for the second?

    Any views?

    Comment


      #3
      Originally posted by Colincbayley View Post
      Not so much an error as a question.

      If a buyer approaches a property owner direct and asks to buy their property ( the property owner has not advertised their property in any way ) does that property owner need to provide a H.I.P?

      I have had a discussion with an estate agent, who asked his solicitor who said yes a HIP needs to be provided.
      However this from the Law Society says different.

      http://www.lawsociety.org.uk/documen...anda290506.pdf

      Also ( and I have this situation at present ) if a property owner approaches me direct and says "Do you want to buy my property" (They have not put the property on the market in any other way ) would a HIP be required?

      My view is that it is not required for the first example but is for the second?

      Any views?
      I think "no" in both cases. See s.149 of Housing Act 2004. This defines the inelegant phrase "on the market" as follows:
      - '...when the fact that [a residential property] is or may become available for sale is, with the intention of marketing the property, first made public in England and Wales by or on behalf of the seller.'

      In both of your examples, potential availability of the property is not made public at all.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Sounds good to me!

        Comment


          #5
          I also, have been led to believe that where there is no marketing involved, a HIP is not required.

          Jeffrey, my Hipster's main problem was that he didn't seem to have a good understanding of types of wall insulation.

          Comment


            #6
            Originally posted by DianeB View Post
            My Hipster's main problem was that he didn't seem to have a good understanding of types of wall insulation.
            Well, after 45 seconds of training, I don't suppose that he would.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Do the contents of the EPC really matter as nobody seems to look at the HIPs other than buyers' solicitors?
              RICHARD WEBSTER

              As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

              Comment


                #8
                They would have looked- but they just haven't got the energy.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  If your selling to a family member or a friend ie. the property is not going on the open market you dont need a HIP.
                  1st Call DEA

                  *Domestic Energy Assessor / Home Information Packs
                  *Home Energy Surveys
                  *Rented Property Energy Certificates

                  Comment

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