HOME INFORMATION PACKS (HIPs)

From 1 August 2007 anyone selling a home will need to consider whether the new Government Home Information Pack Regulations 2007 apply to them.

Under the new regulations any homeowner selling a property with 3 or more bedrooms is required to produce a “HIP” or “sellers” pack containing a number of documents before the property is marketed.

The Home Information Pack MUST contain the following mandatory documents: 

- Pack Index 
- Sale Statement - stating the terms of sale
- Energy Performance Certificate 
- Title Documents - showing evidence of ownership of the property 
- Leasehold information (if relevant)
- Search Certificates – including local authority enquiries

The Home Information Pack MAY also contain the following optional documents: 

- Home Condition Report 
- documentary evidence of any safety, building, repair or maintenance work 
- any warranty, policy or guarantee
- information about the design 
- information identifying the property including a description, photograph, map or plan 
- relevant additional or supplemental search reports

We will be preparing Home Information Packs for anyone wishing to sell a property and are happy to do so with no further obligation if this is your only requirement. If you instruct us to act for you in the sale and/or related purchase we will include our charge for preparing your Home Information Pack in the firm’s final bill payable at the end of the transaction.

We are also happy to advise any potential purchaser interested in making an offer on a property on the content of the seller’s Home Information Pack for a fixed fee.
 

POWERS OF ATTORNEY

From 1 October 2007 when the Mental Capacity Act 2007 comes into force the existing simple 4 page Enduring Powers of Attorney will be replaced by two different types of Lasting Power of Attorney:

1.   The Property and Affairs Lasting Power of Attorney can be used immediately and allows your appointed attorney to manage your property, money and affairs.

2.   The Personal Welfare Lasting Power of Attorney and only be used if you lack the capacity to make your own decisions relating to your personal welfare or care such as deciding where to live or consent to or refuse medical treatment.

The new Property and Affairs Lasting Power of Attorney forms are 26 pages long and the Personal Welfare Lasting Power of Attorney forms are 24 pages long and these will need to be completed very carefully. The new Lasting Powers of Attorney cannot be used until they have been registered with the Office of the Public Guardian and a registration fee will have to be paid.

All registered LPAs will be able to be searched by health professionals such as doctors or care home owners.

AGE DISCRIMINATION

Under the Employment Framework Directive and Employment Equality (Age) Regulations 2006, direct and indirect age discrimination became unlawful on 1 October 2006.

If they have not already done so, employers should review their workplace policies and practices, particularly those relating to recruitment, retirement, occupational pensions and the termination of employment to ensure that their existing arrangements are not discriminatory in the light of the new rules. Employers will need to be particularly cautious as there is no upper limit on the amount which can be awarded where a dismissal is found to be discriminatory. The new rules aim to give workers equal pension rights whatever their age and include provisions preventing employers from setting a maximum age for contributions to occupational pensions.

Employees will soon have the right to work to a national retirement age of 65 and employers will have the duty to inform workers in writing of their intended retirement date and right to request to work beyond normal retirement age and will have to consider any such request.

Any employee dismissed, treated less favourably or put at a disadvantage in comparison to others at work because of his or her age, will have a potential complaint on the basis of direct or indirect age discrimination.

Employers concerned that they may not be fully compliant or employees who feel they have been discriminated against should seek prompt legal advice.