A new residential nil rate band (RNRB) was introduced on April 6 2017 enabling you to pass, on your death, an additional allowance to be used against the value of property passing to direct dependents on top of the individual inheritance tax allowance of £325,000.
The starting allowance was £100,000 and this increases incrementally by £25,000 each year in April up to £175,000 in 2020 and thereafter in line with the Consumer Prices Index.
Currently, anything under £325,000 is exempt from inheritance tax. Anything above this figure is subject to a 40 per cent tax bill. This will depend however, on any lifetime gifting and planning you may have in place.
This figure can effectively be doubled for couples, as two people’s allowances are available. This means they can currently pass on death, property & assets to the value of £900,000 without incurring inheritance tax. The sum will rise incrementally to £1m by 2020/21.
To qualify for the new residential nil rate band, individuals will need to ensure their residence goes to direct descendants – children, step-children, adopted children, grandchildren or foster children.
It is important for anyone affected by these new provisions to review their wills, particularly if their current ones include discretionary trusts, as a significant number of wealthier families will lose out on the benefit.
At present, it is possible to effect a Deed of Variation, which must be done within two years of the date of death, although this can only be used if none of the beneficiaries are minors.
It may all sound complicated, but a specialist trusts & estates solicitor will be able to work out exactly how much of a person’s estate is exempt from inheritance tax.
If you need any advice in relation to the above, or any other family matters, please contact us on: 0161 330 6821
NB.The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
It is currently a legal requirement that prior to the sale or letting of a residential or commercial property that an Energy Performance Certificate (“EPC”) be made available to the prospective buyer/tenant.
An EPC should also be commissioned where a new property is built; an existing property is significantly altered, if a property is subject to a Green Deal and for certain public buildings (where it is mandatory for a copy of the EPC to be displayed).
An EPC is “valid” for a period of 10 years and where a new EPC is registered for the same property, the previous EPC becomes redundant.
The obligations on a property owner when selling or letting a property requiring an EPC are as follows:
to commission an EPC before marketing if there is no existing valid EPC;
to put the EPC rating in any advertisements of the property for sale or letting;
to make available to the prospective buyer or tenant a valid EPC for the property.
It is also the property owner’s responsibility to commission the EPC and the property owner should not look to reclaim the cost of commissioning an EPC from a prospective buyer or tenant.
As a general rule, most residential and commercial properties being sold/let are subject to the requirement to have a valid EPC in place. However, the following properties are exempt from the requirement to have a valid EPC:
Properties which do not have a roof or do not have walls;
Properties which use no energy to control the indoor climate;
Properties which are not designed or altered to be used separately;
Industrial sites, workshops and non-residential agricultural properties with a low energy demand;
Non-residential agricultural properties;
Residential properties which are not used for much of the year;
Buildings earmarked for demolition;
Listed buildings and buildings in conservation areas, but only in certain circumstances.
In circumstances where an EPC should have been put in place but it transpires that it was not, penalties can be imposed by the local weights and measures authority. The current legislation sets those penalties as:
Residential properties – £200 for a dwelling;
Commercial properties – 12.5% of the rateable value of the building, with a minimum penalty of £500 and a maximum £5,000.
It is therefore important to ensure that an EPC is provided to a prospective buyer or tenant as early as possible in any property transaction so as to avoid being fined by the local weights and measures authority.
Should you need advice relating to the legal requirements relating to EPC’s or indeed any other property law matters, please contact:
It is no surprise, given today’s housing market that many young people are so stuck in their financial situations that they turn to their family to help them get on the property ladder.
These days, with all the pressures of modern living, parents and grandparents are increasingly being called on to step in to help younger family members buy their first home. In 2017 it was predicted that parents would be involved in 25% of all UK property transactions with average lending rising from £17,000 in 2016 to £21,600 in 2017 and this figure expected to rise again for 2018.
As we’ve seen from research, the bank of Mum and Dad is very generous, but what happens if things go wrong? What if your child and their spouse divorce or they are declared bankrupt? What if there is a family feud?
Prevention is better than cure and simple solutions are available to deal with these problems such as a declaration of trust. We can advise you on all aspects of lending money to help children get on the property ladder.
Article of interest – Here’s a link to an article in a recent published in the Daily Mail highlighting why you shouldn’t transfer property to children without taking very detailed advice.
A new initiative to redistribute leftover paint is being launched in the social enterprise at homelessness charity Emmaus Mossley.
Emmaus Mossley is now stocking ReColour, a quality water-based emulsion, which is produced by the Community RePaint network. Managed by non-profit organisation Resources Futures, Community RePaint – which is sponsored by Dulux – will provide the paint in a number of colours to be sold at affordable prices in the Emmaus Mossley Second hand Superstore in Tameside.
Martin Pearse, Community RePaint Network Manager, said: “We are really proud of our ReColour paint. It allows the network to divert even more leftover paint from the waste stream and provides more paint to help brighten local communities, which are the two core aims of the network. It’s great to be teaming up with Emmaus Mossley to make ReColour available to residents in Greater Manchester.”
Community RePaint schemes divert leftover paint from the waste stream by collecting and redistributing it into local communities. ReColour is produced from leftover, reusable paint which is remanufactured into 20 standard colours and has social, economic and environmental benefits.
As well as preventing a valuable resource from going to waste, they support those in need by supplying affordable paint for individuals, groups and charities and providing volunteering opportunities and training placements within their local community.
Alison Hill, Director of Emmaus Mossley, said: “We are delighted to become a seller of ReColour and offer our supporters good quality tins of paint at great prices. Emmaus Mossley now stocks five litre tins in a range of 20 colours, all priced between £10 and £12.”
Emmaus Mossley supports 26 formerly homeless people by providing them with a home and work in a community setting. The Emmaus Mossley Secondhand Superstore not only generates an income to help sustain the charity, it also offers work and training opportunities to people supported at Emmaus.
To find out more or support Emmaus Mossley head to www.emmaus.org.uk/mossley. If you would like to get involved or donate an item, please call 01457 838608 or visit the store at Longlands Mill, Queen Street, Mossley OL5 9AH.
Lidl is to build a brand new store on Hattersley Retail Park, as part of its ongoing expansion plans in the UK.
The discount supermarket chain announced the news after exchanging contracts with Maple Grove Developments to secure the new site. The multi-million pound investment will result in a 1,794m2 sales area, featuring an in-store bakery and customer toilets. There will also be ample parking for both cars and bicycles.
Robin Monk, Director of Place at Tameside Council, said: “Attracting a retailer of Lidl’s quality to the final phase of the new district centre is a direct result of our commitment, with Onward Homes and other partners, to secure investment for the comprehensive regeneration of Hattersley.”
“This will bring new retail choice and employment opportunities to the local area and will complement the major investment in new housing, transport infrastructure, community facilities and public realm improvements.”
The planned store in Hattersley will add to Lidl’s existing store portfolio of 700, and will form part of the company’s growth plans which will see the chain open up to fifty new stores a year.
Lidl UK’s Regional Head of Property, Nick Harvey, commented: “We are delighted to be opening a new store in Tameside, which marks another milestone in our ambitious store expansion programme. We’ve seen incredible demand for Lidl stores across the country and look forward to offering our quality products and incredible value to shoppers in and around Tameside.”
Bronwen Rapley, CEO of Onward Homes, the local housing provider, said: “The Hattersley area is in and advanced stage of a multi-million pound regeneration programme stimulated by an innovative partnership led by Tameside Council and Onward Homes.
“Onward Homes selected Maple Grove as its preferred development partner in 2016 having secured outline planning consent for the site in February 2015. The Lidl store will be a welcomed addition for local residents.”
Lidl UK has experienced continued growth over the years as consumers flock to the supermarket. Its ongoing success shows no signs of slowing, with the latest Kantar Worldpanel results highlighting Lidl’s continued growth in the UK with 10.3% increase in sales year on year and market share high of 5.3%.
The CQS recognises firms which pass a rigorous annual assessment and are shown to provide excellent service to clients during the home buying process.
It is open only to members of the Law Society who meet the demanding standards set by the scheme, which is supported by the Council of Mortgage Lenders, the Building Societies Association, the Legal Ombudsman and the Association of British Insurers.
Partner Paul Westwell who heads up the property department said: “We are thrilled to receive this accreditation once again. It is a fantastic accolade for the department, and demonstrates to our clients that they can be assured of a professional, reliable and efficient service.”
Meanwhile, Bromleys has also retained its Lexcel quality mark from the Law Society, which recognises high standards in areas such as client care and practice management. The firm has held this accreditation continuously since 2005.
Bromleys also holds Investors in People Gold status, recognising the firm’s commitment to excellence in the workplace, including its management of people, its leadership and culture and its dedication to continuous improvement.
For further information, please contact: Bromleys Solicitors LLP
‘Moving in together’ can cover various situations, including the exciting prospect of buying your first home with your partner or friend, gifts from parents or grandparents to help with the purchase, the purchase of a ‘granny flat’ (or annex), and even elderly parents or grandparents moving in with their children. However, some may not realise how risky their situation can be from a legal point of view until it is too late…
Implications to consider:-
Stamp Duty Land Tax (SDLT) there could be a 3% surcharge on the purchase of a granny flat or annex which could be classed as an additional residential property. The surcharge applies to the whole of the property and not just the annex.
Parents/grandparents providing gifted deposits and the future inheritance tax implications. Inheritance tax may be payable if the donor dies within 7 years of making the gift.
The type of ownership of the property i.e. joint tenants or tenants in common in unequal shares. You may need to consider making your position more secure should the relationship break down in the future. For example, has one party contributed more towards the purchase price of a property? If so, a Declaration of Trust setting out the terms to protect their interest would be advisable.
Practical difficulties including aging and future social care of elderly parents/grandparents living with children. Will the elderly family member contribute financially towards their living and household expenses? It may be that they have paid for alterations to accommodate their needs and that they require a form of guarantee such as a “life interest” in the property so that they have the legal right to live there for as long as they require. A more complex trust arrangement may need to be put in place.
Should you need legal advice regarding any of the above or other residential property matters, please do not hesitate to contact Anna Curran at email@example.com, Beverley Pretl at firstname.lastname@example.org or Martin Blaylock at email@example.com
Alternatively, telephone our Property team on 0161 330 6821 or you are welcome to attend any of our free legal surgeries. Please click here for dates and times – No appointment necessary.
During the February half term, many children across Greater Manchester will be spending more time in the kitchen.
But whether they’re lending a hand or simply seeking a snack, it’s important to make sure that they know the hazards of a hot hob and the dangers that come with being in a kitchen.
As part of the national fire safety campaign, Greater Manchester Fire and Rescue Service (GMFRS) is encouraging parents and carers to make any kitchen activities a chance for children to learn about cooking safety.
Alison McDonald, Prevention Service Support Manager at GMFRS said: “There are lots of creative and fun ways to teach children about cooking fire safety. It’s vital that they know what to do if the worst should ever happen.
“Why not take the chance to pass on some tips and guidance on fire safety in the kitchen? Testing your smoke alarms is a great way to show children the correct way to minimise the risks from fires in your home.
“Young children are admitted to hospital every day because they’ve been burned or scalded in the home; a hot drink can scald a small child or baby even 15 minutes after it’s been made, so keep them out of reach of children”
“In Greater Manchester between 2014/15 and 2016/17, 67 per cent of all accidental dwelling fires in Greater Manchester started in the kitchen. The top three sources of ignition for those accidental fires are the cooker (51 per cent), the grill/toaster (14 per cent and a separate ring/hot plate (11 per cent).
“It is essential that we reduce this amount even lower and make sure that cooking in the home is done safely. It is crucial to remember to never leave anything unattended when in the kitchen, whether that’s your food or your children!”
A recent report from the Home Office similarly concluded that: “Cooking appliances were the source of ignition in 49 per cent of accidental dwelling fires and 50 per cent of non-fatal casualties in accidental dwelling fires in 2016/17, and was by far the largest ignition category. In contrast, in 2016/17, there were only 9 per cent of accidental dwelling fire-related fatalities where the source of ignition was cooking appliances.”
Safe and Well visits are FREE home visits delivered by Greater Manchester Fire and Rescue Service staff to prevent fires and improve wellbeing for householders. Visits might include the fitting of free smoke detection and fire risk reduction equipment, fire safety advice, or signposting to other help and advice. To book a visit, call 0800 555815 or book online.
Here are some top tips for staying safe in the kitchen:
Take care if you need to leave the kitchen whilst cooking. Take pans off the heat or turn them down to avoid risk.
If a pan catches fire, don’t take any risks – Get Out, Stay Out, and Call 999.
Double check the hob is off when you’ve finished cooking.
Keep tea towels and cloths away from the cooker and hob.
Take care if you’re wearing loose clothing – this can easily catch fire.
Avoid leaving children in the kitchen alone when cooking. Keep matches and saucepan handles out of their reach to keep them safe.
Take care with electrics – keep leads and appliances away from water and place grills and toasters away from curtains and kitchen rolls.
Keep your equipment clean and in good working order. A build-up of fat and grease can ignite a fire.
Don’t cook after drinking alcohol.
Hot oil can catch fire easily – be careful that it doesn’t overheat.
Never throw water on a chip pan fire.
In the event of a fire, have an escape plan in place.
Don’t take risks by tackling a fire. Get out, stay out and call 999.
Make sure you have at least one smoke alarm on every level of your home and test them regularly.
Stalybridge is set to benefit from an initiative to regenerate town centres by Mayor Andy Burnham and the Greater Manchester Combined Authority.
When the Town Centre Challenge was launched in December, all ten councils in Greater Manchester were asked to nominate a town to be part of the initiative, which will try to reverse a lack of investment in town centres by focusing more on housing than retail, such as the Summers Quay development in Armentieres Square.
Speaking at a public Q&A event in Droylsden last month, Mayor Andy Burnham explained: “This policy is trying to reverse a lack of investment in these town centres by coming at things in a certain different way, which is not trying to cling on to retail space which, with the best will in the world, has gone as shopping habits have moved online.
“The town centre challenge is based on the idea of delivering housing growth through our town’s because that can help shift the burden away from green spaces and it’s closer to the public transport system, therefore not putting more cars on the road. If you build more flats and apartments in our towns, you also then maybe bring a younger population in, then perhaps you’ll get new bars, restaurants and coffee shops in the town centres.
“It’s a new idea but I’m hopeful it can deliver real benefits. We’re going to start with one town per borough but if it works, I’m quite prepared to start working through some of the other towns in Tameside to see if we can give them the same benefits.”
Stalybridge was chosen by Tameside and put forward at a GMCA meeting on Friday. Tameside Council Executive Leader, Cllr Brenda Warrington, confirmed the news at a council cabinet meeting earlier this week.
“Tameside needs to have thriving town centres and I believe we are demonstrating our commitment to their success by putting Stalybridge forward for the Town Centre Challenge,” she said.
“We’ve already provided free town-centre wi-fi for shoppers and superfast broadband for business. With the metropolitan mayor’s support we’ll be lobbying for further funding and looking for imaginative solutions that we can pilot in Stalybridge and then use in other parts of the borough.”
Andy Burnham is now set to visit Stalybridge with local MP Jonathan Reynolds and the town’s councillors, where the public will get a chance to quiz him on the proposal, although a date has yet to be set.
A delighted Jonathan Reynolds, Stalybridge and Hyde MP said: “I am extremely pleased that Tameside Council have endorsed my recommendation that Stalybridge become the borough’s candidate for Andy Burnham’s town centre regeneration challenge. In Autumn I invited Andy to Stalybridge himself to see both the town’s challenges and its potential, and I could see he was motivated to use his mayoral powers to leverage change in the town.”
“Stalybridge has some fantastic assets which make it ripe for investment – great road and rail links, the canal, the River Tame, stunning views, some hugely successful new projects and businesses. But there is no doubt we have also found it difficult to deal with the large-scale shift to online and out-of-town retail shopping. It has so much more potential for urban living housing, which would ease the pressure of the greenbelt, independent and high street shopping, and a strong cultural offering.
He continued: “The land behind the station, known as Stalybridge West, will be crucial to this, and I hope that together we can develop a truly visionary ambition for the town, which respects our local traditions and culture whilst confidently building a new economy that moves with the times. Stalybridge is the ideal candidate for the Mayor’s challenge and I’m excited by everything this opportunity may bring.”
The news is a welcome boost to the town, which lost one of its bigger high-street brands in Lloyds Pharmacy earlier this month, after the chemist closed it’s doors for good. Just yards away, Yorkshire Building Society have also announced that they will be closing on March 15th.
Speaking about those closures last week, Jonathan Reynolds said: “I think high street brands will really regret not investing in Stalybridge. It is a town on the up, as demonstrated for our bid for investment from Andy Burnham’s town centre challenge, and I’m confident our town benefit from exciting regeneration in the next decade, bringing new shops, services and footfall with it.”
The idea of improving town centres by investing in housing is one that is supported by both sides of the political spectrum. Stalybridge South Conservative councillor Clive Patrick says it’s becoming a nationwide trend.
“Towns all over the country are moving in that direction and it’s worked in big cities such as Manchester,” he said. “Stalybridge has been sinking under the weight of under-occupancy. There have been many plans over the years that have lack the money and impetus but this is a fantastic opportunity. More housing and residents will hopefully bring in more business.”
Jonathan Reynolds, Member of Parliament for Stalybridge and Hyde, welcomes the announcement that the Government have given not just the green light but also £10 million in support of a new garden village in Hyde.
Yesterday lunchtime,(1st February 2018) Chancellor Phillip Hammond and Secretary Of State for Communties and Local Government, Sajid Javid, announced their support for the Godley Garden Green scheme as they confirmed the first round of allocations from the new Housing Infrastructure Fund.
Jonathan said: “This is an important and welcome step in helping us to find a proactive solution to the local housing crisis. Tameside has seen piecemeal development for too long in which developers not communities choose where new houses should go, with no wider plan and no serious thought or resource towards infrastructure. Godley Garden Green is our opportunity to put this right and design a dream village from scratch. The whole concept of a ‘garden village’ is high quality, well designed homes which come with road and rail improvements as well as extra school places and health provision.
“I want to see a village which is beautifully laid out with green space, community space, walk and cycle ways, a new school and its own shops. I want to see a village which reflects the whole history and traditions of Hyde – the streets should be named after our former cotton mills,
local heroes and mayors of Hyde. The village must be a mixed development, with homes to suit everyone, including affordable homes. This must be the ideal home for families of all sizes, downsizers and first time buyers alike.
“I know there were a lot of local concerns when this concept was first launched, and I’m sure a few of those voices may remain. As we’ve seen with other local projects, like Metrolink, Crown Point and IKEA, there is often opposition to change, until we see for ourselves the benefits it brings. However, I believe several legitimate concerns about Godley Garden Green have now been addressed, for example that existing homes and businesses on the site can be built around and included in the village; nothing needs to be knocked down against its owners’ will. It’s important to remember at this stage this is a vision not planning permission, at which stage all local residents will have their chance to voice their views on the final plans.
“I dearly wish our late Council Leader Kieran Quinn, who passed away at Christmas, were here to hear this announcement. He and I had imagined this village from nothing, and my first phone call today on hearing the announcement, would have been to him.
Kieran never shied away from frank and courageous decisions, or from proactively taking responsibility for coming up with solutions to the local challenges we face. I would like to congratulate Tameside MBC on the success of their thorough and thoughtful bid. I think a Quinn Close would be a more than fitting tribute to his role in the birth of this ambitious vision to provide lovely, quality homes in an attractive setting for residents of Hyde for years to come.”
Local Community Matters is a grass-roots non-profit organisation whose sole purpose is to produce a showcase magazine which celebrates local business and personal success and commemorates community spirit by featuring some of the people who make a real difference.