Tag Archive for: Tipperary

What to do when you want to sell your home. Tips to make the transaction move more quickly.

 

Home For Sale Real Estate Sign and Beautiful New House.

 

You have made the decision to sell your property. You have engaged an Auctioneer and placed the property on the market. Now you wait while the property is viewed and hopefully a buyer found, a price agreed and you can more on to the next stage of the sale process.

Don’t just sit back and wait, there are a number of things you can be doing to help the sale run smoothly when the time comes to issue contracts.

  • Talk to your Solicitor – make a decision on the solicitor’s firm you wish to act for you in the sale? Perhaps you may wish to deal with the same firm that bought the house for you, or perhaps you have heard good things about a local firm, or someone has come recommended to you. Contact the solicitor and tell them that your house is on the market. They will discuss the items below with you.
  • Where are your title deeds?
    Consider where the title deeds for your property are currently held. If the property was mortgaged, it is likely they are being held by a Bank. It can take several weeks to get title deeds from a bank so now would be a good time to mention this to your solicitor. They will need an original signed authority from you to take up your title deeds from your bank and you can begin this process now to speed up the issuing of contracts once a sale is agreed.
  •  Compliance with planning and building regulations:
    Generally, there will be some planning documents with your title deeds from the time that you purchased the property. However, if you have completed any work on the property since you originally purchased it, such as an extension or conversion of a garage/ attic, it is quite likely that you will need up to date Certificates of Compliance or Exemption from planning permission and building regulations. In some instances, you may even need to apply for retention planning permission which can take several months.

Talk to your solicitor about any work you have done to the property and they should be able to guide you as to whether you will need     any up-to-date certificates from an Architect / Engineer.

  • Property Tax Receipts:
    There are a number of difference receipts that you will need to price to a prospective purchaser when selling a property. For residential properties you will need the following:
  1.  A complete Local Property Tax property History from 2013 up to date confirming that the LPT has been paid for the property for each year.

2. Evidence of payment of the Household Charge 2012.

3. Either a Certificate of Exemption or Certificate of Discharge from the non-principal private residence charge (NPPR years 2009 to 2013).

This is different to the Local Property Tax and you should obtain same from the Local Authority where the property is situated. This was a charge due on second homes before the introduction of the LPT, and even if the property was not liable for the charge, you still need to provide a Certificate of Exemption.

Each Local Authority has different requirements so you should check their website to see what you will need to provide to get your certificate.

4. Certificate of Registration with Protect our Water in respect of the septic tank (if applicable). If you have a septic tank but have not registered it previously you can do so on-line on Protect our Water’s website.

For commercial or mixed-use properties, you will also need to provide the following:

1. Up to date statement and receipt for commercial rates.
2. Up to date statement and evidence of payment of commercial rates from the Local Authority.
3. Up to date statement and evidence of payment of any water charges.

  • Rental properties:
    If the property is currently let or was let at any time in the previous 2 years, you need to provide certain information to the new purchaser, in particular if the property is located in a designated rent pressure zone.

Ideally you should provide your solicitor with a copy of the latest Lease together with details of any rent review, any notices that have been served by either you or the tenant and details of any disputes. If there is currently a tenant in the property and you want them to vacate before completing the sale, you should check how much notice they are entitled to and how to correctly serve this notice on them. There are very good guidelines and information available on the PRTB website.

Bear in mind that if you are selling a property that is not your principle place of residence, that you will have to consider capital gains tax. This is a tax that is payable if the sale price is more than the price you paid for the property. A solicitor will be able to advise you whether or not CGT applies and will advise you contact an Accountant to discuss it further.

  • BER Certificate and Advisory Report:
    You will need to provide a Building Energy Rating Certificate and Advisory Report to your purchaser. Normally, the Auctioneer will request this before putting the property on the market for sale, so check with them to see if this has already been attended to. They will be able to give you a copy which you can give to your solicitor along with the property tax receipts.
  • Management Company and MUD Act Requisitions:
    If the property is part of a managed development, in particular if it is an apartment, your solicitor will need to obtain information from the Managing Agent which are known as replies to the MUD Act Requisitions. Managing Agents usually charge a fee for providing this information which includes up to date accounts, details of the insurance policy, details of the budget and service charge, and house rules. You should get an up-to-date statement for the Management Company fees together with contact details for the managing agent and provide these for your solicitor. This will allow them to request replies to the MUD Act Requisitions quickly once a sale is agreed.

Every property and every property sale is different and this is not an exhaustive list. However, it is a very good place to start and should help move the sale process for you whenever a buyer is found for your property.

If you are thinking of selling your property and have any questions please feel free to contact our Conveyancing team on 062 61288 (Cashel) or 052 7441244 (Cahir).

 

Win for Publicans in business interruption insurance case!

On 5th February 2021, the High Court ruled that several publicans were entitled to cover under FBD Insurance business interruption policies, for losses suffered because of the Covid 19 pandemic. This was a similar outcome to a case already decided in the UK Supreme court.

Justice Denis McDonald found that a policy sold by FBD covered losses sustained by the pubs having to close due to Covid 19. This ruling is similar to the recent UK Supreme Court decision of 15 January 2021 where the insurance regulator successfully challenged insurers refusal to indemnify certain businesses under business interruption policies.

FBD argued that their policy did not cover the disruption caused by Covid 19 as it never provided for pandemics, however the High Court disagreed, finding that cover is not lost where the closure of the business affected is prompted by a nationwide outbreak of a disease, provided that the outbreak is within a 25 mile radius and is one of the reasons for the closure of the business.

This is a significant ruling for many businesses with similar business interruption policies. It remains to be seen however whether this ruling will be appealed in the near future. Mr Justice McDonald has delayed a decision quantifying the losses suffered by the publicans until a later date and we will be able to update you once this aspect of the judgement is given.

Following the judgement, Insurance companies indicated that they would work with insured clients. Whilst this case was against FBD, the principles apply to all insurance companies. The full text of the judgement can be found here https://www.courts.ie/acc/alfresco/8bfaa5dd-3ea3-4580-979f-0dfb2d8243be/2021_IEHC_78.pdf/pdf#view=fitH

If you are a publican, restaurant or business owner and feel you might be affected by this judgement, you should first read carefully your insurance policy, liaise with your broker and if you have any questions contact our Head of our litigation Lorcan Dunphy at 062 61288 or email ldunphy@dtryan.ie

Protect Yourself against Online Identity Theft

An emerging area of risk in Ireland of which we all need to be aware is Online Identity Theft.

Identity theft is increasingly a problem where transfers of funds between bank accounts is concerned. For Donal T. Ryan Solicitors LLP, we are particularly concerned that our clients should not fall foul of these cyber criminals when they are transferring funds to us.

If you are transferring money electronically to us, you must first verbally verify the bank account details with the solicitor you are dealing with.

One example of scammers taking advantage of solicitors’ clients is where they hack the solicitors’ firm’s e-mail account to find people who owe them money. The scammers then send “chaser” e-mails to these people, pretending to be from the solicitors’ firm, and supplying the bank details – which are in fact the scammers’ own bank details. If the solicitors’ firm’s e-mail signature includes a warning not to transfer funds without confirming bank details verbally by phone, as we include on all our e-mails, the scammers simply delete this warning. Once the money is transferred to their account, the scammers then empty the account. Even worse, because the bank was given instructions to transfer the money by the account holder, the bank is not obliged to get it back.

Prevention is better than cure, so Irish individuals and businesses need to take steps to make sure that neither they nor their customers become the scammers’ next victims. Businesses can take measures to prevent their e-mails from being hacked, from two-factor authentication to data loss prevention, and security awareness training. This use of technology must be supported by well implemented policies and procedures, such as a Password Management Policy and Acceptable Use policies.

On an individual level, in order to protect yourself never use bank details contained in an e-mail without checking them verbally with the solicitor or other person you are transferring funds to. Always ring the person you are dealing with to double check bank details.

What is “proper provision” in a family law case?

What is “proper provision” in a family law case?

When a couple separate or divorce the most frequently asked question posed to a family law lawyer, is what am I entitled to?   The simple answer is a settlement be it by agreement or imposed by Court, that achieves proper provision.

Proper provision is achieved by a Judge weighing up a list of principles and reaching a financial split based on this criterion. The aim is to ensure fairness. As no two marriages are the same and no two marriage breakdowns are the same, no two settlements are the same. The list of criteria to be considered are set out in both the Family Law Act 1995, and the Family Law (Divorce) Act 1996.

These criteria include:

  1. the income, earning capacity, property and other financial resources which each of the spouses concerned has or is likely to have in the foreseeable future
  2. the financial needs, obligations and responsibilities which each of the spouses had or is likely to have in the foreseeable future (whether in the case of the remarriage of the spouse or otherwise)
  3. the standard of living enjoyed by the family concerned before the proceedings were instituted or before the spouses separated, as the case may be
  4. the age of each of the spouses and the length of time during which the spouses lived together
  5. the physical or mental disability of the spouses has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution made by them to the income, earning capacity, property and financial resources of the other spouse and any contribution made by either of them by looking after the home or caring for the family
  6. any income or benefits to which either spouse is entitled by or under statute
  7. the conduct of each of the spouses if that conduct is such that in the opinion of the court it would in all the circumstances of the case be unjust to disregard it
  8. the accommodation needs of either of the spouses
  9. the rights of any other person other than the spouses but including a person to whom either spouse is married

A Court will try to ensure that both parties’ ( and the children’s’) accommodation needs are met, that there is sufficient monies for the maintenance of the parties and the children, that both parties if possible have access to a pension, that there is provision for education including Third Level Education, particularly if the children are near or attending Third Level education.

A settlement can be achieved in either of two ways :

  1. By the parties agreeing between themselves as to what each will take from the assets available, this is known as a separation agreement, consent settlement. If parties attend mediation, as a method of resolving the dispute and reach an agreement, this then needs to be incorporated into a formal legal agreement
  2. If the parties cannot reach agreement, then it will be necessary to issue Court proceedings, and ultimately a  Judge will make the decision.

An experienced family law solicitor, such as Máire McMahon with eighteen years of court experience, will be able to advice a client on proper provision and what is the likely attitude and outcome if a case proceeds to Court.

Consumer Contracts Bill

This issue of insurance reform is a current topic of discussion. This Consumer Contracts Bill is currently making it ways through the Houses of the Oireachtas. It was hoped to that it would become law in 2020, however the talk of a general election might delay its finalisation.

The law aims to make it more difficult for Insurance Companies to refuse to pay a valid claim. The insurers will also have to notify the insured when they plan to settle a claim. Being kept in the dark has been a source of complaints for insured person.

Another change will be that the onus will be on insurers to ask the relevant questions when a consumer or small firm is taking out a policy. This is a reversal of the current situation where the policy holder is expected to anticipate what has to be disclosed.

Our view here in Donal T. Ryan Solicitors LLP is that anything that places a bigger obligation on insurers can only be a good thing.

If you have any queries on the enclosed, or a query on insurance do not hesitate to contact Donal Ryan or Lorcan Dunphy in our Cashel office at 062 61288

Local Courts – Immediate Access – Family law

The District Court is a Court of local and limited jurisdiction but is the work of this Court that the general public hear about most often – have you heard Paddy O’Gorman on the Today with Sean O’Rourke RTE radio show?

The District Court is usually held once or perhaps twice a month in a local town and deals with a variety of cases. From a Family Law point of view it is often the Court of first contact for parties when their relationships have broken down, and they require immediate protection from the Courts. Orders under the Domestic Violence Legislation or Maintenance and Access to children are the types of situations that are dealt with by the District Court on a day to day basis.

In this blog, I set out the types of family law applications that can be made in the District Court and the range of Orders that can be made by the Court.

One of the most common applications to the District Court is for a Protection order – when a party is in fear of, their partner or the other parent of their child and the protection of the Court is required. A Protection order enables a party who feels that their health and safety is at risk, and they are in fear of the other person to apply to the Court in an ex-parte application ( without notice to the other side) and after giving information to the Judge under Oath – why they should be given the protection of the Court. If the Court accepts their evidence then the party can get a Protection Order which prohibits the other person from using violence, threatening violence, molesting or putting the victim/partner/spouse in fear. This is a temporary Order and only lasts until the hearing of the main Court case where the party against whom it is sought has the right to put their case forward.

The long term applications that can be sought in the District Court are a Barring Order for a period of up to three years and a Safety Order for a period of up to five years.

The other most common order in the District Court relates to Maintenance – this is where a parent / spouse / partner can apply to the Court and seek a regular payment from the other parent / spouse or partner. The District Court only has the power to Order payments to a maximum of €150.00 per week per child and €500.00 per week in respect of a spouse. If you are seeking a payment above this, an application needs to be made to the Circuit Court. It is also possible as part of the Court Order to have your maintenance paid through the District Court Clerk’s office. If the maintenance is not paid, then it is open to the Maintenance Creditor to again apply to the Court for a variety of reliefs.

The District Court is a Court of first jurisdiction and the work of the District Court especially in family law matters is of most importance to the general public.

Donal T.Ryan Solicitors LLP Cashel and Cahir, represent clients in all Courts. Aidan Leahy and Máire McMahon are experienced District Court practitioners in all aspects of Court work. Contact us at 062 61288 or 052 7441244 or www.dtryan.ie