Buying the house im currently living in from my ex partner

[slonie]

Hi,

I dont know if this in the right place, but I would like a little advice on what paperwork is needed and what process needs to happen.

Currently I am living in the house that I had with my ex partner. He has the mortgage in his name. He lives at the other end of the country.

He wants to sell, myself and my new partner want to buy.

We have yet to agree the price, given the work that needs doing, but assuming we agree on the price, my partner and I are then going to the mortgage company to confirm.

I have assumed that from that point, its like buying any other house, my solicitor talks to his solicitor and we exchange. Job done, easy peasy. or so I thought. .....


My ex partner is having an appraisal done on the house (ok, fair enough). He is wanting an EPC doing, and a list of fixtures and fittings? (surely these are unnecessary, as im already living in the house, and paying all the bills) is that standard? I thought an EPC only needed to be done if you were taking the house to market? again, a list of fixtures and fittings? whilst i can see it needs to be written somewhere, how would we go about sorting out for the new cooker and hob i had to install (im not paying twice for a cost ive already incurred)

Any advice or suggestions,/pointers, would be a big help.

Thanks so much.

[des8]

An EPC is only required if the house is being advertised on the open market.
If the property is being sold privately to a friend, family member etc andno formaladvertising has or is going to take place then no EPC is required
I'll see if I can locate the actual regulations

[slonie]

Thanks Des8

That would be really useful, i didnt think an EPC was needed in this case. I would imagine half of what is required selling a house to the "public" doesnt apply necessarily.

[des8]

http://www.legislation.gov.uk/uksi/2012/3118/regulation/7/made

Energy performance certificates on marketing

7.—(1) Subject to regulation 8, this regulation applies where—

(a)a building is to be sold or rented out; and

(b)no valid energy performance certificate is available for that building.

(2) Before the building is put on the market, the relevant person must secure that an energy performance certificate is commissioned for the building.

(3) Before marketing the building, a person acting on behalf of the relevant person must be satisfied that an energy performance certificate has been commissioned for the building.

(4) The relevant person and a person acting on behalf of the relevant person must use all reasonable efforts to secure that a valid energy performance certificate is obtained for the building before the end of a period of 7 days starting with the day on which the building was first put on the market.

(5) Where any person subject to the duty in paragraph (4) is unable, despite using all reasonable efforts, to secure that a valid energy performance certificate is obtained for the building before the end of the 7 day period specified in that paragraph, the person shall secure that the certificate is obtained before the end of the period of 21 days immediately following the 7 day period.

(6) In this regulation—

(a)“the market” means the property market in England and Wales;

(b)a building is put on the market when the fact that it is or may become available for sale or rent is, with the intention of marketing the building, first made public in England and Wales by or on behalf of the relevant person;

(c)a fact is made public when it is advertised or otherwise communicated (in whatever form and by whatever means) to the public or to a section of the public;

(d)an energy performance certificate is commissioned when a request is made—

(i)which is properly addressed to an energy assessor who is accredited to produce energy performance certificates for the category of building in question, and

(ii)which is in such form, contains all such information and is accompanied by such payment or undertaking to make such payment as is usually necessary to obtain a certificate.


The regulation applies only to property which is being marketed, so not to privately negotiated sales

[slonie]

Hi

As an addition to this post, does anyone know if the seller (in this case my ex partner) needs to complete the law society forms TA6 and TA10 forms still, if its a private sale between me and him?

Thanks in advance.

[des8]

It isn't a legal requirement that these forms are used, but only standard practice to protect both buyer and seller in event of future disputes.

The TA6 actually states the seller does not have to complete the form, whereas TA10 could become part of the contract.

Any reason why you want to waive the completion of the forms by your ex?

TA6: file:///C:/Users/Others/Downloads/TA6%20specimen%20FINAL.pdf
TA10 : file:///C:/Users/Others/Downloads/TA10%20specimen%20FINAL.pdf

[slonie]

Hi Des8,

Thanks for responsding so quickly,

I dont necessarily want him to waive the filling in of the forms, im double checking his information, where he has stated as absolute fact that the reason for him taking so long, is because he has to fill in all of this paperwork.

Fact checking really.

I can see that it would be beneficial as the forms would then lay out exactly what was being purchased.

My only concern is ensuring that the items I have updated in the house arent included on his fixtures and fittings list, to ensure I dont have to pay for them twice.

Thanks

[des8]

Well if he lists items which you own, and requires you to pay for them, you dispute it.