Phone Number: 01732 313 076

email:: info@edwardprentice.co.uk

Frequently Asked Questions

You can find frequently asked questions for our RICS expert services here. Find out more about property asset management, home valuation for divorce or commercial development.

Property Asset Management is a specialist topic which requires in-depth knowledge. Though there are experienced, professional asset managers such as Kent Property Witness to work on your behalf, it's still important to gain some basic knowledge of the process and how things work. 

We have put together a small list of common questions we are often asked to hopefully help with your query, but if you have any further questions, please simply contact us via 01732 313 076 and one of our friendly team will be more than happy to help.

Property Valuation and Investment

Investors buy investment properties for financial gain. The investors will upgrade the value of the property and then earn a profit from the income. To purchase the property outright, investors will sometimes take out a loan. 

Types of investment properties include:
Residential Investment Property
Industrial Investment Property

Are you looking for an investment property valuation?

Investors: They would need to know the property's value to work out ways to increase the value. 
Potential Buyers: They would need to know the value of their property to work out if the price is acceptable. 
People Looking to Sell their Property: The people looking to sell their property need to know how much to value it. Having your property valued also gives you insurance on your assets. 

Read more about  commercial property valuations in Kent.

The Comparison Method
Used to value the most common property types (warehouses, shops, houses and offices)

The Profits Method
Used when there are no comparable sale or rental transactions available

The Residual Method
Used to value a property that has potential for development or can be changed to make it a more profitable venture

The Contractor's Method
Usually used when you can't use comparative, profits or investment methods.

The Investment Method
Used to ascertain the market value of a freehold or leasehold interest of a property from its potential, which will generate future income

Read more about  how a commercial property valuation is done.

It is essential to calculate your rental yield if you are looking to invest in a property. The easiest way to calculate the rental yield is to find out the yearly rental income. Once you have done this, you need to divide it by purchasing prices and costs. The figure that you get from this calculation, you need to multiply by 100, which will give you the rental yield percentage. 

Find out more here about  rental yield for an investment property.

Commercial land is worth more than residential land because commercial lands have a higher potential income and are usually larger in size. The worth of the commercial land will depend on the following factors:
Location
Age
Condition
Demand
Potential Income

Read our full article answering:  why does commercial land cost more?

It is important to have your property valued following a divorce so that you will be able to choose an option that is best for your both. After your property has been valued, you can choose to either:
Sell your property
Buy out your partner
Buy out mortgage

Do you need advice about  property valuation following a divorce?

Property Management and Development

A property asset manager is there to manage your assets and give you the best financial advice. They can help with the following:
Residential Properties
Business Growth
Hiring Property Managers
Contract Negotiations
Commercial Properties
Asset Protection
Communication with clients, estate agents & other investors
Managing Income

Read more about  property asset management.

The location that you would like to build your property
The height of the building; this is for the Right to Light law and the privacy of other homes
The environmental factors your land development plans could affect

Are you looking for  land and development advice in Kent?

Land, in property development, determines the scope and potential of a project. The land's location, size, and shape influence the design of the building. Natural characteristics, such as soil and topography can also impact the construction phase.

Without the right land, property development projects can face many issues. Land with poor soil quality can cause extensive groundwork and reinforcements. Likewise, hilly or uneven terrain needs land grading and terracing. Regulations, including zoning laws, can also dictate what can be built and how. 

Property development for historic buildings differs from other types of property development. It requires preserving the building's history while updating it to follow modern standards. This delicate balance involves expert guidance from specialists in historic preservation. Revamping a historic building involves addressing many structural issues.

It's crucial to keep the building's original architectural details and finishes. This can be challenging as it requires a deep understanding of the building's history. Planning permissions and regulations are also stricter for historic buildings. Property development for historic buildings demands a complex understanding of construction and preservation. 

Legal and Dispute Resolution

If you are a leaseholder, you own the property, but you don't own the land that the property is built on; however, you own the property if you are a freeholder. 

Find out more about our leasehold advice services.

Rent: For example, if the landlord is increasing the rent or the tenant isn't paying the rent
Breaching the tenancy agreement: Breaching the tenancy agreement could cause a dispute between the landlord and the tenant. 
Condition of the property: For example, if there is any damage to the property caused by the tenants, or that has happened before the tenants move in, any repairs and ensuring the property is well maintained. 

Read more about how we can help with landlord and tenant disputes in Kent.

Alternative dispute resolution (ABR) is used to avoid the other party using the litigation method, which is expensive and extremely time-consuming. There are many different types of alternative dispute resolution (ADR), including:
Facilitation
Mediation
Arbitration
Expert Witness
Land Registry

Find out more about our boundary disputes surveyors.

A property dispute resolution aims to settle disagreements between property owners. These disputes might involve boundary issues, rights of way, or usage rights. Negotiation is the first step taken to try and reach a mutual agreement.

If that fails, mediation is the next step, where a neutral third party helps find a solution. When these methods are unsuccessful, the matter is taken to court for a final ruling. Throughout this process, it's crucial to gather evidence and understand your legal rights. This helps to strengthen your case and find a suitable solution.

An expert witness can be extremely beneficial for selling a house after a divorce, but it isn't essential. This is because expert witnesses can assist the judge with evidence, and they have all the necessary knowledge, experience and expertise of the rules and regulations.

Read more about  how to value a house in a divorce.

A leasehold advisory is a professional service that advises leaseholders. This advice includes extending a lease, addressing disputes, and managing service charges. When you have a leasehold, you are purchasing a lease from the freeholder. This means you have the right to live in the property for a set number of years.

However, you won't own the property outright. Instead, the freeholder (or landlord) will continue to own both the property and the ground it sits on. Since you won't own the property, having professional advice on the legal aspects can help.

In property development, several common boundary issues can arise. One major issue is disputes over the precise location of a boundary. These disagreements occur when property owners argue over where the dividing line is. Another frequent problem involves maintenance responsibilities for shared boundaries. This includes things like fences, walls, or hedges.

Accurate surveys and legal documentation can help reduce these boundary issues. Developers can also face conflicts with neighbours about who handles upkeep and repairs. Issues related to rights of way or restrictive covenants can also emerge. Addressing these issues can help maintain good relationships with neighbouring property owners.


Covenants and Legal Responsibilities

Positive Covenants
This is a binding contract that must be agreed upon by the original landowners. This contract will state an action that you must take to do with the house or a land. This could include:
Maintaining the house or the garden
Building an extension 
Paying for the maintenance and repair costs
When future landowners take over, if the actions stated in the covenant aren't completed, then the covenant can be reinforced back onto the original landowners. 

Restrictive Covenants
These are rules regarding a specific plot of land, a house or a commercial property. Future landowners must accept these rules. The rules usually state that if the future landowners want to change the land or the property, they must consent from the original landowners. Restrictive covenants are usually put on places where the characteristics need to be preserved. 

Do you want to find out more about  covenants on a property?

It is so important to start planning for the future as soon as you can, as if you don't, your assets could become exposed to financial predators, commercial creditor, bankruptcy, divorce or the taxman. Asset protection is basically the planning stage to protect your assets. 

Find out more information about  asset protection for commercial property.

In court proceedings, an expert witness is the one who will give the evidence. The court will trust the opinions, evidence, and facts from the expert witness as they will have the expertise, experience, and knowledge of that particular field. 

If an expert witness has been accredited by RICS (Royal Institution of Chartered Surveyors), then surveyors may ask them for independent information or advice regarding the cases involving land, properties, buildings, developments or leases.  

Follow this link to find more details answering: what is a expert witness surveyor?

In a leasehold, landlords have several key responsibilities. They are responsible for maintaining and repairing the building's exterior and communal areas. They are also responsible for the property to remain in good condition. Landlords must manage and account for service charges. This involves collecting and detailing costs related to maintenance and services.

Landlords are also expected to keep the leaseholder up-to-date. This includes changes in property management and any changes to the terms of the lease. Failure to meet these responsibilities can lead to legal consequences and disputes.

Find out more about  landlord and tenant disputes.

Matrimonial proceedings for property owners involve deciding how to distribute the shared property. These decisions include the couple's financial state, the length of the marriage, and the needs of any children involved. The goal is to reach a fair settlement that reflects the circumstances of both parties. 

 In some cases, properties can be sold, and the proceeds divided - or one spouse may buy out the other’s share. When children are involved, the court may prioritise their housing needs. Hiring a solicitor for matrimonial law can help navigate these proceedings.

Find out more about property valuation for divorce.

A property covenant is a legal agreement (or restriction) placed on a property by a previous owner, developer, or local authority. This agreement can limit what a property owner can do with their land or building. A covenant aims to preserve a specific appearance or use within a neighbourhood. 

Covenants can restrict specific types of building construction, or maintenance. They ensure consistency and can help maintain property values. By adhering to these rules, the aesthetic and functionality of the area are protected.

Covenants on properties last forever. However, there are instances where particularly old covenants can become unenforceable. This can occur for several reasons. If the original owner can't be traced or if the wording of the covenant is ambiguous, a covenant can be removed.

If you encounter an obsolete covenant on your property, consulting a lawyer is a good idea. They can help determine the enforceability of the covenant. Experts can determine whether a covenant affects your property or whether it's unenforceable. While property covenants generally last forever, their grounds for enforceability can vary.

Find out more about covenants on a property

Common signs of property negligence often include noticeable damage due to poor maintenance. This includes broken doors, cracked windows, or peeling paint. Another sign is neglecting legal responsibilities such as fire safety standards. Failing to address any tenant complaints about property conditions is another clear sign.

Other indicators may include overgrown gardens, bad plumbing, or unaddressed electrical issues. Poor sanitation is another sign of negligence. These signs include uncollected rubbish or unclean communal areas. Regular inspections can help spot these signs early and ensure the tenant's safety. 

Find out more about property negligence advice.

If you are looking for an RICS expert witness surveyor for Tonbridge And Kent get in contact today. Call 01732 313 076 or complete our contact form to forward an email enquiry.