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ADDED 16/05/08

‘Truly dreadful implementation’ of HIPs says property specialist

 


Property investment companies and individual residential landlords looking to purchase or sell buy to let homes were first dismayed by the original introduction of Home Information Packs (HIPs), and are now frustrated by the subsequent delays.

The latest delay and moving of the goalposts announcement this week from Housing Minister Caroline Flint has prompted comments and concerns from Tim Barton, a partner at Dreweatt Neate.

Barton said: “This latest announcement may have some people believing that this once interesting idea is fast becoming doomed by its dreadful introduction.

“It has been dogged by delays and last-minute changes for the past 12 months and the latest pronouncement concerns the intended regulation concerning ‘First Day Marketing’.

From June 1, every property was supposed to have its HIP ready for the first day it was put on the market but Flint has extended the temporary provision requiring HIPS to be ordered rather than available before marketing can begin.

Barton continued: “Bearing in mind the time it can take for HIPs in some areas to be assembled due to the slow supply of searches with some local and water authorities (a month is not unusual) this is just as well.

“I have been a vocal supporter of the need for reform in estate agency and the general direction of the industry for a long time, but have been saddened by the emasculated version of HIPs that has arrived and its truly dreadful implementation.

“However, I think HIPs can still be turned into something worthwhile if the industry, and the public, most of whom recognise the need for a shake-up, are listened to and their opinions genuinely taken into account and acted upon.

“While HIPs have been rumbling away, several reviews of the residential estate agency have been taking place or launched and the Government has said it will work with interested parties “to bring together best practice”.

“In the meantime, there is still much to do to make the HIPs worthwhile, and of value to vendors and purchasers.

“Value to the vendor. This should be that any anomalies in the property ownership title are realised and sorted out at an early stage, so that there are no nasty surprises once a sale is agreed and less delay before contracts can be exchanged.

“Value to purchasers. They can check the title and boundaries and any restrictions or easements. From the searches they can be aware of any problems. From the Energy Performance Certificate in the HIP they will be aware of the efficiency of the house, and how they might improve it.

“In Practice, few vendors or purchasers bother to read the documents provided. Why? Partly because they never have, and don’t expect to understand what they read (have you ever tried interpreting a local search – horrendous), partly because they still don’t realise that the HIP is available and what it contains, and partly because if they want to buy a house, they don’t much care about the details. They believe that’s for their advisors to deal with.

“Solicitors don’t regularly ask for or use HIP contents, purchasers’ solicitors want to do their own searches, some agents frequently don’t offer a sight of the HIP to those interested to buy or making an offer, and the government publicity is non-existent.

The original idea was sound – provide much more useful information upfront for those considering a purchase including Title, Home Condition Report, EPC and basic searches. Then speed up solicitors and additional searches to minimise delay and wasted expense on sales falling through or being delayed / renegotiated.

Over the rest of the year the government is committed to encourage more information to be included in the HIP such as changes made to the property, fixtures and fittings. They “will develop in partnership with property professionals, means for capturing consumer friendly information for inclusion in the HIP.” With the industry this will also work towards an “exchange-ready pack”.

Provided the Government listens to those in the industry and makes some sensible, positive decisions, this will be fine. We still have a chance to rescue something from the mess that HIPs have become and enjoy a positive advance for consumers and the industry.”


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