An opportunity for a Property Solicitor to join the team…

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Senior Property Solicitor

Band G including market supplement enhancement £25,039 – £27,885 per annum (full-time equivalent £41,732 – £46,476 per annum) plus lease car cash equivalent, currently £238 per month

Part-time permanent contract, 21¾ hours per week

Do you enjoy and have significant experience in the areas of residential and commercial property?

Would you like to have the opportunity to further develop your skills by gaining experience in large regeneration projects?

Are you ready to step into your first management role, or do you have existing management experience that you would like to develop more?

If you have answered yes to these questions, our Senior Property Solicitor vacancy might be the role for you!

What are we looking for?

As our new senior property lawyer you will lead on all complex property legal matters for the Council and for external clients as required.  You will have line management responsibility for one team member, so previous line management experience, or an eagerness to step into a management role, is required.  As a senior member of the legal team, you will help and support the Legal Services Team Manager and Head of Legal and Commercial Services in areas of corporate governance, as well as building strong and lasting internal and external relationships.

What can we offer to you?

This is a fantastic opportunity to take a step up into a senior role, taking on new challenges and management responsibilities.  Your development is important to us, so we will support you throughout as you take this next step in your legal career.

We have put together a generous salary package including a car allowance (with cash equivalent) plus the following additional benefits:

  • Agile working scheme with a combination of home and office working
  • Pro rata equivalent of 33 days holiday (including bank holidays) increasing to 37 days after 5 years
  • Attractive Local Government Pension Scheme with at least 25% employer’s contribution
  • Employee benefits programme’ including payback on medical, dental and optical expenses
  • Continued training and development opportunities

Are we right for you? 

We are a solution-focussed council.  Through listening and fair and balanced decision-making, we aim to do the best we possibly can for our communities.

Legal Services play a vital role in ensuring good governance and helping officers find solutions to problems with a ‘can do’ approach.  The Legal Services team has an existing external client base of 32 clients, with plans to grow it even further.

You will be joining a team of specialist lawyers, each with their own areas of expertise, including contracts and procurement, planning, property, regulatory and enforcement.  Our structure enables everybody to focus on their own specialisms whilst also being exposed to other areas of law through close working relationships with colleagues.

You will be supported by a first-class administration and practice management team, as well as working closely with information governance colleagues as needed.

As a Council we are embracing agile working, acknowledging that the old days of 9-5 in the office do not need to be the norm.  Your role will be classed as a hybrid role, recognising that there may be times when you need to attend the offices (for example, to complete transaction documents or attend some meetings) but outside of that, as long as it works for us and our customers too, we are happy for you to take a flexible approach to your working arrangements.

Are you right for us? 

We want you to succeed in this role.  To do so, you will need to be able to undertake work in the areas of commercial and residential property; due diligence; property transactions; regeneration projects; and compulsory purchase orders.

You will need to be able to advise in the context of local government law and therefore experience of this is desirable but not essential, as we would hope with training and support this will develop over time.

To fit in well with the team, you will be proactive, a quick learner, able to work flexibly and someone who can bring enthusiasm to the role.

If you would like to know more about the job feel free to contact Kate Hiller, Legal Services Team Manager on 01530 454379 or by email to kate.hiller@nwleicestershire.gov.uk

You can apply for any of our posts online at https://www.nwleics.gov.uk/pages/jobs_and_careers

Applications must be made using the on-line application process.

Disabled applicants who meet the essential criteria for the job will be guaranteed an interview.

We welcome applications from all sections of the community.

Closing Date: Sunday 26 February 2023

We are looking for a Planning lawyer…

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Senior Planning Solicitor

Band G including market supplement enhancement £41,732 – £46,476 per annum plus lease car cash equivalent (currently £238 per month)

Full time permanent contract

Are you a Qualified Solicitor or Barrister (Supreme Court of England and Wales/English Bar) or Fellow of the Institute of Legal Executives or do you have equivalent relevant experience?

Do you enjoy, and have experience in, the areas of planning and regional development?

If you have answered yes to these questions, our Senior Planning Solicitor vacancy might be the role for you!

What are we looking for?

As our new Senior Planning Solicitor, you will lead on all planning legal matters for the Council, as well as external clients (as required). You will have line management responsibility for one team member, so previous line management experience or an eagerness to step into a management role, is required.  As a senior member of the legal team, you will assist and support the Legal Services Team Manager and Head of Legal and Commercial Services in areas of corporate governance, as well as building strong and lasting internal and external relationships.

What can we offer to you? 

This is a fantastic opportunity for a specialist planning lawyer to take a step up into a more senior role, taking on new challenges and management responsibilities.  Your development is important to us, so we will support you throughout as you take this next step in your legal career.

We have put together a generous salary package including a car allowance (with cash equivalent) plus the following additional benefits:

  • Agile working scheme with a combination of home and office working
  • 33 days holiday (including bank holidays) increasing to 37 days after 5 years
  • Attractive Local Government Pension Scheme with at least 25% employer’s contribution
  • Employee benefits programme’ including payback on medical, dental and optical expenses
  • Continued training and development opportunities

Are we right for you? 

We are a solution-focussed council.  Through listening and fair and balanced decision-making, we strive to do the best we possibly can for our community.

Legal Services play a vital role in ensuring good governance and helping officers find solutions to problems with a ‘can do’ approach.  The Legal Services team has an existing external client base of 32 clients, with plans to grow it even further.

You will be joining a Lexcel accredited team of specialist lawyers, each with their own areas of expertise, including contracts and procurement, property, regulatory and enforcement.  Our structure enables everybody to focus on their own specialisms whilst also being exposed to other areas of law through close working relationships with colleagues.

You will be supported by a first-class administration and practice management team, as well as working closely with information governance colleagues as needed.

As a Council we are embracing flexible working, acknowledging that the old days of 9-5 at the office do not need to be the norm.  This job is classed as a hybrid role, recognising that there may be times when you need to attend the offices (for example, to attend a committee meeting) but outside of that, as long as it works for us and our customers too, we are happy for you to take a flexible approach to your working arrangements through a combination of home and office based working.

Are you right for us? 

We want you to succeed in this role.  To do so, you will need to be able to undertake work in areas of planning and regional development; S106 agreements; planning enforcement; permitted development; and compulsory purchase orders.  You will also need to be comfortable acting as an advisor of or to the Council’s planning committee and as an advocate at public/planning enquiries and in courts.

You will need to be able to advise in the context of local government law and therefore experience of this is desirable but not essential, as we would hope that this will develop over time.

To fit in well with the team you need to be proactive, a quick learner, able to work flexibly and someone who can bring enthusiasm to the role both working individually and as part of the team.

If you would like to know more about the job feel free to contact Kate Hiller, Legal Services Team Manager on 01530 454379 or by email to kate.hiller@nwleicestershire.gov.uk

You can apply for any of our posts online at https://www.nwleics.gov.uk/pages/jobs_and_careers

Applications must be made using the on-line application process.

Disabled applicants who meet the essential criteria for the job will be guaranteed an interview.

We welcome applications from all sections of the community.

Closing Date: Sunday 26 February 2023

Right to Buy – after the purchase

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Helen Lisney

by Helen Lisney, Legal Officer

When a property is on the open market the seller’s interest ceases upon completion of the sale.    However, when a property is sold under the right to buy scheme then the selling local authority will retain rights in relation to the property for a period of 10 years from the date of completion.

When a property is purchased under the right to buy scheme pursuant to Part V of the Housing Act 1985, the purchasing tenant is entitled to a percentage discount, dependant on the length of time spent as a public sector tenant.    If they have been in a public sector tenancy for 3-5 years they are entitled to a 35% discount, which increases by 1 % for every additional year after the first 5 up to a maximum discount of 70 %.        The maximum discount available is currently capped at £87,200 (£116,200 in London) and this increases on an annual basis.

Repayment of Discount

Section 155 of the Housing Act 1985 deals with the repayment of discount on early disposal of the property.

If the property is sold within 5 years of purchase there is a requirement that a proportion of the discount is repaid to the Council.   If the property is sold within a year of purchase then the full discount is repayable, and this reduces by one fifth for each complete year.

The amount of discount repayable is calculated as a percentage of the price the property is being sold for rather than the original purchase price.    The amount of discount repayable can be reduced to take into account any of the purchase price which is attributable to home improvements carried out by the owner since the date of purchase.  This amount can be agreed between the parties or determined by the district valuer.

The discount is only repayable on a relevant transfer and certain transfers are exempted.  For example,   a transfer from joint to sole ownership of one of the original purchasers; the vesting under a will or on intestacy, it is required under an order of the court in family proceedings.    If there is any such exempted disposal the requirement to repay the discount will remain until the end of the five year period.

When the property is purchased a charge is registered at the Land Registry to protect the Council’s interest.

Right of First Refusal

Section 156A of the Act deals with the right of first refusal.

Whilst the repayment of the discount only subsists for a period of 5 years, if the purchaser wishes to sell within 10 years of the original purchase they must first offer the Council the right to repurchase the property.

The owner must serve a notice on the Council advising them of the proposed sale and offering the right of first refusal.     The Council can then choose either to buy back the property, nominate another social housing provider to buy the property or allow the property to be sold on the open market.

The Council must acknowledge the receipt of such notice as soon as reasonable practical and must within 8 weeks notify the seller if it wishes to accept the offer for itself, or nominate another housing provider to accept the offer.  If it wants to reject the offer it must do so as soon as the decision has been made.

The property should be purchased at market value.  If the parties cannot agree the value then the district valuer can be appointed to determine the value of the property.

If the Council wishes to repurchase the property it must enter into a binding contract within 12 weeks of the acceptance notice being served, or within 4 weeks of the date of receipt of a notice from the owner that he is ready to complete, whichever is later.  (Any period waiting for the district valuer’s report is excluded from this calculation).

The Council’s right to first refusal is protected by a caution registered against the title to the property.

If the Council does not wish to purchase the property and the owner is permitted to sell on the open market then the Council will need to provide a certificate confirming that the provisions have been complied with to enable the transfer to be registered.