Glossary
CAB
A charity which can offer free legal and financial advice to the general public.
Capital And Interest Mortgage
Also known as a repayment mortgage Your monthly payments gradually pay off the money (capital) you've borrowed, and also cover interest on the amount outstanding
Capital Appreciation
Growth or gain in the value of a property or asset over time Added to income This contributes to the overall or total return on a buy to let property or financial investment
Capital Gains
capital gain is a profit that results from investments into a capital asset, such as stocks , bonds or real estate , which exceeds the purchase price.
Capitalisation
The value of an asset assessed in relation to the expected future income (rental) stream
Capped Rate
A mortgage interest rate is a variable rate but capped at a maximum upper limit usually for a limited period
Case Management Conference
This is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case
Case Number
A unique reference number allocated to each case by the issuing Court
Cash Back
A sum of money usually paid by cheque by the lender on completion of a mortgage
Caveat
A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat
Caveat Emptor
Let the buyer beware, the onus is upon the buyer to discover, not on the seller to disclose
CCJ
Judgement for debt recorded at a County Court will show up when a credit check is undertaken - County court judgement - They are recorded on the Register of County Court Judgments for six years and can affect a defendant's ability to borrow money
Certificate Of Service
A document stating the date and manner in which the parties were served (given) a document. A landlord or their representative uses this form to provide the courts a statement of truth as to delivery of notices
Certificate Of Service 215
A landlord or their representative uses this form to provide the courts a statement of truth as to delivery of notices
Certificate Of Service N215
A landlord or their representative uses this form to provide the courts a statement of truth as to delivery of notices
Certificate Of Title
A certificate given to the Society by your legal representative confirms the title to your property is good and marketable
Chambers
Private room or Court from which the public are excluded in which a Judge may holding Landlord hearings for possession claims
Chancery Division
The Chancery Division is part of the High Court It deals with cases involving land law, trusts and company law.
Change Of Landlord Address
A Section 28 Notice MUST be served on the tenant
Change Of Use
More correctly referred to as a 'material change of use' A change in the use of land or buildings that is of significance for planning purposes, often requiring planning permission
Character Reference Landlord
Duty of care by the letting agent
Charge Certificate
Document of Title issued by the Land Registry subject to a Mortgage
Charging Order
A court order directing that a charge be put on the judgment debtors' property, such as a house or piece of land to secure payment of money due. This prevents the debtor from selling the property or land - without paying what is owed to the claimant
Chief Rent
A payment made on freehold land to the original freeholder for an infinite period Distinct from ground rent has a finite period
Circuit Judge
A judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court
Citizen's Advice Bureau
A charity which can offer free legal and financial advice to the general public.
Civil
Matters concerning private rights and not offences against the state
Civil Defendant
The person who has a claim made against them. They can defend (dispute the claim) or admit liability, in part or in full
Civil Justice Reforms
The result of the Access to Justice report by Lord Woolf The aim is to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management The reforms came into effect on 26 April 1999
Civil Procedure
The rules and procedures to be followed for civil cases in the county courts and High Court
Civil Procedure Rules
The rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts.
Civil Trial
Civil trials are generally held before one or more judges without a jury. The form and length of a civil trial will depend on the track to which the case has been allocated
Claim Form
Proceedings in a civil court start with the issuing of a claim form. The form, which is issued by the court (after the claimant has filed the form in court), includes a summary of the nature of the claim and the remedy (compensation or amends) sought
Claimant
The person issuing the claim. Previously known as the Plaintiff
Cleared Funds
Irrespective of the fact a cheque bounces one the tenant has possession they have security of tenure
CMC
This is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case
CML
Council of Mortgage Lenders - they are not regulated by the government
Co-Buying
Buying with another person who isn't your partner
Commissioner Of Oaths
Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence
Common Hold
common hold, this means that you can buy the freehold of a flat and own common parts of the building jointly with the owners of other flats in the building
Common Law
The law established, by precedent, from judicial decisions and established within a community
Common Law Tenancy
Created by granting a tenancy: For a rent less than £250 or more than £25000 per annum, To a company as opposed to an individual
Company Let
Where the obligations of the tenancy agreement fall up on a company not an individual
Compensation
Landlord Tenant cases will have a value of than 1,000 but less than 15,000 In addition tenants may sue for Cases with a Personal Injury Element . Above 15K becomes a multi track case
Completion Date
A date fixed in the Contract when all monies are paid over and the keys are released and the sale or purchase is finalised
Completion Statement
A written calculation of all the receipts and payments due in respect of the transaction
Compliance And Enforcement
Under statute councils must enforce housing acts
Compulsory Purchase Order
Local authorities and government agencies in England have powers under acts of parliament, to buy land that is not necessarily for sale by the owner
Conditions Of Sale
Part of the contract of sale drawn up during conveyance
Confidentiality Clause
An agreement between the parties to a lease or sale that some or all of the terms will remain confidential
Consecutive Sentence
An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences
Consent
If tenants do not have a real choice about whether or not their personal data is processed, and if they are not able to withdraw consent if they want to, without detriment, then any ‘consent’ they may have given will not meet the requirements of the DPA.
Conservation Area
An area given statutory protection under the Planning Acts, in order to preserve and enhance its character and townscape
Contaminated Land
Land affected by contamination could arise from a past use of a property (e.g. oil refinery) or by things stored on the property in the past (e.g. petrol station)
Contempt of Court
Disobedience or wilful disregard to the judicial process.
Contents Insurance
Insurance to cover loss or damage to your possessions in the home
Contingency
An amount kept in reserve to guard against possible losses
Contract
The document setting out the parties, the properties and any special terms and conditions relating to a transaction
Contribution
A right of someone to recover from a third person all or part of the amount which is due/liable to pay.
Conversion
Refers to a house has been divided to make 2 or more flats
Conveyance
The legal document transferring ownership from seller to buyer
Conveyancer
Person who carries out the legal and administrative process involved in transferring the ownership of loan or any building from one owner to another
Conveyancing
The legal work needed to buy and sell properties
Co-Respondent
A person named as an adulterer (or third person) in a petition for divorce
CORGI
Has now been replaced by the gas safe register
Corroboration
Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases
Costs (civil)
In civil proceedings the general rule is the person who wins the case is entitled to his or her costs. The court may decide to reduce the costs to be paid by the losing side if it feels that the winner has behaved unreasonably. The award of costs is at the court's discretion
Cottage
Generally refers to smaller rural properties
Council Tax
Where a property is dub divided or let on multiple AST then the landlord may be liable for council tax
Counsel
A Barrister or solicitor in legal proceedings
Count
An individual offence set out in an indictment
Counterclaim
A claim made by a defendant against a claimant in an action
County Court
County courts deal with civil matters such as disputes over contracts, unpaid debts and negligence claims. County courts deal with all monetary claims up to £50,000. There are 218 county courts in England and Wales. The county court is a court of the first instance – where civil cases start
Court Application Accelerated
see Accelerated Possession
Court Fees
The County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the defendant ignores the judgment of the court. You will also be charged if you make applications to the court
Court Hearing
for a Section 8 Application or a Section 21 Application
Court Of Appeal
The Court of Appeal is the highest court within the Senior Courts, which also includes the High Court and Crown Court.
Courtroom
The room in which cases are heard
Covenant
Legal obligations incorporated in the Title requiring either the seller or the buyer to do or not to do something in relation to the property
CPI
Consumer Price Index - This official measure is calculated each month by taking a sample of goods and services that a typical household might buy including food heating household goods travel costs
CPI vs. RPI
The RPI is similar in nature to the CPI, but differs in the type of goods covered and how it is calculated. The RPI includes mortgage interest payments and housing depreciation, while the CPI does not.
Creditor
A person to whom money is owed by a debtor
Criminal
Person who has been found guilty of a criminal offence
Criminal Defendant
Person standing trial or appearing for sentence
Cross-Examination
The questioning of a witness for the other side in a case.
