exceptional hardship help guide - april 2014

7/28/2019 Exceptional Hardship Help Guide - April 2014

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Exceptional

hardshiphelp guide


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This guide is designed toassist you in completing ourexceptional hardship procedure

application form.Each section of the exceptional hardship procedureapplication form has a corresponding referencenumber. This guide sets out each reference numberand its explanation.

We have also included a frequently asked questionssection at the end of the guide.

If you have any further questions regarding theapplication please contact us [email protected] or 0800 0721 086.


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Contact details

0.1 Title Provide any titles that the rst / second applicant may have.Examples: Dr / Mr / Mrs / Miss

0.2 First name Provide the given name for the rst / second applicant asshown on their passport or birth certicate. This is the namegiven to the applicant at birth, but not their family/ surname.

0.3 Surname Provide the surname for each of the rst / second applicant.

This should match the details on any supporting documentssubmitted in the application.

If the surname has been changed, either through marriage ordeed poll, please provide copies of documents recording thechange with your submission.

0.4 Executor, trustee,partner, agent,solicitor

Only complete if this application is being submitted by aperson other than the owner.

Please state the capacity in which your interest is held and anycollective name.

0.5 First name Provide the rst name of the person completing the form onbehalf of the owner, as identied in question 0.4.

0.6 Surname Provide the surname of the person completing the form on thebehalf of the owner, as identied in question 0.4.

0.7 Company /

organisation name

Provide the name of the company / organisation that the

person identied in questions 0.4, 0.5 and 0.6 is employed by.0.8 Contact address This is the contact address for the person identied in

questions 0.4, 0.5, 0.6 and 0.7.

The contact address for the property should be provided inquestion 0.12.

0.9 Telephone number(day)

This should be completed for the person who is to be directlycontacted during the daytime by the property purchase panelor the administrator.

If contact is to be made through a person identied inquestions 0.4, 0.5, 0.6 and 0.7, include their number.

If the contact is through the rst or second person identied inquestions 0.1, 0.2 and 0.3, include their number.

Daytime hours are dened as being between 9am and 6pm.

For all numbers please ensure that area codes and extensionare included. If the number is an international one, pleaseinclude the international dialling code.


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0.10 Telephone number(evening)

This should be completed for the person who is to be directlycontacted during the evening by the property purchase panelor the administrator.

If contact is to be made through a person identied inquestions 0.4, 0.5, 0.6 and 0.7, include that number.

If the contact is through the rst or second person identied inquestions 0.1, 0.2 and 0.3, include that number.

Evening hours are dened as being between 6pm and 9pm,British standard time (adjusted for daylight saving / summertime as required).

There will be no contact after 9pm, or before 9am. These willbe treated as out of contact hours.

For all numbers please ensure that area codes and extensions

are included.

If the number is an international one, please include theinternational dialling code.

0.11 Email address This should be completed for the person who is to be directlycontacted via email by the property purchase panel or theadministrator.

0.12 Address of theproperty which you

are applying for

This should include the full postal address of the propertyincluding the post code.

If the property is within an apartment block please providesome indication of the size of the block and on which oor theproperty is located.

0.13 Contact address This should be completed when the application is being madeby persons who do not reside in the property and who will bethe principal contact.

If the address is international please ensure that the country isalso provided in the address.

0.14 Please tick the boxesbelow where youconsider that youmeet the procedurecriteria as set outin this guidance.Applications whichdo not meet all ofthe criteria are likelyto be rejected.

Please tick the relevant box associated to the respectivesection title, for which you believe your application meets therequirements.

It should be noted that if a section is incomplete you will notmeet all criteria and as such the application could be rejected.


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Section 1 Property type

1.1 Owner-occupier ofprivate residentialproperty (to includefreeholders and longleaseholders)

If you are the owner-occupier of a private residential property,which you would like Thames Water to purchase, you shouldtick this box.

You are required to provide supporting evidence with yourapplication as detailed in the application form.

1.2 Owner-occupier ofbusiness premiseswhose annualrateable value doesnot exceed 34,800

If you are the owner-occupier of business premises withannual rates of below 34,800 which you would like ThamesWater to purchase you should tick this box.

The value of 34,800 brings the approach in line with theblight provisions under the Town and Country PlanningAct 1990, and is consistent with other similar projects (e.g.Crossrail).


1.3 Mortgagees (i.e.banks or buildingsocieties) witha right to sell aproperty and whocan give immediatevacant possession

If you are the mortgage holder with the right to giveimmediate vacant possession to the property which you wouldlike Thames Water to purchase you should tick this box.


1.4 Personal

representatives of adeceased person

If you are the personal representative of a deceased person

responsible for an aected property which you would likeThames Water to purchase you should tick this box.



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Section 2 Proximity of property to the Thames Tideway Tunnel works sites

2.1 Briey, describe thelocation and natureof the property, withreference to theproposed location of

the Thames TidewayTunnel.

It will assist us with your application if you can give adescription of the property you want Thames Water to buyand how you believe it is being or will be impacted by theThames Tideway Tunnel.

The property must be within 100 metres of the area identiedas being part of a works site for the Thames Tideway Tunnel.Outside this limit the panel may be prepared to exercise itsdiscretion based on the particular circumstances of the case.

If you require information on the location ofthe Thames Tideway Tunnel pleasevisit www.thamestidewaytunnel.co.ukor call us on 0800 0721 086.

You should ensure that you include additional information,

such as the oor of a multiple dwelling unit you are applyingfor, as this will aid the panel.

Section 3 Eforts to sell

3.1 Date of advice We need to know the price(s) at which you have advertisedyour property on the market, the dates when you changed theprice and details of who advised you about the price changes.

Please use a new row for each price and the changes you haveindicated.

For each change of price please provide supporting evidencewith your application.

3.2 By whom / via whichestate agent?

This should provide the name and address(es)of the estateagent(s) who advised on price or price change(s) during themarketing of your property.

3.3 Advised price Please state the asking price for your property and anychanges as noted in 3.1.

3.4 Name, addressand telephonenumber of agent(s)approached toobtain suggestedasking price

This needs to include the contact details for the estate agentstated in question 3.2.

Additionally include at least two other estate agents whomyou have approached for a proposed asking price for yourproperty.

This should include the full postal address for the agent, thename of the representatives you dealt with and the speciccontact details.


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3.5 When was theproperty rst placedon the market?

Provide the date when your property was put up for sale. Theproperty must have been on the market for at least threemonths.

This should include any previous estate agent with whomthe property had been placed, that may have/have not beenindicated in question 3.4.

Please include any documents supporting this section withyour application.

3.6 What was the initialasking price for theproperty?

Include here the price you were rst advised to put theproperty on the market for by the rst estate agent you used.

3.7 What is the currentasking price for theproperty?

Tell us what price the property is currently on the market for.

3.8 Date of oer We require the history of any oers made to you for theproperty from the date it was rst oered for sale, as indicatedby question 3.5.

Please put the date when each oer was received in this box.

3.9 By whom / via whichestate agent?

Please provide the name of the estate agent each of the oerswas made to.

3.10 Oer Tell us the oer price in each case with any conditionsattached.

3.11 Name, address andtelephone numberof agent(s) currentlymarketing theproperty

Provide full name, address and contact details of yourestate agent or, if jointly instructed, of all estate agents withinstructions from you at the moment to sell your property.

Section 4 No prior knowledge of the Thames Tideway Tunnel proposals

4.1 On what datedid you purchaseor acquire the

property?

Let us know the date when you purchased the property.

If you acquired the property around the date indicated on the

question, it might be relevant to provide us with the date youexchanged contracts to purchase.

4.2 In which year didyou move into / takepossession of theproperty?

Please provide the date when you moved into the property.


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Section 5 Exceptional hardship

5.1 Describe thereason(s) whyyou would suerfrom exceptionalhardship if you

had to wait to sellyour property, untilsuch time as theproject is completed(expected to be2023).

Please provide any reasons why you believe you will suerfrom exceptional hardship.

This should include your denition of hardship and how youwill be impacted should you be unable to sell your property.The timescale for construction of the Thames Tideway Tunnelnow means that having proven your need to sell it may not benecessary to wait until that need has become urgent for thepanel to determine that this criterion has been met.

This will enable the independent panel to fully understand andaddress your application in conjunction with others received.

5.2 Please tick the boxesfor each section thatyou have completed

and providedevidence for.

This will help you to ensure that prior to sending theapplication you have dealt with all sections required to becompleted by you.

If this is not complete the application will not be processedand will be returned for you to provide the missinginformation.

5.3 Please list all thesupporting evidencethat you are sendingalong with thisapplication form.

This will help us ensure that when we review your applicationwe can check it is complete, and that when we return yourdocuments we have a checklist of what you sent.

5.4 Please provide any

other informationthat you think isrelevant to yourapplication.

This is additional space for you to add any further statements

or information you would like us to put in front of theindependent panel for their consideration of your application.


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Frequently

askedquestions


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What is the exceptional hardshipprocedure?

This is how we will assess claims fromhouseholders who contend that they aresuering hardship as a result of being unableto sell their property because it is potentially

impacted by the currently published ThamesTideway Tunnel proposals.

Property owners making a claim must be

able to demonstrate that they meet all ofthe following criteria:

1. They are owner-occupiers of eitherresidential or small business property.They could also be mortgagees or

personal representatives of a deceasedowner.

2. The property is in proximity to theThames Tideway Tunnel dened asbeing within 100 metres of the areacurrently identied for use as a workssite. Decisions on marginal cases will beleft for the discretion of the panel.

3. They have made all reasonable eortsto sell the property but have notreceived an oer within 15 per centof the propertys open market value(Unaected Fair Market Value).

4. They purchased the property beforethere was public awareness of theThames Tideway Tunnel proposals(phase one public consultation was

launched on 13 September 2010).Alternatively due to changes to theproject since that time, it may alsomean they can demonstrate theypurchased the property before it couldhave been reasonably possible to haveknown about the project proposalswhich could aect their ability to sell theproperty.

5. There is a pressing need to sell theproperty and the owner would suerexceptional hardship if unable to sellthe property before Thames Watercompletes the project.

How soon can I make anapplication?

One of the criteria to be met prior tosubmission of your application is that yourproperty has been on the market for atleast three months and that you have made

reasonable eorts to sell it in that time.

During the application process you shouldcontinue to actively market your propertywith an estate agent.

Why do you have this procedurewhen no decisions have been

made?We accept that the prospect of long-termconstruction work may make it dicult forpeople to sell their properties. We wantto understand individual circumstances,and if people are aected by our worksthen we need to understand those and actaccordingly.

The arrangements we are introducing aremodelled on those in place for similar scaleinfrastructure projects, such as Crossrail.


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Will my property be eligibleunder the exceptional hardshipprocedure?

To be eligible you must meet all vecriteria set out in the procedure. If you are

unsure whether your property is withinapproximately 100 metres of a worksite, youcan do this by looking on our website at:www.thamestidewaytunnel.co.uk or callingour helpline on 0800 0721 086. Propertiesthat lie above the route of the tunnel will notbe eligible to claim exceptional hardship.

What if I acquired my property

after 13 September 2010?If you bought the property after this andwere not aware of the project, we wouldneed further information to assess anapplication. This should include a statementon why at the time of purchase you couldnot reasonably have known about theThames Tideway Tunnel proposals such thatthey were going to aect your property.

This could be because the proposals werechanges to the original preferred proposalsand only emerged after you committed tobuy your property.

How do I make my application?

If you believe you meet the ve criteria, youthen need to ll in the application form andsend it to us. Application forms areavailable by:

Visiting:www.thamestidewaytunnel.co.uk

Calling our 24-hour helpline:0800 0721 086

Emailing:[email protected]

Writing to us at:Thames Tideway Tunnel

7th Floor, The Point,37 North Wharf Road,London W2 1AF

Applications must be submitted by post ordelivered to the above address, along withany necessary supporting documentation.

How long will it take to considermy application?

The review process should take no morethan three months and we will advise allapplicants by letter of whether or not theirapplication has been successful.

Who will consider my

application?We have asked an independent panel toreview all applications to ensure applicantsare assessed fairly and equally. The panel willadvise us of their recommendation.


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What if I dont agree with thedecision on my application?

Thames Water will make the nal decisionbased upon the panels recommendation. Ifyour circumstances have changed in relationto the ve criteria then you may resubmit an

application after three months.

It would be helpful in this instance toresubmit the original with the change ofcircumstance explained in full.

How will the valuation of myproperty be carried out?

If we agree in principle to buy your property,two valuations will be carried out. These willbe done by two independent valuers, chosenfrom a pool of valuers who are familiar withyour area.

The property owner will be able to select oneof these valuers from the pool and the otherwill be chosen by us.

If the valuations are within ten per cent ofeach other, then the price which we will oerto pay you would be the average of the two.

In the event that the opinions dier by morethan ten per cent, an additional valuationwould be obtained and the oer made onthe average of the closest two.

How long are valuationsvalid for?

If your application is successful, a valuationwill be determined and a formal oer to buyyour property will be made.

That oer is open for acceptance for thelife of the exceptional hardship procedurebut no longer (or for two months afterthe procedure closes if the oer is madewithin the last two months of the life of theproject). If this oer is not accepted withinsix months, Thames Water reserve the rightto carry out a re-valuation.


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If you oer to buy my propertyand I accept, how will thepurchase then proceed?

The purchase process will be handled in thesame way as any property purchase and

we expect the whole process for domesticproperties to take about 12 weeks from thedate that both your and our solicitors areappointed.

Following your acceptance of the oer wewill start the legal formalities and will alsoappoint surveyors to undertake structuraland condition surveys. The surveyorswill contact you directly to make the

appointment to visit your property.Providing the surveyors report and the legalreport on title do not identify any seriousproblems, the solicitors will be instructedto complete the conveyance process. In astraightforward purchase we would expectcontracts to be exchanged within eightweeks and completion to take place two tofour weeks later. If you would like to agreethe completion date we ask that you discussthis with your solicitors and request them tocontact our solicitors as is normal in propertysales.

If you oer to buy my propertyand I accept, what costs will I beliable for?

You will be liable for all costs which wouldhave reasonably been incurred on the sale ofthe property at market value were it not forthe prospect of the project.

What happens if Thames Watersells the property at a prot?

The transaction would be no dierent fromany normal market sale. However, owing toThames Water being a regulated businessany prot from property sales would,

overseen by Ofwat, be returned to ourcustomers through lower bills.

Do you have a limited budgetavailable to buy properties? Doesthat mean that I might miss outif I do not submit my application

until later in the process?We have budgeted what we feel is a realisticsum to deal with claims that will be made.Each application will be dealt with on itsmerits.


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If you have questions about our other activities

Visit: www.thameswater.co.uk

For billing or account enquiries call: 0845 9200 888Lines are open weekdays from 8am - 8pm and on Saturday from 8am - 1pm(Minicom or Typetalk: 0845 7200 899)

For water or wastewater enquiries call: 0845 9200 800Lines are open 24 hours a day(Minicom or Typetalk: 0845 7200 898)

For more information about the Thames Tideway Tunnel

Call: 0800 0721 086 Lines are open 24 hours a day

Visit: www.thamestidewaytunnel.co.ukEmail: [email protected]

For our language interpretation service call 0800 0721 086

For information in Braille or large print call 0800 0721 086

exceptional hardship help guide - april 2014

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