HS2 EXCEPTIONAL HARDSHIP SCHEME FOR PHASE TWO Guidance and application form July 2013
High Speed Two (HS2) Limited has been tasked by the Department for Transport (DfT) with managing the delivery of a new national high speed rail network. It is a non-departmental public body wholly owned by the DfT. High Speed Two (HS2) Limited, 2nd Floor, Eland House, Bressenden Place, London SW1E 5DU Telephone: 020 7944 4908 General email enquiries: HS2enquiries@hs2.org.uk Website: www.hs2.org.uk High Speed Two (HS2) Limited has actively considered the needs of blind and partially sighted people in accessing this document. The text will be made available in full on the HS2 website. The text may be freely downloaded and translated by individuals or organisations for conversion into other accessible formats. If you have other needs in this regard please contact High Speed Two (HS2) Limited. High Speed Two (HS2) Limited, 2013, except where otherwise stated. Copyright in the typographical arrangement rests with High Speed Two (HS2) Limited. You may re-use this information (not including logos or third-party material) free of charge in any format or medium, under the terms of the Open Government Licence v2.0. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-licence/version/2/ or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or e-mail: psi@nationalarchives.gsi.gov.uk. Where we have identified any third-party copyright information you will need to obtain permission from the copyright holders concerned. Product code: (P2EHSO3) Printed in Great Britain on paper containing at least 75% recycled fibre.
Contents Introduction 4 Phase Two EHS criteria 7 Application process 15 Application form 17 Your questions answered 32 3
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Introduction Introduction This guidance and application form provides information on the Phase Two Exceptional Hardship Scheme (Phase Two EHS). This is for property owners, who have an urgent need to sell and whose properties may be affected by the announcement of a route for a high speed rail link between the West Midlands to Leeds, Manchester and connections to the West and East Coast main lines and those affected by the release of information on the potential route and station option for Heathrow Terminal 5. Though not part of the initial preferred route for Phase Two, this is the recommended option by HS2 for a spur to Heathrow Airport (Phase Two of High Speed Two (HS2)). The Phase Two EHS has been launched following a full public consultation on the proposal which commenced on 28 January 2013 and closed on 20 May 2013. Having considered the responses to the consultation, the Government announced its decision to proceed with the Phase Two EHS on 17 July 2013. This guidance and application form has been produced in conjunction with the announcement of the decision to proceed with the Phase Two EHS, jointly by HS2 Ltd and the Department for Transport (DfT). HS2 and its route On 10 January 2012 the Government announced its strategy for a national high speed rail network for Britain known as HS2. The Government proposes building HS2 in two phases: Phase One will run between London Euston and the West Midlands, with a new station built in central Birmingham, linking to the existing West Coast Main Line north of Lichfield. Phase One will also provide a direct link with Continental Europe through HS1 and the Channel Tunnel. Phase Two will extend the high speed rail network from the West Midlands to both Manchester and Leeds. The proposed route will include stations at the East Midlands Hub, near Toton, Sheffield Meadowhall in South Yorkshire, Leeds, Manchester Airport and Manchester. The proposals also include further connections to the existing West and East Coast Main Lines. As the Government said in January 2013, it believes the HS2 network should link to Heathrow and its preferred option is for this to be built as part of Phase Two. However, the Airports Commission launched in September 2012 is recommending options for maintaining the country s status as an international aviation hub. It would be premature to commit significant funds and effort until the Commission s recommendations have been considered. On 28 January, the Government therefore announced a pause to work on the spur to Heathrow until after the Commission reports in 2015. The Heathrow Spur is not part of the initial preferred route for Phase Two. However, the Government recognises the impact that the earlier release of information about a Heathrow Spur route may have on property owners. The Government will therefore consider applications from property owners potentially affected by the early Heathrow Spur route proposals under the EHS for Phase Two. 4
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Introduction The Phase Two initial preferred route announcement was made on 28 January 2013. Information on this announcement is available at: www.gov.uk/government/organisations/department-fortransport/series/hs2-decision and also on a DVD which can be requested from HS2 Ltd, which includes: The Command Paper High Speed Rail: Investing in Britain s Future Phase Two: the route to Leeds, Manchester and beyond sets out the Government s initial preferred route, station and depot options for Phase Two of the high speed rail network between the West Midlands and Leeds (via the East Midlands and South Yorkshire) and Manchester. Further to this a public consultation on the proposed route for Phase Two was launched on 17 July 2013. The consultation document High Speed Rail: Investing in Britain s future Phase Two: A consultation on the route to Leeds, Manchester and beyond, sets out our proposals in detail and was released as part of this consultation. Additional documents were also released to support the consultation, including the Sustainability Statement and an updated set of maps that provide a depiction of the proposed Phase Two route for consultation. In some areas the proposed route for consultation has changed from the initial preferred route released on 28 January 2013 as a result of further development and refinement work. Supporting material and information about the consultation and material to support your application can be found on the HS2 Ltd website (www.hs2.org.uk). You can also call the HS2 Public Enquiries line (020 7944 4908) for more information. The Phase Two Exceptional Hardship Scheme The Government recognises that proposals for HS2 can cause uncertainty for individuals, communities and businesses along the line of the route. In particular, until the Government makes a final decision on the route for Phase Two, there will be uncertainty about which properties will need to be purchased in order to construct and operate the line, or which additional properties may be affected during its construction and operation. The provision of an exceptional hardship scheme is not required by law. However, during the development of the preferred route for Phase Two the Government recognises that, those adversely affected by the announcement of the Phase Two initial preferred route should have access to some form of redress. This is why we see that it is necessary to go beyond what is required by law and introduce a discretionary scheme to assist those most in need. The Phase Two EHS is available to eligible property owners who can demonstrate that they have an urgent need to sell but have been unable to do so other than at a substantially reduced price as a direct result of the announcement of the route. Those property owners who apply to the Phase Two EHS and meet the eligibility criteria can then have their property purchased by the Government at its full, un-blighted open market value (the value of the property were there no proposals for HS2). It is expected to run until the end of 2016. A note on future property compensation arrangements This will not be the only opportunity, however, for those directly affected by the project to ask the Government to purchase their property. Once the route of Phase Two has been developed further the Department for Transport will safeguard the route and statutory measures will come into effect. At that stage we will also consider options for further, long term, discretionary compensation as we are doing for Phase One. 5
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Introduction For more information on statutory compensation please see: www.gov.uk/government/ organisations/department-for-communities-and-local-government/series/compulsory-purchasesystem-guidance 6
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Phase Two EHS criteria Phase Two EHS criteria To apply to have your property purchased under the Phase Two EHS you should seek to provide evidence that you meet all five of the scheme s criteria. The decision maker on behalf of the Secretary of State for Transport can however exercise discretion in relation to any criterion that is not considered to be met if there is a strong overall case for your application to be accepted. The application form beginning on page 17 includes an explanation of which information and documentation might be used as evidence to prove eligibility under these criteria. 1. Property type Do you have a qualifying interest in the property which you wish the Government to buy? The definition of a qualifying interest includes: owner-occupiers (to include freeholders and long leaseholders with more than three years remaining) of private residential properties; owner-occupiers of business premises with an annual rateable value not exceeding 34,800; owner-occupiers of agricultural units; mortgagees with a right to sell the property and who can give immediate vacant possession; and personal representatives of a deceased person who had one of the above owner-occupier qualifying interests at the time of death. Notes Ownership of a freehold or long leasehold interest is defined by the names on the land registry title, or for unregistered land on the title deeds or conveyance for the property. Residential owner-occupiers must either be living in the property at the date on which the application is signed and must have owned it and lived in it as their main residence for at least six months before that date; or And, if the property is empty, must have lived there as their main residence for at least six months prior to it being empty, so long as it has not been empty for more than 12 months; If a long leaseholder the tenancy must be granted for a certain term of years, not less than three years of which remain unexpired on the date of an application being signed. Owner-occupiers of business premises must hold a freehold or long leasehold interest in the premises at the date on which the application is signed; And, must have owned the premises for at least six months before that date and have operated a business of which they are the sole proprietor or principal shareholder from there throughout this time; or 7
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Phase Two EHS criteria if the property is empty the applicants must have operated a business, of which they are the sole proprietor or principal shareholder, from there for at least six months prior to it being empty, so long as it has not been empty for more than 12 months. Please refer to your local authority s business rate banding for further details of rateable values. An agricultural unit Must include a dwelling house: in which the applicants must be living at the date on which the application is signed and must have owned it and lived there for at least six months before that date; or where if the property is empty, the applicants must have lived there for at least six months prior to it being empty, so long as it has not been empty for more than 12 months. Representatives of a deceased person It is not necessary for the land registry title for the property in such a case to be updated with the name(s) of the beneficiary. Entitlement can be proven by submitting relevant documentation demonstrating entitlement such as death certificate, will and grant of probate and letters of administration. 8
2. Location of property Is your property HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Phase Two EHS criteria i directly on the line of the route? or ii Notes in such close proximity to the route that it would be likely to be substantially adversely affected by either the construction or operation of the new line? There is no fixed distance within which a property must be situated in order to satisfy this criterion. The purpose of this criterion is to determine whether a property s location means that it would be likely to be substantially adversely affected by the construction or operation of the proposed line. The location criterion is needed to link the geography of the property to the proposed line and will take into account the variable characteristics of the proposed line. This criterion is not designed to determine blight that is assessed separately under the blight criterion (effort to sell). Distance from the route is one factor taken into consideration, but others include: the particular characteristics of the property and the nature of its local area, including its position and its surroundings; the character of the line once completed (for example whether it will run in a cutting or on a viaduct); the likely impacts of the construction of the line in the area; the topography of the area (for example if it is a flat flood plain or hilly); and the distance to any nearby points of significant change to the character of the line, for example a cut and cover tunnel entrance or a viaduct. The Panel will consider each application on a case by case basis taking into account the variable characteristics of the proposed line. When considering each application the Panel will use detailed engineering and construction drawings, mapping software and aerial photographs (if available) provided by HS2 Ltd to consider the impact of the construction or operation of the proposed line on the applicants property. Should they wish to, applicants are also able to submit their own photographic evidence of the features of their property and the immediate vicinity to support their statements about the effects on their property. Properties in the vicinity of the Heathrow Spur The Phase Two EHS covers all parts of the Phase Two July 2013 Consultation route as set out in the 28 January 2013 initial preferred route publication plus the possible spur to Heathrow. Applications received from property owners stating that they are affected by the Heathrow Spur will be considered in relation to this criterion against the Heathrow Spur route as published on 28 January 2013. More information on the Heathrow Spur can be found at http://assets.hs2.org. uk/sites/default/files/inserts/130116%20heathrow%20route%20description%20for%20ehs%20 final%20policy%20approved%20text.pdf 9
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Phase Two EHS criteria Properties in the vicinity of the route between the West Midlands and Manchester and Leeds Applications received from property owners stating that they are affected by the initial preferred Phase Two route (West Midlands to Manchester, Leeds and connections to the West and East Coast main lines) will be considered against both the 28 January 2013 initial preferred route and the July 2013 consultation route for the first three months of the operation of the Phase Two EHS i.e. until 18 October 2013. The property in question would only need to be considered to be likely to be substantially adversely affected by the construction or operation of one of these two routes in order to be accepted under this criterion. Following three months operation of the Phase Two EHS (i.e. from 18 October 2013 onwards), applications received would be considered only in relation to the July 2013 consultation route. Any future changes to the route would then be dealt with in this way. Bored tunnels Properties will be considered in relation to surface or cut and cover tunnelled sections of the route when addressing the location of property criterion. If a property is closest to a point of the line that would be in a deep bored tunnel, that respective point would not be considered; instead the distance and respective location of the property from the nearest tunnel portal or planned ventilation shaft would be considered the relevant factor. Therefore, all surface construction and eventual infrastructure is taken into consideration in assessing this criterion. 10
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Phase Two EHS criteria 3. Effort to sell and the impact of blight The purpose of this criterion is to determine whether it is the blight resulting from the proposed route of Phase Two rather than any other factor which is the reason why the property has not sold, or could not be sold other than at a substantially reduced value (blighted value). In order to demonstrate this you should provide the following evidence: a) That HS2 is the reason that your property has not sold or cannot be sold other than at a substantially reduced (blighted) price through feedback from viewings or those who have chosen not to view? b) Show that you have made all reasonable efforts to sell your property in the context of the current market were it not for the proposals for HS2? c) Confirm that you have not received an offer within 15% of its realistic un-blighted asking price? d) That you have sought a reasonable range of marketing proposals from more than one recognised estate agent, including proposals for what a realistic un blighted asking price for your property should be? e) That your property has been on the market for at least three months prior to the date of application, with at least one recognised estate agent? Notes In relation to part c) above: The requirement that all reasonable efforts should have been made to sell a property and that, despite those efforts, no offers have been received within 15% of its realistic un-blighted asking price helps to demonstrate any such effect of HS2. Our interest in these figures does not mean we would expect applicants to accept the blighted value of the property (i.e. the amount that the property is worth following the HS2 announcement). In relation to parts d) and e) above: Recognised estate agent We use the term recognised estate agent to mean an estate agent with experience of marketing properties in the local area, advertising through a variety of media. The Panel would expect the recognised estate agent to have experience of marketing similar properties in the local area. This can include estate agents that do not have a physical presence in the local area, but which, for example, speak to potential viewers, collect feedback, provide a for-sale board, a floor plan or take professional photographs. Other routes to marketing property Given the variety of options available to sellers today for marketing their property, this criterion recognises that self-marketing might form part of applicants efforts to sell their property. This would include websites that allow users to upload details of their property themselves in the format of a listing to publicise its availability. However, it is unlikely that this sort of self marketing approach would be able to provide the same level and quality of evidence as a recognised estate agent. 11
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Phase Two EHS criteria What this criterion requires is that information be included within an application regarding estate agents marketing proposals and feedback from those who viewed, or chose not to view, the property in question. Self-marketing efforts would not be ignored under this criterion, but the requirement for marketing with at least one recognised agent still stands. Inability to market a property Evidence provided in a Phase Two EHS application about applicants attempts to actively market their property will be carefully considered. In particular, evidence that a number of local estate agents have refused to market the property due to HS2 is considered key information. The following is therefore relevant when this criterion is considered by the Panel and decision maker: the performance of the current housing market and the efforts that sellers would ordinarily have to make in such circumstances, particularly if they needed to sell their property urgently; whether the sellers have made reasonable attempts to market the property with the aim of obtaining a realistic un-blighted asking price for the property (that is the price it would be marketed for ignoring the effect of the announcement of the Phase Two route); ensuring that applicants have approached more than one estate agent for a market valuation and that the eventual asking price used reflects professional advice; whether more than one asking price has been tested; whether more than one recognised estate agent has been tested in the marketing of the property throughout the marketing period; the feedback provided either directly to the applicants or via the estate agents that have marketed the property throughout the period from those who have viewed the property or who have chosen not to view; the property having been actively marketed with at least one recognised estate agent for a minimum of three months; or if applicants are unable to market their property due to a number of recognised estate agents refusing to take it on due to HS2. 12
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Phase Two EHS criteria 4. No prior knowledge of Phase Two of HS2 Did you buy your property before you could be reasonably expected to have been aware of the high speed rail proposals? If you completed on the purchase of your property before 28 January 2013, you will meet this criterion. Notes If you bought your property at any time after the publication of the Phase Two initial preferred route on 28 January 2013, we may consider that purchase had been made with foreknowledge of Phase Two. In considering this criterion, the amount of information available at the time of purchase and whether this information was such that a reasonable person could have foreseen the potential for blight will be looked at. There may be cases where purchases were completed after 28 January 2013 where the purchasers remained unaware of the proposals for a high speed rail link or were unaware that the property would be in proximity to HS2 Phase Two. For example if the searches relating to the purchase of the property were done before this date but the purchase did not complete until after it, then we would take this into account when assessing an application. Likewise, following any changes to the route on 17 July 2013 or at any point in the future, purchasers who bought after 28 January 2013 may have found they are now in proximity to HS2 Phase Two but were not at the time of purchase. In these circumstances applicants will need to provide satisfactory evidence that they indeed had no prior knowledge of this. This criterion is in place in order to avoid abuse of the EHS by individuals making a lower than open market value offer in order to profit from a potential future sale to the Government. This protects the interests of both taxpayers and those looking to sell their property who have an urgent need to do so. The existence of this criterion within the Phase Two EHS does not mean that statutory rights to compensation are affected. Indeed, those who bought their property after proposals for the line of route were announced may be eligible for statutory compensation in the future. 13
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Phase Two EHS criteria 5. Exceptional hardship Do you have a urgent need to sell your property and would you suffer exceptional hardship if you had to wait until such time as new arrangements to assist affected property owners come into force (expected to be the end of 2016)? Notes In relation to what constitutes exceptional hardship, we cannot pre-define what this means for individuals, or give examples of specific situations. Experience shows that it is not helpful to give a checklist of the reasons why people might apply to the scheme, as individual circumstances and their effects vary for each case. Exceptional hardship might originate from situations including, but not at all limited to issues around: finances, health and disability, employment, family circumstances, domestic or care needs, a court settlement, or the winding up of the estate of a deceased person. Prospective applicants should not attempt to categorise themselves as fitting into one or more of the above examples of issues. Please be advised that the Phase Two EHS works on the basis that applicants need to demonstrate why the hardship that they are suffering is exceptional and demonstrates an urgent need to sell their property. All evidence submitted therefore should be able to be understood by a competent professional person. This is an important aspect of how the Phase Two EHS operates, for example in relation to medical evidence. It is also important that applicants stating exceptional financial hardship provide a full picture of their financial situation, including as much documentary evidence as possible. The winding up of the estate of a deceased person would normally be regarded as representing an urgent need to sell, even where the new owner did not occupy the property themselves. 14
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application process Application process The EHS Secretariat is unable to give guidance to applicants on precisely which evidence will result in a successful application as each case will depend on the precise circumstances. The role of the EHS Secretariat is to manage a fair and efficient decision-making process on behalf of the Secretary of State for Transport and to do so in an impartial manner. Fundamentally, which specific pieces of evidence to supply to support an application is the responsibility of the applicants themselves. The Phase Two EHS does not require or expect applicants to commission valuations of their property by a chartered surveyor at any stage prior to or during the application process. Those considering the application will take into account all approached marketing agents views on what the realistic un-blighted asking price would be. 1. Submitting the application and supporting evidence Complete the application form and submit it together with as much supporting evidence as you can. Please see the sets of examples of documentation in the application form below to give an idea of the types of evidence that will be expected. We encourage applicants to provide evidence to cover at least the past six months, as this would help Panel members ensure they have a full picture of the applicants circumstances for the exceptional hardship criterion. Please note that failure to submit originals or certified copies of evidence for the exceptional hardship criterion of evidence or failure to provide any documentary evidence of statements made will cause delays in the application. If providing certified copies this should be certified by a UK solicitor, accountant, doctor listed on the GMC website or bank manager, whose name and address should be recorded so that he/she is capable of being contacted if necessary. If applicants are unable to provide originals or certified copies of documents they should provide us with an explanation of why the originals are not available when making an application to avoid delays in their application. Please also provide one piece of documentation to verify the signatures of all of those who need to sign the application form. This could be a document that you are already providing as evidence for another aspect of your application. Please see the declaration section of the application form for a complete list of documents that can be used to verify your signature under the scheme. 2. EHS Secretariat reviews your application The EHS Secretariat will acknowledge your application via email or letter and then review your application to ensure that it is complete and contains the required information. If information or evidence is missing you will be contacted and asked to provide it. In addition, in almost all cases the estate agent(s) currently marketing the property will be contacted. Original documentation will be verified and returned to the applicants as soon as possible after receiving the application. 15
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application process The Secretariat will contact applicants if it needs to hold onto originals where it is unable to produce clear copies of the document. The EHS Secretariat will hold paper and electronic copies of your documentation in accordance with the Data Protection Act 1998. 3. Consideration by the Panel of professionals Completed applications will be submitted to the Phase Two EHS Panel for consideration. The majority of members of each Panel will be independent of HS2 Ltd and the Department for Transport. A recommendation to either accept or refuse the application will be made by the Panel to the Secretary of State for Transport. 4. Decisions on applications If your application is successful and the Secretary of State for Transport agrees to offer to buy your property, you will be notified and independent valuations of your property will be arranged. The EHS Secretariat will then write to you with a formal offer to buy your property. The offer will represent 100% of the un-blighted open market value. The un-blighted open market value at that point may be different from the un-blighted realistic asking price used when marketing the property. If you are unsuccessful, the EHS Secretariat will write to you, detailing in full reasons given for the decision. You can re-apply if there is a material change in your circumstances or you are able to provide new evidence that may be relevant to the reason(s) your application was turned down. You need only re-apply in relation to the criterion/criteria against which you were previously unsuccessful. This is provided that the application is submitted within six months of the previous decision being communicated (i.e. six months from the date on the most recent, previous decision letter) and there has been no material change in your circumstances in relation to the criterion/criteria under which you had previously been successful. Otherwise, re-application would need to address all five criteria. 16
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Application form Phase Two Exceptional Hardship Scheme When completing this application form, please provide as much information and evidence as you can. This will help ensure that your application can be considered as quickly as possible. When sending supporting documentation, please send originals or copies certified by a solicitor or other appropriately qualified person. Applications must not be bound, please provide loose leaf. Details of all applicants (i.e. owner(s) of property subject to this application) and a means of contacting each and every applicant must be provided. Title: First Names: Surname: Telephone Number 1: Telephone Number 2: Email Address: Title: First Names: Surname: Telephone Number 1: Telephone Number 2: Email Address: Title: First Names: Surname: Telephone Number 1: Telephone Number 2: Email Address: Title: First Names: Surname: Telephone Number 1: Telephone Number 2: Email Address: Email will be used as the primary means of contact. Please therefore ensure that you check any email accounts you list regularly, or inform us if you only want to be contacted by post and telephone. Where multiple applicants cannot both/all be contacted using the same contact details, please provide contact details for each and every applicant. This is essential where one or more of the applicants are not in contact with each other or need to communicate with us separately. 17
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Address including postcode of the property which you are applying for. Contact Address(es) including postcode (if different from the address above). Representation throughout the application process from professionals or others The application process is designed in a way that does not require a third party to act on behalf of the applicants. We endeavour to provide as much information in this document to applicants up front and in addition once an application is submitted, applicants are welcome to contact us with questions at any point in the process using the contact details provided in the acknowledgement of the application. Applicants are however very welcome to use a third party to help with their application if they wish to do so; however please note that any costs incurred in doing so will not be reimbursed by DfT or HS2 Ltd. This might include a friend or relative or a professional. The relationship to the applicants of the representative must be made clear in the application. If assistance is sought the applicants (i.e. the person(s) with the qualifying interest in the property) must sign and date the declaration page and read and understand each and every page of the completed application form and each and every page of evidence being submitted on their behalf. Representatives will be copied in to all correspondence, but it will always be sent directly to the applicants for security, transparency and speed. 18
Criterion 1: Property type HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form What interest do you have in the property to which the application relates (see pages 7 and 8 for further details)? Owner-occupier of private residential property (to include freeholders and long leaseholders). Owner-occupier of business premises whose annual rateable value does not exceed 34,800. Owner-occupier of an agricultural unit. Mortgagee that has a right to the sell a property and who can give immediate vacant possession. Personal representatives of a deceased person. Please include with this application evidence to support your answers. Evidence provided should be originals or certified copies, and may include one or several of the following: All applicants: Proof of ownership epitome of title (if the property contains more than one title all titles should be provided), conveyance to current owner or Land Registry Office copy entry; Proof of residency at the property for the required duration by submitting documents dated at least six months apart within the last eighteen months. In relation to this criterion all documentary proof must show the applicants name and property address and must be original or certified copies of paper statements i.e. not printed out from the internet. We acknowledge that this may mean you need to request a paper copy of statements from relevant organisations. The following types of documentation should be provided; Household utility bills e.g. gas, electricity, water or fixed line telephones; Or Business bills along the same lines as the residential bills for resident small businesses; Notification letter from a relevant government benefits agency confirming the right to benefits or state pension; Home contents insurance certificate issued within and the cover relating to the specified period for the relevant address; Bank, building society, mortgage or credit card statements; Local authority tax bill (e.g. council tax). (Examples of evidence not acceptable because this would not provide a reliable verification of residency: Provisional and Full driving licenses; National Insurance cards ; Mobile phone bills; Proof of being on the electoral role at the address in question; Letter from a GP, dentist or equivalent) 19
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Owner-occupier of business premises: Business rates bill for small businesses which meet the criterion. Mortgagees: Details of any mortgage, roll or reference number with contact details for the bank/ mortgagee. Proof of being a mortgagee and proof of ability to sell the property with vacant possession. Personal representatives of a deceased person: Death certificate, power of attorney, grant of probate, last will and testament and letters of administration. 20
Criterion 2: Location of property HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Briefly, describe the location and nature of the property and its surroundings, with reference to the location of Phase Two of the high speed rail route. Please include with this application evidence to support this description. This may include, for example: The filed plan held at the Land Registry (originals or certified copies); A plan of the agricultural unit subject to the application; A map pinpointing the precise location and outline of boundary of the property, where identification by address might be difficult; or Supporting evidence in relation to your statement above, such as photographs of the existing surroundings, maps, plans or drawings. 21
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Criterion 3: Efforts to sell and the impact of blight Please provide details of the marketing proposals that you received for your property prior to selecting the estate agent(s) to sell your property. Estate agency name and office address/website Date of proposal Proposed price When was the property first placed on the market? What was the initial asking price for the property? What is the current asking price for the property and when was it last changed? How has the property been marketed? Number of viewings the property has received? 22
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Please provide details of any offers you have received for the property. Date of offer Via (estate agent, or if privately please state) Offer amount Outcome and details Contact name, company name, address, email address and telephone number of agent(s) currently marketing the property. Please include with this application evidence to support your answers. Evidence provided should be originals or certified copies and should include (where you hold this information): Valuation and marketing proposal letters from prospective agents from whom you took advice prior to placing the property with your appointed agency; Instruction letter from an estate agent, or estate agents if joint or multiple agency appointments; Proof of date on which marketing commenced mailshot, newspaper advert, internet entry; Sales particulars produced by current and previous marketing agents for your property; Evidence of marketing activity such as advertisements in local/national media, internet marketing using national or local websites, evidence of for sale board; Feedback from viewings of the property and/or from those who chose not to view, directly from viewers and/or from current and previous marketing agents; and Other letters and any other relevant documentation held by your agent(s)marketing the property, including evidence and outcome of offers received. 23
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Criterion 4: No prior knowledge of Phase Two of HS2 On what date did you purchase or acquire the property? Please include with this application evidence to support this (if the property is registered with the Land Registry, the copy of the title already provided for Criterion 1 will suffice there is no need to provide two copies of this). The first publication of a proposed route for Phase Two of HS2 occurred on 28 January 2013. Since this date there have been changes to that initial preferred route and hence updated plans have been published. It is possible therefore that a property would not have been considered affected by the 28 January 2013 initial preferred route, but is considered affected by subsequent updates. This will be taken into account fully when considering your application. Please provide as much information and evidence as you can in this case. If you purchased your property after 28 January 2013, additional evidence showing that you could not have known that the high speed rail link might be in the vicinity of your property at the time you purchased your property will be required such as copies of local authority search reports undertaken as part of the conveyance process (i.e. showing that they make no mention of a proposed high speed rail line). 24
Criterion 5: Exceptional hardship HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Describe the reason(s) why you consider that you would suffer from exceptional hardship if you had to wait to sell your property until such time as statutory measures come into force (expected to be in end of 2016). Please include with this application relevant supporting evidence, all of which should be originals or certified copies. Depending on the reason(s) put forward examples of documentary evidence can include but in no way should be restricted to: Birth certificates, benefits statements, correspondence with schools/nurseries; Passports; Official Divorce documents; Court orders, including court orders to sell the property; Utility bills; Bills such as council tax, telephone, fuel and other essential services; Bank/Building society statements; Credit card statements/bills; Payslips; HM Revenue and Customs issued statements such as P60, P45; 25
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form HM Revenue & Customs tax documents e.g. tax assessment, statement of account, notice of coding; Mortgage statements and other correspondence from mortgage providers; Letters from health authorities and trusts, hospitals, medical consultants, GPs, dentists; Audited/auditable company accounts; Letters from employers regarding redundancy, employment contracts etc; Receipts, invoices or other documentation evidencing financial expenditure; Statements of account regarding savings, ISAs, shares, bonds, share options and other financial products representing assets; Death certificates, wills, grant of probate and letters of administration; Correspondence from Government departments (e.g. evidencing receipt of benefits or other entitlements); and Letters and other documentation from qualified solicitors, accountants, barristers, chartered surveyors and other professionals. Where bank, building society or credit card account statements are downloaded from an internet banking facility and as a result do not contain applicants name, account number, details of the bank, the logo etc; please provide evidence that this documentation was produced by/sourced from the bank, credit card company or building society. Documentation, including that suggested in the examples above would need to be used to evidence each and every statement that you make in relation to why you consider that you have an urgent need to sell your property to avoid exceptional hardship. Three simple illustrative examples of the evidencing of individual statements in an application might be: P45, offer letter from new employer and copy of employment contract confirming a job offer or a change in employment including a significant change in location and/or salary; Child benefit statements proving the existence of children in the household and that they are dependents of the applicants; and Signed and dated letters from lenders and an accountant, a number of recent months bank, building society (savings accounts) and mortgage statements, pay slips, HM Revenue and Customs statements and a summary of income and outgoings as evidenced, all showing the financial difficulties described and how urgent the resolution of them is. 26
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Please tick the boxes for each section that you have completed and provided evidence for. Criterion 1: Property Type Criterion 2: Location of Property Criterion 3: Efforts to Sell and the impact of blight Criterion 4: No Prior Knowledge of Phase Two of HS2 Criterion 5: Exceptional Hardship Please list all the supporting evidence that you are sending along with this application form. Please use additional sheets if necessary. 27
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Please provide any other information that you think is relevant to your application on additional sheets enclosed with your application. Please number additional sheets and state which criterion they relate to. Please state here the number of additional pages included (excluding supporting evidence): 28
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form How your personal information will be used The personal information you have provided here will be used by the Department for Transport and HS2 Ltd solely for the purpose of processing your application under the Phase Two EHS. We will not disclose your information to other organisations except to prevent fraud or if required to do so by law. The original of this application form and all supporting documents will be returned to you subject to a copy being retained for our records. For further details on how your information is used, how we maintain the security of your information, and your rights to access the information we hold on to, go to the following web address: http://www.hs2.org.uk/about-hs2-ltd/contact-us 29
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form Your declaration For all applications: Please ensure that each applicant signs and dates below and provides a original or certified copy of a document offering proof of signature. Examples of documentation which may provide a proof of signature include: Valid, current passport UK photo-card or EEA photo-card driving licence Marriage/civil partnership certificate Deed poll Property contract of sale document Deed of transfer for a property Leasehold agreement Power of attorney Parking card for disabled people (blue badge) I/we declare that the information I/we have given on this form is correct and complete. I/We understand that HS2 Ltd and DfT will use all of the information provided on this form and all supporting evidence to determine my/our claim under the Phase Two EHS. I/we understand that security and anti-fraud checks will be undertaken on information and supporting evidence provided using market intelligence 1 services. I/we give prior consent for any relevant checks to be undertaken. And, I/we give prior consent for any estate agent(s) currently marketing the property to be contacted. If I/we knowingly give information that is incorrect or if relevant information is knowingly omitted, the application and the Government s decision on it will be void and I/we may have court action taken against me/us. Signature(s) of the applicants: Applicant 1: Applicant 2: Applicant 3: Date: Applicant 4 and any subsequent applicants: 1 Market intelligence refers to checks against the records of companies, regulatory bodies, Government organisations and other tools available such as Companies House, the Health and Care Professions Council (HCPC) and the insolvency register. 30
HS2 Exceptional Hardship Scheme for Phase Two Guidance and application form Application form For applicants submitting a re-application within six months of the date on the decision letter from HS2 Ltd relating to your previous application: For reference please confirm the date on the previous decision letter. This must be within six months of the date that you submit this application: (There is no need to submit a copy or the original of this we will refer to our records to verify this information) Please confirm the criterion/criteria that are the subject of your re-application. This should be the exact criterion/criteria under which your previous application was not successful. There is no need to submit evidence relating to criteria under which you were successful in your previous application as long as there has been no change to your circumstances in relation to any of those criteria. (If there has been a change to your circumstances in relation to those previously successful criteria, you must submit a fresh, full application under all criteria.) Criterion 1: Property Type Criterion 2: Location of Property Criterion 3: Efforts to Sell and the impact of blight Criterion 4: No Prior Knowledge of Phase Two of HS2 Criterion 5: Exceptional Hardship In addition to signing the declaration on the previous page for all applicants; I/we declare that there has been no change to my/our circumstances in relation to the criterion/criteria under which my/our previous application was successful. Signature(s) of the applicants: Applicant 1: Applicant 2: Applicant 3: Date: Applicant 4 and any subsequent applicants: Submitting your application Send completed application forms, along with all supporting evidence, in hard copy/paper format to the address below. We do not insist on applications being sent using recorded or special delivery, but this is strongly recommended to ensure the safe receipt of applications. Phase Two EHS Secretariat HS2 Ltd Eland House Bressenden Place London SW1E 5DU 31