Comparison of Refund of Legal Expense Policies
Differences between Refund of Legal Expense (New Buyer) and Refund of Legal Expenses (General)
This section outlines the main distinctions between the Refund of Legal Expenses (New Buyer) policy and the Refund of Legal Expenses (General) policy. These differences relate to purpose, eligibility, conditions, scope of reimbursable expenses, frequency of claims, and additional provisions.
Purpose
The Refund of Legal Expenses (New Buyer) policy is intended for individuals purchasing their first property for use as a Residence at Work Address (RWA) at a new duty station. It aims to support first-time buyers by providing a one-off payment of up to £1,500 to help cover legal expenses.
In contrast, the Refund of Legal Expenses (General) policy is designed for Service personnel who are already homeowners and need to sell their current RWA and purchase a new one and can claim up to £5k, due to a change in duty station. This policy also covers legal fees related to letting and repossession of property, thereby assisting existing homeowners in remaining active within the property market.
Eligibility
The Refund of Legal Expenses (New Buyer) policy is exclusively available to first-time buyers who have never previously owned or inherited a property. Applicants must have completed Phase 1 training and be serving on a regular engagement or as a Full Commitment Reservist.
The Refund of Legal Expenses (General) policy, on the other hand, is open to Regular, Reserve, and MPGS personnel who sell and purchase a property as a result of a qualifying assignment. Eligibility requires a minimum of three years’ service and at least twelve months remaining on the new assignment. The policy also includes provisions for Reserve Forces and those with Homeowners’ Re-Entry Certificates (HREC).
Conditions of Use
Under the Refund of Legal Expenses (New Buyer) policy, the property must be located within fifty miles or ninety minutes by public transport of the new duty station. The purchase must occur within the same or previous tax year of the assignment, with the expectation of at least twelve months of service remaining, and the property must be occupied for a minimum of twelve months.
The Refund of Legal Expenses (General) policy covers both the sale and purchase of properties, as well as costs associated with letting and repossession. It includes provisions for negative equity, extensions to sale or purchase timelines, and exceptional circumstances such as health or compassionate grounds. The policy allows joint ownership claims and sets specific conditions for Homeowners’ Re-Entry Certificates (HREC).
Scope of Reimbursable Expenses
For the Refund of Legal Expenses (New Buyer) policy, reimbursable expenses include legal fees, Land Registry charges, telegraphic transfer fees, and search fees. Stamp duty and costs related to incomplete purchases are not covered.
The Refund of Legal Expenses (General) policy provides a wider scope. It covers legal fees for both selling and purchasing property, estate agent or auctioneer fees, stamp duty for purchases, and mortgage-related expenses such as survey fees and mortgage indemnity guarantees. It also covers costs for letting, including tenancy agreements and solicitor fees for verifying agreements, as well as legal fees for repossession. However, it does not cover certain costs such as rent arrears, property damage, or advertising for letting.
Frequency of Claims
The Refund of Legal Expenses (New Buyer) policy provides a single payment that can only be claimed once during a Service person’s career.
In comparison, the Refund of Legal Expenses (General) policy allows for multiple claims, but only one per qualifying assignment. Claims related to letting are restricted to two per year.
Additional Provisions
The Refund of Legal Expenses (New Buyer) policy may be used in conjunction with the Forces Help to Buy scheme, provided that eligibility criteria for both are satisfied.
The Refund of Legal Expenses (General) policy includes further provisions, such as the ability for those with Homeowners’ Re-Entry Certificates (HREC) to defer purchase expenses to a future assignment. It also contains recovery and waiver conditions for refunds if the property is not occupied for the required period or if the Service person leaves the Service prematurely.
Summary
To summarise, the Refund of Legal Expenses (New Buyer) policy is exclusively for first-time buyers acquiring their first RWA, offering a one-off payment up to £1,500. The Refund of Legal Expenses (General) policy is broader in scope, supporting existing homeowners with expenses related to selling, buying, letting, and repossession. It features more extensive eligibility criteria and a wider range of reimbursable expenses, helping Service personnel maintain their position within the property market throughout their careers.
Further Information
Information on Refund Legal Expenses (NB) can be found in JSP 464 Volume 1 Part 1.
Information on Refund Legal Expenses (General) can be found in JSP 752.
Comparison Table
Category | New Buyer | General |
Purpose | One-off payment up to £1,500 for first-time buyers | Supports homeowners selling/buying, letting, repossession |
Eligibility | First-time buyers only | Regular, Reserve, MPGS; 3 years’ service |
Conditions | Within 50 miles; occupy 12 months | Covers sale, purchase, letting, repossession |
Reimbursable Expenses | Legal, registry, transfer, search fees | Legal, agent, stamp duty, surveys, mortgage, letting |
Frequency | One-time only | Multiple per assignment; letting 2/year |
Additional | Can use with FHTB | HREC deferral; recovery conditions |
Q&A: Comparison of Refund of Legal Expense Policies
1
What is the purpose of the Refund of Legal Expenses (New Buyer) policy?
The Refund of Legal Expenses (New Buyer) policy is designed to support first-time buyers purchasing their first property for use as a Residence at Work Address (RWA) at a new duty station. It provides a one-off payment of up to £1,500 to help cover legal expenses.
2
How does the purpose of the Refund of Legal Expenses (General) policy differ?
The Refund of Legal Expenses (General) policy is intended for Service personnel who are already homeowners. It supports them in selling their current RWA and purchasing a new one due to a change in duty station. It also covers legal fees related to letting and repossession of property, helping homeowners remain active in the property market.
3
Who is eligible for the Refund of Legal Expenses (New Buyer) policy?
This policy is available exclusively to first-time buyers who have never previously owned or inherited a property. Applicants must have completed Phase 1 training and be serving on a regular engagement or as a Full Commitment Reservist.
4
Who is eligible for the Refund of Legal Expenses (General) policy?
The Refund of Legal Expenses (General) policy is open to Regular, Reserve, and MPGS personnel who sell and purchase a property due to a qualifying assignment. Eligibility requires a minimum of three years’ service and at least twelve months remaining on the new assignment. It also includes provisions for Reserve Forces and those with Homeowners’ Re-Entry Certificates (HREC).
5
What are the conditions for using the Refund of Legal Expenses (New Buyer) policy?
The property must be within 50 miles or 90 minutes by public transport of the new duty station.
The purchase must occur within the same or previous tax year of the assignment.
The Service person must have at least 12 months of service remaining.
The property must be occupied for a minimum of 12 months.
6
What are the conditions for using the Refund of Legal Expenses (General) policy?
Covers both the sale and purchase of properties, as well as costs associated with letting and repossession.
Includes provisions for negative equity, extensions to sale or purchase timelines, and exceptional circumstances (e.g., health or compassionate grounds).
Allows joint ownership claims and specific conditions for Homeowners’ Re-Entry Certificates (HREC).
7
What expenses are reimbursable under the Refund of Legal Expenses (New Buyer) policy?
Reimbursable expenses include:
8
What expenses are reimbursable under the Refund of Legal Expenses (General) policy?
The Refund of Legal Expenses (General) policy covers a wider range of expenses, including:
Legal fees for selling and purchasing property
Estate agent or auctioneer fees
Stamp duty for purchases
Mortgage-related expenses (e.g., survey fees, mortgage indemnity guarantees)
Letting costs (e.g., tenancy agreements, solicitor fees for verifying agreements)
Legal fees for repossession Note: Costs such as rent arrears, property damage, or advertising for letting are not covered.
9
How often can claims be made under the Refund of Legal Expenses (New Buyer) policy?
This policy provides a single payment that can only be claimed once during a Service person’s career.
10
How often can claims be made under the Refund of Legal Expenses (General) policy?
Multiple claims are allowed, but only one per qualifying assignment. Claims related to letting are restricted to two per year.
11
Are there any additional provisions for the Refund of Legal Expenses (New Buyer) policy?
Yes, this policy can be used in conjunction with the Forces Help to Buy (FHTB) scheme, provided that eligibility criteria for both are met.
12
Are there any additional provisions for the Refund of Legal Expenses (General) policy?
Yes, additional provisions include:
The ability for those with Homeowners’ Re-Entry Certificates (HREC) to defer purchase expenses to a future assignment.
Recovery and waiver conditions for refunds if the property is not occupied for the required period or if the Service person leaves the Service prematurely.
13
What is the key difference in the frequency of claims between the two policies?
14
Where can further information on these policies be found?