FAQs

General

Costs & Payment

Process & Workflow

Technical

Support

Regulations (from the Department of Communities & Local Government)

General

What is Firsthips?
Firsthips is an online platform which enables estate agents to order and deliver professionally produced Home Information Packs quickly and efficiently to their clients. The platform enables the agent to order a completed HIP or to work with their preferred property lawyers ensuring maximum flexibility and control over the speed and quality of the HIP.
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Costs & Payment

How much do I have to pay to register and what is the ongoing cost?
There is no set-up fee or long term commitment. The Firsthips system is based on a pay-as-you-go arrangement.

The fee for using the system is charged at a flat rate of £25 per transaction and it is a part of the overall cost (which will include sourcing Land Registry documents, Search documents, EPC and any other required documents) that is charged directly to the seller at the point of sale. Typically £340 or more to reflect the lawyer and estate agent individual admin charges.
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Using Firsthips, how much could I offer a HIP to my client for?
In cases where the lawyer will be instructed to do conveyancing for the seller we recommend that no additional administration charges are added. If this is the case then you should be able to offer your clients a HIP including an EPC for a very competitive price. This will ensure that you are maintaining or increasing your conveyancing business and help you compete against HIP/e-conveyancing factories.

In cases where the lawyer is only providing a HIP, you can add your own charge for the service and this can become a profitable new business for your firm.
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How is the service paid for?
At the point of sale the homeowner/seller either through an estate agent or directly through a lawyer will have a choice of paying for the HIP by either debit/credit card or deferred payment. Firsthips will then retain the £25 fee and pay all the suppliers including the lawyer and estate agent (where relevant).
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How does deferred payment work?
To be able to offer deferred payment the lawyer (HIP provider) will need to apply to our third party deferred payment supplier. Once approved, the lawyers and any estate agents that work with the lawyer's firm are able to offer deferred payment to home sellers.

A seller that chooses to pay by deferred payment will be required to supply debit/credit card details, their card will be charged a sample fee of £3.50 and the rest of the HIP fee will be charged either in ten months or on exchange, whichever comes first. All the suppliers for this transaction, including the lawyer and estate agent, where relevant, will be paid according to normal terms of supply. The charge for deferred payment currently stands at 10.26%.
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When will I be paid for my fees or expenses?
You will receive a self invoice at the end of each month detailing all the transactions and charges for that month and will be paid 21 days later.
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Process & Workflow

Can I, or my agent use our own preferred energy assessors to provide the EPC?
Yes. Firsthips has been designed with a high level of flexibility. Agents have a choice of using their own preferred DEA (who can be invited to register to the system) or choosing for an EPC to be automatically ordered from our panel who will perform the assessment, quality assurance and add it to the property HIP.
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How does a client receive the HIP?
Once the HIP has been completed by the seller's lawyer each party receives an email notifying them of this. When they next log-in to the system they will have the ability to download, view or print the completed HIP or individual components. Any prospective buyer can be sent the HIP electronically or if they wish for a printed copy this can be done in the agency. Firsthips also has a built-in HIP link log. This allows the agent and lawyer to track all prospective buyers who have been sent a HIP link and which of them have viewed it.
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Can I add my company logo to the HIP?
Yes. Your company logo will be displayed on the front cover of the HIP as well as on the log-in screen and on each property details page that your company has been assigned to. This service is available for free. Just send us your logo and our team will resize and upload the image for you automatically.
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Can Firsthips accommodate sole-agency sales?
Yes. The Firsthips system allows for both multi-agency property sales and also exclusivity contracts. Once a buyer has accepted an exclusivity agreement they will not be able to invite another agent to act on their behalf for the sale of their property.
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Won't I be bombarded with emails all day?
One of the annoying problems of using proprietary email software such as Outlook is its "open" access enabling constant (and often disruptive and annoying) messages arriving throughout the working day, with the added problem of all messages arriving in one inbox forcing most users to print them for future reference for fear of losing them on the system. Firsthips will generate a number of essential emails to you such as a notification of a new instruction, the arrival of the Energy Performance Certificate, etc, but the remainder will go direct to the Firsthips messaging system enabling you to log on and view the progress of each matter. Once you are logged on, the system will show you what matters have messages waiting so you can control your own workflow in whatever method of working suits you.
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How will the messaging system work?
No different from how you currently conduct your work when you type and print letters that you post or DX to the other side with enclosures in the hope that they arrive in a day or so, if at all! The Firsthips system will largely replace the post box and the DX allowing you to send your communications and enclosures to the other parties on the system electronically and instantly.
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But if everything is online how will I keep track of things, and what about my own file?
Each matter will have a unique reference number so when you go online, only messages and documents relating to that matter will be available. It will be like having your own individual file online. You will be able to see in the correct date order all the letters that you have sent and received on the system and view all the individual documents that you have sent and received. Mindful of the need to hard copy letters and documents for your own benefit there will be an option to print all the online letters and documents as you go, so you can keep a hard copy file going simultaneously if you want.
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Suppose my clients and the other side's conveyancers don't want to use the system?
Well we think that will be very short sighted of them because there are some revolutionary changes coming to the conveyancing system in the next few years and if they don't wake up to that they aren't likely to be in business for very much longer, but to cater for all levels of conveyancers we have designed the system in such a way that you can use whatever aspects of it are relevant to the parties you are dealing with.

We consider there is an essential need for the HIP documentation to be available online but if your buyers conveyancers have only just moved on from their manual typewriter you can carry on with the job as normal. The same applies of course, if your client doesn't use a computer, and have internet or email access. Electronic communication is rapidly establishing itself as the standard format for the current generation of clients and professionals, many of whom will already be demanding this as their preferred method of dealing with their conveyancer, particularly as the Firsthips system makes it so easy to use.
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Can I continue to use my case management system?
Yes. Our system will be PISCES compliant and we will be working with software suppliers and the Land Registry to ensure an easy interchange of data between the systems.

However, our view is that full case management systems are likely to have a limited lifespan. With the introduction of HIPs, our revolutionary online conveyancing system and Land Registry e-conveyancing to follow in a few years, the system of conveyancing will be transformed dramatically and we believe the majority of the process will be turned on its head and take place online.
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How can I keep my client communication private from other users on the system?
The messaging system will allow conveyancers to control who they wish to view the exchange of correspondence and documents, and communications between the conveyancer and client will be kept confidential from other users of the system, although conveyancers will have the option of changing this but is anticipated that, where appropriate, conveyancers will send copies of correspondence to the other parties.
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How do I keep clients and agents informed of what's going on - do I need to have online tracking that many estate agents use with their panel conveyancers?
HIPs are going to change the whole process of property sales and conveyancing in particular. Most online tracking systems keep agents and clients informed of the stages that matters have reached and what may be outstanding at any particular time after a sale has been agreed. The objective of the HIP is to ensure that the majority of these matters are undertaken before the property is marketed so at that stage it is the seller and the agent who will need to keep track of what is happening.

The Firsthips system will show exactly what steps have been taken and what is currently outstanding. This will be updated in real time and be constantly available to view on the system . Once a sale has been agreed, the seller and agent can keep track of progress between the conveyancers by viewing the ongoing progress online. However, we believe that if the agents and sellers conveyancers have done their job well, then there should be little to be done other than approval of the draft contract with the next step being exchange of contracts.

The proposed Land Registry e-conveyancing Matrix (that is likely to be compulsory for conveyancers in just a few years) will provide all parties with an ongoing view of the progress of each matter in a chain, and this is likely to replace existing case tracking systems although it won't report on any aspects of the transaction that take place before the sale is agreed, of course.
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If I receive direct instructions from a client before they have instructed an agent, how do I involve the agent?
In exactly the same way as any new conveyancer would be invited to register on the system. You or your client can contact the agent with details of the system and merely ask them to register and complete the initial online details so that you can start work.

As a conveyancer who may currently obtain his work from agent recommendations or a legal marketing company, you should consider the considerable advantages of using the Firsthips system. All property sellers must commission a HIP before they can market a property. The Firsthips system allows you to establish your firm as a HIPs provider and by combining that ability with your existing conveyancing expertise you should be in a much stronger position to attract clients direct and - possibly - negotiate a better fee to reflect the additional service that you are able to provide your client. The unique online conveyancing and messaging facility will speed matters up considerably; another reason why clients will be attracted to use your firm.
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What happens after completion?
Your individual file and all documents will remain archived online on the Firsthips system which we think will be a major selling point when you advocate the use of the system to your clients. When they hopefully come back to instruct you on the subsequent sale of the property, copies of all the original documentation will be available, so your clients won't need to worry about the lack of mortgage lender storage and the inevitable loss of documents over the years.
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Technical

What will I need to use the system?
A computer that has a high speed (Broadband/ADSL) connection to the internet using Microsoft Internet Explorer version 6 or higher. The computer must be running Microsoft Windows 98SE or higher (preferably Windows XP) and can be a standalone machine or attached to a network. We recommend that you use a fast computer to facilitate the speedy uploading and downloading of documentation to the system. You will need an email address and email program - all Microsoft operating systems provide free versions of Outlook Express, which we recommend. You will also need to install a version of Adobe Acrobat that can convert and produce copies of all original and scanned documents in PDF format. This is easily obtained and more detailed advice on these programs and their use will be a feature of the Firsthips site. Firsthips through its associated company Forfront.net, is able to offer advice and internet and email facilities for users who require it.

Apart from a printer (for printing land registry plans and coloured documents, we recommend a colour laser that are quite cheap these days) you will also need a scanner to scan in individual documents for uploading to the system, although our objective is to have the majority of documents available to complete online. There are some fairly sophisticated models available for just a few hundred pounds that come complete with file management scanning software and automatic document feeders, and we can help with advice and installation if necessary. Firsthips will be able to offer a scanning service but we would urge you to get your own scanner as there will be the need to scan and send documents across the system as the transaction progresses. The majority of documentation will be in industry standard Adobe PDF format, readers for which are freely available.
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What software will I need?
There is no need for any software to be installed on your computer to use the Firsthips system other than the basic programs we have described above that will probably already exist on your system. All the software runs online automatically as soon as you connect to the system.
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So will I have to update the software and pay for software maintenance?
No. All maintenance and updates to the software will take place online and there will be no charge for this. One of the advantages of an online hosted system is that you don't have to update your own software every time a change happens because all changes take place on the Firsthips internet site.
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Is there a limit to the number of users I can have on a company account?
No. There is no limit. You may add as many users as you wish.
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Support

How will I learn to use the system?
As long as you can find your basic way around a PC, use email and the internet, then you will have no problem using the system as it has an incredibly simple and easy to use interface. An online users' manual will be available and individual training can be arranged if required.
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How does Firsthips support me?
Firsthips has a dedicated team based in the UK. They are available by phone or email from Monday to Friday between the hours of 9am - 6pm.
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I think I've found a problem with the system, what should I do?
Please report the issue to the Firsthips support team using our support page.
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Regulations (from the Department of Communities & Local Government)

What constitutes marketing, and do 'informal or one-off viewings' trigger the HIP duties?
Section 149 of the Housing Act 2004 provides that a property is put on the market when the fact that it is available for sale is made public. A fact is made public 'when it is advertised or otherwise communicated (in whatever form and by whatever means) to the public or to a section of the public'. Communication of availability for sale by word of mouth or other means is therefore caught, and counts as marketing.

One-to-one sales that do not involve any other person and do not involve marketing to a 'section of the public' are not caught by the legislation. But section 159 of the Housing Act 2004 provides that where someone acting as an estate agent introduces a seller to a buyer as part of a business, that is treated as a 'qualifying action' which triggers the HIP duties.

This means that the HIP duties will usually be triggered where an estate agent, as part of his business, arranges ‘informal or one-off viewings’ of a property that is available for sale, or communicates this availability by any means to anyone as part of an attempt to sell it.
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When should an estate agent show the EPC to a prospective buyer?
At the earliest opportunity.
Regulation 5(2) of the Energy Performance of Buildings Directive (EPBD) regulations requires the relevant person to make the EPC available to a prospective buyer at the 'earliest opportunity'. Therefore an agent who has a HIP (including an EPC) in his possession is under a duty to inform a prospective buyer who shows an interest in the property that the EPC (at least) is available for inspection.
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What constitutes requesting or ordering a HIP?
The request must be made in writing* to a person who would normally deal with such requests (e.g. a pack provider company) in order to comply with the HIP regulations. It should be made in the appropriate format together with any payment or commitment to pay that is normally required. There should also be an expectation that the documents will be made available within 28 days of the first point of marketing and all reasonable efforts should be made to obtain the documents before then. Where the documents cannot be obtained within 28 days, the responsible person must continue to make reasonable efforts to obtain them as soon as possible. Therefore, if you are found to order the pack but not make arrangements for payment or make reasonable efforts to ensure it is produced in good time, this would be an example of non-compliance. In such cases, a £200 penalty could be imposed on the estate agent marketing the property and this could, in turn, lead to a banning order from the Office of Fair Trading if there were a number of such breaches.

* Unless it is an oral request made to the Land Registry under Land Registry Rules
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To qualify for the exception for properties marketed before HIPs came into force, is it enough simply to have entered into a contract with an estate agent before the commencement date?
No. The exception only applies where the property was actively marketed for sale before the appropriate commencement date (see below) and you may be asked for evidence of this. If it was marketed on or after the following dates and you have not commissioned a HIP, you are not complying with the regulations.


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If I agree to an estate agent showing potential buyer/s my property, even though we don't have a written legal agreement, do I need a HIP?
Yes. Provided the agent is marketing the property on your behalf, a HIP would be required and it would be the responsibility of the agent to ensure this.

Not having a HIP in place or ordered could lead to a £200 penalty for the estate agent marketing the property. This could lead to a banning order from the Office of Fair Trading if there were a number of such breaches.
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I receive e-mails about properties from a company that passes on information about homes where the seller wants to sell quickly. Are they required to provide me with a HIP?
Yes. Provided the information is passed to more than one person, that would be marketing to a 'section of the public'. A HIP would be required from whoever is treated as responsible for marketing. This would be the seller himself if the company was not acting as an estate agent on his behalf.
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Do EPC graphs need to be included in the estate agents particulars?
Yes. The rules require the Energy Performance Certificate to be attached to the written particulars or, alternatively, for the EPC graphs to be included in them. This applies to electronic copies of particulars posted on websites as well as paper copies.

Example particulars, including the EPC graphs, are available at: http://www.home-information.info/doc?id=133
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If a seller instructs multiple estate agents do they all require a copy of the HIP?
Yes. Even if the HIP is ordered through one agent all agents should:

Failure to comply with these requirements could be treated as a breach of the duties.
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If I change estate agent, is the HIP commissioned by the first agent valid for use by the new agent?
Yes. A HIP is valid as long as it complies with the regulations and there has not been a break in marketing. However, whether the vendor can take the HIP with them will depend on the ownership of the HIP and the commercial terms that the vendor agreed with their estate agent or HIP provider.

Common payment options and terms offered in the market include:


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Guide to Financial Support for Improving Energy Efficiency
CLG and the Energy Savings Trust have produced a short guide for householders in England and Wales on ways to cut down on energy bills and the financial support available for implementing energy efficiency measures in their homes. This includes the support available for acting on recommendations in the EPC.

Multiple hardcopies can be ordered free by e-mailing communities@twoten.com quoting product code: EST/HIP/08.
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Consumer redress and estate agents - Home Information Pack legislation means that estate agents in England and Wales marketing homes for sale with HIPs are required to belong to an approved redress scheme for HIP-related complaints. From 10 September this has applied to all homes marketed with three or more bedrooms. Douglas Taylor of the HIP Programme Team explain
Approved redress schemes will be able to deal with a range of complaints about estate agents relating to their acts or omissions in relation to a HIP (including the giving of advice as to whether such a Pack is required) and award redress where complaints are upheld. In addition, administrators of approved redress schemes will have to pass information regarding misconduct of estate agents to Trading Standards and the Office of Fair Trading, which has the option of conducting a fitness test, which could lead to a ban, if it deems this to be appropriate.
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