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Commercial Property Leases
16 June 2021
1 min read

Commercial Property Leases

Following user feedback we have published two new drafted commercial leases which are available on the Commercial Lease - Acting for Landlord matter plan. In addition to the Law Society standard leases, we now have a new commercial lease drafted in By Lawyers plain English style. The Commercial lease - Optimised presentation is formatted to present matter-specific information in the initial pages of the document, with the boiler-plate clauses which need no amendment in the following pages. A new Commercial lease - Standard presentation is also available. The commentary has also been updated with a discussion of the reasons why the optimised style is more useful for clients and practitioners - not least because all the amendments take place within the first few pages of the lease. Both styles contain all the lease considerations that are usually required. We also have increased the number of optional clauses available to insert into these leases where relevant including: Landlord’s conditions of consent to underletting clause Landlord’s conditions of consent to assignment clause Landlord's break clause Tenant's break clause Parking space clause We invite you to explore these new documents. Comments and feedback are always welcomed.
Conveyancing and Property
New Letters Of Administration Guide
03 June 2021
1 min read

New Letters Of Administration Guide

We are very pleased to announce the release of a Letters of Administration guide. The guide covers all aspects of practice and procedure when acting in the administration of an estate where there is no will, or there is a partial intestacy. The guide assists practitioners with all aspects of the estate administration from applying for a grant through to distribution. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes law and procedure relating to the intestacy rules and the impact that they have on the distribution of the estate to creditors, claimants and beneficiaries. A number of new precedents have been published, including: 6 examples for the content of an administrator’s statement of truth; A full suite of letters to administrators, beneficiaries and third parties; and A very useful precedent Estate Summary Pack. The Letters of Administration guide is an invaluable resource for all practitioners who deal with estate administration, including those with limited experience in this area or those supervising junior lawyers.
Estate Administration
New Software That Compiles Search And Enquiry Results In A Report On Title
01 May 2021
1 min read

New Software That Compiles Search And Enquiry Results In A Report On Title

InfoTrack’s property report is an opportunity to do conveyancing differently. Having seen a couple of demonstrations of the new ‘property report’ feature from InfoTrack it is clear that the use of clever technology to simplify the lives of conveyancers is here to stay. Drawing information from a number of sources into one place, the property report is mostly completed before a practitioner has even touched their keyboard, but is fully customisable to ensure that clients receive tailored information. Land Registry information, search results and replies to enquiries are all included. The InfoTrack enquiries platform was a revelation, and a revolution, to this author. Hyperlinks to InfoTrack have been incorporated into the matter plan and there is a new Letter to seller’s solicitor with amended contract and draft transfer – Enquiries via InfoTrack which alerts the other side to the process.
Conveyancing and Property
New Deed Of Variation Of Rentcharge
21 April 2021
1 min read

New Deed Of Variation Of Rentcharge

Following a user request, a new Deed of Variation of Rentcharge has been added to the Sale of Land guide. The new deed enables parties to relinquish any remedies for breaching an existing rentcharge deed. As lenders become more anxious about the possible effects of s 121 of the Law of Property Act 1925 and the potential for leases to be granted where rentcharges are outstanding, we believe that this deed will be a useful tool for conveyancers in mitigating these risks for their lender and lay clients.
News and Updates Conveyancing and Property
Summary Of Key Obligations Of Anti-Money Laundering Guidance For Legal Sector
18 April 2021
1 min read

Summary Of Key Obligations Of Anti-Money Laundering Guidance For Legal Sector

We have published a new commentary, A summary of the key obligations of the Anti-money laundering guidance for the legal sector which sets out the essential information that practitioners need to know to ensure that they comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The new commentary can be found in the Compliance requirements folder on every By Lawyers matter plan. The goal of By Lawyers is take the intimidation out of the law and ensure that our clients enjoy practice more. As a result, all By Lawyers commentaries are published with a focus on providing a sensible appreciation of law and practice in England and Wales.
Practice Management
Short Residential Tenancy Disputes
12 April 2021
1 min read

Short Residential Tenancy Disputes

We are pleased to announce a new Short residential tenancy disputes guide, with detailed commentary including rent arrears, noise nuisance and anti-social behaviour and deposit disputes. Repossession proceedings are stepped through in detail when acting for the landlord and acting for the tenant. Tribunal and court proceedings are discussed, as well as the current impact of COVID-19. The comprehensive matter plan is divided into two folders; Acting for the landlord and Acting for the tenant. Precedents that practitioners will find useful include: Letters and notices to tenants in breach of their tenancy agreements; Letters and enclosures for a rent repayment plan; Letters and enclosures relating to the use of a deposit protection dispute resolution scheme; A library of carefully drafted common possession notices under both s 8 and s 21 of the Housing Act 1988; A full suite of litigation letters and documents, and example content for claim forms and defences. This Short residential tenancy disputes guide is an invaluable resource for practitioners who regularly conduct landlord and tenant matters, as well as those with limited experience or those supervising junior lawyers. We invite you to explore the new guide. Comments and feedback are always welcomed.
Conveyancing and Property
Short Residential Tenancies
12 April 2021
1 min read

Short Residential Tenancies

We are very pleased to announce the release of the Short Residential Tenancies guide to complement our many comprehensive Conveyancing and Property guides. This guide covers all aspects of practice and procedure when preparing, managing and ending a short residential tenancy. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes: Commentary on the types of short-term residential tenancies; Guidance on creating short-term residential tenancies; Tenancy agreements to suit various situations; An inventory and inspection report to assist with managing a tenancy; and Notices to end a tenancy. The Short Residential Tenancies guide is an invaluable resource for all practitioners who wish to prepare, manage and end a short residential tenancy. We invite you to explore the new guide. Comments and feedback are always welcomed.
Conveyancing and Property
Help To Buy And Electrical Safety
26 March 2021
1 min read

Help To Buy And Electrical Safety

From 1 April 2021, a new Help to Buy scheme comes into force. For further details see the Help to Buy section in our Purchase of Land commentary. From 1 April 2021, The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 will apply to all private rented sector landlords of residential premises in England, including licences to occupy and houses in multiple occupation, with costly sanctions for non-compliance. For further details see the Buy to Let section in our Purchase of Land commentary.
Conveyancing and Property
New Employment Law Guides
18 March 2021
1 min read

New Employment Law Guides

We are very pleased to announce the release of two new By Lawyers publications: Employment Law – Non-Contentious; and Employment Law - Contentious. These two publications cover all aspects of practice and procedure whether acting for employees or for employers. They assist practitioners with representing clients, document drafting through to managing matters within the employment tribunals. The commentaries are practical and easy to understand and are supported by numerous helpful precedents. Key content includes: Commentary on contracts of employment, human resources, policies and procedures, transfer of undertakings, redundancy and unfair and wrongful dismissal. Commentary on conciliation, mediation and arbitration in the employee/employer relationship. Law and procedure relating to employment tribunals, including the Employment Appeal Tribunal. Comprehensive To Do Lists and Retainer Instructions ensure all necessary instructions are taken and followed. Letters to clients and third parties when establishing the employment relationship and when disputes arise. These Employment Law publications are an invaluable resource for practitioners who regularly conduct employment matters, as well as those with limited experience or those supervising junior lawyers. We invite you to explore these new guides. Comments and feedback are always welcomed.
Employment Law
Helping Clients To Use The Form E App
26 February 2021
1 min read

Helping Clients To Use The Form E App

To complement the new ‘Your Finances’ app for gathering financial information from clients, two new letters have been added to the Financial Remedy guide. The first, Letter to client instructed to commence proceedings with financial remedy – Form E shared via LawConnect, contains step-by-step instructions for using LawConnect which clients can follow. The second, Letter to client with financial statement for signing – eSignature, contains guidance for clients on signing the Financial Statement using DocuSign. We invite you to explore these new letters. Comments and feedback are always welcomed.
Family Law
Witness Statements
24 February 2021
1 min read

Witness Statements

In accordance with the recent approval of a new Practice Direction 57AC promoting and enforcing best practice during the preparation of witness statements, the general precedent Witness Statement – Civil matters has been amended to include the new required wording. This can be found in the C. Blank Deeds, Agreements, Statements, Declarations, Consents & Execution Clauses folder which is on every matter plan. The wording is required in all witness statements which are signed on or after 6 April 2021 and are for trials in the Business and Property Courts. We are including the changes now so that practitioners are able to plan ahead and prepare their witnesses accordingly. Comments and feedback are always welcomed.
Practice Management
New Initial Advice Letters Will Help Busy Criminal Practitioners
17 February 2021
1 min read

New Initial Advice Letters Will Help Busy Criminal Practitioners

With criminal practitioners being busier than ever, we have enhanced our Criminal guide with a library of new initial letters to clients. Designed to accompany the Client Care and Terms of Business which are sent after the first meeting with a client, these letters have sufficient space for case-specific details and advice and already include the sentencing guidelines for an offence. The library can be found in the B. Getting the matter underway folder of the Criminal Magistrates Court matter plan and includes letters for the following offences: Drink driving Possession of Class A drugs Possession of Class B drugs Possession of Class C drugs Criminal damage Robbery – Street and less sophisticated commercial Wounding with intent Rape We encourage practitioners to use these letters, and welcome feedback and suggestions, particularly if other offences may be useful.
Criminal and Motoring Offences
Leasehold Reform At Last!
12 February 2021
1 min read

Leasehold Reform At Last!

As practitioners are no doubt aware, the government has recently promised to finally reform the way that leasehold works, and to address the issues with commonhold. This has prompted By Lawyers to include three new precedents in the Enfranchisement guide: Memorandum of Association – Commonhold limited company Articles of Association – Commonhold limited company Community statement – Commonhold limited company Wholesale reformation of the property ownership system is long overdue and it is hoped that amendments to the legislation will reassure lenders and developers, persuading them to leave the cosy confines of leasehold and finally embrace the brave new world of the commonhold system, 20 years after it was created. When the new rules are announced, we will, of course, review and amend our materials to ensure that users have access to the most up-to-date information. In the meantime, we will be keeping a close eye on the most positive news item of 2021 so far.
Conveyancing and Property
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