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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
Post-Death Deeds Of Variation
04 June 2021
1 min read

Post-Death Deeds Of Variation

To assist practitioners working in estate administration, the Probate and Letters of Administration guides have been enhanced with commentary covering variation of testamentary and intestate dispositions and the effect that they may have on the estate’s tax position. In addition, 11 new post-death deed of variation precedents have been published which cover the most common requirements. We invite you to explore these updated publications. Comments and feedback are always welcomed.
Estate Administration
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
Enhancing The Conveyancing Guides
26 May 2021
1 min read

Enhancing The Conveyancing Guides

The By Lawyers Sale of Land and Purchase of Land guides have been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review takes a practical approach, drawing on our considerable experience to cover all aspects of procedure with a focus on practical tips that will help practitioners confidently run a sale matter to completion. Commentary has been included covering the village green cases of Oxfordshire County Council v Oxford City Council & Ors (2005) and others [2006] UKHL 25 and TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4, the recent adverse possession case of Amirtharaja & Anor v White & Ano [2021] EWHC 330 (Ch) and the recent vacant possession case of Capitol Park Leeds Plc v Global Radio Services Ltd [2020] EWHC 2750 (Ch). Commentary regarding conditional auctions, sometimes called the ‘modern method’, has been included and the section regarding high rise cladding has been expanded to include the guidance from the Royal Chartered Institute of Surveyors. Guidance on the requirements for a septic tank permit has also been included. A new precedent letter has been included in the Sale of Land guide for use when requesting a contribution from the Land Registry for indemnity insurance to cover a defect in the title which they have created. We invite you to explore this updated publication and to consider the wealth of assistance the updated Sale of Land and Purchase of Land guides offer. Comments and feedback are always welcomed.
Conveyancing and Property
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
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
A New Will Clause In The Library
01 April 2021
1 min read

A New Will Clause In The Library

Following a request from a user, a new clause, Immediate post death interest in property, has been added to the Wills matter plan, in the Library of clauses contained in the C. The Will folder. The new clause allows for the grant of an immediate post death interest in a property to a partner, whether they are unmarried, married, in a civil partnership. An option for the interest to revert to children on either the death of the partner or their marriage or cohabitation has also been included. Comments and feedback are always welcomed, particularly if other clauses would be useful.
Wills and Lifetime Planning
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
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