The Purchase of Property commentary has been updated to include two new cases of note. Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 is an interesting case on the pitfalls of asking for forgiveness rather than permission. A developer built thirteen affordable houses on a piece of land which was encumbered by a restrictive covenant preventing the construction work. While the public interest benefit of the houses was clear, so was the conduct of the developer in proceeding without covenant consent. Planning permission had been obtained, but of course this is no guarantee of lawfulness. The developers lost their application under s 84 of the Law of Property Act 1925 to have the covenant disapplied, proving that restrictive covenants should be ignored at a purchaser’s peril. Fiander & Anor v Revenue & Customs [2020] UKFTT 190 (TC) is a heartening case for practitioners who are worried about multiple dwellings relief being incorrectly applied to stamp duty land tax. Claims handlers are actively approaching home-owners with offers of running negligence claims against conveyancers who may have failed to apply this relief on their client’s behalf when properties may qualify. This case makes it clear that establishing a ‘separate dwelling’ is not as easy as some clients may believe.

By Lawyers are delighted to announce the release of our new publication on Lease extensions. This useful new publication will enable practitioners to guide landlord and tenant clients through the statutory process of extending the term of a lease. The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Conveyancing process Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Deed of surrender and regrant of lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.

By Lawyers are delighted to announce the release of our new publication on Enfranchisement. This useful new publication will enable practitioners to guide freeholder and tenant clients through: Collective rights – Enfranchisement Tenants right of first refusal Collective rights – Right to manage Individual rights – Enfranchisement of a leasehold house The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Bona Vacantia, County Court and First-tier Tribunal applications Conveyancing processes Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Tenants Participation Agreement Articles of Association for a Right to Manage Company Statutory Declarations of occupation Deed of Surrender of Lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.

A valid Energy Performance Certificate must be provided in order to market a property. The Purchase of Property and Sale of Property commentaries have been updated to provide information about where Energy Performance Certificates and reports are centrally registered including details of the new location for the Energy Performance of Buildings Register. These certificates can be downloaded for free by anybody. We invite you to explore these updated publications and welcome Comments & Suggestions as always.

By Lawyers has added a new document called ‘Enclosure – General advice to buyers’ to the ‘Getting the matter underway’ folder of the Purchase of Land Guide. This enclosure gives clients a basic overview of the various issues that may arise during the purchase transaction and will be useful for practitioners in explaining some of the conveyancing terms and concepts.

Following a user request, a new Deed of assignment of equitable interest in residential land has been added to the ‘Blank Deeds, Agreements, Statements, Declarations, Consents and Execution clauses’ folder which is available in the ‘A. Getting the matter underway’ section of every matter plan. We trust that users will find this new document helpful. Comments and feedback are always welcomed.

A sharp increase in the number of property raffles over the last few months has prompted the enhancement of the Sale of Land commentary with discussion of the pitfalls and problems surrounding this unusual method of sale. Covering areas such as gambling legislation and advertising standards, practitioners who are approached by clients interested in a seemingly swift sale can now read this practical advice. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Purchase of Land commentary has been enhanced to include, in addition to searches of local registers carried out by local authorities, the process for applications for searches of a local authority register which have been migrated to HM Land Registry and are made using the registry’s Search for local land charges service. We invite you to explore this updated publication. Comments and feedback are always welcomed.

Discussion of trust of land claims has been added to the Financial Remedy guide, enabling family law practitioners to gain an appreciation of the case law and process in this area. Covering an overview of trust law, a number of key cases and practical points to consider when dealing with disputes and making applications to court, this section of the guide will help practitioners when encountering this complex area. More informaiton is also available in the Freehold Property Disputes guide.

The period of enforced suspended animation brought about by the pandemic is coming to an end and for the majority there is a sigh of relief and a strong desire to return to normality. However, having been enveloped in a state-controlled protective cocoon for months, the reality is that the Piper’s very large bill now needs be paid and the wake-up call is going to be harsh. Read more...

With the recent publication of the Law Commission report, clearly moves are afoot in the residential leasehold world to balance out the disparity between the rights of landlords and those of their tenants. Time will only tell what is finally put on the platter for general consumption on that planet. But let us travel deeper into the universe and visit planet ComZog, commonly known on Earth as the commercial leasehold world. Read more...

The Welsh Government has temporarily increased the nil rate band of land transaction tax for residential property transactions in Wales, increasing the nil rate from £180,000 to £250,000 for main residential purchases. The temporary rates apply for main residential purchases between 27 July 2020 and 31 March 2021, but do not apply to purchases of second homes or buy-to-let properties.

The Commercial Lease guide has been enhanced with the inclusion of two new precedent documents to assist practitioners: Authorised guarantee agreement and Licence to assign. These can be found in the folder D. If Required – Sublease, assignment, variation and surrender.

As we hurtle down the tracks towards commonhold, it is predicted that draft legislation will be laid before parliament mid to late 2021, with the biggest swathe of leasehold reform since 1925. However, when we finally arrive at our destination, the swathe may not be as big, or as revolutionary, as we would hope. Read more...

The By Lawyers Sale of Land Guide has been reviewed and updated to ensure that the commentary and precedents are in line with current law and conveyancing practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a sale matter to completion. The following sections of commentary have been expanded: undertakings are explained in more detail; the unregistered land section has been improved; adverse possession claims and procedures are discussed in greater detail; the process by which contracts are exchanged has been amplified, including a worked example of using Formula C; and post-completion tasks are discussed in greater detail. The following precedents have also been enhanced as part of the review process: Retainer Instructions -Sale of Land; and To do list – Sale We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in residential sale matters.