Court of Protection applications have been given their own guide containing commentary on making an application, deprivation of liberty, managing and terminating a deputyship. The matter plan contains all the letters and forms necessary for this work.

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.

Two special conditions have been added to the Library of special conditions found in the C. Contract folder of the Sale of land matter plan. These relate to the buyer reimbursing the seller for the costs of searches or reports and the buyer’s responsibilities where a property is sold subject to a tenancy agreement.

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.

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.

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.

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.

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.

Legislation has now come into force permitting wills to be executed and witnessed using video-link facilities. The legislation has retrospective effect, meaning that any wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. The Wills commentary includes detailed discussion of the processes involved in the witnessing of a will using video-link. Precedents for client instructions, a practitioner’s checklist and an attendance note have been created, as well as example wording for a will attestation clause. We invite you to explore this updated publication. Comments and feedback are always welcomed.

A chapter has been added to the Powers of Attorney and Advance Decisions guide which deals with applications to the Court of Protection for deputyship orders. Commentary has been included on capacity issues, the application process and the role of a deputy. The matter plan includes all the necessary letters and forms to obtain an order, including those required for notifying the person involved and third parties. The Retainer Instructions and To Do List for these specific matters will ensure that thorough instructions are taken and the required timescales are met. We invite you to explore this updated publication. Comments and feedback are always welcomed.

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...

The By Lawyers Residential Lease commentary has been updated to reflect changes to capital gains tax payment deadlines. A short note regarding income tax has also been added.

The Property information form TA6 has been updated. The changes are in relation to Japanese knotweed, flood risk, radon and septic tanks.

In order to further enhance communications between practitioners and their clients we have added to the initial letter an informative summary of the conveyancing process. This easy to follow chart is a step by step explanation of the process from the point of view of both the seller and the buyer. The matter plan provides letters for each step of the process, informing the client, the agent and other interested parties that the transaction has advanced to that stage.