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 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.

The By Lawyers Private Child Arrangements guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review took a practical approach to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a private children matter. The commentary covering witnesses has been expanded. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and practitioners.

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 By Lawyers Purchase of Land Guide has been reviewed and updated to ensure that the commentaries 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 purchase matter to completion. The commentary has 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. A new section on finance and funding draws together all the financial aspects of the transaction, including mortgages, taxes and help to buy funding. Issues surrounding short term lets, for example Airbnb, are discussed. The section about pre-exchange searches has been expanded. The process by which contracts are exchanged has been amplified, including a worked example of using Formula C. Post-completion tasks are discussed in greater detail. The retainer instructions have been updated. The to do list has been updated. The summary of the conveyancing process has been updated. The matter plan now includes new precedents: New and amended possible enquiries, including a set specifically for new build properties. A letter sending the help to buy ISA declaration to clients, and a link to the declaration itself. An access undertaking for use when buyers would like access to the property between exchange and completion. 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 purchase matters.

The Law Society, Council of Licensed Conveyancers, Chartered Institute of Legal Executives, Bold Legal Group and the Conveyancing Association, with the support of Government departments and the Land Registry have jointly drafted a Variation Agreement, for use where an exchange of contracts has already taken place on a conveyancing transaction, and a practitioner considers that it is necessary to vary its terms due to the impact of the coronavirus. The Variation Agreement and guidance regarding its use are available in both the sale and purchase guides, in the sections relating to Deterioration, Disputes and Notices. Keep up-to-date with our latest COVID-19 News & Updates.

The By Lawyers Mortgages Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. Read more...

A new precedent Deed of Substituted Security has been added to the By Lawyers Mortgages Guide. This precedent can be adapted to suit most circumstances where a lender hasn’t supplied their own. This precedent can be found in folder G. If required - Discharge, assignment and variation.

In line with advice from the Conveyancing Association, By Lawyers have amended our precedent post-completion notices to include a section relating to Land Registry certificates. These edits will allow practitioners to obtain the necessary consents more efficiently and cost-effectively. The notices can be found in the Purchase of Land Guide. In order to access the latest version of these precedents, don’t forget to click or tap update and replace the existing precedent when the document is opened.

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

In response to the criticism levelled at the profession for failing to adequately advise buyers of the distinction between freehold and leasehold titles to residential property, By Lawyers have produced a brief appreciation that can be sent to clients with their initial letter. You will find the precedent ‘Enclosure - A short explanation of the important distinction between freehold title and leasehold title’ on the purchase matter plan.

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.

A precedent Reservation Agreement has been added to the sale and purchase of land guides. The agreement is designed to bind the parties to an agreed pre-exchange time frame in which the seller will not deal with third parties, and the buyer will either exchange the offered contract or withdraw on discovery of serious adverse affectations through the usual investigations, searches and enquiries. By this means the parties are able, immediately following agreement and issue of the contract, to be confident that the transaction will proceed in the absence of unforeseen and unexpected circumstances.

Additions to the Sale and Purchase of Land commentaries have analysed the law and practice in relation to boundaries to assist practitioners who are called upon to prepare boundary agreements or to seek the determination of a boundary. Read more...

The commentary on the completion of the declaration of trust panel in transfers has been expanded to assist practitioners to correctly complete the panel. Read more...