The Practical Lawyer


CRL warranty – take care

CRL is one of a number of new home warranty providers. Many of its self-build and ten-year new home warranty products were underwritten by Alpha Insurance which has gone bankrupt.
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Code for Completion by Post – new code

The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code.
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HMLR – local land charges

The migration of the local land charges data from local authorities to HMLR continues. Under the Infrastructure Act 2015, responsibility for the 326 registers is being transferred to HMLR – a transition which started in 2018.
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Japanese knotweed – update

We have covered the risks to buyers and lenders that Japanese knotweed poses in our November 2017 edition. 
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FR1 – checklist

We reported in our February 2019 edition (p6) about HMLR’s first registration rejection criteria.
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Purchase with residential tenancies – pitfalls

A useful article by Hardwicke Chambers reminds residential conveyancers of the pitfalls of acting for a buyer of a property subject to residential tenancy. 
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HMOs – a reminder

If a client is buying a property such as bedsits, a shared house or a block of converted flats, then the property is likely to be an HMO. The significance of this is that the house might need a council licence.
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Leaseholds – poor advice!

It is reported that just one firm has sent some 750 pre-action notification letters to conveyancing firms regarding allegedly defective leasehold advice.
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Charity property – a reminder

Many practitioners will act for small, local charities such as those running village halls, museums or local parks and amenities.
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CQS – revamp

The Law Society introduced the Conveyancing Quality Scheme (CQS) in 2011. It involves a detailed application process by conveyancing firms. 
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Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...


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