The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Conveyancing

SDLT – what is ‘residential property’?

This case related to a claim for an SDLT refund of £48,500. The property was described in the agent’s particulars as a ‘fantastic family home set in about 4.5 acres within the sought after New Forest National Park’ with six bedrooms, gardens, swimming pool, garaging, stable yard and paddocks. The appellants completed the purchase on 21 March 2016. The consideration was £1,775,000, on which the appellants paid SDLT of £126,750, having entered the property as residential on their SDLT1 return.
Subscribers only...
 

Cladding – pre-contract enquiries

The tragedy at Grenfell Tower has brought the dangers of building cladding into sharp focus for those advising Bs and Ts. Some estimates indicate that there are still around 600 private buildings which have the same cladding as that used on the Grenfell Tower, namely aluminium composite material (ACM). The government has declared ACM and other cladding to be unsafe and building control deem all buildings with unsafe materials to be in breach of health and safety regulations. Many long leaseholders are faced with large service charge bills relating to costs incurred by the freeholder to replace unsafe cladding.
Subscribers only...
 

Wood burners – changes to fuel

In the face of conveyancers being expected to advise on everything from electrical appliances to knotweed these days, practitioners may consider adding a line or two to their standard purchase report to remind Ss and Bs of the changes to fuel that can be put into wood burning stoves.
Subscribers only...
 

Property Information Form – updated

The Law Society has updated the Property Information Form (4th ed) (2020) (PIF) to be used as part of the Protocol from 7 February 2020. Most firms will access the form via their software or forms supplier and therefore might not consider the changes in too much detail. However, practitioners should consider the form and the Law Society’s detailed guidance notes as the changes may impact on advice given to S when completing the form and to advice to Bs when reporting on the contract and enquiries.
Subscribers only...
 

Restriction changes – a reminder

We reported in our May 2019 edition (p5) on an important change being introduced by HMLR to the wording of restrictions which comes into effect on 1 April 2020. From this date, HMLR will enforce a change to restriction consent wording. HMLR’s guidance states that:
Subscribers only...
 

Upgrading class of title – PG 42

Form UT1 is used for applications to upgrade the HMLR class of title.
Subscribers only...
 

First registration – certified copy documents

We reported in our February 2019 edition (p6) on the fact that HMLR has toughened up on firms that do not submit applications for first registration correctly. Instead of sending a requisition, HMLR will simply reject the application outright if certain basic criteria are not met, such as:
Subscribers only...
 

HMLR domain name – changing

From 2 March 2020, selected HMLR team email addresses will have a slightly different domain name. The domain name is the part of the email address after the @ symbol.
Subscribers only...
 

Net sale proceeds – conveyancer should have released

The HC has recently held that a law firm which did not release net sale proceeds of some £350,000 to the seller for a number of years was wrong to hold onto the money. The defendant firm claimed that they had ‘reasonable grounds for suspicion and concern’ regarding the transaction. The seller was known by two different names and it transpired that he had a criminal record. The defendant firm reported the matter to the National Fraud Intelligence Bureau and submitted a Suspicious Activity Report to the National Crime Agency.
Subscribers only...
 

DS1 – evidence of identity

We reported in our February 2019 edition (p6) on the case of Caffrey which led to HMLR tightening its procedures to reduce fraud risk where a paper DS1 is submitted for the removal of a charge. This has meant that applications involving DS1 where there is a lender who is an individual may take longer to conclude.
Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 55

Most-read articles

Capacity – wills; disclosure
Monday, 09 March 2020
The Society’s guidance, Access and disclosure of an incapacitated person’s will, gives important clarification around the circumstances in which a solicitor can disclose a copy of a client’s... Read more...
Source of funds – Law Society guidance
Monday, 09 March 2020
We mentioned above the new Law Society practice note on signs of money laundering. A constant refrain for conveyancers – but one which should be heard more widely – is the importance for firms of... Read more...
MIB injury on private land – update
Monday, 09 March 2020
We reported in our July/August 2019 edition (p31) on the case in which the CA held that MIB was liable to pay compensation to someone injured in a car accident on private land. The injured party was... Read more...
Provisional damages – underused?
Monday, 09 March 2020
An interesting article reminds PI practitioners of the underused solution of provisional damages, which are provided for in s32A of the Senior Courts Act 1981. In PI and clinical negligence cases,... Read more...
Tate peeping – CA decision
Monday, 09 March 2020
We reported in our March 2019 edition (p24) on the case brought by the owners of luxury flats adjacent to the Tate Gallery. They applied for an injunction to prevent members of the public from... Read more...
RICS – code for leasing business premises
Monday, 09 March 2020
The RICS has launched the first edition of its Code for Leasing Business Premises which comes into force on 1 September 2020. It will replace the voluntary Code for Leasing Business Premises in... Read more...
Boundary disputes – the essentials
Monday, 09 March 2020
Boundary disputes can mean different things to different practitioners – conveyancers will hate them and seek to avoid at all costs; property litigators will no doubt take a different view! An... Read more...
Procedure – coronavirus
Monday, 09 March 2020
The author raises an urgent issue for family lawyers: how should they take the coronavirus into account in the work they undertake for their clients, particularly international clients or those with... Read more...
Parental bereavement – in force?
Monday, 09 March 2020
The Parental Bereavement (Leave and Pay) Act 2018 should come into force in April 2020. Regulations as to the detailed operation of the Act are awaited but the government’s consultation response... Read more...
Sentencing – judge’s remarks
Monday, 09 March 2020
The appellants were convicted of a money laundering offence under s328 POCA following a sophisticated, multimillion-pound, cross-border money laundering operation. S was sentenced to eight years in... Read more...

Resources

IAG International
MSI Global Alliance
In House Lawyer
Join the IBA now!
www.totallylegal.com