What if no EPC is provided by the seller, but the buyer goes ahead and subsequently discovers that the property is unlettable (because of the poor energy rating).Can the buyer take action against the seller?
On a first sale, when an NHBC certificate is being offered, the conveyancer should check the names (i) in the contract and (ii) in the NHBC documentation.
The ‘registration gap’ is the time between (i) completion and (ii) registration at the LR. Since it is not (yet) possible to have an instantaneous completion and registration, there will always be a period of time when the new ’owner’ is not registered.
A new-build ‘warranty scheme’, such as the NHBC, is needed because there will usually be no privity of contract between the building contractor and the buyer.
If a client buys off-plan, then what is the relevant date for capital gains tax purposes? In particular, how does this impact on the availability of principal private residence relief?
The LR will no longer reject an application to register a lease if the following prescribed clauses have not been completed: title number; full names and addresses of the parties to the lease; and details of the terms of the lease.
Disputed will – guidance; procedure Wednesday, 13 February 2019 What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died? Read more...
MoJ – IT meltdown Wednesday, 13 February 2019 Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts. Read more...
Part 36 offers – appropriate Wednesday, 13 February 2019 Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability? Wednesday, 13 February 2019 A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges Wednesday, 13 February 2019 We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification? Wednesday, 13 February 2019 A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of Wednesday, 13 February 2019 In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR. Read more...
Sentencing – contempt of court Wednesday, 13 February 2019 The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case. Read more...
