The Practical Lawyer


DS1 – delays

Conveyancing practitioners may have noticed delays in the processing of HMLR applications involving a paper DS1 (cancellation of charge). This is because from April 2018 HMLR is making more checks of paper DS1s. 
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First registration – FR1

HMLR has updated FR1. The side note to panel 5 on fees has been amended to clarify that the fee payable for an application for first registration must be based on the full market value of the land.
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Price transparency – guidance

The new rules on price transparency came into force on 6 December 2018. The Law Society has issued a practice note which is mandatory reading.
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EPC – failure to provide?

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?
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Land Registry – name variations

The LR has published new guidance on what to do when there are discrepancies or variations in the names on deeds sent for registration.

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NHBC – ‘unregistered vendor’

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.

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Notice to complete – vacant possession?

Can a seller serve a notice to complete if they have already obtained vacant possession of the property?

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Legal title – registration gap

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.

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Deposit – non-refundable?

A buyer (or seller) will often ask if there is some way of tying in the other side, before formal exchange of contract.

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NHBC – Buildmark

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.

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