The Practical Lawyer


HIPs – administrator

Suppose you are acting for a seller who is the administrator of the estate of a relative, and probate has not yet been granted. Is an HIP needed?

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Standard Conditions – no mortgage?

There is no provision in the Standard Conditions allowing a buyer to rescind if the lender withdraws a mortgage offer.

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Properties – raffle prizes

One way of selling a property is as the prize in a raffle draw. But, such house competitions run the risk of falling foul of Gambling Act 2005.

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A Property Information Questionnaire has to be included in a Home Information Pack when the first point of marketing is on or after 6 April.

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Completion – undertaking

In these days of falling values and negative equity, it is more important than ever to take care before giving an undertaking to redeem an existing mortgage or charge – without having first obtained a redemption statement and/or the consent of each mortgagee for the release of their security.

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Land Registry – forms

A reminder that the new LR forms are now all mandatory (as from 10 February). Old forms cannot be used.


Contract – L’s consent?

If L’s consent is needed to an assignment (eg of a long residential lease) then consider whether the Standard Conditions are appropriate.

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Contract – Unfair Terms?

Do the Unfair Terms in Consumer Contracts Regs apply to contracts to buy and sell land?

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Mining search – neighbouring property

If you carry out a coal mining search, what is the scope of the protection that you (or your client) gets from the Coal Authority?

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City of London – Certificate of Title

The City of London Law Society has made minor changes to its widely used Certificate of Title.

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references:


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