The Practical Lawyer


Land Registry – private and confidential

Be very wary of marking any LR correspondence as ‘private’ or ‘confidential’. If you do that, then the chances are the LR will return the correspondence to you (or put it aside to see whether it can properly be scanned), which means it will not be deemed to have been ‘received’ by the LR – and that, in turn, may affect the priority of your application.



Overriding interest – ‘inspection’

However comprehensive the system of land registration, it is still possible to buy a registered plot of land and then discover that you do not have an unencumbered title. One way this can happen is through an occupier having an overriding interest.
Subscribers only...

SDLT 3% – trusts

Additional 3% SDLT will apply on residential purchases by individuals (who are buying a freehold or lease of at least seven years) of a single dwelling, if conditions A to D are met:
Subscribers only...

SDLT 3% – residential

As is well known, the additional 3% will apply on residential purchases by individuals (buying a freehold or lease of at least seven years) of a single dwelling, if conditions A to D are met:
Subscribers only...

SDLT penalty – late documentation

What happens if the seller fails to return the completion document before the SDLT return filing date? In that situation, can the buyer avoid a penalty for late filing?
Subscribers only...

SDLT 3% – annexes

Self-contained annexes included in the purchase of a house have now been removed from the additional 3% surcharge.
Subscribers only...

SDLT 3% – trust

Whether or not a trust will pay the higher rates depends on whether the trust is a life interest or discretionary trust.
Subscribers only...

SDLT 3% – companies

Modified rules apply when residential property is bought through a company. The starting point is that the company will pay the additional 3% if it buys a residential property (even if does not own another residential property). But, the additional 3% will not apply to a purchase by a company of a ‘higher threshold interest’ which is subject to the 15% flat rate charge (in other words, the SDLT rate remains at 15% – not 18%).

SDLT 3% – investment property

   If H and W both individually own a residential property, but live together in one of them, there is a potential SDLT 3% trap. In that situation, it is easy to envisage the couple deciding to buy a new main residence but selling the one property they are not living in (eg to finance the purchase), and then retaining the other current home as an investment property.

Subscribers only...

SDLT 3% – joint names

The additional 3% can apply if H and W decide to put their main residence – currently owned by one of them – into joint names, if one or other of them already owns another dwelling.
Subscribers only...

Page 6 of 45

Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...


IAG International
Join the IBA now!
MSI Global Alliance
In House Lawyer