Practical Conveyancing RSS feed http://www.practicalconveyancing.co.uk Thu, 12 Nov 2009 15:53:01 +0100 FeedCreator 1.7.2 http://feedproxy.google.com/~r/PracticalConveyancing/~3/H7TYWH6xnX0/index.php Recent cases of identity fraud have highlighted the need for landowners to update their contact addresses at the LR. The LR will use the contact address in the proprietorship register if it needs to contact the landowner. It will not check whether the owner has moved (or if a company has changed its registered address). http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11376&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/DFuszxIDdKc/index.php The property slump has seen many new build developments grind to a halt. This has led to arguments as to whether buyers who had exchanged contracts are then locked into open-ended contracts, and are unable to force the seller to complete the project. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11375&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/0G1miNL9Ryc/index.php A CA decision reported earlier this year has resulted in many contracted-out tenancies not, in fact, being contracted out. The key point is that LTA 1954 gives security of tenure to a business T (ie a right to a lease renewal on expiry of the original lease). However, that statutory right of renewal can be excluded by consent of the parties; in the old days it used to be via a court order, but these days it will usually be done by a declaration from T. In that situation, T will not have the right to renew the lease. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11374&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/4dVtzJ1vF-Y/index.php ’You must ensure that your firm pays to your client commission received over £20 unless the client, having been told the amount, or if the precise amount is not known, an approximate amount or how the amount is to be calculated, has agreed that your firm may keep it.’ (r2.06 Code of Conduct).‘You must act in the best interests of each client.’ (r1.04 Code of Conduct).‘The firm [must] account to the client for any pecuniary reward or other advantage which the firm receives from a third party.’ (r4(d) Financial Services (Scope) Rules). http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11373&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/y2SiERqDA-Y/index.php The Commonhold and Leasehold Reform Act 2002 has inserted new service charge consultation procedures into LTA 1985.Consultation is required in respect of ‘qualifying works’ (ie ‘works on a building or any other premises’), or ‘a qualifying long-term agreement’ (ie an agreement that will last more than 12 months). If the works will require a contribution from any one T which exceeds the relevant threshold (£250 for qualifying works; £100 for qualifying long-term agreements) then the consultation provisions apply. There are three separate procedures: http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11372&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/mMJ03tcCLGQ/index.php A fundamental part of any adverse possession claim is the process of applying to the LR for a registered title. But, it is important to remember that the rules were fundamentally changed on 13 October 2003. As a result, there are now two different regimes: http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11371&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/UQa_5O7OS5w/index.php How should the courts interpret a contract with ambiguous wording?The answer is that the courts will prefer an interpretation that makes ‘commercial sense’. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11370&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/20C92Wfs2cw/index.php EPA 1990 gives LAs power to deal with statutory nuisances. Under s79(1)(g), noise from premises can be a statutory nuisance if it is either prejudicial to health, or a nuisance. If that is the case, then s80 requires the LA to serve an abatement notice. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11369&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/yNyLiKKNP6w/index.php Section 6 Law of Distress Amendment Act 1908 enables L to serve a notice on a sub-T, when T is in arrears. The effect of serving the notice on the sub-T is to assign T’s right to receive the rents from sub-T over to L. Thus, once a notice is served on the sub-T, the sub-T then becomes the immediate T of L (and sums payable under the notice are deemed to be the rent). http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11368&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/OnaFzcM0U6s/index.php The CA has re-emphasised existing principles to establish the existence of a constructive trust and deal with disputes concerning beneficial ownership of property. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11367&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/smfVbT8sBi4/index.php Over the past few months there has been much publicity about the Carbon Reduction Commitment (CRC). A large number of companies have now pushed the CRC further up their agenda and are starting to think in more detail about what they need to do. One area that has not been looked at in much depth until recently is the impact of the CRC on the traditional landlord and tenant relationship.In this article we will look briefly at the basic structure of the CRC and then focus on several issues that arise for landlords and tenants who are affected by the scheme. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11377&Itemid=909 http://feedproxy.google.com/~r/PracticalConveyancing/~3/Wh3Q88Y0s5o/index.php The Code for Leasing Business Premises was introduced in 2007. It replaced two earlier versions which had largely been ignored by the property industry. All the evidence is that the 2007 Code is being far more widely implemented than its predecessors. However, the commercial property market is now radically different from 2007 and it could be argued that current market conditions have done far more to improve the negotiating position of Ts than any voluntary Code. Be that as it may, the Code remains an extremely useful starting point for negotiations – especially for Ts. The key points include: http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11365&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/ak0m4F6IvYY/index.php A 1992 EC Directive requires there to be a system of strict protection of European Protected Species (EPS), such as bats, newts and doormice. That Directive is implemented in the UK by the Habitats Regs 1994. Needless to say, local planning authorities must have regard to those regs when exercising their planning functions. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11364&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/ZjZ8L-9pdFE/index.php Do you know what a PEP is? The answer is that it is an abbreviation for Politically Exposed Persons. The concern is that there are a number of corrupt politicians and PEPs around the world (eg stripping national assets, or bribery) who might seek to use the UK to set up companies and trusts to help channel funds out of their country, and to buy properties and other investments in the UK. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11363&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/F66pxD1IIic/index.php When buying a property in a development, the buyer’s solicitors will expect an undertaking from the developer’s solicitors to supply a DS3, under which the chargees release their charges in respect of the particular plot. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11362&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/wvP-9sL4MII/index.php Normally the supply of residential house building, and the supply of building materials, will be zero-rated. But, there is an exception allowing the recovery of the VAT for a person who lawfully builds residential housing, provided they do not carry out those works in the course of business. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11361&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/lnd7ZI8i9mY/index.php If a mortgagee wants to obtain possession of an occupied residential property, then a possession order must be obtained from the court. Furthermore, s36 AJA 1970 gives the court a wide discretion, provided the borrower is likely to be able to remedy the mortgage default within a reasonable period. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11360&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/U5QpBieSBK8/index.php Here is another example of the strict way in which the courts will apply a break clause (and why it is essential to fully comply with the requirements). In this case, T served his break notice, but L argued that it had not been received in time. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11359&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/PXX9p2CqJ40/index.php It is fair to say that the commonhold system has been a damp squib; very few registrations have taken place. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11358&Itemid=0 http://feedproxy.google.com/~r/PracticalConveyancing/~3/1CCK5mzn8ZQ/index.php Under LRA 1967, the right to enfranchise (or to have a lease extension) was originally limited to leases where T was paying a ‘low rent’. http://www.practicalconveyancing.co.uk/index.php?option=com_content&task=view&id=11357&Itemid=0