Help to buy – leasehold houses

May 2019 | Conveyancing

The government-backed help to buy equity loan is a scheme to help buyers purchase new-build properties. Buyers must provide a 5% deposit and provide security for the loan with a second legal charge over the property purchased. The criteria for eligibility will change in 2021 and the scheme will end in 2023. The government intends …

Long lease – forfeiture

May 2019 | Conveyancing

The CA recently considered an application relating to forfeiture of a long residential lease. The situation leading to forfeiture developed over a number of years. T was a long lessee of a studio flat which she did not live in and which was not occupied. Due to an oversight, T stopped paying insurance and rent …

TPMAs – a reminder

May 2019 | Conveyancing

A TPMA is an alternative to the use of a client account. Solicitors firms have been able to hold money in TPMAs since 2017 (under SRA guidance) but not many have taken up the chance. This might change if Council for Licensed Conveyancers (CLC) regulated firms adopt the procedure widely. The SRA issued ethics guidance …

Loft conversions – an outline

May 2019 | Conveyancing

Conveyancers are often faced with a property where a loft conversion has been added. The Planning Portal contains useful introductory guidance in this regard. It is not intended to be definitive legal advice but is a useful place to start. Conveyancers could adapt the list below to assist with pre-contract enquires. Loft conversion (roof extension) …

Conveyancing – conflicts

May 2019 | Conduct

Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider some of the less obvious conflicts which might arise in a conveyancing matter. The current 2011 Code of Conduct states that a solicitor must not act ‘if there is a conflict, or a significant risk of a conflict, …

Submitting OS2 – via Portal

May 2019 | Conveyancing

HMLR has updated its instructions on how business e-services customers can apply for an OS2 via the Portal. The instructions contain step by step guidance and remind users to identify which part of the title is covered by: attaching a plan; or identifying a plot that is contained on an estate plan that has been …

Inheritance claim – adult child

May 2019 | Wills, probate and administration

An adult child (T) has lost her claim under the I(PFD)A 1975 against her father’s £1.3m estate in a ruling bucking the recent trend for successful claims by adult children. The author of this useful article explains the background and analyses the court’s approach to the claim. F left most of his estate to his …