The Practical Lawyer

Dreamvar is a nightmare for conveyancing solicitors and their insurers.

This is an example of a ‘failure to complete’. It decides nothing new but merely illustrates what can happen.

If a seller replies to a pre-contract enquiry, that reply may constitute a ‘representation’.

One of the unintended consequences of escalating ground rents is that if a ground rent under a long lease becomes more than £1,000 pa (London), or more than £250 pa (outside London), it will be an assured tenancy under HA 1988.

If a new lease is to be registered at the LR, then T’s solicitor should include evidence that (i) L’s mortgagee (if any), and (ii) L’s superior L (if any) have consented to the grant of the lease.

The CA’s decision in Dreamvar was simply one of public policy.

Convincing the court to imply terms into a contract can be an uphill struggle. This is particularly so with commercial contracts as the Supreme Court has made it clear (M&S [2015]) that terms will not be implied lightly.