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LeO – complaints good practice

July/August 2022 | Conduct, practice and risk management

We reported in our April 2022 edition (p32) on the release by LeO of its 2020/21 complaints data. The guidance on various issues should be compulsory reading for all CoLPs and heads of department. LeO has set out guidance on how service providers can make improvements and resolve complaints in several areas: responding to challenging …

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New sentencing reforms – PCSCA

July/August 2022 | Crime

A raft of new measures under the Police, Crime, Sentencing and Courts Act 2022 have come into force as of 28 June. These include: Sentencing and new offences whole-life orders are now the starting point for pre-meditated child murder; mandatory life sentences introduced for those who unlawfully kill emergency workers in the line of duty; …

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Help to build – loan

July/August 2022 | Conveyancing

As one ‘help to’ product starts to wind down, conveyancers must prepare for another – the Help to Build equity loan. Help to Build is a government equity loan, available to those in England who want to custom build, self-build or shell build a home. The Homes and Communities Agency (trading as Homes England), which …

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RICS guidance – Japanese knotweed

July/August 2022 | Conveyancing

Conveyancers should note that RICS has issued new guidance on Japanese knotweed, which is effective from 23 March 2022. Its primary objective is to assist RICS members who encounter Japanese knotweed while undertaking valuations or surveys of residential property in the UK. It is intended to help residential practitioners make a preliminary assessment and to …

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LPA – past capacity

July/August 2022 | Wills, probate and administration

It’s not often the court has to determine common issues which are not complex but on which there is a lack of judicial authority. The CoP recently had to decide whether the donor (D) of an LPA had capacity when he executed a property and financial affairs LPA in 2009, appointing his two brothers and …

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HMLR – leasehold reform legislation

July/August 2022 | Conveyancing

All property practitioners should have PG 27 (Leasehold reform legislation) to hand and should regularly check it. HMLR has added section 8 to take account of the Leasehold Reform (Ground Rent) Act 2022 which came into force on 30 June 2022 (except for leases of certain retirement properties, for which the Act applies from April …

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RPI changes – challenged

July/August 2022 | Commercial

The Retail Prices Index (RPI) is the oldest measure of consumer prices in the UK and is used widely across the economy and in financial contracts. The government’s view is that it has a number of shortcomings, meaning that it has at times greatly overestimated, and at other times underestimated, the rate of inflation. The …

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HMLR – restrictions

July/August 2022 | Conveyancing

HMLR has clarified section 3.1.5.3 of PG 19 (Notices and restrictions). It seems like a minor point to report, but if the wording for a certificate or consent is incorrect, or not properly signed, this can lead to the relevant registration being rejected. In an attempt to reduce the number of requisitions, HMLR has clarified …

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Help to Buy – deadline

July/August 2022 | Conveyancing

First-time buyers can obtain a Help to Buy equity loan towards the cost of buying a new-build home. To be eligible, the applicant(s) must be: 18 or over; a first-time buyer; and able to afford the fees and interest payments. An applicant does not qualify if they have ever: owned a home or residential land …

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Bounce back loan – fraud

July/August 2022 | Commercial

During the pandemic the government hastily introduced the Bounce Back Loan Scheme (BBLS), which was designed to enable businesses to access finance more quickly during the coronavirus outbreak. BBLS was available through a range of accredited lenders and partners, and provided financial support to businesses across the UK that: were losing revenue, and seeing their …

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