An issue of perennial relevance to firms which carry out property work is the risk of fraud. A useful article examines the recent case law in the area and reminds firms of the steps that they should take to mitigate the risk of fraud. This cannot be repeated too often, such is the level of …
Continue reading “Property fraud – reminder and review”
Where an offence is capable of being a continuing offence, the court will look at how the prosecution presented it, and how the defence and the court treated it to determine whether a particular offence was committed over a period of at least six months. In this case, D appealed a confiscation order of more …
Continue reading “Confiscation proceedings – continuing offences”
Conveyancers are reminded of the importance of the Official Search of the Index Map (SIM). HMLR keeps a computerised map based on the Ordnance Survey map. This computerised map provides an index of the land in every registered title and pending application for first registration. Any person may apply using form SIM for an official …
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We have reported on the Leasehold Reform (Ground Rent) Act 2022 in our April 2022 (p5) and May 2022 (p11) editions. A useful article summarises when the Act will apply and issues that conveyancers should be looking out for. This is an area fraught with risk and conveyancing firms should review their leasehold reports and …
Continue reading “Ground rents – 2022 Act”
Practitioners need to know that new, more flexible sentencing guidelines will come into force on 1 July 2022, covering both domestic and commercial burglary offences, and aggravated burglary. There will be a stepped approach to sentencing in line with more recent sentencing guidelines. They also introduce middle categories in respect of harm and culpability to …
Continue reading “Sentencing – burglary”
HMLR has made a seemingly small but significant change to the Portal. The ‘view my applications’ service was introduced in August 2020 which allows Portal users to manage all applications, correspondence, notices, requisitions and letters in one central place. However, a continuing risk for conveyancing firms is the fact that if the particular Portal user …
Continue reading “HMLR – view colleagues’ applications on the Portal”
This particular article could easily be posted within conveyancing, landlord and tenant, or professional. It concerns a decision by the Financial Ombudsman Service regarding a complaint by homeowners against the National House Building Council (NHBC). Conveyancing practitioners will be all too aware of the impact of cladding and fire safety risks on affected properties. Unsafe …
Continue reading “Fire safety measures – NHBC”
HMLR is on a drive to decrease the number of requisitions raised in relation to registrations submitted by law firms. The digital application process is part of this drive, as is putting out much more practical information to assist firms. An unanswered requisition could lead to the cancellation of a registration application, so firms should …
Continue reading “HMLR – application types”
Where a landlord and leaseholder intend to enter into a regulated lease over the coming months (on or after 30 June 2022), they should ensure that the rent provisions in the lease are updated so that any ground rent demanded will be no more than one peppercorn per year. If a higher rent has been …
Continue reading “Ground rents – steps for Ls and Ts”
The Corporate Insolvency and Governance Act 2020 introduced various temporary measures to help protect companies affected by the lockdown restrictions during the pandemic. Most of these measures expired at the end of June and September 2021, except for restrictions on winding up companies, which were extended until 31 March 2022. This remaining insolvency restriction was …
Continue reading “Covid insolvency measures – ended”