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HMLR – requisition cancellations

February 2021 | Conveyancing

We reported in our May 2020 edition (p6) that HMLR had extended all current cancellation dates for requisitions until further notice. We reported in our November 2020 edition (p7) that they would resume the cancelling of applications with outstanding requests for information (requisitions) from 16 November 2020. HMLR said that letters will be sent to …

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SDLT – manage expectations

February 2021 | Conveyancing

Given the unprecedented work levels for many conveyancers at the moment, most do not need reminding of the reduction in the residential rates of SDLT announced in summer by the Chancellor as a response to the Covid-19 situation. Reduced rates apply on the purchase of residential properties between 8 July 2020 and 31 March 2021 …

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HMLR – updating a restriction

February 2021 | Conveyancing

PG 19: notices and restrictions has been updated to confirm HMLR’s existing practice regarding applications to update a restriction. Sometimes it is necessary to alter the wording of a restriction to allow it to continue to work as intended when circumstances have changed. A common example is when the address of the person with the …

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HMLR – determination of leases

February 2021 | Conveyancing

The Coronavirus Act 2020 (CVA 2020) suspends Ls’ powers of re-entry and forfeiture for non-payment of rent. Sub-sections 81 and 82 CVA 2020 relate to court orders for possession of residential and commercial premises due to non-payment of rent. Therefore, applications where the evidence shows that a right of re-entry or forfeiture for non-payment of …

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Disputes – control of deceased’s body

February 2021 | Wills, probate and administration

Practitioners involved in issues or family disputes relating to what is to happen to the deceased’s body will find useful a new publication from STEP. It deals with what is often a last-minute issue to be resolved, at a time of intense grief; and covers who has the legal right to possession of the body, …

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LPAs – HMLR evidence

February 2021 | Conveyancing

HMLR is updating its practice guides to include details of its ‘existing practice’ in relation to a number of areas. PG9: powers of attorney now includes a small but significant detail regarding production of LPAs to HMLR. Property and financial affairs LPAs can be used both before and after the donor loses capacity, according to …

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HMLR – PG 80

February 2021 | Conveyancing

Conveyancers should regularly check HMLR’s PG80: Covid-19: useful information for conveyancers. This PG provides information about changes to HMLR’s practice to facilitate conveyancing and registration following the Covid outbreak. HMLR relaxed a number of its procedures during 2020, including extending priority periods and cancellation dates for responses to HMLR requisitions, but both of these have …

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HMLR – service update

February 2021 | Conveyancing

HMLR’s phone service is open Monday to Friday (excluding bank holidays) from 8am-5pm. They are still not accepting face-to-face appointments. Most updates to the register (eg changing a name or removing a mortgage) are taking three weeks. Applications involving a requisition are taking considerably longer to process, with most completed after six weeks. Somewhat startlingly …

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HMLR – LL restrictions

February 2021 | Conveyancing

Conveyancers acting for sellers and buyers must be wary of Form LL restrictions. This is the anti-fraud restriction which is often placed on the proprietorship register of a title which is perceived to be at greater risk of fraud, such as a vacant property or one where the registered proprietor does not live there (eg …

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AML – new guidance

February 2021 | Conduct, practice and risk management

The long-awaited AML guidance for the legal sector has finally been released following the implementation of the EU’s 5th Money Laundering Directive. The guidance supports firms in complying with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended). The guidance is still pending approval by the Treasury. …

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