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Knotweed – RICS guidance

July/August 2021 | Conveyancing

Conveyancers may be interested to note that the RICS has opened a consultation on advice for the assessment of Japanese knotweed in UK properties. The aim is to help affected homeowners and lenders get the expert assurance needed to proceed with sales. The RICS quotes an estimated 1.45m homes affected by Japanese knotweed so the …

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POCA – confiscation orders

July/August 2021 | Crime

The CA has given important guidance on factors that must be taken into consideration in an application under s22 POCA, particularly in cases where assistance has been offered to the prosecuting authorities. A failed in his appeal against the variation of a confiscation order from £8,550 to £108,642.81. He was convicted in 2006 of three …

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HMLR – estimated completion date

July/August 2021 | Conveyancing

HMLR has added a small but significant enhancement to the View My Applications function, which is available to all portal users. They have added the ‘estimated completion date’ so for the first time, conveyancers can see a single calendar date by which they can reasonably expect their applications to be completed. This should remove the …

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HMLR – Form CNG

July/August 2021 | Conveyancing

HMLR has updated the guidance on section 3 of its Form CNG (change of gender). The form is to update the name of the registered owner in the register following a change of gender and can only be used if one of the following original documents can be lodged with the form: gender recognition certificate; …

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High net worth – STEP guide

July/August 2021 | Wills, probate and administration

Private client practitioners will be interested to know about the publication of a new practitioner guide on the responsible stewardship of wealth. It has been launched by STEP and has an emphasis on holistic planning. The guide, Family Dialogues on the responsible stewardship of wealth, aims to ‘engender a discussion on responsible stewardship and what …

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HMLR – statements of truth

July/August 2021 | Conveyancing

Allied to the above issue is HMLR’s update of PG 73 (statements of truth). HMLR has updated s3 to set out the steps to be followed when a statement of truth is signed using Mercury signatures or an electronic signing platform. Mercury signing The steps to be followed for Mercury signing a statement are the …

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CMA – some movement on ground rents

July/August 2021 | Conveyancing

Conveyancers will no doubt have noted the CMA’s report that following its investigation into the ‘ground rent scandal’, two companies are voluntarily taking action. The CMA reports that: ‘Aviva has committed to remove certain terms from its leasehold contracts which cause ground rents to double, and Persimmon will now offer leasehold house owners the opportunity …

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HMLR – signatures update

July/August 2021 | Conveyancing

We reported in our September 2020 edition (p5) on the news last summer that HMLR would accept witnessed electronic signatures for deeds. There are now four basic types of signatures that HMLR will accept: Wet ink signature – a traditional signature on a document using a pen. Mercury signature – essentially a scanned wet ink …

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HMLR – PG 67 update

July/August 2021 | Conveyancing

PG 67 (evidence of identity; conveyancers) is an important practice guide given the challenges faced by conveyancers in the last 12 months. It relates to obtaining original identification documents and confirmation of parties to conveyancing transactions. The guide explains when evidence of identity is required and how it should be given. The guide has had …

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AML – SRA enforcement

July/August 2021 | Conduct, practice and risk management

We reported in our February 2021 edition (p3) on the long-awaited LSAG guidance on the 2017 Money Laundering Regulations. Practitioners should note that the SRA has recently published details of fines that it has issued against firms for failure to comply with AML responsibilities. Firms which fall within the ambit of the 2017 Regulations must …

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