Blogs



Wed 05 Aug 2009

Cheap conveyancing can cost you more than you think !

Ambulance  chasing is not a phrase often attributed to conveyancing lawyers but it is moving that way with volume conveyancers advertising prices that are ridiculously low. Small wonder that over one third of all negligence claims against solicitors are in the field of conveyancing.

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Sun 02 Aug 2009

Leasehold Reform debated in the House of Commons

Leasehold reform came under debate in the House of Commons on 26 June. The government came under attack not just from Conservative and Liberal Democrat MPs, but also from their own backbenchers. The debate was initiated by Conservative Jacqui Lait, who introduced a private member’s bill to provide additional rights for leaseholders facing large demands for major works.

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Fri 24 Jul 2009

Conveyancing solicitors consulted over right to enfranchise companies

The Department for Communities and Local Government (DCLG) has published a consultation, The right to enfranchise (RTE) provisions.

The consultation sets out the DCLG's proposals for the non-implementation and repeal of the RTE provisions in the Commonhold and Leasehold Reform Act 2002 that require collective enfranchisement to take place through an RTE company.

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Sun 19 Jul 2009

Estate Agents Beware ! Commission payable on the sale of a property may not be payable if the sale proceeds in a different way.

The rule of thumb has always assumed to be that an agent is entitled to commission on a transaction provided the agent's services were the "effective cause" of the transaction. However, this principle has suffered a body blow in the case of Estafnous v London & Leeds Business Centres Limited (2009).

In this case the High Court considered the meaning of an estate agency agreement (agreement) which provided for a payment of £2 million commission to the agent when the buyer completed a purchase of "the property".

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Sun 19 Jul 2009

HIPs and New Build Homes - Updates to the sustainability information for New Build homes

The HIP regulations do a address concerns relating to the duty to update the sustainability information in the HIP for new build homes that are not physically complete at the first point of marketing, but which become physically complete while still on the market.

HIP Regulation 22A(1) 

This provides that, in New Build cases, the HIP must be updated to replace the interim sustainability certificate with a sustainability certificate if an assessment under the Code has taken place or a nil-rated certificate if not.

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Fri 17 Jul 2009

The Conservative Party put HIP Lobbyists back in their box.

As far as HIPs are concerned the  Conservative Party have clearly  nailed their colours to the mast as the Tories warn the HIP industry to back off over Home Information Packs ( HIPs ) .

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Wed 15 Jul 2009

Radon Gas - Your conveyancer can tell if your home is at risk

Radon is a radioactive gas which occurs naturally. It has no taste, smell or colour. Special devices are needed to measure it.

Radon comes out of the ground. Outdoors, it is diluted to very low levels. However, in some cases the radon level indoors can build up to high concentrations. In such cases, it does pose a serious risk to health.

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Wed 15 Jul 2009

Lease Extensions without going to war with your landlord

Although leaseholders, in certain circumstances, enjoy a statutory right to lease extension or enfranchisement,   thereby forcing their  will on the landlord, no flat-owner or flat-buyer should assume that seeking to exercise a statutory right will be easy. Before you know it you can find yourself feeling as though you are in a David Vs Goliath situation.

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Mon 13 Jul 2009

Congratulations in order for winners of Awards for Leasehold Enfranchisement and Lease Extensions

The Enfranchisement Awards 2009 were held at a Central London on 18th May 2009.   The Awards celebrated excellence in the UK leasehold enfranchisement and lease extensions.

The Awards were sponsored by Langley Taylor ( http://www.langleytaylor.co.uk/ ), Pemberton Greenish, Wallace LLP, Tanfield Chambers ( http://www.tanfieldchambers.co.uk/Home ), Marr Johnson & Stevens LLP and Bircham Dyson Bell  ( http://www.bdb-law.co.uk/ ) almos

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Mon 13 Jul 2009

Residential Developments and Estates - Always take into account your neighbours point of view

Are you intending to build an extension to your property ? If so, don’t be fooled into thinking that it is simply a matter of getting planning permission, building regulations  and finding a builder.


The Heron Island case

The Heron Island case now throws into the mix  the important considerations  of  what  covenants affect  property as such covenants could determine whether development of any kind can go ahead.

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