Following a user request, a new Deed of Variation of Rentcharge has been added to the Sale of Land guide. The new deed enables parties to relinquish any remedies for breaching an existing rentcharge deed. As lenders become more anxious about the possible effects of s 121 of the Law of Property Act 1925 and the potential for leases to be granted where rentcharges are outstanding, we believe that this deed will be a useful tool for conveyancers in mitigating these risks for their lender and lay clients.

Off-payroll legislative reform comes into force 6 April 2021 for medium to large businesses. For further details see the Contracts for employment section in our Employment Law – Non-contentious commentary.

As practitioners are no doubt aware, the government has recently promised to finally reform the way that leasehold works, and to address the issues with commonhold. This has prompted By Lawyers to include three new precedents in the Enfranchisement guide: Memorandum of Association – Commonhold limited company Articles of Association – Commonhold limited company Community statement – Commonhold limited company Wholesale reformation of the property ownership system is long overdue and it is hoped that amendments to the legislation will reassure lenders and developers, persuading them to leave the cosy confines of leasehold and finally embrace the brave new world of the commonhold system, 20 years after it was created. When the new rules are announced, we will, of course, review and amend our materials to ensure that users have access to the most up-to-date information. In the meantime, we will be keeping a close eye on the most positive news item of 2021 so far.

To assist practitioners working in Debt Recovery – Acting for the claimant, we have published a Debt statement which brings together details of the debt, interest and costs, as well as the payments that have been made towards it. This will be especially useful where payment plans have been agreed with debtors and is designed to work alongside the Invoice, Debt details and Payment tables within LEAP. 1. Insert the debt details in an Invoice table – add another invoice by right clicking on the existing one to record more than one debt amount if required. 2. Insert interest and costs details in the top half of the Debt details table. 3. Insert payment details into a Payments table each time a payment is received – add another payment by right clicking on the existing one. 4. Provided the above information has been entered into LEAP, the Debt statement will be complete. If the information is incorrect, amend the LEAP tables and use the update button in the LEAP ribbon tab to update the document. This document can be produced as many times as necessary to provide successive statements. An accompanying Letter to debtor enclosing debt statement has also been published. Adding these new precedents is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.

By Lawyers are delighted to announce the release of our new publication on Lease extensions. This useful new publication will enable practitioners to guide landlord and tenant clients through the statutory process of extending the term of a lease. The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Conveyancing process Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Deed of surrender and regrant of lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.

With every new costs management practice direction comes a new spreadsheet and the 122nd Practice Direction update was no different. According to the revised Practice Direction 3E, Precedent T should be used from the 1st October to advise the court and other parties about variations in the costs budget during claims. Oppressive behaviour is also mentioned in the new practice direction and parties who believe that they are being pressured into spending money unnecessarily can apply to the court for relief. The By Lawyers Debt Recovery publications have been updated accordingly and Precedent T is available in the matter plan. The opportunity was taken to enhance the commentaries with recent case law discussions regarding: Security for costs applications relating to the economic consequences of COVID19. Reasonable adjustments which allowed a vulnerable witness to provide evidence. Choice of expert to provide evidence. The costs consequences of withdrawing a Part 36 Offer. The admissibility of ‘without prejudice’ material in limited circumstances. We invite you to explore the updated Debt Recovery – Acting for Claimant and Debt Recovery – Acting for Defendant publications. Comments and feedback are always welcomed.

By Lawyers has added a new document called ‘Enclosure – General advice to buyers’ to the ‘Getting the matter underway’ folder of the Purchase of Land Guide. This enclosure gives clients a basic overview of the various issues that may arise during the purchase transaction and will be useful for practitioners in explaining some of the conveyancing terms and concepts.

The period of enforced suspended animation brought about by the pandemic is coming to an end and for the majority there is a sigh of relief and a strong desire to return to normality. However, having been enveloped in a state-controlled protective cocoon for months, the reality is that the Piper’s very large bill now needs be paid and the wake-up call is going to be harsh. Read more...

The Estates commentary has been enhanced to include discussion of recent case law pertaining to the forfeiture rule and a helpful section on locating a will.

The By Lawyers Divorce Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help legal advisors confidently run a divorce matter. New precedent separation agreements for both married, civil partnered, and unmarried couples have been included. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for practitioners.

By Lawyers have published an article with a summary of the options for signing documents when meetings are not possible. Practitioners may find this useful due to the government ‘lockdown’ measures during the COVID-19 pandemic. The article can be found here.

This article details the major changes affecting major investors coming into force from April 2020. New EPC regulations Changes to the tax reliefs available for income tax and capital gains tax Tenants’ deposits Electrical safety standards A new surcharge on stamp duty land tax for foreign buyers of residential property Written by Louise Thomas, a London-based solicitor with over 25 years experience in all aspects of property conveyancing, this article will assist practitioners in advising landlord clients.

With the threat and uncertainty surrounding the coronavirus many practitioners will be asked to prepare documents that assist clients to manage their affairs should the need arise. By Lawyers commentary and precedents for Wills, Powers of Attorney and Advance Decisions (Living Wills) are available online to assist practitioners in responding to these requests. Read more...

In line with advice from the Conveyancing Association, By Lawyers have amended our precedent post-completion notices to include a section relating to Land Registry certificates. These edits will allow practitioners to obtain the necessary consents more efficiently and cost-effectively. The notices can be found in the Purchase of Land Guide. In order to access the latest version of these precedents, don’t forget to click or tap update and replace the existing precedent when the document is opened.

The Property information form TA6 has been updated. The changes are in relation to Japanese knotweed, flood risk, radon and septic tanks.