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.

An exciting and useful new guide to Leasehold property disputes has been published, with extensive commentary discussing commercial and residential properties from the point of view of both landlord and tenant clients. Matter plans which are tailored to acting for landlord or tenant claimants and defendants will assist practitioners to ensure that the right precedent is used at the right time. The commentary covers: Overviews of the court and tribunal systems, funding and alternative dispute resolution; Breaches of lease covenants by tenants; Breaches of lease covenants by landlords; Remediation and forfeiture; Commercial dilapidations and residential hazard reporting; Going to court under Parts 7 and 8 of the Civil Procedure Rules; Going to the First-tier tribunal. A number of precedents are included such as: Initial letters before action; Letters of response covering various situations; Notice before forfeiture under s 146 of the Law of Property Act 1925; Counter-notice claiming the benefit of the Leasehold Property (Repairs) Act 1938; Notice of landlord’s breaches of repairing covenants; Notice to former tenant regarding goods left and commercial premises; Example content for particulars of claim for a variety of circumstances; Quantified demand and schedule of dilapidations; Tenant’s response to dilapidations documents; Notice before tribunal application under s 22 of the Landlord and Tenant Act 1985; All the standard forms and letters for court and tribunal proceedings. We invite you to explore this new publication and to consider the wealth of assistance the Leasehold Property Disputes publication offers.

The Companies commentary has been updated to enhance our offering in respect of put and call options, directors’ duties and wrongful trading, and issues relating to insolvency of a company. We have also added guidance for those acting for a supplier including a retention of title precedent. We invite you to explore this updated publication and welcome Comments & Suggestions as always.

By Lawyers are delighted to announce the release of our new publication on Enfranchisement. This useful new publication will enable practitioners to guide freeholder and tenant clients through: Collective rights – Enfranchisement Tenants right of first refusal Collective rights – Right to manage Individual rights – Enfranchisement of a leasehold house The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Bona Vacantia, County Court and First-tier Tribunal applications Conveyancing processes 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 Tenants Participation Agreement Articles of Association for a Right to Manage Company Statutory Declarations of occupation Deed of Surrender 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.

The Wills commentary has been enhanced to include detailed discussion of the processes involved in the witnessing of a will using video-link. Precedents for client instructions, a practitioner’s checklist and an attendance note have been created, as well as example wording for a will attestation clause. We invite you to explore this updated publication. Comments and feedback are always welcomed

A sharp increase in the number of property raffles over the last few months has prompted the enhancement of the Sale of Land commentary with discussion of the pitfalls and problems surrounding this unusual method of sale. Covering areas such as gambling legislation and advertising standards, practitioners who are approached by clients interested in a seemingly swift sale can now read this practical advice. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Commercial Lease guide has been enhanced with the inclusion of two new precedent documents to assist practitioners: Authorised guarantee agreement and Licence to assign. These can be found in the folder D. If Required – Sublease, assignment, variation and surrender.

As commentators are suggesting that wills signed during the coronavirus pandemic may be more open to challenges, a new Will Execution Attendance Note precedent has been added to the Wills matter plan to assist with Larke v Nugus requests. The attendance note when coupled with the retainer instructions prompts practitioners to consider and briefly note the situation surrounding the taking of instructions and the execution of the will. These documents, readily completed at the time, will assist practitioners should a request for information ever arise in the future. The opportunity has also been taken to add a precedent To Do List – Wills to the guide in order to assist practitioners with file management.

The By Lawyers Private Child Arrangements guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review took a practical approach to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a private children matter. The commentary covering witnesses has been expanded. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and practitioners.

In response to subscriber feedback By Lawyers has enhanced content relating to staff training and continuing competence requirements. Additional guidance on the topic has been added to the Practice Management commentary and a new precedent ‘Training and development schedule’ provided. This precedent will help subscribers plan, review and record continuing competence activities as required by The Law Society and SRA.

From the 10th January 2020, the 5th Money Laundering Directive (5MLD) will come into force. In support of these new compliance requirements, By Lawyers has made several precedent amendments. In particular the Client Details and Verifying Identity precedent now recommends an electronic identification verification process but continues to support a manual process should that be necessary. Practitioners can elect whether the client has passed the verification successfully or whether the client details have been passed on to the AML Officer for enhanced due diligence. For manual verification practitioners are able to record an acknowledgment that identity documents were produced personally, and the photographic ID was a good likeness of the person producing them. Other changes include: The precedent now captures sex and nationality detail; and Politically exposed persons (PEP) are covered in greater depth with a number of suggested searches firms should be undertaking. The details about a PEP client can be recorded on the precedent along with the provision for a senior partner to authorise the firm to act. The retainer instructions have also been amended to include an acknowledgement that the instructions relate to a PEP and require a senior partner to authorise the firm to act.

The SRA changes coming in on the 25th November has seen the By Lawyers Practice Management manual updated. New information and precedents have been included as well as existing policies updated. Please note the many client care and terms of business precedents have also been updated.

The Financial Remedy commentary has been updated to include a straightforward appreciation of the different types of pension funds. The aim of this new section of commentary is to better assist practitioners in dealing with pensions in financial settlement matters including more detail on pension sharing orders, attachment orders and offsetting.

The commentary has been amended to clarify the process of extension of leasehold estates under the Leasehold Reform, Housing and Urban Development Act 1993 and the consequential statutory reduction of rent to a peppercorn rental which is not open to the landlord to dispute.

Both the Wills and Probate publications have been augmented with a treatise on challenging the validity of a will. This includes an appreciation of The Non-Contentious Probate Rules 1987 which apply where there is no challenge or question as to the validity of a will. Read more...