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Latest Property News

HM Land Registry updates Practice Guide 8

HM Land Registry (HMLR) has updated Practice Guide 8—Execution of deeds. Section 12 has been updated to include a reminder that applications relying on a special arrangement for the execution of discharges in form DS1 of registered charges must explicitly refer to it to avoid delays.

HMLR to accept Qualified Electronic Signatures for land registration applications

HM Land Registry (HMLR) has announced that it will now accept documents signed using Qualified Electronic Signatures (QES) for land registration applications. This technology removes the requirement for third party witnesses during deed execution, replacing that step with a secure electronic signature system. HMLR states that QES tools utilise established, regulated technology to provide enhanced security and assurance in property transactions. Conveyancers and their clients are encouraged to adopt QES. HMLR intends to release further details on its work with QES applications in the coming months.

An end to unmeritorious tenancy deposit claims (Lowe v The Governors of Sutton’s Hospital in Charterhouse)

Property Disputes analysis: The Court of Appeal dismissed an appeal against the rejection of a high value claim under the tenancy deposit legislation. The appeal turned on whether a certificate containing prescribed information which (1) contained an error, and (2) was unsigned, was nonetheless sufficient to satisfy the statutory requirements within section 213 of the Housing Act 2004 (HA 2004), and the ancillary 2007 Order. The court concluded it was, by application of the Mannai principle and a purposive interpretation of the statutory requirements. This decision will be of great interest to all residential landlord and tenant practitioners. Written by Shomik Datta, barrister at Cornerstone Barristers.

Building safety; statutory construction; retrospectivity; exercise of discretion by FTT; meaning of ‘just and equitable’ (Triathlon Homes LLP v Stratford Village Development Partnership & Others)

Property Disputes analysis: The appeal in Triathlon Homes v Stratford Village Development Partnership & Others was heard together with Adriatic Land 5 Ltd v Leaseholders of Hippersley Point by the Court of Appeal in March 2025. Common to both appeals was the question of the retrospective operation of key provisions in the Building Safety Act 2022 (BSA 2022). In Triathlon, Lord Justices Newey, Nugee and Holgate unanimously dismissed the appeal by Stratford Village Development Partnership and Get Living Plc against five remediation contribution orders (RCOs) made by the FTT totalling c. £16m under BSA 2022, s 124. The court rejected the appellants’ wide ranging and detailed attack on the FTT’s application of the ‘just and equitable’ test contained in BSA 2022, s 124 and held that RCOs can be made in respect of sums incurred before the BSA came into force in June 2022. Written by Camilla Chorfi, barrister at Falcon Chambers, who acted for the intervening Secretary of State.

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