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NEWS
This week's edition of Property weekly highlights includes: the key property and planning developments to look out for in 2025 and cases on the Electronic Communications Code, the leaseholder protection provisions in Building Safety Act 2022, the appointment of a manager under Landlord and Tenant Act 1987, stamp duty land tax and mixed use development and capital allowances (business premises renovation code).
NEWS
This week's edition of Property weekly highlights includes: guidance on the information that must be included with contractual control agreement submissions, a consultation on the proposed cap on existing residential ground rents and ‘quid pro quo’ leases, updated tenant fees guidance and right to rent codes of practice and cases on fitness for human habitation, the Electronic Communications Code and SDLT multiple dwellings relief.
NEWS
This week's edition of Property weekly highlights includes: a Supreme Court decision on Japanese knotweed, a Court of Appeal decision on town or village greens and a High Court case on granting a lease in breach of duty.
NEWS
This week's edition of Property weekly highlights includes: consultations on the home buying and selling process and the RICS Home Survey Standard, the latest HM Land Registry updates and cases on proprietary estoppel, leasehold enfranchisement valuation principles, remediation orders. electricity wayleaves and stamp duty land tax.
PRACTICE NOTES
Property transactions involving both individuals and companies are at high risk of being targeted by fraudsters, and property lawyers need to be alert to the signs of a potential fraud. This Practice Note looks at the fraud prevention guidance and services produced by the Law Society and HM Land Registry together with the potential for claims against practitioners for breach of retainer and breach of trust in the context of a fraudulent transaction. Individual firms should have their own policies and procedures in place aimed at reducing the risk of fraud and at meeting all necessary regulatory requirements and these should be followed at all times. Law Society’s practice note on property and registration fraud The Law Society and HM Land Registry have produced a joint practice note on property and registration fraud. The practice note represents the Law Society’s view of good practice; solicitors are not required to follow the advice but the Law Society confirms that doing so will make it easier to account to oversight bodies for their actions. The
PRACTICE NOTES
This Practice Note looks at the role of enquiries in the due diligence process and what to do when faced with preliminary enquiries in commercial property transactions. What are enquiries before contract? Enquiries before contract (also called pre-contract enquiries, preliminary enquiries or standard enquiries) play a part in various scenarios; eg they are raised by a buyer on the acquisition of freehold or leasehold land, by a tenant before the grant of a new lease, by a mortgagee before taking a charge over land or by a landlord before accepting a surrender of a lease. For simplicity throughout the remainder of this Practice Note, reference will be made to ‘seller’ and’ buyer’ although this can include landlord and tenant or mortgagor and mortgagee as appropriate. Enquiries before contract take the form of questions asked directly of the seller by the buyer (although almost invariably with their respective legal advisers acting as intermediaries). Although enquiries before contract are often treated as a stand-alone part of the due diligence process, there is a degree of overlap with a buyer’s title investigation,
PRACTICE NOTES
This Practice Note contains links to Q&As on some of the most frequently asked questions in property. The answers are not maintained and therefore reflect the law on the date on which they were published. For up to date guidance and further detail, follow the links within each answer. Building Safety Act 2022 For practical guidance on the Building Safety Act 2022, see: Building Safety Act 2022 property and property disputes collection. • In respect of the Building Safety Act 2022 (BSA 2022), leases granted before 14 February 2022 are qualifying leases (provided all other criteria are met) and so a leaseholder/landlord certificate is required. For relevant buildings built/converted after 1 October 2023, the new Building Regulations apply and so, a final BR certificate would be evidence of compliance with BSA 2022. What documents should a buyer expect to receive in relation to BSA 2022, where a developer purchased a building after 14 February 2022 and converted it to residential use before 1 October 2023? • How do the conditions relating to a ‘qualifying lease’ under section 119(2)(d) of
PRACTICE NOTES
This Practice Note is a horizon scanner tracking key future developments in the field of Property law in England and Wales. It provides details of key dates for your diary (including forecasted dates where the actual date is unknown) and relevant commentary in relation to: • Legislation: ◦ Bills in progress ◦ Acts not in force, partially in force or subject to staged introduction • Key case appeals: ◦ Supreme Court ◦ Court of Appeal • Consultations • Law Commission initiatives • Other key developments This horizon scanner does not cover past developments, such as legislation fully in force or final judgments. For details of past developments in the field of Property in England and Wales, see Practice Notes: • Property key future developments tracker—2026 archive • Property key future developments tracker—2025 archive • Property key future developments tracker—2024 archive • Property key future developments tracker—2023 archive • Property key future developments tracker—2022 archive • Property key future developments tracker—2021 archive • Property key future developments tracker—2020 archive • Property key future developments tracker—2019 archive • Property key future developments
PRACTICE NOTES
This is an introductory guide to non-contentious property law and practice. It is aimed at trainees and others who are new to the Property practice area. The guide focuses on the basic principles which apply to property law and practice. It includes numerous links to other Lexis+® UK materials which provide more comprehensive information on the topics covered. Those who are new to property law are likely also to find the Overviews in each of the topics in Property useful. Where something is not covered by this basic guide, return to the Property homepage to browse further content, or use LexisAsk to ask the team a question. For those involved in property disputes work, see also Property Disputes—new starter guide. Topics covered • What do property lawyers do? • Land ownership • Land registration and HM Land Registry • Transferring land—residential and commercial conveyancing • Mortgages and legal charges • Leases, licences and the nature of occupation • Commercial leases • Commercial leases and the Landlord and Tenant Act 1954 • Residential leases • Agricultural leases • Documents supplemental to leases • Planning and environment
PRACTICE NOTES
The following Property resources, providing useful practical commentary, legislation, rules and guidance for Property lawyers, whether in private practice or in-house, are available in Lexis+® UK. They are referenced and linked to in the Property content in Lexis+® UK. Please note, however, the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). General Title Summary Who should use this resource? Halsbury's Laws of England volumes relevant for Property lawyers:• Halsbury's Laws of England, Bankruptcy and Individual Insolvency (Volume 5 (2020))• Halsbury's Laws of England, Boundaries (Volume 4 (2026))• Halsbury's Laws of England, Contract (Volume 22 (2025))• Halsbury's Laws of England, Conveyancing (Volume 23 (2023))• Halsbury's Laws of England, Damages (Volume 29 (2024))• Halsbury's Laws of England, Estoppel (Volume 29 (2021))• Halsbury's Laws of England, Housing (Volume 56 (2022))• Halsbury's Laws of England, Landlord and Tenant (Volume 62–64 (2022))• Halsbury's Laws of England, Limitation periods (Volume 68 (2021))• Halsbury's Laws of England, Mortgage (Volume 77 (2021))• Halsbury's Laws of England, Negligence (Volume 78 (2025))• Halsbury's Laws of England, Real Property and Registration (Volume 87 (2022))• Halsbury's Laws of England, Settlements (Volume
PRACTICE NOTES
The original version of this note was written by the late Professor Alexander Türk Definition of proportionality The principle of proportionality requires that EU and member state action shall not to go beyond what is necessary to achieve the desired objectives. The Court of Justice of the European Union has established proportionality as a general principle of EU law. The test employed by the court in assessing the proportionality of a measure originates from continental law, in particular the German legal tradition. Use of the principle of proportionality against EU member states The principle of proportionality can be invoked against member states that adopt acts within the scope of EU law, in particular when restricting the free movement rights granted by EU law. For background reading, see Practice Note: The four freedoms—goods, services, establishment and capital. Even if a restrictive measure has a legitimate aim, a member state is under the obligation to demonstrate that its action is proportionate to achieve the objective pursued. In that context, proportionality is an instrument of market integration,
GLOSSARY
The principle imported from jurisprudence on the European Convention on Human Rights, essentially that: interference with individual Convention rights must be proportionate to the legitimate public aim pursued and that the reasons advanced for the proportionality of the restriction must be 'relevant and sufficient'.