Virtual Conference: Residential Property Law and Conveyancing Update 2021: Recorded 29th September

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KEY SUBJECTS

• RESIDENTIAL SDLT
• TOPICAL RESIDENTIAL PROPERTY ISSUES AND CASE LAW
• ENFORCEABILITY OF POSITIVE COVENANTS IN FREEHOLD LAND  (INCLUDING ESTATE RENTCHARGES)
• SHARED OWNERSHIP – THE NEW MODEL LEASE
• RESIDENTIAL LEASEHOLD UPDATE

SPEAKERS

Paul Clark, Consultant, Cripps LLP

David Keighley, Solicitor, Legal Lecturer and Trainer

Richard Snape, Consultant, Davitt Jones Bould

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

RESIDENTIAL SDLT

SDLT has become complicated – even for the purchase of a single house or flat. The purchase of two or more dwellings just adds to the complexity. We need some form of checklist, and that will be introduced in this session, together with some worked examples to show how it can be used. In the process we will touch on the following topics:

• How many land transactions?
• What is the consideration?
• Is the transaction exempt, or is a relief available?
• Is the subject-matter residential or mixed-use?
• HRAD – the higher rates for additional dwellings
• Non-resident surcharge
• First-time buyer relief
• Multiple dwellings relief

Paul Clark, Consultant, Cripps LLP

TOPICAL RESIDENTIAL PROPERTY ISSUES AND CASE LAW

A review of current issues impacting on Residential Property transactions. This session will look at recent case law and practice issues, examining the implications for residential conveyancing practitioners. Reflecting the latest developments, this session will cover:

• Has the Supreme Court “killed” conveyancing undertakings?
• Land Registry Practice
• Adverse Possession: intention to possess following Amirtharaja v White 2021
• Restrictive Covenant: death of the original beneficiaries – obsolescence of covenant
• Miscellaneous Practice Points

David Keighley, Solicitor, Legal Lecturer and Trainer

ENFORCEABILITY OF POSITIVE COVENANTS IN FREEHOLD LAND  (INCLUDING ESTATE RENTCHARGES)

The fact that positive as opposed to restrictive covenants are not recognised as property rights and therefore do not automatically bind third party purchasers presents one of the greatest problems in property law.  The case looks at some of the issues and possible solutions.

Topics covered will include:

• Why positive covenants are of increasing importance
• Problem with flying freeholds
• Direct covenants
• Estate rentcharges
• Problems with estate rentcharges
• Other methods of enforcement

Richard Snape, Consultant, Davitt Jones Bould

SHARED OWNERSHIP – THE NEW MODEL LEASE

Following a Consultation process in 2020 a revised Model Lease has been introduced for use in the grant of all new Shared Ownership Leases. The changes introduced are significant. This session will consider the new provisions relating to:

• Lease term
• Initial share
• Staircasing
• Repairs and Maintenance
• Resale process
• Extension of existing leases

David Keighley, Solicitor, Legal Lecturer and Trainer

RESIDENTIAL LEASEHOLD UPDATE

The world of residential leases is undergoing major changes, in particular the EWS1 certificates continue to cause major problems and the Leasehold Reform Bill 2021 is due to become law later this year. This talk will look at pertinent topics including:

• Changes to building regulations post-Grenfell
• EWS1 certificates
• The Fire Safety Act 2021
• The Building Safety Bill 2021
• The Leasehold Reform (Ground Rent) Bill 2021
• Other proposed changes

Richard Snape, Consultant, Davitt Jones Bould

5.00 pm CLOSE OF PROCEEDINGS