Virtual Conference: Residential Property Law and Conveyancing Update 2021: Recorded 20th April

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KEY SUBJECTS

• LEASE EXTENSION – AVOIDING THE PITFALLS
• RESIDENTIAL SDLT LATEST POSITION
• TOPICAL PROPERTY ISSUES AND CASE LAW UPDATE
• BUYING FLATS AND HOUSES: RESOLVING A MEDLEY OF TRICKY ISSUES FOR BUYERS AND SELLERS
• FIRE SAFETY IN MULTI-STOREY, MULTI-OCCUPIED RESIDENTIAL BUILDINGS

SPEAKERS

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

Paul Clark, Solicitor and SDLT trainer, Consultant, Cripps LLP

David Keighley, Solicitor, Legal Lecturer and Trainer

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

LEASE EXTENSION – AVOIDING THE PITFALLS

The Leasehold Reform, Housing and Urban Development Act 1993 gives a flat tenant a valuable right to ‘extend’ its lease – but this valuable right can be fraught with problem areas for both tenant and landlord. This session will look at a number of the trickier problem areas and how to avoid them, including:

• Why not variation or informal lease extension?
• Avoiding ‘deemed withdrawal’ – understanding the timetable – and where to find it
• Two years ownership –what does that mean: buying a lease, joint tenants, shared ownership
• Landlord at law; tenant at law – why it’s important to get this right and what happens if you don’t
• Changing lease terms: How? When? What?
• Costs: must you always pay, and how much?

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

RESIDENTIAL SDLT LATEST POSITION

The big news for conveyancers is the introduction on 1 April 2021 of a 2% surcharge on residential purchases where the buyer is not resident in the UK. It can affect UK citizens who work abroad for a couple of years, and private companies where a minority shareholder does not live in the UK. In this session Paul Clark will outline the new surcharge and also draw some lessons from recent practice and case law, including:

• The importance of a door to MDR
• Typical MDR enquiries
• Can one have two replacement homes and avoid surcharge?
• Is a buyer “safe” after 9 months?
• Losing a relief, like MDR or exemption from 15%

Paul Clark, Solicitor and SDLT trainer, Consultant, Cripps LLP

TOPICAL PROPERTY ISSUES AND CASE LAW UPDATE

The precise content of this session will vary depending on events in the next few months but is likely to include:

• Stage payments, breach of contract & Covid: implications of Lodha v GSQ1 Ltd
• Fraudulent Clients: Stoffel & Co v Grondona
• Land Registry update
• Permitted Development changes
• Enfranchisement: What constitutes a “house”?

David Keighley, Solicitor, Legal Lecturer and Trainer

BUYING FLATS AND HOUSES: RESOLVING A MEDLEY OF TRICKY ISSUES FOR BUYERS AND SELLERS

Whether your client is buying a freehold house or a leasehold flat, it’s imperative to be able to spot potential problems that may impact on your client’s intended use of the property. This session will look at some of these problems – and how to resolve or avoid them – and how recent case law may sometimes help, including:

• Leasehold flats – can your client sub-let, carry out alterations?
• Selling flats: ensuring landlord’s consent?
• Rights of way across the garden – can they be moved, and how much use can be made of them?
• Can your buyer build or extend? An overview of rights of light and restrictive covenants – and practical steps to take – following the Supreme Court in Alexander Devine

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

FIRE SAFETY IN MULTI-STOREY, MULTI-OCCUPIED RESIDENTIAL BUILDINGS

In the light of the Grenfell tragedy the Government has issued an Advice Note in advance of both anticipated Fire Safety legislation and changes to Building Regulations. This note and the lenders reaction to it are severely impacting on transactions involving flats. This session will look at:

• The contents of the Advice Note
• EWS1 Certification
• Lenders requirements
• Anticipated Fire Safety Legislation

David Keighley, Solicitor, Legal Lecturer and Trainer

5.00 pm CLOSE OF PROCEEDINGS