PropertyLaw.guru Blog

SDLT & mixed use. HMRC goes back on itself 😱

Read the illustrious SDLT expert barrister Patrick Cannon’s article on the meaning of ‘residential property’ for mixed use (click through the post to get to the published article). SDLT is way more complex than solicitors who blithely call it ‘stamp duty’ will admit to, but they are taking all the risk if they don’t refer clients to experts for advice. I have been ranting on about this
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EG Estates Gazette 13 October 2018 Articles

Bumper crop of great articles this week!P.73 Review of the new RICS Service Charges in Commercial Property Code. It sets down nine mandatory requirements on service charge adminstration for the first time, bringing it  more in line with the resi sector, giving occupiers greater clarity and certainty over service charges, and provides guidance to solicitors their clients and managers in the negotiation,
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Consultation proposals on ground rents

Here are the proposals on reducing new ground rents to £10 - a good start ! (unless you are an investor 😱) Leasehold_consultation.pdfConsultation closes 26 November.Main proposals:Ground rents capped at £10, not a peppercorn or £1Can only be sued for in the year they are due, not afterThis seems to also apply to *voluntary* lease extensions too, whereas statutory extensions will be
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EG Estates Gazette 6th October - legal articles update

P.115 Proptech and privacy. Scary article showing how a landlord or employers building tech could be used to build up data about you, big-brother style, and even be sold to others/used for employment law issues or even sold for marketing purposes! Remember - if you don’t pay for a product (such as that app on your phone), YOU and the data you produce using it are the product that is being sold..P.117
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EG Estates Gazette 29th September update..

p.97 Excellent and thorough summary of the Law Commission’s proposals to reform the law of Enfranchisement and Lease extension. All of the procedural suggestions are well thought through but the intractable one is how you make it cheaper for tenants to extend their lease or buy the freehold without giving the freeholder less money than before. The burning question is whether, with Brexit and many
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Title insurance - sometimes not such a solution after all in the real world....

Now don't get me wrong, title insurance has a place sometimes, but its not a cure-all...One of the delegates on my courses told me a tale that needs to be told to all those who dismissively say to you 'Oh, can't you just get some insurance, stop holding it up, I just want the keys'!Picture the all too familiar scene, developer wants to buy site to put houses on - only problem  -
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EG (Estates Gazette) 22nd Sept - update..

p. 65 Restrictive Covenants - great summary of the current apparent willingness of the courts (UT) to vary or release even recent restrictive covenants in a steady stream of cases where they have been held to be redundant as the area has changed, or relaxation was reasonable. Is this a public policy decision to release more land for housing?p.67 AST blues. Don't get caught on a technicality. The problems
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Lets start a Revolution in Client Reporting!

I have had so many non-lawyer commercial surveyors and retail clients on my courses complaining how impenetrable and unhelpful their lawyers reports were, that I thought I would start a revolution and suggest a more clear, structured and more client friendly version. I get property professionals coming on my courses as they don't seem to get explanations of anything from their own solicitors in a format
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Lease extension nightmares? A tool to analyse doubling ground rents!

I have put a useful excel spreadsheet on www.propertylaw.guru under Resources>Other bits and bobs! It compares the doubling with the increase that would happen if tracked to RPI assuming a 3% increase p.a.. It shows that its not so much the doubling, its when it starts, and how often it doubles! So a 25 year doubling isn't too bad, a 20 year is about twice the effect of RPI. its the 10 and 15 year
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EG (Estates Gazette) 8 Sept - Leasehold, Electronic signatures and un-socialing your tenants

Leasehold reform. Great article on the Law Commission's proposed overhaul of leasehold. How are you going to make it cheaper for leaseholders to extend their leases but at the same time make sure landlord's don't lose financially. Impossible. Someone has to lose. Simplification of the regime is long overdue, but it will only be a few weeks till we see their plansElectronic signatures. Outlines the
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