“Marketing and advertising” remains leading cause of home moving complaints
The benefits of providing greater information up front have been laid bare in the latest The Property Ombudsman (TPO) Annual Report which has again highlighted “Communication and record keeping” and “Marketing and advertising” as the leading causes of home moving complaints. 2020 also saw a significant increase in enquiries with a record 39,285 reported, up […]
HMRC expected to resume pre-pandemic levels of SDLT investigations
The number of Stamp Duty Land Tax (SDLT) tax investigations by HMRC has fallen by 75% in the last year, from 2,096 in 2019/20 to 529 in 2020/21, the lowest figure in five years, a Freedom of Information request from law firm Boodle Hatfield reveals. The drop in investigations is thought to be due to […]
HMLR Practice Guide updates
HM Land Registry has released details of changes to several Practice Guides in this week’s update. Notices, restrictions and protection of third-party interests (PG19) This guide gives advice about how to apply for a notice or a restriction to protect a third-party interest in a registered estate or charge. It explains the effect of existing […]
Charges removed from properties of illegal money lender victims
The Financial Conduct Authority (FCA) has obtained a High Court Order to remove hundreds of HM Land Registry charges, notices and restrictions registered against consumers’ properties by illegal money lender Dharam Prakash Gopee. The Financial Conduct Authority (FCA) has successfully obtained a High Court Order to remove approximately 625 charges, notices or restrictions registered in […]
Legal Compliance Update – August 2021
Regulators really are busy at the moment! Solicitors Regulation Authority Another five firms have been fined for AML breaches, which follows on the heels of six that were recently fined £800 each with £600 costs; it is of note that two of these firms held the CQS accreditation and another two held the Lexcel accreditation; […]
Cladding crisis stalls again as lenders and RICS await guidance update
The Government’s plan to unlock at least some of the property market paralysed by the cladding crisis has faced yet another setback. New hope for leaseholders of properties in low rise buildings was offered last month when Housing Secretary Robert Jenrick announced that buildings under 18 metres in height would no longer need an EWS1 […]
SRA contacts 500 firms for price transparency compliance declaration
The Solicitors Regulation Authority has launched its latest crackdown on price transparency compliance. The regulator has this week contacted nearly 500 law firms to request completion of a questionnaire and signed declaration the firm is compliant with the SRA Transparency Rules. It has requested the completion of the declaration by 14th August. The SRA has also […]
Digital ID Trust Scheme on trial in 11 locations
Estate agents, licensed conveyancers, solicitors and mortgage intermediaries operating in Battersea, Chiswick, Clapham, Putney, Wimbledon, Richmond, Kew, Cheltenham, Gloucester, Harrogate and York are to be the first to benefit this year from trials of a new digital identity trust scheme to make home buying and selling a quicker and more secure digital process. These geographical […]
Undertakings, Advice and Information – Key Recent Developments in Residential Conveyancing
There have been two recent cases which generate issues going to the heart of the conveyancing process. The first issue relates to the giving of undertakings. The case of Harcus Sinclair LLP v Your Lawyers Ltd [23.07.21] raises the important practical point of from whom an undertaking can be received. The case throws into focus […]
Why does Planning matter?
Why does Planning matter? Change is inevitable. We don’t always like it, and some may oppose it. It’s not really being told about the change that should concern us but how we understand it within the bigger picture and whether that change will have an impact, be that good or bad. Ignoring the future to […]
CMA to get new powers of enforcement
Business Secretary Kwasi Kwarteng has announced a major shake-up of the Competition and Markets Authority’s powers. The CMA has been instrumental in the drive toward greater pricing transparency for consumers and more recently has intervened in the leasehold ground rents scandal that has resulted in Aviva and Persimmon Homes announcing they would remove certain terms […]
Right first time; new form for restrictions in the register
In-form-ed Consent: Use new form RXC to comply with restrictions in the register The story: You’ve been working for months on a deal that required the cooperation of the seller’s ex-husband, the management company or a risk-averse mortgagee. It’s been fraught with difficulty, you’ve finally completed it and submitted the disposition for registration, only to […]
Law firms in SRA firing line over AML failures
The fines levied by the SRA on 13 firms in recent weeks continue to demonstrate a fundamental lack of understanding around responsibilities when it comes to the money laundering regulations. The firms in question had failed to comply with their procedural responsibilities to provide their firm-wide AML risk assessment and delayed their AML declarations. In […]
A Guide To Understanding Easements
This guide will assist you in the communication and understanding of Easements between all involved parties, whether client, buyer, or seller. This guide will cover the following sub-topics: What is an Easement? Why are Easements important to the buyer? Where do you find Easements? Types of Easements and how they are created? Can an Easement […]
Single digital ID a step closer
The government have published plans designed to enable the production of a single digital identity for everyone, for the purposes of providing ID verification for activities such as buying alcohol through to purchasing a home. A consultation will seek input on three key questions the governance system to oversee digital identity and and make sure […]
Japanese knotweed – what is it and what are the risks to homeowners?
What is Japanese knotweed? Japanese knotweed is a rapidly spreading weed that is native to East Asia but arrived in Europe in the 19th century. Sometimes mistaken for bamboo, Japanese knotweed can grow up to 3 metres deep and up to 7 metres across and above ground can reach heights of 2-3 metres. Knotweed will […]
Data retention is top privacy concern for businesses
Latest findings from the DPO Centre and the Data Protection World Forum (DPWF) UK Data Protection Index show that data retention is now the biggest privacy concern facing organisations in Q2 of this year. The index, which surveys an extensive panel of over 400 UK Data Protection Officers’ (DPOs) for their opinions on evolving industry […]
Flood Risk: Are we doing enough to protect ourselves and our assets?
Written for OneSearch by Mark Taylor, Channel Manager at Landmark Information and environmental auditor with the Institute of Environmental Management and Assessment. Flood Risk: Are we doing enough to protect ourselves and our assets? A flood is the most effective and indiscriminate ‘burglar’ there is. It will take everything you have, including items of […]
Conveyancing Association seeks Government legislation to deliver leasehold reform
The Conveyancing Association (CA), the leading trade body for the conveyancing industry, has today (12th July 2021) urged the Government to move ‘further and faster’ in terms of delivering the leasehold reform it has previously promised. The Association has outlined a number of measures that the Government has yet to action into legislation despite previous […]
Holy risk profile, Batman!
Has there ever been a time more fraught with difficulty for your friendly neighbourhood lawyer? KAPOW! Connectivity and technology issues. As the pandemic struck, firms had to adapt speedily to have people working remotely from each other, and from their clients. Many were not prepared to do anything other than […]