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Commonhold reform: what does the government’s white paper say?
Posted: 06/03/2025
The Labour Party made abolishing the leasehold system a key manifesto pledge; now, in its newly published white paper on commonhold, The proposed new commonhold model for homeownership in England and Wales, the government has revealed its intention to ensure that commonhold becomes the default tenure, starting with new build flats......>>
How to handle tax on residential lease extensions
Posted: 18/10/2024
The tax costs to a landlord of agreeing an extension of a residential lease with their tenant can be unexpectedly large if this is implemented as a surrender and regrant transaction. However, a more cost-effective route may be available. Granting a lease of the reversionary interest in the property using what is termed a ‘concurrent’ lease......>>
Navigating the complexities of boundary maintenance when buying a new home
Posted: 10/07/2024
‘I have moved into my new house, but I am not sure who is responsible for maintenance of the boundary. What do I do?’ It is not unusual to receive this as a call from the buyer post-completion when, for example, the fence at the rear of the property collapses (think of the storms last year) and the buyer has no idea of who is responsible for fixing it......>>
The Leasehold and Freehold Reform Bill: mission impossible?
Posted: 23/01/2024
The mission which Michael Gove, Secretary of State for Levelling Up, Housing and Communities, has chosen to accept is to transform the current residential leasehold system, which he says is a ‘cynical money making scam’, into a system fit for the twenty-first century, so that a home is a ‘home’ and not someone else’s investment. Squaring up to fight......>>
Where a river runs through it – what to consider when buying a riverside property
Posted: 13/10/2023
If you are thinking of purchasing a riverside property, there are a few points to bear in mind. First, the type of river, and whether it is a tidal or non-tidal river, has a bearing on the presumption of ownership of the riverbed. The legal presumption is that, if a river flows into the sea and the tide affects it, the riverbed is owned by the Crown......>>
Teaching points: converting schools to homes
Posted: 03/10/2023
The redevelopment of former schools into residential units presents an opportunity to repurpose unused property into housing. This was already an opportunity that some developers were taking, but given recent headlines on RAAC (reinforced autoclaved aerated concrete) and the temporary closures it has led to, some schools may have......>>
Stamp Duty on shared ownership property explained
Posted: 07/10/2022
While we always stress to our clients who sell shared ownership property that they should never give advice or guidance to customers on the complexities of Stamp Duty Land Tax (SDLT), we do believe it is helpful for sales professionals to have an understanding of shared ownership SDLT......>>
What does the falling pound and market volatility mean for separating couples?
Posted: 05/10/2022
Rachel Donald, partner in Penningtons Manches Cooper's family law team, considers the issues that may arise for separating couples in a volatile market. Last week sterling fell to a record low. In 2022, the pound has fallen over 16% against the US dollar and 7% on a trade weighted index......>>
Home warranty certificates – are they worth the paper they are written on?
Posted: 08/10/2021
Where a new home is being constructed, it is essential for it to be constructed under a new home warranty scheme that will be acceptable to a registered provider and their lender, and any lender to a shared ownership purchaser. NHBC offers new home warranties for around 80 per cent of the new completions, but other providers are entering the market......>>
Forget me knot? New guidance gives hope to those affected by Japanese knotweed
Posted: 08/10/2021
RICS, working with the Housing, Communities and Local Government (HCLG) Select Committee and DEFRA, has produced a draft guidance note on Japanese knotweed and its impact on residential property. The new draft guidance is intended to create confidence that the presence of knotweed does not need to be a death sentence for home sales......>>
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