About this book
The Conveyancing Handbook has been a trusted first port of call for thousands of practitioners for over 27 years. This year's edition has been extensively updated to include the latest guidance on good practice in residential conveyancing, and is a crucial resource for answering queries arising from day-to-day property transactions.The 27th edition includes new and updated guidance on: SRA regulatory changes money laundering reforms the Conveyancing Protocol and Code for Completion HM Land Registry and electronic signatures SDLT and VAT.Throughout the book reference is made at appropriate points to the SRA Standards and Regulations, Law Society Conveyancing Protocol, Standard Conditions of Sale and Law Society Code for Completion (2019).Appendices include the SRA Codes of Conduct, Law Society practice notes, codes and formulae, and other practice information, including COVID-19 industry guidance.
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Information
Table of contents
- Cover
- Title
- Copyright
- Contents
- Preface to the 1992 edition
- Preface to the 27th edition
- About the authors
- Table of cases
- Table of statutes
- Table of statutory instruments
- Table of European and international law
- A. PRELIMINARY MATTERS
- A1. Taking instructions
- A2. Property selling
- A3. Advertising
- A4. Financial services
- A5. Dealing with non-solicitors
- A6. In-house solicitors
- A7. Introductions and referrals
- A8. Price transparency and estimate of costs
- A9. Joint purchasers
- A10. Acting for both parties
- A11. Mortgages: acting for lender and borrower
- A12. Preliminary deposits
- A13. Surveys
- A14. Stamp duty land tax
- A15. Land transaction tax
- A16. Capital gains tax
- A17. Value added tax
- A18. Annual tax on enveloped dwellings
- A19. Tax relief on mortgages
- A20. Transfers on breakdown of marriage or civil partnership
- A21. The Law Society Conveyancing Protocol
- A22. Interest on clients’ money
- A23. Reproduction of standard forms
- A24. Electronic conveyancing and services
- A25. Money laundering
- A26. Mortgage and other property fraud
- A27. Rentcharges
- A28. Energy performance of buildings
- A29. Shared ownership
- B. PRE-EXCHANGE
- B1. Pre-contract negotiations
- B2. Contract races
- B3. Seller’s investigation of title
- B4. Seller’s title awaiting registration
- B5. Seller’s duty of disclosure
- B6. Defective title and restrictive covenant insurance
- B7. Capacity
- B8. Agricultural land
- B9. Milk quotas
- B10. Pre-contract searches and enquiries
- B11. Form of contract
- B12. Standard Conditions of Sale and Standard Commercial Property Conditions
- B13. Conditional contracts
- B14. Sub-sales
- B15. Supply of evidence of title before exchange
- B16. Undertakings for bridging finance
- B17. Deposit
- B18. Liquor licensing and food safety
- B19. Mortgage offers
- B20. Auctions
- B21. Plans
- B22. Fixtures and fittings
- B23. Powers of attorney
- B24. Planning
- B25. Environmental issues
- B26. Boundaries and easements
- C. EXCHANGE
- C1. Preparing to exchange
- C2. Signature of contract
- C3. Insurance
- C4. Exchange of contracts
- C5. After exchange
- D. TITLE
- D1. Deducing title
- D2. Investigation of title
- D3. Requisitions on title
- E. PRE-COMPLETION
- E1. The purchase deed
- E2. Pre-completion searches
- E3. The buyer’s mortgage
- E4. Preparing for completion
- E5. The buyer in occupation
- E6. Death and insolvency
- E7. Foreign companies
- F. COMPLETION
- F1. Date and time of completion
- F2. Place of completion
- F3. The money
- F4. Completion
- G. POST-COMPLETION
- G1. After completion
- G2. Stamping documents
- G3. Registration of title
- H. LENDERS
- H1. Acting for the lender
- H2. Sales by lenders
- H3. Second and subsequent mortgages
- H4. Certificates of title
- I. NEW PROPERTIES
- I1. New property
- I2. Defects in new commercial buildings
- J. SALES OF PART
- J1. Sales of part
- K. LEASEHOLDS
- K1. Acting on grant of lease
- K2. Acting for the landlord
- K3. Acting for the tenant
- K4. Acting for both parties
- K5. Tenants’ guarantors
- K6. Short-term residential tenancies
- K7. Long-term residential tenancies
- K8. Business premises
- K9. Agricultural tenancies
- K10. Right to buy
- K11. Liability on covenants in leases
- K12. Assignment of leases
- K13. Licence or tenancy
- K14. Options
- K15. Variation of leases
- K16. Sale of tenanted property
- K17. Mobile homes
- L. COMMONHOLD
- L1. Commonhold
- M. DELAY AND REMEDIES
- M1. Delayed completion
- M2. Rescission
- M3. Breach of contract
- M4. Specific performance
- M5. Misrepresentation
- M6. Other causes of action
- M7. Rectification
- M8. Liens
- M9. Covenants for title
- M10. Solicitor’s negligence and breach of trust
- N. COSTS
- N1. Costs
- I. SOLICITORS REGULATION AUTHORITY
- I.1. SRA Principles
- I.2. SRA Code of Conduct for Solicitors, RELs and RFLs
- I.3. SRA Code of Conduct for Firms
- I.4. Money laundering and terrorist financing: warning notice
- I.5. Money laundering and terrorist financing – suspicious activity reports: warning notice
- I.6. Bogus law firms and identity theft: warning notice
- I.7. Tax avoidance – your duties: warning notice
- I.8. Improper use of a client account as a banking facility: warning notice
- II. LAW SOCIETY PRACTICE NOTES
- II.1. Anti-money laundering advice
- II.2. Mortgage Fraud Practice Note
- II.3. Property and Registration Fraud Practice Note
- II.4. Land Registry Early Completion Practice Note
- II.5. Joint Ownership Practice Note
- II.6. Flood Risk Practice Note
- II.7. VAT Treatment of Disbursements and Expenses
- II.8. Consumer Contracts Regulations 2013 Practice Note
- II.9. Contaminated Land Practice Note
- II.10. Conflict of Interests Practice Note
- II.11. Protecting Your Firm If You Fall Victim to a Scam Practice Note
- II.12. Consumer Protection Regulations in Conveyancing Practice Note
- III. LAW SOCIETY PROTOCOL, CODES AND FORMULAE
- III.1. Law Society Conveyancing Protocol
- III.2. Formulae for exchanging contracts by telephone
- III.3. Law Society Code for Completion by Post (2019)
- III.4. Law Society and Council of Mortgage Lenders Approved Certificate of Title
- III.5. Law Society and Council of Mortgage Lenders Approved Certificate of Title – short form
- IV. STANDARD CONDITIONS
- IV.1. Standard Conditions of Sale (fifth edition – 2018 revision) (including Explanatory Notes)
- IV.2. Standard Commercial Property Conditions (third edition – 2018 revision) (including Explanatory Notes)
- V. LAW SOCIETY FORMS
- V.1. Law Society CON 29 Enquiries of Local Authority (2016)
- V.2. Law Society CON 29O [Optional] Enquiries of Local Authority (2016)
- V.3. CON 29DW Standard Drainage and Water Enquiries (2016)
- V.4. CON 29M Coal Mining Search: Law Society’s Guidance Notes 2018
- V.5. Property reports on purchase
- VI. LAW SOCIETY PRACTICE INFORMATION
- VI.1. Apportionment of rent
- VI.2. Insolvency (No.2) Act 1994: counsel’s opinion
- VI.3. Tax on bank and building society interest – practice information
- VI.4. Accepting undertakings on completion following the Court of Appeal decision in Patel v. Daybells
- VI.5. Undue influence – solicitors’ duties post Etridge
- VI.6. Model letter to wife where charging home to secure loan to husband or his business
- VI.7. Form of undertaking agreed with banks
- VI.8. Recommended form of undertaking for discharge of building society mortgages
- VI.9. Mortgage redemption statements
- VI.10. Dealing with unqualified conveyancers
- VI.11. Coronavirus (COVID-19) – industry guidance: re-opening the home moving market safely
- VII. LAW SOCIETY INTEREST RATE
- VII.1. The Law Society interest rate
- VIII. HM REVENUE AND CUSTOMS
- VIII.1. HM Customs Statement of Practice: VAT land and property
- Index A-B
- Index C-E
- Index F-K
- Index L-M
- Index N-R
- Index S-Z
