Residential Conveyancing Update - Resources

 

SPG Annual conference follow up on residential conveyancing - Resources

Leasehold & Freehold Reform Act 2024 Resources (not all amendments in force)

https://www.gov.uk/government/news/leasehold-reforms-become-law#:~:text=Increasing%20the%20standard%20lease%20extension,expense%20of%20future%20lease%20extensions.

 

Explanatory Notes

https://publications.parliament.uk/pa/bills/cbill/58-04/0013/en/230013en.pdf

Leasehold Advisory Service guidance

https://www.lease-advice.org/news-item/leasehold-and-freehold-reform-act/#:~:text=The%20Act%20delivers%20a%20package,of%20homeowners%20on%20freehold%20estates

Costs of expert reports, architects or surveyor regarding relevant defects  and temporary decamp of residents whilst remedial action is undertaken; availability of First Tier Tribunal and Injunctions.

Right to manage and managing agent costs recoverable but freeholders’ legal costs recoverable in limited circumstances where tenants appeal decisions.

Abolishment of two years eligibility criteria.

No new leasehold houses. Statutory extensions for flats increased from 90 years to 990 years (but not yet in force).

Ground Rent rises capped.

 

Building Safety Act 2022 (BSA 2022) as amended

Law Society guidance (update to be published over the summer)

https://www.lawsociety.org.uk/topics/property/building-safety-act-2022-guide-for-conveyancers

GOV.UK guidance

https://www.gov.uk/guidance/building-safety-leaseholder-protections-guidance-for-leaseholders

https://www.gov.uk/guidance/mandatory-information-required-from-leaseholders-and-building-owners

Remediation – amendment of clauses in BSA 2022 regarding

Landlord costs responsibilities.  Definition of qualifying lessees. Leaseholder’s template

Broadening of definition of relevant and specific steps where there is a likelihood of fire; not just cladding issues.

Levelling-up and Regeneration Act 2023 - Legislation.gov.uk

Not all provisions in force even though Royal assent was given on 26th October 2023.

Planning breaches will be enforceable for ten years from four years.

 

The anticipated timescales will run between 2024 and 2027.

 

TA6 Property information form (4th edition, second revision) (2020)

This form is for the seller to give the prospective buyer detailed information about the property.

You're likely to need a TA6 for every purchase.

Download a specimen extract of a TA6 (4th edition, second revision) form (PDF 775 KB)

The TA6 (4th edition, second revision) was updated in 2020.

Note: the TA6 (4th edition, second revision) may be used until 15 January 2025.