13. Business Tenancies and the Landlord and Tenant Act 1954, Part II

This chapter considers the provisions of the Landlord and Tenant Act 1954, Part II, which regulates the ways in which business tenancies may be terminated and gives statutory protection to business tenants. Topics discussed include agreements to which the 1954 Act applies; requirement for ‘tenancy’ tenancies excluded from statutory protection; requirement for ‘occupation’ methods of termination under the 1954 Act; Section 40 notices; rules for service of notices; interim rent applications; landlord’s statutory grounds of opposition; tenant’s right to compensation for failure to obtain a new tenancy; and court order for new tenancy.

9. Post-Completion Procedures: Delays and Remedies

This chapter considers two areas that provide practitioners with some of the more challenging parts of the conveyancing process: first, post-completion procedures; and, second, dealing with delays and seeking appropriate remedies. Practitioners must deal with time limits, with ‘what if’ scenarios, and with the mechanics of stamping and registration. In particular, delays affecting conveyancing contracts, and the consequential remedies available, are a fertile source for conflict between conveyancing practitioners.

5. Deduction and Investigation of Title

Deducing title is the process by which the seller demonstrates to the buyer that the seller owns the land and can convey it. Conversely, the process of investigating title is the means by which the buyer ensures that the seller does own the land, and can convey. This chapter discusses when these procedures are carried out and then considers in detail the methods for deducing and investigating title in both registered and unregistered land.

2. Taking Instructions and Other Initial Matters

This chapter begins with a look at the process of initial interviews with clients. At the start of any transaction it is important to establish a good working relationship with the client. The first interview marks the perfect time to do this, for it gives practitioners the opportunity to instil confidence in the client of their abilities as a conveyancer. The chapter then deals with estate agents; client care and advice on costs; advice on co-ownership; advice on finance; advice on survey; Law Society Conveyancing Protocol; professional conduct; and considerations for acting for either seller or buyer.

11. New Properties

This chapter deals with the special areas of concern for practitioners who are required to deal with the sale or purchase of new residential properties, either recently constructed or in the course of construction. It looks at the roles of the practitioners acting for the developer and prospective buyer respectively. It also considers the arrangements for roads and sewers on a new estate and the importance of insurance against structural defects in new properties.

8. Pre-Completion Procedures and Completion

This chapter begins with a discussion of pre-completion procedures, covering pre-completion when acting for the seller; pre-completion when acting for the buyer; pre-completion searches; and completion statements. It then focuses on completion, covering date, time, and place for completion; when the client is both selling and buying; and the mechanics of completion.

6. Preparing for and Implementing Exchange of Contracts

This chapter first considers matters that must be attended to before an exchange of contracts when acting for the buyer and when acting for the seller. It then discusses implementing the exchange of contracts; actions taken after exchange; and death or insolvency of contracting parties between exchange and completion.

1. Introduction

This introductory chapter begins with an overview of conveyancing, which is the process by which legal title to property is transferred. It then discusses the conveyancing of registered land; defensive lawyering and the conveyancing process; conveyancing and information technology; and the future of conveyancing.

12. Commercial Conveyancing

This chapter focuses on commercial conveyancing, which involves the granting and renewal of business (or commercial) leases as well as the buying and selling of properties that are let to business occupants. It first considers revenue matters then turns to the key commercial area that most conveyancers will encounter in practice, the review of the contents of a commercial lease. The final section is devoted to the particular requirements a practitioner must bear in mind when acting for a client who is selling or buying a tenanted property. It also considers the Standard Commercial Property Conditions (SCPC) being commercial specific standard contractual terms.

3. The Draft Contract

This chapter considers various issues relating to drafting a contract. These include preparatory steps by seller’s practitioner; formation of the contract; contents of the contract; sales of part; and special considerations.