Russell Hewitson
Russell Hewitson is a solicitor and associate professor of law at Northumbria University. He is Law Society Council member for commercial property and a member of the Law Society’s Conveyancing and Land Law Committee. Russell is the Consultant Editor of Halsbury’s Laws of England Volume 23 - Conveyancing. He is general editor of Precedents for the Conveyancer, Practical Lease Precedents, and Practical Conveyancing Precedents, consultant editor of the Law Society’s Conveyancing Handbook and has written a number of other books including Conveyancing Searches and Enquiries, Licensing Law Handbook, Residential Conveyancing Practice and Business Tenancies. He is also the Practice and Precedents Editor of The Conveyancer and Property Lawyer.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1988
Experience
- Ward Hadaway (1988 - 1992)
Membership
- Law Society
- Association for Law, Property and Society
- Fellow of the Cambridge University Centre for Property Law
- Member, International Academic Association on Planning, Law, and Property Rights
Qualification
- LLB (Hons) (1985)
Education
- Newcastle Polytechnic (1981-1986)
24 Contributions by Russell Hewitson
PRACTICE NOTES
Commonhold v leasehold for flats in England and Wales: comparison, conversion, lender issues and proposed reforms (2025–2026)
The Commonhold and Leasehold Reform Act 2002 (CLRA 2002) permits developers of new residential schemes to provide a freehold option to prospective flat purchasers. This Practice Note examines the pros and cons of owning a freehold unit within a commonhold, as contrasted with a leasehold interest.
Background
Before 27 September 2004, when Pt 1 of CLRA 2002 commenced, leasehold tenure was the only realistic structure a developer could offer to would-be flat buyers. The burden of a positive covenant (for example, to pay service charge, insurance rent, and the like) can run with a leasehold estate only, not a freehold. Although this flaw could be overcome on a freehold disposal of a flat by imposing an estate rentcharge under the Rentcharges Act 1977 (RcA 1977), the practical position is that many mortgage lenders will not advance funds on the security of a freehold flat (see paragraph 5.7.1 of the UK Finance Mortgage Lenders’ Handbook (UKFML Handbook) and paragraph D.24 of the Building Societies Association Mortgage Instructions (BSA Instructions)); they consider a leasehold set-up far better suited to securing ongoing service provision and the enforcement of shared obligations...
Property
PRACTICE NOTES
Concurrent leases in residential flat schemes: management company model, liabilities, tenants’ right of first refusal, and Leasehold Reform (Ground Rent) Act 2022 (England and Wales)
Concurrent lease
In the setting of residential block arrangements, a concurrent lease is a lease of the reversion granted by a developer, typically to a management company, after it has already granted the separate flat leases to the respective purchasers of those flats. It is, in effect, an intermediate lease that stands between the developer (as freeholder, or as holder of a superior leasehold interest) and the flat tenants. For additional guidance, see Practice Note: Concurrent leases. This type of lease is sometimes also described as an ‘overriding lease’. That usage, however, risks confusion with the lease available to a former tenant or guarantor under section 19 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995). For that reason, it is preferable to use the term ‘concurrent lease’ in this residential flats context...
Property
PRACTICE NOTES
Contract Races in Property Transactions: Ethical and Disclosure Duties for Seller’s Solicitors under SRA Standards and Law Society Guidance (England and Wales)
A contract race occurs where a seller asks their solicitor to progress matters with two or more distinct would‑be purchasers. In that situation, the seller’s lawyer ought to reveal to the first buyer, or their representative, that other potential purchasers are in play. This Practice Note explains how that obligation arises under the SRA Standards and Regulations, which took effect on 25 November 2019, in situations where a seller’s solicitor acts for a client intending to deal with more than one buyer simultaneously.
Sales by auction are not contract races; for further guidance on auctions, consult Practice Notes: Selling property at auction and Buying property at auction.
Historic position—the rules under the SRA Code of Conduct 2011
Chapter 11 of the SRA Code of Conduct 2011 (the 2011 Code) addressed a solicitor’s dealings with third parties. Outcome 11.3 of that 2011 Code applied to contract races. It required the seller’s solicitor to notify immediately all buyers at once of the seller’s intention to proceed with more than one buyer...
Property
PRACTICE NOTES
Death between exchange and completion: estates' obligations, co-ownership (joint tenants/tenants in common), overreaching, grants of representation, notices to complete and HM Land Registry requirements (England and Wales)
This Practice Note outlines the legal position if a buyer or seller of residential property in question dies after exchange of contracts but before completion. It identifies the steps that should be taken, and what occurs where the buyer/seller comprises two or more persons and only one of them dies. It proceeds on the assumption that the contract for sale incorporates the Standard Conditions of Sale (Fifth Edition—2018 Revision) (SCS). See Practice Note: Standard Conditions of Sale (Fifth Edition—2018 Revision)—a guide to the main provisions. It addresses scenarios where the parties are co-owners acting for themselves when buying or selling, but it does not address the position for other trusts of land. For guidance on trusts of land, see: Trusts of land for property lawyers—overview.
Devolution of title—vesting in personal representatives
Following the death of a sole buyer or a sole seller, the deceased’s interest in the property passes to their personal representatives (PRs) (for example, the executor(s) or administrator(s)). Where there is a Will, that interest vests in the executors immediately on the relevant party’s death (although, in practice, an executor can only demonstrate entitlement by obtaining a grant of probate). If the party died intestate, or there are...
Property
PRACTICE NOTES
England and Wales residential conveyancing: special conditions and additional clauses to the Standard Conditions of Sale (Fifth Edition—2018 Revision), with precedents
This Practice Note examines how additional clauses—also referred to as special conditions—are used alongside the Standard Conditions of Sale (Fifth Edition—2018 Revision) (SCS) in residential conveyancing matters.
Using the Standard Conditions of Sale (Fifth Edition—2018 Revision)
The SCS comprise a set of standard conditions forming the foundation of most contracts for buying and selling residential property in England and Wales. They prescribe the general terms on which the property is conveyed and deal with deposit payment, deduction of title, matters to which the property is sold, completion, late completion, and contractual remedies for breach. Where the Law Society’s Conveyancing Protocol (Protocol) is adopted for a particular conveyancing transaction, the contract must incorporate the latest edition of the SCS.
Using special conditions
Step 13 of the Protocol provides that additional conditions should be inserted only where they are strictly necessary for the purposes of the transaction. However, the...
Property
PRACTICE NOTES
Law Society Residential Conveyancing Protocol 2019 (England and Wales): step-by-step workflow, solicitor obligations, enquiries limits, lender and leasehold checks, exchange/completion by Code, and post-completion registration
The Protocol (2019) presents the Law Society’s preferred approach for residential conveyancing matters. Its purpose is to streamline and standardise the residential conveyancing process. The Protocol has two components:
the general solicitor obligations
the Protocol framework
Further detail is set out below.
Which transactions does the Protocol apply to?
The Protocol is designed for residential sale and purchase transactions involving an owner occupier. It is assumed that the buyer’s and seller’s solicitors will also represent their clients’ respective lenders. It is not intended for the purchase of new build homes. Solicitors accredited under the Conveyancing Quality Scheme (CQS) must follow the Protocol, subject to certain exceptions, such as client instructions and changes in the law. Conveyancers who are not CQS accredited are not required to use the Protocol, although it is regarded as best practice. Ideally, both parties to a transaction will agree to adopt the Protocol, but one party may still use it even if the other has not agreed to do so...
Property
PRACTICE NOTES
Long leasehold flats: buyer due diligence guide: drafting, rights, ground rent, service charges, insurance, landlord obligations, lenders' requirements, management companies and concurrent leases (England and Wales)
FORTHCOMING CHANGE :
On 27 October 2025, the Renters’ Rights Act 2025 officially obtained Royal Assent.
For further advice and guidance on how the Act affects residential tenancies in England, please consult Practice Note: Renters’ Rights Act 2025—key provisions.
Residential flat schemes can be set up by several different methods in practice.
These options are outlined in detail within Practice Note: Residential flat schemes—Alternative schemes.
This Practice Note concentrates on the broader matters to assess when representing a purchaser of a flat in any residential flat scheme.
For more detailed analysis of the pros and cons of holding a freehold unit in a commonhold, compared with a leasehold interest in one of those schemes, please refer to Practice Note: Residential flat schemes—leasehold v commonhold...
Property
PRACTICE NOTES
Preparing a residential conveyancing contract bundle: disclosure duties, Law Society Protocol requirements and document checklist (England and Wales)
This Practice Note offers guidance on assembling a contract bundle or title pack in a residential conveyancing matter. It addresses:
the seller’s duty of disclosure, and how the seller’s conveyancer’s investigation of title and preparation of a thorough title pack help the seller meet that duty
the requirements set by the Law Society’s Conveyancing Protocol 2019 (Protocol)
the documents to include within the title pack or contract bundle
The guidance assumes the property is registered. For unregistered land, see the following Practice Notes:
Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership
Deducing title to unregistered land—stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations
Seller’s duty of disclosure in property transactions
The fundamental rule in property sales is “caveat emptor” or “let the buyer beware”. In practice, the buyer carries the risk and must make appropriate enquiries and investigations to confirm the property they are purchasing aligns with what they expect to acquire, and that the sum agreed represents a fair price for what is being...
Property
PRACTICE NOTES
Property, Mortgage and Registration Fraud: HMLR/Law Society Guidance, Identity Checks, Conveyancing Protocol, Key Cases and Solicitors’ Liability (England and Wales)
Property transactions involving both private individuals and corporate entities face a heightened risk of targeting by fraudsters, so conveyancing lawyers must remain vigilant to possible warning signs. This Practice Note reviews the fraud prevention guidance and services issued by the Law Society and HM Land Registry, together with the scope for claims against practitioners for breach of retainer and breach of trust where a transaction proves fraudulent. Each firm should operate its own policies and procedures aimed at minimising fraud risk and fulfilling all applicable regulatory duties, and these must be observed at all times.
Law Society’s practice note on property and registration fraud
The Law Society and HM Land Registry have jointly produced a practice note on property and registration fraud. It reflects the Law Society’s view of good practice; whilst solicitors are not compelled to follow the guidance, the Law Society states that doing so will assist when accounting to oversight bodies for their decisions and conduct...
Property
PRACTICE NOTES
Residential conveyancing pre-contract enquiries in England and Wales: duties of disclosure, standard and additional enquiries, reliance and misrepresentation, and DMCCA 2024 consumer protection considerations
This Practice Note examines enquiries before contract—also referred to as pre-contract enquiries, preliminary enquiries or standard enquiries—within residential conveyancing transactions. It proceeds on the basis that the parties have adopted the Law Society Conveyancing Protocol (2019) (the Protocol) and that the buyer’s conveyancer is additionally acting for a lender in line with the UK Finance Mortgage Lenders’ Handbook (the UKFML Handbook) or the Building Societies Association Mortgage Instructions (the BSA Instructions). See Practice Notes: The Law Society’s Conveyancing Protocol and Lenders' instructions—the UK Finance Mortgage Lenders' Handbook and the Building Societies Association Mortgage Instructions.
Why raise enquiries?
At common law, the guiding doctrine is ‘caveat emptor’—‘let the buyer beware’—so a seller has only a limited duty to disclose information about the property.
It is principally for the buyer to ensure they understand what they are purchasing, including the nature of the property and any rights or liabilities that may attach to it.
Accordingly, a buyer’s conveyancer raises enquiries before contract to secure information about the property over and above what is otherwise available...
Property
PRACTICE NOTES
Residential leasehold flat developments: alternative structures, management arrangements, lender requirements and statutory considerations (England and Wales)
This Practice Note summarises several of the principal ways in which a residential flat project can be structured. It provides an overview of alternative leasehold flat arrangements for both developers and purchasers of residential flats.
A central issue in residential leasehold developments is securing adequate, enforceable covenants for the repair, maintenance and insurance of the shared parts of the development (that is, the structure, foundations, roof, principal walls, internal and external communal areas and common services). It also addresses how obligations for the common parts are allocated among the key parties.
The following structures, and their differing approaches to apportioning responsibility for the shared parts between landlords, management companies and tenants, are considered:
developer/landlord retains the reversion and the management role
developer/landlord keeps the reversion but outsources management duties
developer/landlord keeps the reversion while tenants assume management duties
developer/landlord transfers the reversion and management functions to the tenants
‘criss-cross’ or ‘crossover’ arrangement
‘cat’s cradle’ arrangement
This Practice Note does not cover commonhold developments; for information on commonhold, see: Commonhold—overview and Practice Note: Residential flat schemes—leasehold v commonhold.
Lenders’ requirements
A purchaser of a residential flat will almost certainly acquire the property with the assistance of a mortgage...
Property
PRACTICE NOTES
Sale by a sole surviving co-owner after death of a proprietor: overreaching, appointment of a second trustee, LP(JT)A 1964, and HM Land Registry requirements (England and Wales)
This Practice Note outlines the matters that arise on the disposal of a property by a surviving co-owner. It addresses the treatment of joint tenants and tenants in common, the overreaching of equitable interests, key considerations for a buyer’s solicitor, and HM Land Registry registration requirements.
Co-ownership
When land is bought in the joint names of two or more co-owners, a statutory trust of land comes into being. The Trustee Act 1925 restricts the number of trustees to no more than four. If land is acquired in the joint names of over four co-owners, the legal estate is vested in the first four named. Where property is subject to a trust of land, the legal and equitable estates are distinct. The trustees are required to hold the legal estate as joint tenants. A legal joint tenancy cannot be severed; on the death of one joint tenant, their legal interest automatically devolves to the surviving joint tenants...
Property
PRACTICE NOTES
Standard Conditions of Sale (Fifth Edition, 2018 Revision): Practitioner’s Guide to Key Provisions for Residential Conveyancing in England and Wales
The Standard Conditions of Sale (Fifth Edition—2018 Revision) (SCS) comprise the core conditions underpinning most contracts for buying and selling residential property in England and Wales. Where a deal concerns commercial or mixed‑use premises, the Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are the better fit.
First issued on 1 April 2011, the SCS appeared alongside the Law Society’s Conveyancing Protocol (the Protocol). When the Protocol is used for a given conveyancing matter, the parties must adopt the current SCS, and step 13 of the Protocol provides that special conditions should be added only where strictly required for that transaction.
Protocol use is compulsory for solicitors accredited under the Conveyancing Quality Scheme. For more detail on the Protocol, see Practice Note: The Law Society’s Conveyancing Protocol. The 2018 update to the SCS took effect in March 2018.
Condition 1—General Definition—‘clearing bank’
Condition 1.1.1(b) defines a ‘clearing bank’ as a bank accepted by the Bank of England as a direct participant in its CHAPS system...
Property
PRECEDENTS
Buyer’s key undertaking and pre-completion access licence agreement for works between exchange and completion (England and Wales)
Date
[ date ]
Parties
[ insert Seller’s name here ] of [ insert Seller’s address here ] (the Seller);
[ insert Buyer’s name here ] of [ insert Buyer’s address here ] (the Buyer).
1 Definitions
Within this Agreement, the terms below have the meanings set out:
Contract – the agreement concluded between the Seller and the Buyer under which the Buyer purchases the Property from the Seller, dated [ insert date of exchange ];
Licence Period – the timeframe commencing today and expiring upon the first occurrence of any event described in clause 5, whichever occurs earliest;
Permitted Use – solely for undertaking the Works;
Property – [ address/description ];
VAT – value added tax payable under the Value Added Tax Act 1994, or any comparable tax imposed in addition to, or replacing, value added tax; and
Works – the works to the Property detailed in the Schedule to this Agreement...
Property
PRECEDENTS
Occupier’s deed of consent to sale, waiver of rights and undertaking to vacate—residential property (England and Wales)
THIS DOCUMENT IS SIGNIFICANT AND YOU OUGHT TO SEEK LEGAL ADVICE BEFORE SIGNING. BY SIGNING, YOU MAY POSSIBLY FORFEIT ANY INTEREST YOU CURRENTLY HOLD IN THE PROPERTY.
Occupier: [ insert name of Occupier ] at [ insert address of Occupier ] (the ‘ Occupier ’).
Seller[s]: [ insert name(s) of Seller(s) ] at [ insert address of Seller(s) ] [ (the ‘ Seller ’) OR (together, the ‘ Sellers ’) ] ....
Property
PRECEDENTS
Precedent buyer’s report on title for residential freehold purchase (England and Wales)
Property: [ insert name and/or address of the property ] (‘Property’)
Seller: [ insert name and address of seller ] (‘Seller’)
Buyer: [ insert name and address of buyer ] (‘you’)
1 Introduction
1.1 Scope of report
This report is directed to you and has been compiled solely in connection with your intended acquisition of the Property [ for your own occupation OR as a second home OR as a buy-to-let investment ]. It must not be disclosed to, or relied upon by, any other person. We have reviewed the Seller’s title to the Property and this document sets out a summary of the principal points arising from our enquiries. Copies of the material gathered during the title investigation, together with a copy of the contract for sale, are enclosed and should be read alongside this report and kept for future reference...
Property
PRECEDENTS
Precedent common law residential tenancy agreement (non-assured; outside Housing Act 1988) - England and Wales
DATE [ date ]
Parties
[ name of Landlord ] [ of, or incorporated in, England and Wales with company registration number [ number ], whose registered office is at ] [ address ] (the Landlord)
[ name of Tenant ] of [ address ] (the Tenant)
[ [ name of Guarantor ] of [ address ] (the Guarantor) ]
FORTHCOMING CHANGE :
The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions...
Property
PRECEDENTS
Precedent: Residential Registered Freehold or Leasehold Sale Contract (England and Wales) incorporating the Standard Conditions of Sale, Fifth Edition (2018 Revision)
Date
[ date ]
Parties
[ name of seller ] of [ address ] (the Seller);
[ name of buyer ] of [ address ] (the Buyer);
1 Definitions
For this contract, the terms below shall have the meanings set out:
Buyer’s conveyancer: [ name ] at [ address ] (reference [ details ]);
Completion Date: [ insert date ];
Contents: the items at the Property shown as included on the attached list;
[ Contents Price: £[ amount in figures ] ([ amount in words ] pounds); ]
Deposit: £[ amount in figures ] ([ amount in words ] pounds);
[ Lease: [ insert details of lease ]; ]
Property: [ All that freehold property situated at and known as [ insert address ], registered with absolute title at HM Land Registry under the title number OR all that leasehold property situated at and known as [ insert address ], registered with absolute title at HM Land Registry under the title number and further described in the Lease ];
Purchase Price: £[ amount in figures ] ([ amount in words ] pounds);
Seller’s conveyancer...
Property
PRECEDENTS
Residential conveyancing—donor’s gifted deposit declaration to mortgage lender (letter template)
[ Enter name and address of the buyer’s donor ]
[ Enter name and address of the buyer’s lender ]
[ Enter date ]
Dear [ enter name of lender ]
Declaration of gifted deposit in respect of the proposed purchase of [ insert the address of the property which is to be purchased ] (the Property )
Kindly treat this correspondence as confirmation that [ I OR we ], [ enter name(s) of donor(s) ] of [ enter address of donor(s) ], will provide the sum of [ enter total amount of money being given for the deposit in numbers and words ] to [ my OR ]...
Property
PRECEDENTS
Residential occupier’s consent to lender’s mortgage, priority and vacant possession undertaking (England and Wales)
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD TAKE LEGAL ADVICE BEFORE SIGNING.
If you sign and the lender is still unpaid, then you could lose any interest you hold in the property.
Occupier: [ insert name of occupier ] at [ insert address of Occupier ] (the ‘ Occupier ’).
Borrower[s]: [ insert name(s) of Borrower(s) ] at [ insert address of Borrower(s) ] [ (the ‘ Borrower ’) OR (together, the ‘ Borrowers ’) ].
Relationship to Borrower[s]: [ daughter, son or as appropriate ]...
Property
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