Contracting-out certificate meaning

Use this checklist when representing the seller in the disposal of a registered freehold residential property, whether offered with vacant possession or burdened by a lease or multiple leases. It is not comprehensive and will not address every eventuality in every transaction. You should always consider if there are additional matters that require attention. It does not purport to be a complete guide for every case. Preliminary matters Have you taken instructions from the client? Robust due diligence and effective transaction management depend on a clear grasp of the seller’s objectives and the proposed sale terms. Obtain full instructions, and clarify any elements of your brief that are unclear or out of the ordinary. Consider whether further specialist input is required; for example, planning advice where completion is conditional upon planning permission being secured. The table below sets out some of the principal points on which instructions should be obtained at the outset. This list is not comprehensive, and you may need to request information about additional...

This Checklist sets out the trigger points and timescales for serving a landlord’s certificate and a former landlord’s certificate under the Building Safety Act 2022 (BSA 2022), together with the consequences of failing to meet the relevant statutory duties. For full guidance, see Practice Notes: Building Safety Act 2022—landlord’s certificate Building Safety Act 2022—landlord and tenant issues In England, the prescribed requirements for landlord’s certificates are contained in the Building Safety (Leaseholder Protections) (England) Regulations 2022, SI 2022/711, regs 1 and 6, as amended from 5 August 2023 by the Building Safety (Leaseholder Protections etc) (England) (Amendment) Regulations 2023, SI 2023/895, regs 10, 11 and 13. All references to SI 2022/711 are, accordingly, to those regulations as amended. Trigger events and timing Has the current landlord (as described in SI 2022/711, reg 1(3) as the ‘person who is the landlord under a lease of premises in a relevant building’) implemented a process to ensure a landlord’s certificate is supplied...

During any due diligence, a purchaser should establish whether an energy performance certificate (EPC) and a recommendation report are required, and then confirm that a valid EPC has been provided. In a multi-let building, several EPCs may be needed for different parts of the property. An EPC allows the buyer to assess the building’s energy efficiency. It sets out a rating that can be benchmarked against the average for comparable stock. A poor score may negatively affect the property’s value. A recommendation report must accompany the EPC unless there is no reasonable potential to improve performance against the energy standards currently in force. However, owners are not legally obliged to follow the recommendations. See our Overviews: Energy performance certificates and minimum energy efficiency requirements (MEES)—overview and Energy and renewable apparatus in buildings—overview, and our Practice Notes: Energy performance certificates (EPCs)—what are they and when are they required? and Energy performance certificates (EPCs)—issues for commercial landlords and tenants. Do the Energy Performance of Buildings (England and Wales) Regulations...

In this issue: Probate Court of Protection UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Insolvency—Private Client Digital assets and cryptoassets Charity and philanthropy Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate HMCTS probate enquiry line—temporary reduced hours From 14 February 2024, and for 12 weeks, the HMCTS probate helpline will run on reduced hours: 9am to 1pm, Monday to Friday. The HMCTS Probate Service remains available via web‑chat from 9am to 5pm, Monday to Friday. Source: HMCTS Probate LinkedIn post. MoJ urges those entitled to claim dormant funds held by CFO to act now The Ministry of Justice...

New Risk & Compliance forecast as at 19 August 2025 Our 19 August 2025 Risk & Compliance forecast monitors forthcoming regulatory developments affecting risk and compliance, helping you prepare for potential impacts and plan for any changes relevant to your organisation. Please review it thoroughly; however, the highlights that should be on your radar are outlined below. New items we’re tracking this month HMRC’s AML supervision fees—A policy paper from HMRC sets out suggested revisions to AML supervision charges under the Money Laundering Regulations (MLR 2017). The discussion window remains open until 29 August 2025. A summary and proposed next steps will follow. See: AML, CTF and counter-proliferation financing. NCA system priorities—The NCA has issued its ‘System Priorities’ for addressing economic crime in 2025, designed to help the regulated sector deploy resources efficiently whilst maintaining regulatory compliance. See: AML, CTF and counter-proliferation financing. SRA renewals 2025—The SRA has confirmed that this year’s practising certificate renewals will run from 1–31 October 2025. It has...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Equality and human rights Judicial review Freedom of information Public procurement Subsidy control and State aid Public sector pensions State accountability and liability Free webinars: Judicial Review: Practice and Procedure Pt 1 and 2 LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights Institute for Government explainer on UK–EU summit outcome The Institute for Government has released an explainer following the inaugural UK–EU Summit in London, setting out the freshly announced results of the UK–EU reset. See: LNB News 03/06/2025 43. Weekly round-up of EU–UK TCA Specialised Committees’ publications—30 May 2025 This summary covers publications issued by Specialised Committees created under the EU–UK Trade and Cooperation Agreement (TCA) for the period 27–29 May 2025. See: LNB News 30/05/2025 15...

This Practice Note outlines how the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, affect both landlords and tenants of non-domestic private rented (NDPR) property. It explores the interface between the MEES Regs 2015, SI 2015/962 and the Landlord and Tenant Act 1954 (LTA 1954), considers challenges for landlords and tenants when subletting NDPR premises that are substandard, examines points arising for a landlord with a consent exemption on assignment, highlights due diligence considerations, and flags issues in real estate finance transactions where the asset is substandard (that is, holds an energy performance certificate (EPC) rating of ‘F’ or ‘G’). It forms part of our Practical Notes series on minimum energy efficiency standards (MEES). Under MEES Regs 2015, SI 2015/962, reg 27, a landlord must not let substandard NDPR property unless: 'relevant energy efficiency improvements' have been carried out (MEES Regs 2015, SI 2015/962, reg 29); or an exemption applies (consent, devaluation or temporary exemptions). ...

Lexcel is the Law Society’s benchmark for practice management. Accreditation is optional, yet Lexcel status can assist firms seeking recognition under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note explains every step of the post-assessment pathway. Processing final report Soon after your assessment (typically two to three days), the assessor will send you the final report by email. It will set out any minor and/or major non-compliances, highlight areas for improvement, and note examples of good practice. A duplicate of the report will be forwarded to the Law Society panel...

BSA 2022, Pt 4 The Building Safety Act 2022 (BSA 2022) delivered far-reaching reforms to the legal framework and regulation of building safety, intended to ‘secure the safety of people in or about buildings and improve the standard of buildings’. Parts 3 and 4 of BSA 2022 establish the architecture for a new regulatory system governing ‘higher-risk buildings’ (HRBs). Under Pt 3, a strict building control regime was introduced for the design and construction stages of HRBs. Pt 4 imposes duties on those responsible for occupied HRBs, covering risk management and reporting. Collectively, these requirements are known as the ‘HRB regime’. This Practice Note examines BSA 2022, Pt 4, which sets out the arrangements for managing building safety risks in occupied HRBs in England. BSA 2022, Pt 4 does not extend to HRBs in Wales. For analysis of the Welsh position on HRBs, see Practice Note: Building and Fire Safety—the position in England, Scotland and Wales...

Dear [ insert client’s name ] Conditional order I confirm receipt of the certificate of entitlement to a conditional order and enclose a copy for your records. As indicated, the court has scheduled [ insert date ] at [ insert time ] for the pronouncement of the conditional order in your case. A conditional order signifies that the court has accepted you are entitled to a [ divorce OR dissolution ], although it has not yet been made final. Such orders are pronounced in open court, meaning the judge reads out a list of the names of those whose applications have reached the conditional order stage...

£ [ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes 20[ insert year ] [ insert name of issuer ] Dated [ insert day and month ] 20[ insert year ] Parties [ Insert name of issuing company ], incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] (the Issuer) Background The Issuer has determined to create up to a maximum nominal amount of £[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes, to be constituted as set out in this document...

£[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes 20[ insert year ] [ insert name of issuer ] This Instrument bears the date [ insert day and month ] 20[ insert year ]. Parties [ Insert name of issuing company ], incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] (Issuer) background The Issuer has determined to establish up to a maximum nominal amount of £[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes, which shall be constituted in accordance with the provisions set out in this document...

Under section 55A of the Family Law Act 1986 (FLA 1986), a party can apply to either the Family Court or the High Court for a declaration determining whether a person named in the application is, or was, the parent of another individual in question. The court’s authority depends on domicile or habitual residence in England and Wales, as set out in FLA 1986, s 55A(2). Where the application is successful, and a declaration of parentage is granted by the court, it shall give notice to the Registrar General (FLA 1986, s 55A(7))...

In England, landlords cannot serve a section 21 notice while they are failing to meet prescribed regulatory duties, as set out in section 21A(1) of the Housing Act 1988 (HA 1988). Where any such duty is breached, service is barred. The rules currently in effect are the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646. Compliance requires the landlord to supply the tenant with: an energy performance certificate, under the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118; a gas safety certificate, under the Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451; and a copy of ‘How to rent: the checklist for renting in England’, published by the Department for Communities and Local Government as required...

The changes brought about by the Deregulation Act 2015 Section 21A of the Housing Act 1988 (HA 1988) was introduced by section 38 of the Deregulation Act 2015 (DA 2015), and covers all tenancies created on or after 1 October 2015. Under HA 1988, s 21A, a landlord must satisfy the relevant ‘prescribed requirements’ before a notice can validly be served pursuant to HA 1988, s 21. Those ‘prescribed requirements’ are set out in the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (Prescribed Requirements Regs 2015), SI 2015/1646. In effect, the new HA 1988, s 21A states that a notice under subsections (1) or (4) of section 21 cannot be given in relation to an assured shorthold tenancy of a dwelling-house in England while the landlord is in breach of a prescribed requirement. It further provides that the matters capable of being prescribed are obligations placed on landlords by any enactment that concern: (a) the state and condition of dwelling-houses and their common parts; (b) the...