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Conveyancing Update: e-ROT Precedent Texts for December 2025

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I have only just caught up with Lexsure’s e-ROT update for December. As with previous releases, the monthly precedent texts are clearly designed to help conveyancers give accurate, practical advice in response to a shifting legislative and risk landscape.

The Renters’ Rights Act 2025: Action Required Now

The Renters’ Rights Act 2025 is no longer something to plan for in theory; it is now law. While the headline tenancy reforms do not come into force until 1 May 2026, local authorities have already been granted new investigatory and enforcement powers, which became active in late December 2025.

The new precedent text is aimed squarely at prospective landlords and highlights the three most significant changes they need to understand now:

  • Abolition of Section 21: "No-fault" evictions will be removed.
  • Transition to Periodic Tenancies:All fixed-term tenancies, whether new or existing, will transition to rolling monthly periodic tenancies.
  • Mandatory Compliance:Landlords are being directed to consult official Government guidance immediately to prepare for the implementation date.

Residents as Freeholders: The Ground Rent Discrepancy

The update also introduces new wording to deal with a common but often overlooked technical issue. In buildings where the leaseholders collectively own the freehold, the ground rent covenant is frequently ignored in practice.

The risk is that, although non-enforcement may be informally tolerated by a resident-controlled freeholder, the failure to collect ground rent still constitutes a technical breach of the lease.

The new wording ensures buyers are made aware that this informal arrangement may not be legally binding and could change in the future.

Subterranean Restrictions and Article 4 Directions

With urban space at a premium, basement and subterranean developments remain attractive, but planning controls in this area are tightening. The December update includes new text for properties affected by an Article 4 Direction that removes permitted development rights for underground construction.

The impact is significant. Buyers must obtain full planning permission for any subterranean works—a process that is both complex and high risk. For clients intending to add value through extensions, this fundamentally alters the risk profile of the purchase.

Utilities and Statutory Rights of Access

Drainage searches frequently reveal the presence of a mains water pipe within a property’s boundaries, yet water authorities rarely confirm its precise location. The updated precedent advises buyers to:

  1. Verify the position of any such pipe before carrying out development.
  2. Acknowledge that water authorities retain statutory rights of access for inspection and repair.

These rights can permanently restrict where future buildings, extensions, or even landscaping can be placed.

Grade II Listed Buildings: Liability Without a Time Limit

Heritage status may be desirable, but it carries a serious legal sting. Unauthorised works to a Grade II listed building are a criminal offence, and there is no limitation period for enforcement.

This means a buyer can be served with an enforcement notice requiring remedial works, even if the alterations were carried out decades earlier by a previous owner. The new wording recommends a specialist historic building survey to confirm all material alterations have the appropriate Listed Building Consent.

Keeping ROTs up to date without reinventing the wheel

Many conveyancers spend a disproportionate amount of time drafting bespoke Report on Title paragraphs to address evolving risks. The e-ROT Notification Service eases that burden by providing updates on new and relevant precedent text that can be incorporated into existing reports.

The monthly service allows firms to retain their current process while ensuring advice remains current, consistent, and compliant without the need to start from scratch each time.

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