Frequently asked questions (FAQs)

Any extra costs need to be fair and only come into force where your conveyancing lawyer has to perform these additional tasks for you and provided they could not be anticipated at the start of the process. 

In these instances, Homeward Legal includes all foreseeable legal costs in their standard conveyancing offering as part of the fixed legal fee plus we offer No-Completion No Fee Protection so that in the unfortunate event that your property transaction falls-through you will not be liable for any of the conveyancer's fixed legal fees for the work completed. 

The local authority search is a set of enquiries made of the local authority's records by your conveyancing solicitor. These relate specifically to the planning and building control records, roads and highways, local development plans and other aspects of local authority control that might impact your property in some way. It is worth noting, however, that the search only relates to the property you are thinking of buying, and will not report on any records affecting neighbouring or nearby properties.

The local authority search focuses on the subject property only, so, as an example, it would not reveal planning applications relating to other properties or land in the area around your prospective building. A separate search, known as a 'Plan’ or ‘Planning Search', would be needed to extend the search to include neighbouring properties and any adjoining land.

The local authority search is a key part of the conveyancing protocol because the information is generally highly relevant to the purchaser’s interests. Mortgage lenders will also insist on this search being carried out, unfortunately at the expense of the buyer (although Homeward Legal can act on the behalf of most lenders and advisers so that they do not pass on their legal costs to you).

However, if you are a cash-buyer, it is up to you whether you choose to have this search carried out, and you should inform your conveyancing solicitor if this is the case at the time of appointing them.

SDLT stands for Stamp Duty Land Tax, and is a tax payable to Her Majesty’s Revenue and Customs (HMRC) by a buyer on all properties bought for £125,000 and above. 

However, in July 2020, Chancellor Rishi Sunak announced a stamp duty holiday, which means that anyone completing on a main residence up to the value of £500,000 will not have to pay any stamp duty. This was extended in the 2021 budget to the end of June , and from June to September 2021 was extended to property's up to the value of £250,000. Please note that this only applies to properties in England and Northern Ireland.

There are other government schemes in place such as ‘Help to Buy’ which you may be eligible for. In particular, for first-time buyers, the stamp duty threshold has been raised to £300,000. For more information our experienced team are on hand.

The information provided below is how SDLT was calculated prior to Chancellor Sunak’s announcement.

Note that if the property being purchased is a buy-to-let or a second home, then, as of April 2016, each value band has been increased by 3%.

First-time buyers already have a higher stamp duty threshold, paying no property tax on transactions up to £300,000.

The current levels of SDLT have been in place since December 2014 and are calculated as a percentage of the final purchase price according to the following brackets:

• £0 - £125,000 - 0% (3% for buy-to-let, or second homes)
• £125,001 - £250,000 - 2% (5%)
• £250,001 - £925,000 - 5% (8%)
• £925,001 - £1.5 million - 10% (13%)
• £1.5 million - 12% (15%)

The tax owed is not a flat rate but is calculated as the purchase price moves up through the bands. So, for example, if you buy a house for £950,000, the first £125,000 will not incur any tax, the next £125,000 will be taxed at 2%, the next £675,000 at 5% and the remaining £25,000 at 10%:

First £125,000 = £0
Next £125,000 = £2,500
Next £675,000 = £33,750
Final £25,000 = £2,500
Total = £38,750

Your conveyancing solicitor will submit the SDLT return to HMRC on your behalf upon completion of your home purchase, at the same time as registering the change of ownership with the Land Registry.

Note, too, that, from 1 April 2018, the Welsh government abandoned SDLT and introduced the Land Transaction Tax (LTT), which operates on a very similar basis, although the trigger threshold is currently set at £180,000.

Your conveyancing solicitor should be able to advise if there are any other government schemes in place (such as ‘Help to Buy’) to assist with your purchase and whether you are eligible to take advantage of any that are running. In particular, for first-time buyers, the stamp duty threshold has been raised to £300,000.

Whether you are buying or selling, the earlier you can appoint your conveyancing solicitor, the better, because the legal work can start very early in the process. For sellers, this means that your solicitor could draft a contract in advance of finding a buyer, and for buyers, conveyancing solicitors can verify ID checks, proof of funds and the mortgage application if needed. 

Promptly instructing a solicitor can reduce any chance of the other side pulling out, and will also mean that you are ready to push forward with an offer as soon as you find a property that you want to buy.

With Homeward Legal's No–Completion No Fee promise that in the unfortunate event that your property transaction falls-through you will not be liable for any of the conveyancer's fixed legal fees for the work completed.

Plus, when you get a quote for conveyancing services from us, we offer a Fixed legal fee conveyancing quote with no hidden costs.

It is strongly recommended that all prospective purchasers book an inspection of the property they are intending to buy. There is a wide range of defects that can affect a property, from cracked roof tiles to the suspected existence of asbestos, from unsupported chimney stacks to wet rot in the cellar. These will not be reported on by a conveyancing solicitor, as it is not part of the legal remit.

In addition, a survey will identify any structural issues so that you can budget for remedial and upkeep works if necessary. Local builders and your RCIS surveyor can provide detailed advice on what you should consider, and whether it is worth renegotiating the asking price to help pay for any major works post-purchase.

New owners will often be frustrated with the lack of formality around what fixtures and fittings should be included in a sale, and indeed what should be included under each term. Sometimes this list isn't firmed up until the transaction nears completion, and it can also form post-offer negotiations, causing potential delays.

However, to avoid confusion, an approximate list will need to be agreed by the buyer and seller prior to offer. The seller will note these in the formal conveyancing form known as the fixtures and fittings form (FFF), which confirms in detail what will be sold with the property, and which formally becomes part of the contract of sale.

Searches are checks carried out by solicitors or conveyancers during the home-buying process to identify any potential issues with the property or land. Common searches include local authority checks, environmental risks, drainage and water access, and planning permissions. These ensure you're fully informed before proceeding.

You can also check our conveyancing searches guide.

Many contaminants can impact a residential property. These need not be restricted to chemical or mineral pollutants either, since investigations into contamination also include proposed erection of mobile masts, or the proximity of electricity pylons.

Where the property has been built on former industrial or agricultural land, consideration will be given to any known pollution that exists in the topsoil or in the vicinity. All aspects of the environmental impact to the property will be considered as part of the environmental searches and reported in the conveyancer's report on title for the property.

No. With Homeward Legal's panel of conveyancing solicitors, when you get a quote for conveyancing services from us, the legal price we quote you is the price you'll pay.

You should be aware, however, that some property solicitors do not give accurate quotes, only estimates, often putting standard conveyancing fees in the small print, possibly to make the headline offer seem far more attractive. The final bill you receive may then be much more than you budgeted for as a result. With Homeward Legal, we offer Fixed Legal Fee conveyancing quote with no hidden charges and with our No-Completion No Fee. 

If in the unfortunate event that your property transaction falls-through you will not be liable for any of the conveyancer's fixed legal fees for the work completed.

When acting for a purchaser, a conveyancing lawyer will carry out an environmental search, which will identify if the property is on a known floodplain.

Whether the house or flat is in one of these locations or not doesn't necessarily mean that it has flooded in the past, or will be flooded in the future, because the basic environmental search only assesses the general risk. Furthermore, the information returned in the search cannot factor in the existence and effectiveness of flood defences, such as the Thames Barrier.

If a potential risk is identified and is deemed significant, your conveyancing lawyer may recommend a further, more detailed search (from a specialist company such as Searches UK or Landmark), which will be charged as a third-party fee. Please speak to your solicitor if you have any concerns about the flood risk with respect to your property.

See a sample Homecheck Flood Report.

Find an auction online or in local papers and look into the houses you like beforehand. Get a solicitor to look over the seller’s pack and view the property with a surveyor to check for hidden problems. Get your mortgage lined up and ready beforehand, then on the day, you’ll need two forms of ID to bid, plus immediate access to 10% of the final property price (by cheque or banker’s draft) if you win.

No, you can buy a house at auction with a mortgage. Most mortgage lenders are experienced with auctions and will get your funds ready in time, but you’ll need to set it all up before you bid as when that hammer comes down, you’ll need to cough up 10% immediately, and the rest of it usually in less than 28 days.

Not at all. If you keep your wits about you and consult a property solicitor, you can get yourself a real bargain home at auction. If you get an in-depth auction property survey done beforehand, you shouldn’t have anything to worry about.

While auctions work on a “sold as seen/buyer beware” arrangement, you won’t be buying completely blind. You’ll have the seller’s pack (often called a Legal Pack), which will include details of any legal problems which may affect the property, as well as details of existing tenants if you are bidding on a commercial property.

You can usually download an auction catalogue directly from the auction house’s website, usually around seven days before the auction is due to take place. Sometimes you can request a hard copy, or you may find that companies such as Rightmove list their auction properties directly on the website for buyers to see before the auction.

You should definitely view the property before bidding and take your surveyor with you. This way you can guarantee the property doesn’t have any hidden issues before you buy.

You can make an offer on any property before it goes to auction. We recommend that you speak with a solicitor before doing this as there may be issues that bring the asking price down.

You’ll pay 10% of the final price on the day and the rest is usually due within 28 days. This means you’ll need to complete all conveyancing and have your mortgage or cash lined up within this time. Friday’s Move offers a guaranteed 28 Day Conveyancing package specifically for properties bought at auction.

Selling your property at auction often comes with a wide range of fees including: around 2.5% commission to the auction house, advertising costs, a portion of the auction room hire fees, admin fees, legal costs for creating a Seller’s Pack and drawing up final contracts.

When the hammer falls, your top bidder has entered a legally binding contract that you both must follow through on. The buyer will have to pay 10% of the final price on the day of auction and pay the remaining amount within 28 days. If your buyer fails to pay the full amount by then, you have legal grounds to sue them for the costs of having to re-list the property.

Shop around for auction houses and choose one that is not only more established, and so can guarantee a large turn out on the day, but also make sure that you choose a specialist auction house with experience of selling the same kind of property.

You can sell your property quickly without much complication. Buyers can’t pull out without heavy penalties and you can guarantee that the exchange will have gone through within 28 days. Sometimes you might be able to sell your property for more than the guide price if you get buyers in a “bidding war”, and if there is something wrong with your property which may affect its chances of selling on the housing market, you may find that it sells better at auction where many buyers are looking to renovate or buy to let.

The kind of property that sells well at auction are those in high demand which could attract many buyers, like London-based houses, also unique properties which are hard to value, properties which need to be sold quickly, or properties in a bad state of repair which need renovating.

You’ll need to factor in your own conveyancing and survey costs, plus stamp duty fees if the property is over £250k. In some cases, there will be a buyer’s premium to be paid to the auctioneer and you may also be charged seller’s legal costs, search fees and auction fees. These costs should be listed in the Seller’s Pack.

Over recent years, a number of lenders have reduced the number of legal firms they have on their approved panel. The upshot of this is that they potentially create higher conveyancing costs for buyers as the lender’s legal costs for establishing the mortgage are passed on.

One of the fastest-growing areas of property buying and selling is in property auctions. Conveyancing for auction is typically faster than a conventional property transaction, and specialist auction property solicitors can help ensure the process goes smoothly. 

Homeward Legal works with a nationwide panel of property law firms with expertise in completing auction conveyancing transactions.

Our property solicitor partners have experience in working with auction houses across England and Wales and can negotiate on your behalf as soon as you instruct them. 

Most auction property purchases must be completed within a specific deadline, often 28 days from the successful bid. That means any buyer must be well prepared for the auction day in advance. 

Selling property at auction is often a quicker and more cost-effective way to find a buyer, particularly for unusual properties or those requiring upgrading.

Our panel of nationwide property law firms have all the expertise required to get your property to auction. Your property auction’s solicitor’s first step will be to prepare the necessary legal paperwork required by the auctioneer. 

This forms the auction legal pack that is available to prospective buyers. Your property auction solicitor can also advise on fees and on the completion date (when the property must be vacated for a new owner), while ensuring there can be no disputes after the sale is completed.

A legal pack is usually valid for up to six months from the date that it was first prepared.

Many properties are sold at auction because of issues that make them unsellable on the open market. For this reason, prospective buyers should always instruct an experienced auction conveyancing solicitor to review the legal pack before making a bid. 

The legal pack should identify any potential issues and, where necessary, allow your solicitor to make more detailed legal enquiries. 

For a seller, the process of selling a property at auction can be as little as eight weeks. The preparatory work before the sale can be done by instructing property auction solicitors, with the auction conveyancing completed usually within 28 or 56 days, depending on the condition of the sale. 

Buyers can simply arrive on the day and make a bid that may be successful. However, a successful bid is binding. The buyer is then committed to the purchase and must immediately pay a 10 percent deposit. They then have up to 28 or 56 days to transfer the balance and complete the sale. 

Buyers who intend to bid at auction should do their own preparatory work in advance. Get a hold of the catalogue, identify the property or properties you are interested in and engage a conveyancing solicitor to request the legal pack and organise a building survey so there are no nasty surprises once the hammer falls. 

There are generally two types of property auction sales, the detail of which will be outlined in both the catalogue on the day and the legal pack related to the specific property. In an unconditional sale, the successful bidder must pay a 10 percent deposit immediately and complete the sale within 28 days. 

In a conditional sale, the completion timescale is longer. The successful bidder has 20 working days in which to secure finance, then a further 20 working days to complete the sale.

Buying property at auction is considered a risky venture for most mortgage lenders. Indeed many properties are being sold at auction because no mortgage can be secured on them.

That’s why it’s crucial anyone who needs a mortgage to buy at auction has their finance in place. That means a minimum of having a mortgage agreement in principle in writing from your lender. 

The short timeframe for completing an auction property purchase means your conveyancing solicitor is working against the clock to get the finance in place for completion date. 

A conditional auction sale gives a buyer more time to secure finance, to instruct a building survey and arrange buildings insurance.

The auction process is designed to protect both buyers and sellers and to encourage only serious bidders. Once the auctioneer’s hammer falls on a successful bid, the buyer is legally bound to complete the sale.

They must pay a 10 percent deposit immediately and commit to providing the balance within 28 days. If you change your mind after your bid has been accepted, you will lose your deposit and you must also pay the auctioneer’s fees. 

Auction conveyancing works within a much shorter timeframe than conventional conveyancing. Once your bid has been accepted and you have paid the initial 10 percent deposit, your solicitor will usually have 20 working days (28 days in total) to complete the necessary paperwork, provide the balance of the property price and complete the purchase. Once completed, you will receive the keys for your new property.

With Homeward Legal you can always rely on us to be transparent. We're firm believers in providing fixed legal fee conveyancing. 

So, be assured that the quote we give you for your solicitor's legal fees is the price you will pay. 

Based on the information you give us, we will also outline any disbursements, charges and fees that must be paid to your solicitor on top of their legal services. 

You'll need to factor in your own conveyancing and survey costs, plus stamp duty fees if the property is over £250k. In some cases, there will be a buyer's premium to be paid to the auctioneer and you may also be charged seller's legal costs, search fees and auction fees. These costs should be listed in the seller's auction legal pack.

Similar to residential freehold, a freehold commercial property means the title (ownership) of the property and land belongs to the freeholder (owner). Leasehold is an interest in the land or property created by a lease. The leaseholder is a tenant who pays rent and has the right to occupy the land or property for a fixed period. Many commercial properties are occupied by tenants with a lease, meaning anyone buying or selling that property must take account of the leaseholders’ rights.

At Homeward Legal, we work with expert property law firms across England and Wales who have vast experience in commercial property conveyancing. Our partner firms can help with sale or purchase conveyancing, drawing up new leases and help to transfer existing leases. They will offer expert legal advice and support to all commercial clients in every transaction. 

On top of the legal costs of conveyancing, there are a number of other commercial conveyancing fees to consider when purchasing business-related property. Anyone buying commercial property can also expect to pay Stamp Duty Land Tax on the transaction. There might also be fees for any building survey you might instruct. Buyers can also expect to pay for property searches, bankruptcy search fees, Telegraphic Transfer fees (bank) and Land Registry fees. The property searches might include a local authority search, drainage and water, environmental, HS2 and mining. Commercial property searches are more expensive than their residential equivalent. When you get a no-obligation quote from Homeward Legal for commercial conveyancing, we will detail the cost of all searches and additional charges that you might expect to pay, giving you full information on the expected total cost of your transaction.

Yes, you should always take professional advice on leases. Leases are a complicated area of the law, and any change to the condition of one could have expensive consequences if not done properly. Specialist commercial conveyancing solicitors can help negotiate new terms correctly, ensuring your interests and those of the lessees are protected. You can get a no-obligation quote from Homeward Legal for creating new leases and transferring a lease, ensuring you have an expert professional by your side.

Instructing a building survey when buying commercial property will give you peace of mind that the property is worth what you are paying. A survey carried out by a RICS chartered surveyor will give you an expert opinion on the condition of a property and identify any structural or other issues. Talk to your commercial conveyancing solicitor about your building survey options.

Depending on the value of the commercial property or land you are buying, you may be liable for Stamp Duty Land Tax (SDLT). This is a land levy payable to HMRC on completion of a purchase transaction. SDLT is paid on a sliding scale depending on the value of the property. For example, all transactions up to a value of £150,000 in England are exempt from SDLT. For transactions between £150,001 and £250,000, purchasers will pay 2 percent of the purchase price in SDLT. Your conveyancing solicitor must file a return for SDLT with HMRC within 14 days of completion. You can find out more about SDLT rates here.

In the commercial property market, purchasing a commercial unit with tenants in place is referred to as “in situ”. Where the property is known to be leasehold, your conveyancing solicitor will receive details of any tenancies from the seller’s solicitors. The tenants’ lease agreement with the previous owner remains in place until a new agreement is drawn up with the new owner. Where the property is freehold, your solicitor should check at the Land Registry for any registerable leases. These are leases that run for more than seven years. Short leases that run for less than seven years are not registerable and will not be included on the Land Registry charges register.

Anyone selling commercial property will be asked to complete a set of Commercial Property Standard Enquiries (CPSEs), which are a standard part of pre-contract conveyancing. These comprehensive enquiries were introduced in 2002 to help speed up commercial conveyancing. The information contained in the CPSEs will allow the buyer to make an informed decision about the property’s value. The seller does not have to complete the CPSEs, but where they are completed, the seller has a legal duty to answer truthfully and accurately in replies and not misrepresent the property. The seller must also disclose any latent defects affecting the property.

Generally, unless the seller has misrepresented the property you've purchased, which could potentially allow for you to make a legal case against the seller for breach of contract, you are unable to simply get out of a house auction contract. 

If you change your mind after your bid has been accepted, you will lose your deposit and you must also pay the auctioneer's fees.

An auction legal pack for solicitors is similar to the draft contract that is used in conventional conveyancing. However, this document contains crucial information about the land or property and specific conditions of sale that could affect any decision to buy.

Buying property at auction is considered a risky venture for most mortgage lenders. Indeed many properties are being sold at auction because no mortgage can be secured on them.

That's why it's important for anyone who needs a mortgage to buy at auction to have their finance in place. It means a minimum of having a mortgage agreement in principle (AIP) in writing from your lender. 

Yes, you can usually inspect the property's condition before the auction during designated viewing times. However, getting a formal survey before the auction might not always be feasible due to time and cost constraints. 

It's advisable to carefully review the legal pack and seek professional advice if there are concerns about the property's condition or any structural issues.

Yes, hiring a solicitor when buying at auction is highly recommended. A solicitor can offer legal advice, review documentation, and make sure that all legal aspects are handled appropriately during this process.

Yes, a deed of trust is a legally binding document that outlines the ownership structure or beneficial interests in a property. When properly executed and signed by the involved parties, it holds legal validity and can be enforced in accordance with the terms stated within the document.

Legal ownership is typically confirmed through official documents like those held by the Land Registry in the UK. However, a deed of trust can specify beneficial interests or ownership structure among parties involved.

A Deed of Trust that doesn't affect the mortgage lender's security and doesn't require the lender's consent. When drawing up the Deed of Trust, your solicitor has an obligation to act in the best interest of you, their client, and also the mortgage lender during the purchase of property. 

Because the Deed of Trust can be drafted either during the conveyancing process when you bought the property, or at a later date during your ownership, the question of whether your mortgage lender needs to be informed of the deed is one that only your Deed of Trust solicitor can answer. This is because each situation is different.

Yes, you can have a deed of trust as joint tenants. A deed of trust can specify the ownership shares or interests of joint tenants in a property. It outlines each tenant's rights and responsibilities regarding the property. 

It's important to ensure the deed accurately reflects the intentions and agreements between joint tenants to avoid potential misunderstandings or disputes.

A deed of trust can be overturned as long as all parties are in agreement. If the parties agree, the deed of Trust can be amended, or even waived completely.

If situations change, the deed of trust should be updated to reflect this change, but it cannot be backdated. The deed can be rewritten to reflect the changes, but it needs consent. If you want to make substantial changes to the deed, it is best to get a new one written.

While it is possible to create your own deed of trust for your property, you might find it includes mistakes or is not recognised in a court of law. We recommend you hire a conveyancing solicitor to create your deed of trust, as this way it is legally binding. 

When you hire a solicitor to draw up your deed of trust, you're giving yourself complete peace of mind knowing that you're protecting your investment.

Selling at auction offers both advantages and drawbacks:

Pros:

• Speed: Auctions can be an efficient and fast way to sell real estate, typically occurring within weeks after making the decision to sell. 
• Certainty: Once an auction concludes, its sale becomes binding for both seller and buyer alike.
• Competition: Auctions create an environment of competition between buyers, often driving up sale prices. 
• Transparency: Auctions provide sellers with an accurate reflection of market value of their property.

Cons:

• Costs: There are costs associated with auctions, including marketing expenses and auctioneer fees.
• Risk of Underselling: If a property doesn't garner enough interest or reach its reserve price, it could sell at less than market value.
• No Cooling-off Period: Buyers typically need to commit immediately without the benefit of any cooling-off period, which may deter some potential buyers. 
• Pressure: An auction setting can be stressful for sellers as their outcome remains unknown until their bid is accepted by a bidder.

Selling at auction ultimately depends on an individual's personal circumstances and preferences.

Having professional legal representation during the selling process is highly recommended to ensure an efficient and legally compliant sale process.

While professional legal representation may seem like an unnecessary cost initially, it will save time, 

if a property doesn't sell at auction the property will be moved into a 'post-auction sale' in which interested parties will be invited to make their highest offer on the property and the seller will decide if they wish to still sell. 

If so, any post-auction sale will be agreed under auction conditions, with the same rules, agreements and fees applied as if the house sold during the original auction. 

Therefore, if a house fails to sell at auction initially, it doesn't mean that it's time for the seller, nor potential buyer, to give up hope.

Once an auction bid has been accepted and property sold at auction, sellers are generally legally obliged to complete the sale. 

However, should it not sell at auction, sellers have options including negotiating with bidders directly, relisting it on the market or withdrawing it altogether from sale - however it's vital that sellers fully comprehend and seek professional advice prior to considering such options as withdrawal after an auction.

There doesn't seem to be much difference in the cost of a solicitor or a licensed conveyancer. The latter won't necessarily work out cheaper.

You can learn about the difference between conveyancers and solicitors in our guide.

In most property transactions, any conveyancing fees you owe won't need to be paid until the end of your transaction, after any deposits have been transferred and you've completed. 

In some cases however, some of these disbursements require payment up front, and your solicitor will request payment from you before going ahead.

If something unexpected happens and, for whatever reason, your property transaction falls through, we know this is likely to cause you a fair amount of stress and worry. 

With this in mind, Homeward Legal offers you the protection of No Completion No Fee conveyancing. This means that, if your property purchase or sale falls through at any point, you will not lose any money or the conveyancing fees you may have already paid. 

The average conveyancing fees in 2024 are £1,567 when buying a house and £1,690 when selling a house, at the average UK price of £277,000.

Learn more about conveyancing fees.

Conveyancing should not be attempted solo as it can be an extremely time-consuming and complex process. Most mortgage lenders require you to use a solicitor or conveyancer if taking out a loan for the property you plan on buying.

There are two main differences between a solicitor and a conveyancer. 

The first is their legal expertise. 

A solicitor is likely to have a greater knowledge of property law in its widest sense. But a licensed conveyancer only specialises in the paperwork, contracts and finances if you're buying or selling a home.

The second difference is who regulates them. 

For a solicitor, it should be the Solicitors Regulation Authority (SRA). For a licensed conveyancer, it'll be the Council of Licensed Conveyancers (CLC). 

The important thing to remember is that, despite their differences, you can trust solicitors or licensed conveyancers to take care of legal matters if you're moving home.

Learn more about the differences between solicitors and licensed conveyancers.

In most cases, the costs associated with extending a lease are not tax deductible for personal property owners. 

However, if the property is an investment or buy-to-let, there may be certain tax implications. It's best to consult with a tax advisor for your specific situation.

In most cases, lease extensions cannot be refused if you meet the eligibility criteria (owning the property for at least two years). 

However, disputes over the cost or terms can arise. 

In such situations, negotiations may be required, and an experienced lease extension solicitor can help resolve these disputes.

Extending a lease involves legal complexities, particularly when dealing with issues like marriage value or ground rent increases. Hiring a specialist lease extension solicitor ensures that:

• Your rights as a leaseholder are protected.
• All legal paperwork is properly handled and registered.
• The negotiations with your freeholder go smoothly.

Our expert solicitors have extensive experience in the lease extension process and will guide you through each step with minimal hassle.

While it's possible for cash buyers to bypass the local authority search, doing so is risky. Without a search, you may unknowingly buy a property with legal restrictions, upcoming developments, or environmental risks.

Some councils offer a fast-track service for an additional fee. You can also consider a  personal search, conducted by a private search agent, though ensure your mortgage lender accepts this option.

Search results are typically valid for 6 months. After this period, changes in planning or development may render the old results out-of-date, so new searches may be required.

Yes, you can perform a local authority search yourself, but it's generally recommended to use a solicitor, as they have the expertise to interpret complex results and ensure no important details are missed, helping to protect your investment and save you time.

Yes, local authority searches are highly recommended and often required when purchasing a property. They reveal important information, such as planning restrictions, building regulations, and potential development plans. Not ordering a local authority search could impact your use and enjoyment of the property. 

Also, lenders usually require them before approving a mortgage, and they help protect buyers from unexpected issues that could affect the property's value or usability in the future.

the conveyancing process typically takes between 8 to 12 weeks on average, although this can vary based on individual circumstances. Factors influencing the duration include the chain of transactions, local searches, mortgage approvals, and any legal complexities that may arise during the process. It's essential to communicate effectively with your conveyancer and other parties involved to expedite the process as much as possible. You can also check our guide on how long the conveyancing process takes.

When selling a property, engage a solicitor or conveyancer to manage legal aspects and ensure you have necessary documentation like title deeds, property information forms, EPC, mortgage details, and contracts for sale. These documents and professional guidance facilitate a smooth property sale. Learn more in our conveyancing process guide.

In a property chain, transactions are interconnected, meaning one sale relies on another's purchase. To ensure a smooth transaction: Maintain open communication, respond promptly, collaborate with professionals, prepare documents in advance, and have contingency plans. These actions facilitate a smoother process within the chain. Learn more about factors that can delay completion.

The best time to sell a property can often be in spring and early summer. Warmer weather and longer daylight hours typically attract more buyers, leading to increased market activity during this period. However, the ideal timing can also depend on specific market conditions and personal circumstances. Learn more in our guide on best times to sell a property.

When considering to buy a property, it's wise to: 

• Arrange a property survey to uncover potential structural issues.
• Ask the seller about past renovations or known problems.
• Carefully inspect the property for signs like cracks or dampness during viewings.
• Review the local authority search for property-related notices.
• Consult with professionals like structural engineers or building surveyors for a detailed assessment if you have concerns.

Property surveys assess a property's condition and identify any structural issues or defects. While not legally required, they're highly recommended to understand the property's condition before purchase. There are various types of surveys, from basic condition reports to comprehensive building surveys. Surveys help buyers make informed decisions, negotiate prices, and plan for future maintenance or repairs.

When buying a property, legal steps involve engaging a solicitor or conveyancer, conducting property searches and surveys, finalizing the mortgage offer, exchanging contracts, and completing the purchase. You'll sign documents like the Contract for Sale, Transfer Deed, and Mortgage Deed, overseen by your solicitor to ensure legal compliance. Learn more in our conveyancing process guide.

Yes, you can be part of a shared ownership scheme, which allows you to purchase a share of a property and pay rent on the remaining portion. 

However, you can also buy property jointly with another person (such as a partner or family member) without participating in shared ownership. In this case, you both contribute to the deposit and mortgage and own the property together, with no government schemes involved.

After agreeing on the sale price and conditions, the solicitor prepares contracts. Once both parties sign, the contracts are exchanged. At this point, a deposit is usually paid, and both sides are legally bound to the transaction.

While surveys are not legally required, it's highly recommended to conduct one to identify any potential issues with the property. A survey can help you avoid costly repairs after purchasing.

 If the chain breaks, it can delay or cancel the sale. You may need to renegotiate or find a new property, depending on your position in the chain.

Learn more about delaying factors during conveyancing.

 It's possible to get a mortgage with bad credit, but your options may be limited. Some lenders specialize in providing mortgages for buyers with a history of bad credit, though they may come with higher interest rates.

Yes, you can use the deposit from your sale to fund the deposit on your new property, provided both exchanges happen on the same day. However, if your new home costs more, the required deposit may be higher than what you receive. In such cases, your solicitor might negotiate with the seller's solicitor, but if this isn't possible, you'll need to arrange additional funds. It's a good idea to ensure you can cover this before proceeding.

There a few common problems that can happen when selling a buying a property at the same time.

• Buyer or seller backing out - This is a frequent issue when someone changes their mind. 
• Mortgage delays or rejection – Delays in mortgage approval can cause significant setbacks. 
• Gazumping – A seller accepting a higher offer from another buyer can leave you back at square one. 
• Chain delays – Delays in any part of the chain can affect the entire process. 
• Survey issues – Problems discovered during surveys can lead to delays or even cause the chain to collapse.

Yes, you can sell your shared ownership property and buy another, though the process may vary depending on the specific terms of your agreement. 

You'll need to inform your housing provider and follow the required steps for selling your share. Additionally, you can use any proceeds from the sale towards the purchase of a new home, either through shared ownership or other schemes. 

It's important to seek advice from your solicitor to understand the full process and requirements.

The Land Registry plays a vital role in conveyancing by recording property ownership details in England and Wales. It ensures legal ownership is accurately transferred, maintains property records, and registers new titles. The Land Registry also handles fees and resolves disputes related to property boundaries and ownership.

Conveyancing for shared ownership involves managing the legal transfer of part-ownership while coordinating with a housing association. Key steps include reviewing the lease, securing mortgage approval, and ensuring compliance with shared ownership conditions, ensuring a smooth transaction for both buyer and housing authority.

Learn more in our guide on shared ownership.

Conveyancing for first-time buyers is similar to other transactions but often includes extra guidance. Solicitors may focus on explaining processes like mortgage arrangements and property searches in more detail, ensuring buyers understand key steps. They also assist with first-time buyer schemes or incentives if applicable.

If there's a delay or issue during conveyancing, it may be due to problems like incomplete paperwork, mortgage approval delays, or complications in the property chain. Your solicitor is here to work to resolve these, keep you informed, and ensure the transaction progresses as smoothly as possible despite setbacks.

Learn more about potential conveyancing delays.

For a transfer of equity, you'll need a Transfer Deed (TR1), Stamp Duty Land Tax (SDLT) form (if applicable), an application to the Land Registry, and consent from any mortgage lenders. Additional documents may include identification verification, a Mortgage Deed (if refinancing), and possibly a Declaration of Trust to clarify ownership shares. It's advisable to consult a solicitor to ensure all paperwork is correctly handled.

Yes, a transfer of equity can affect the existing mortgage. If there's a mortgage on the property, the lender's consent is required before the transfer can proceed. The lender may need to assess the financial situation of the parties involved and ensure the remaining borrower(s) can manage the mortgage. In some cases, the lender might require a new mortgage agreement or a change in the loan terms.

The transfer of equity changes the legal ownership of the property, either adding or removing someone from the title. This can affect each party's share of the property, their rights, and responsibilities, including financial obligations such as mortgage payments. It's important for all parties to clearly agree on their new ownership shares and any financial arrangements, which may be outlined in a Deed of Trust.

A new valuation may be required, especially if the transfer involves buying or selling a share of the property. The valuation helps determine the property's current market value. Typically, this is conducted by a professional surveyor or valuer, and the cost is usually covered by the parties involved in the transfer.

Yes, all parties involved in the transfer must agree to the terms. There may be restrictions or complications, such as obtaining consent from a mortgage lender if there's an existing mortgage, or legal and financial agreements that need to be clarified. If there are any disputes or complications, it's important to seek legal advice to ensure the process runs smoothly.

Yes. Online conveyancing follows the same legal requirements and regulations as traditional conveyancing. Digital platforms often add extra security through encrypted communications and better document tracking.

On average, online conveyancing can reduce transaction times by 20-30%, potentially saving 2-4 weeks compared to traditional methods, depending on the complexity of your transaction.

Most properties can be handled through online conveyancing. Unusual properties with complex legal issues might require additional specialist input, though this can still be coordinated through your online conveyancer.

Typically, yes. The reduced overheads and streamlined processes allow online conveyancers to offer more competitive pricing while maintaining high service standards.