Residential Conveyancing

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Residential Conveyancing is the term for the legal and administrative process that comes with buying, selling or mortgaging a property or piece of land. All property sales require the reliable and well-informed advice of a residential conveyancing solicitor.

 

You will have a direct line straight through to your legal team, and direct email addresses. You can guarantee that your query will reach the right people.

We're a Conveyancing Quality Scheme accredited firm providing conveyancing to clients. This is a guarantee that our processes and procedures have been approved, that we operate to a certain standard, and is a mark of the excellence of our service approved by the Law Society, the body which represents solicitors throughout England and Wales.

We are on the panel for most major lenders, and many smaller ones too. Whether you want to use your local Building Society or one of the larger corporates, chances are we have you covered. Please get in touch for further details for our list of panels who we work with.

The question from majority of our client’s is how long their conveyancing transaction shall take. Typically, a conveyancing transaction can take anywhere from 2 weeks to a few months to complete depending on a number of factors

 

 

Fee transparency

Our fees are transparent and, so long as the situation does not change (for example so long as your property doesn't turn out to be leasehold when we thought it was freehold) the fee we quote is the fee you will be charged.

We don't add extras on for things like photocopying, postage, or the like. Those are our overheads and we don't pass them on to you.

In brief, you get an excellent conveyancing service at an affordable price. You don't have the risk of going to the cheapest providers, most of whom aren't even solicitors

Purchase Transactions from: £750.00 plus VAT. (Price is dependent on additional work carried out, risk, value of transaction and complexity)

Sale Transactions rom: £650.00 plus VAT (Price is dependent on additional work carried out, risk, value of transaction and complexity)

Remortgages from: £650.00 plus VAT (Price is dependent on additional work carried out, risk and complexity)

General From: £550.00 plus VAT (Price is dependent on additional work carried out, risk and complexity)

BUYING 

Harlington Law can guide you through your dealings with estate agents, other people in the chain, your surveyor and your mortgage lender once you have found a house or a flat to buy

We will explain to you the legal rights and obligations which you will be acquiring, and the certain rights which others might have over the property. 

If you are buying a leasehold property, we will advise you of your rights and duties with regard to a management company or neighbouring tenants.

We will ensure the right legal questions and enquiries are raised on your behalf. We will also ask the seller's representatives/solicitors to answer any questions or concerns you may have.

If you are obtaining a mortgage, we will advise you of the effects of the conditions in your mortgage offer. We will also ensure that any specific conditions and requirements of your Mortgage lender are satisfied.

Prior to exchanging contracts, we will discuss completion dates with you to ensure that they are convenient. On the day of Completion we will ensure that we have the money necessary to purchase the property on your behalf. We will deal with the mortgage, the completion of the purchase and with registration of your title at the Land Registry.

We will also send you a report on our findings prior to exchange of contracts. This will give you a report on the official title register, plan, contract, transfer deed and the Searches that we will carry on your behalf.

Once registration is complete we will forward copies of the updated title entries/register to you for your records.

SELLING 

Selling your property can be both stressful and confusing. Usually a sale involves a chain of transactions which extends beyond your and our immediate control.

We understand the importance of communicating with everyone involved in the process, the importance of acting quickly to minimise delays and most importantly in providing a quality and value for money service.

We will help co-ordinate the necessary timescales. To ensure the most efficient sale we advise that you contact us immediately prior to placing the property on the market, this allows us to provide you with impartial advice at the earliest possible stage in the transaction and will reduce the risk of problems occurring in the later stages.

Having a realistic assessment of the costs and timescales involved in the process at the outset helps to minimise anxiety and uncertainty during the transaction. 

As soon as you decide that you wish to sell a property, Harlington Law will be happy to discuss the mechanics of the sale with you. We will obtain the official title register deeds in respect of your Property to ensure that, once a buyer has been found, we can send out the draft contract papers as quickly as possible.

We will advise you on your dealings with any estate agents involved and with other people involved in the chain of transactions.

Having prepared and sent a contract out to the solicitors acting for the prospective buyers, we will help you to answer any questions raised by them.

We will discuss possible completion dates with you and ensure that those dates tie in with any related transactions and are suitable for you. Following the exchange of contracts, we will liaise with any mortgage lender you may have to ensure that the mortgage is paid off and redeemed on completion. 

On the completion date, we will account to you for the balance of the sale proceeds.

REMORTGAGES 

Whether you want to switch to a better mortgage rate, or simply raise capital, we can help you to complete your remortgage quickly and efficiently.

The legal process for remortgaging is simpler than your original purchase, however, there are still a number of checks and requirements to overcome before you can release your funds and Harlington Law have an experienced conveyancing team that can assist with your remortgage of freehold, leasehold or buy-to-let properties.

If you are thinking about remortgaging or would like to speak to a member of our team, please get in touch. 

What is the process?

Once you have completed and returned paperwork, we will apply for your up-to-date title documents from the Land Registry plus any historic deeds or documents which might still be held by your existing lender. We will then carefully review the title document to ensure there are no issues.

You will receive your written Mortgage Offer and we will then send you our written report including the Mortgage Deed for you to sign and return to us.

Once the new lender’s requirements are met we can agree on a completion date and obtain a final redemption figure from your existing lender.

We will request the funds from your new lender and will pay off your existing mortgage and send any surplus funds to your account. If we do not receive enough funds to cover your previous mortgage, we will request a shortfall from you.

We will register your new mortgage at Land Registry and let you know when this has been done.

Harlington Law can help you with any remortgage or refinancing, from a first-time remortgage to buy-to-let property portfolios.

ISLAMIC FINANCE 

Our specialist solicitors are highly experienced in advising on Islamic Mortgages and Finance.

The Islamic Finance team advises on a wide range of Shari’ah compliant finance facilities, including ijara (finance and operating leasing arrangements) and musharakah (partnership financing).

Our Islamic finance specialists act for a variety of customers and banks, and have particular expertise in the buy to let sector with companies buying for investment purposes.

We are able to advise on the differences between Shari’ah compliant funding arrangements and conventional facilities and the potential benefits and technical risks to a customer.

Our Diminishing Musharakah transactions involve the establishment of a partnership arrangement where the bank jointly buys and then transfers ownership of a property to the customer over time.

We provide highly respected and comprehensive legal advice for clients engaging in Shari'ah compliant operating and finance leases of residential and commercial properties.

LEASEHOLD – EXTENSIONS AND ENFRANCHISEMENT 

Extending your lease is an important part of owning a leasehold property however it can be confusing to navigate.

If your lease has 80 years or less remaining, this may affect your ability to sell. If this is not addressed, it can become a burden on your finances as the lease term gets shorter.

We act for both landlords and tenants advising on the various legal aspects of leasehold enfranchisement law including:

  • Lease Extensions for both flats and houses.
  • Collective enfranchisement (i.e. freehold of a block of flats).
  • House enfranchisement (freehold of a house).
  • Right to manage.
  • Tenant’s right of first refusal.
  • Freehold sales.

Under The Leasehold Reform Housing and Urban Development Act 1993 qualifying leaseholders can apply to extend their lease by adding  90 years to  the current unexpired term. A premium would be payable to the landlord for the extension. It would be prudent to consider making  an application under the Act to extend a lease prior to a lease reducing to 80 years . This procedure is open to all leaseholders who meet the qualification criteria and would not require the co-operation of the other leaseholders in the  building or estate.

Right to Enfranchise 

The Leasehold Reform Housing and Urban Development Act 1993 provides the right for the leaseholders to join together to Purchase the Freehold of their building.

Subject to the application meeting the qualification criteria under the Act the Freeholder cannot object to the sale.

Once the Leaseholders have purchased the freehold of the building they will then become responsible for managing the building. On purchase of the freehold of the building the tenants who have taken part in the purchase of the freehold often consider extending or varying their individual leases.

SHARED OWNERSHIP 

Shared Ownership schemes are provided through Housing Associations and are an brilliant way of buying your own property when prices throughout the country are so high.

Shared ownership is a cross between buying and renting and is usually aimed at mainly first time buyers.  You are able to buy a share of your home, usually from 25% to 75% of the home’s value, and pay rent on the remaining share.

You will need to take out a regular mortgage to pay for your share of the home’s purchase price and Shared Ownership properties are always leasehold, not freehold. There are also options to purchase a larger share of the property at a later date.

You will need to speak to your local Help to Buy agent to see if you qualify for these schemes. We will be able to help you with all of the necessary legal matters relating to purchasing a property and ensure that you are taken care of with skill and understanding as we know that you will want to complete your purchase as soon as possible.

TRANSFER OF EQUITY 

A transfer of equity is required to amend the ownership of a property by adding or removing an owner. It can also take place subject to an existing mortgage or financial arrangement. Transfers of equity are subject to stamp duty so it's important you contact Harlington Law to discuss this prior to engaging in the transfer.

Typical scenarios of when a Transfer of Equity may happen are on a breakdown of a marriage or civil partnership and either the Court orders or it is agreed in matrimonial proceedings that the property is to be transferred from the joint name of the couple to a sole name.

Another scenario could be that when the partner of a couple move into a property owned by the other and they wish to put the property into their joint names. One point to remember is that if there is a mortgage secured on the property, consent from the Lender will be required before proceeding with any Transfer of Equity.

TRUST DEEDS 

As part of preparing a tax-efficient Will, we can provide guidance on setting up a trust to avoid or reduce your Inheritance Tax or Capital Gains Tax liability.

By gifting to trusts in your will, you can ring-fence some or all your assets to prevent them from being considered for some purposes such as a divorce settlement.

NEW BUILD PURCHASE 

With Harlington Law you’ll have a dedicated New Build solicitor who has expertise acting for purchasers buying New Build properties for years.  We can act under the tight deadlines often imposed by developers and we promise to keep you informed at every stage of your transaction. As part of the transaction a report shall be prepared and sent to you with copies of all the relevant documentation while advising you on planning, building regulations, the adoption of the roads and sewers, the access rights for other services and on the new build warranty provided.

The Government created a Help to Buy scheme in 2013 to help people get on the housing ladder and buy their own homes.

Equity loans are open to both first-time buyers and home movers on new-build homes in England with a purchase price up to £600,000. With an equity loan you’ll need to contribute at least 5% of the property price as a deposit, the government will give you a loan for up to 20% of the price and you’ll need a mortgage of up to 75% to cover the rest.

Mortgage guarantees helps people who fit the criteria buy a home with a deposit of 5% of the purchase price. It’s open to both first-time buyers and home movers for new-build and older homes in the UK with a purchase price up to £600,000. The mortgage guarantee works in the same way as any other mortgage agreement, except that under the scheme the Government offers lenders the option to purchase a guarantee on mortgage loans. Because of this support, mortgage lenders are able to offer home buyers more high-loan-to-value mortgages of between 80-95%.

As always in any property purchase, you will still be fully responsible for your mortgage repayments, so with a 5% deposit, you will need to take out and pay back a 95% mortgage.

IF YOU HAVE A QUESTION
THEN GET IN TOUCH