Conveyancing & Property LAW GUIDES

Conveyancing is the term given to the legal process of buying or selling a property. Conveyancing is a notoriously complicated process and requires the advice and guidance of an expert solicitor. Both the seller and the buyer will instruct a solicitor to complete the conveyancing requirements. This will lead to a quicker and smoother sale and limit any discrepancies in the sale terms. The following guides provide detailed information on what both the seller and the buyer can expect when beginning and moving through the conveyancing processes. By having this understanding, those dealing in a property purchase are better prepared to manage their expectations and timeframes successfully.

How to Check Crime Figures in Your Neighbourhood

Have you ever wanted to check out the crime figures in your neighbourhood? Perhaps you are moving to a new area that you're not familiar with, and want to make sure you aren't moving to a bad area? Fortunately,...
Can I be legally forced to sell my house?

Although the chances of you ever being forced to sell your home unwillingly are very slim, there are occasions when you might have no choice. Whether this is due to domestic issues, construction plans or travel ways, there are times when your property...
A Guide to Mortgage Payment Holidays

Circumstances outside of your control can often have major impacts on your ability to maintain payment arrangements with creditors and this can be incredibly stressful. If you have a mortgage and your financial situation changes in a negative way, you...
Who is Responsible for Repairs During Property Tenancy?

Both tenants and landlords often get confused about their legal responsibility, and the lines can get a bit blurry when it comes to repairs. As a general rule, the landlord is responsible for any major repairs, while the tenant has an obligation to keep...
What documentation do I need to give an estate agent when buying a house?

It is easy to get caught up in the complicated details of buying a house, so the finer details like legal documents can often get overlooked. Regardless of whether you are buying or selling, there are always two documents that will kickstart the transaction;...
How will the Corona Virus affect the housing market?

Since the start of the pandemic, approximately 370,000 property sales at a staggering value of £82 billion were put on hold due to the lockdown, and the government warns that there is no return to normality in the property market just yet. Markets...
Common Errors When Buying a New Home

Shopping for a new home is a dream come true for many, especially as a first-time buyer. It is exciting, but also a little bit daunting. Buying a home comes at no small price, and first-time buyers can make any number of mistakes due to inexperience....
Problems paying your mortgage? Here is what you should do

Struggling to meet your mortgage repayments can be incredibly stressful and can lead to severe financial difficulties. If it is unlikely that you can rectify your financial problems after falling behind...
Contract Exchange and Completion When Buying a Home

Both parties in a house purchase, the buyer and the seller, are legally able to pull out of the deal right up until the contracts are exchanged. This can make the house buying and selling process incredibly...
Different Types of Mortgages Explained

A mortgage is the type of loan that a person will apply for to enable them to purchase a property. Likely to be the biggest financial liability that any person has during their lifetime, there are a wide...
Can I use more than one estate agent when selling my home?

It is not a question of "can you" but rather a question of "should you" employ more than one agent when you sell your home. It is entirely up to you to decide this, and your decision will impact how much you pay in estate agent fees. Instead, it is better...
What Can You Do About Nuisance Neighbours?

Any distraction to the enjoyment of your own home can be draining, stressful and consuming. However, when the nuisance relates to your neighbours, the emotional distress can be second to none. The ideal perception of warm and respectful neighbours is...
Guide to Tenancy Agreements

A tenancy agreement is a legal contract between a tenant and landlord and can be written or verbally agreed. The tenancy agreement details the rights that both the landlord and tenant have and offers...
How to Make a Complaint Against Your Landlord

Renting a property comes with its advantages, one being primarily that you are not liable for any major repairs. However, in some cases, unfortunately, it will be necessary to make a complaint against your landlord if they are not taking up their maintenance...
Equity Release - Options for Releasing Equity from Your Home

Equity release allows people to access the equity or financial sums that are tied up in their homes. This option is only available to people who are over the age of 55 and is often used to support people...
Garden Bonfire Laws and Restrictions

The law does not make specific provisions for restricting when a person can have a garden bonfire. However, in some circumstances, lighting a bonfire in your garden may be considered to be a ‘nuisance',...
Law on Gypsies, Travellers and Unauthorised Encampments

All authorities, and predominantly local councils, must accept the rights that gypsies (also known as ‘travellers') have, even when they are required to enforce removal from private land. The law...
How Do I Go About Evicting Tenants?

Landlords do have the right to evict tenants from their property, but there are a great many rules and regulations that govern the process. You cannot simply come a-knocking and throw the tenants out by the scruff of their necks. Unfortunately for you,...
Pros and Cons of New Build Properties

The process of buying a new home is exciting, and there are many factors at play. Where do you want to live? How many bedrooms would you like? Do you want a squeaky-clean fresh build or an older home with more character? For a home to be considered "new",...
Accelerated Possession Orders

If you are a landlord and want your tenants to vacate the property, there are strict criteria that you will need to abide by. Failing to do this can mean you are guilty of illegally evicting your tenants....
The Law on Squatters

Owning a property that stands empty for any amount of time brings with it the potential threat of squatters. This means that a person or people move into your property unlawfully and inhabit it. Squatting...
What Documents Do I Need to Rent a Property?

The process of house-hunting is stressful in itself without the added element of paperwork. The task can be even more daunting for foreigners, as the paperwork required to rent a property in the UK is extensive. However, preparation is key to save time...
How Much Does It Cost to Rent a Property?

Before you commit to your property search, you need to know what you can afford. It is so easy to under-budget if you simply expect to pay the rental and moving costs, but when it comes to renting a property, there are many unforeseen costs, especially...
Why bother with a pre-sale house inspection?

For most of us, first impressions count, and this holds especially true if you are in the housing market, eagerly looking for that dream home. The architectural details, modern fittings, and floor coverings might be the first thing that catches the eye,...
What is Property Gazumping and Gazundering?

Gazumping refers to incidents when an offer has been accepted for the purchase of a property and the buyer proceeds with their purchase by instructing a solicitor and potential pays for searches, valuations...
Can I legally kill pests and vermin on my own property?

Suffering from pests on your property can be very upsetting and comes with a host of concerns and nuisances. Whether you have an influx of insects or rodents are causing you a nightmare, you have options as to how to remove them and control them coming...
Joint Tenancy Vs Tenancy in Common - What Option is Right For You?

Buying a property can be one of the most exciting and poignant times of your life. To ensure that the transaction is successful, buyers should be confident that they understand the sometimes complex conveyancing...
Should I Take Out Buildings and Contents Insurance?

Buildings and contents insurance, also known as home or house insurance, is a cover that can be taken out to cover the cost of damages and loss within your home. As a homeowner, you are likely to prioritise home insurance by way ensuring that what's...
Landlord and Tenant Rights

In order to protect both the landlord and the tenant, the law sets out a number of responsibilities, obligations and rights for each party when a rental agreement is signed. These rights mean that a tenancy...
What is private nuisance?

A private nuisance is the term used to refer to an ongoing, continuous, indirect and illegal interference with the enjoyability of other people's land. It is a civil offence, and legal action can be taken...
How to Make a Pre-Auction Offer on a House

First of all, not all properties can be purchased privately through a pre-auction sale. Some sellers will require the property to be sold publicly, in the auction room. That said, when you aren't restricted to the auction room, nothing is stopping you...
Tenancy Deposit Protection Schemes

All landlords are legally obliged to hold tenant deposits in an approved Tenancy Deposit Protection Scheme (TDPS). The law dictates that landlords who let properties through an assured shorthold tenancy which began from 6th April 2007 are obliged to...
How Japanese Knotweed Can Affect Buyers and Sellers of Property

Japanese knotweed is a fast growing and invasive plant that can cause significant damage to land and property. For anyone who wants to sell or buy a home that has Japanese knotweed, implications can be...
Can A Landlord Be Held Liable for A Tenant's Injuries?

UK law clearly stipulates that landlords owe a duty of care to the safety of their tenants, which means that landlords must take all reasonable steps to make sure that the property is liveable and safe. Despite all the regulations in place, a staggering...
How to Complain About Poor Building Work

Being the victim of poor building work can be incredibly disappointing, leading to inhabitable property, significant financial loss and emotional distress. In order to reach a resolution and minimise...
How do Help to Buy Schemes Work?

With house prices as high as they are, getting your foot on the property ladder can be incredibly difficult for first-time buyers. If you find yourself in this position, support may be available through...
Can My Landlord Enter the Property Without My Permission?

While the landlord still owns the property, many wrongly assume they have automatic legal rights to access their property without prior arrangement. However, entering the property on a whim is illegal, and under the Protection from Eviction Act, your...
Buy a new home then sell the old one – or vice versa?

Generally, most people sell their old home to fund the purchase of a new one, which starts a conveyancing chain. Trying to buy and sell simultaneously is a balancing act, so potential buyers may choose to sell their property first – or vice versa....
Legal Responsibilities of a Landlord

Landlords have numerous obligations and responsibilities to their property and tenants. The tenancy type dictates the responsibilities that the landlord has, but there are general obligations that must...
What Are the Advantages of Renting a Property?

Opinions on whether to rent or purchase a property remain split, but the decision is ultimately a personal one, depending on your circumstances and requirements. There are plenty of advantages to renting, especially in the current financial climate....
How Long Does it Take to Buy or Sell a House?

Unfortunately, when it comes to buying or selling a home, it takes as long as it takes. There are no shortcuts, and the process can get increasingly frustrating, especially when there are hold-ups at different stages. How long it takes to buy or...
Can I Swap My Council House?

It may be possible for you to swap your council house or housing association property with another tenant. There are strict rules to follow to do this, but you may be able to move to a more suitable or...
My Tenant Damaged My Property – What Should I Do?

Every landlord dreams of reliable and contentious tenants, but it only takes one careless occupant to cause damage to your investment. While a tenant pays rent for the right to remain on the property undisturbed, you remain the owner who is ultimately...
Buying a Leasehold Flat - What you Need to Know

The majority of flats that are sold in the UK are on a leasehold basis. This means that the buyer will own the flat but not the land that it is situated on. If you are considering buying a leasehold flat,...
Leasehold Extensions Explained

Leases allow people to use a property for a set period of time in exchange for payment to the owner. As a lease term decreases, the value of the lease declines and in turn, it becomes more expensive to...
What Is the Best Way to Rent - Through a Letting Agent or Direct with a Landlord?

Many prospective tenants will face this dilemma at some point – should you rent through an agent, or directly through the landlord? There is no simple answer. Both options have their pros and cons, so it comes down to your own personal requirements....
Can energy providers hike costs during the term of a contract?

Energy prices are one of today’s greatest concerns and utility bills are amongst one of the most common complaints to debt charities and advice companies. Trying to understand your usage and costs can feel like a minefield and then with a host...
What are Conveyancing Disbursements?

Once a quote from a conveyancing solicitor is received, multiple items will be shown which are referred to as ‘disbursements.' The disbursements are all of the fees and the taxes that the solicitor...
Choosing the Right Conveyancing Solicitor

The complexities of buying a house can be frustrating, time-consuming and emotive to say the least, and receiving the best support when buying or selling a property can make a significant difference to an individual's experience. The financial commitment...
Using CCTV for Home Security – What You Need to Know to Stay Legal

The UK is one of the biggest users of CCTV, with security cameras being a regular feature on high streets and in the vast majority of shops and supermarkets across the country. In fact, the British Security...
How to Legally Evict a Tenant

Evicting a tenant can be a complicated undertaking, and there are a number of legal considerations that must be made to ensure that the process is reasonable and fair. The law serves to offer protection...
The Law on Adverse Possession of Land

Adverse possession of land is the term given to describe a situation where a person is occupying land that belongs to someone else without having the owner's permission to do so. Adverse possession can...
Private Residence Relief When Selling Property

If you are planning on selling your home, private residence relief will often mean that you won't be liable to pay capital gains tax on any profit you have made on the sale price. Although it mainly applies...
Questions to Ask When Evaluating a Rental Property

Searching for that ideal home, especially one that meets the bare minimum criteria at the right price, can be an exhausting albeit exciting experience; an experience that we all have to face at some point. Finding that dream property can be especially...
Can I Port My Existing Mortgage to A New Property?

If you are looking to move to a new home, but you have an existing mortgage, there may be some good news; if you have a portable mortgage you can simply take your mortgage with you. With a portable mortgage, you can transfer it from one property to another....
How to handle property issues not disclosed during the purchase?

Due to the financial investment that comes with buying a property, it would only be common sense that you want the best bang for your buck – you need to know there is nothing majorly wrong with your new property, and if there is, how much it will...
How soon can I sell a house I just bought?

Buying a home is, in most cases, considered a long-term investment, but life happens, and sometimes, new owners are forced to sell. It can be due to changes in their financial situation, relocating or buyer’s remorse. The actual reason is irrelevant,...
What Are Conveyancing Property Searches?

Conveyancing searches offer a wide range of information for those buying property and serve to protect people from bad investments and the hidden vulnerabilities of a building. If searches are not conducted...
Why do I need to provide proof of funds when buying a house?

As per the Property Ombudsman Code of Practice, estate agents or sellers need to take all reasonable steps to determine how you intend to pay for the property once the offer has been made. The source and availability of funds can involve: The sale of...
Stamp Duty Rates and Requirements

Stamp Duty is a tax that has to be paid whenever a person buys a property or a piece of land in England or Northern Ireland that costs over £125,000. Sometimes referred to as Stamp Duty Land Tax,...
Burglary Laws Explained

The laws relating to burglary are outlined in Section 9 of the Theft Act 1968. The act sets out the offences that constitute burglary and how authorities can establish that a crime was committed. Unfortunately,...
Buying a House - A Guide to the Conveyancing Process for Buyers

Conveyancing is the legal term given for the process of buying and selling a property. Conveyancing is a notoriously complicated area and so a solicitor is imperative to ensure a successful and faultless...
Tips for Improving Your Credit Score Before Getting a Mortgage

When you apply for a mortgage, the potential lender will assess you as a borrower by looking at your past financial behaviour. Your lender will look at various pieces of data, such as how much you owe, what credit you have, and how you have settled these...
What is Negative Equity and What Can You Do About It?

Negative equity is the term used to describe a property that is worth less than the mortgage loan that is secured on it. Negative equity is normally caused by falling property values, when a person buys...
Divorce - What Happens to the Family Home?

When a couple gets divorced or dissolves their civil partnership, one of the most important financial considerations that must be made is what to do with the family home. Couples have a number of options, and a solicitor can support clients in reaching...
Important details to consider when on the market for a new home

Considering the financial implication of buying a new home, it is surprising how little time people spend actually viewing a home before making an offer – anything between 20 to 30 minutes on average. Some people take longer to decide on a pair...
Permitted Development Rights Explained

A person who owns a property and who plans to extend, improve or carry out work on the building should understand Permitted Development rights in order to ensure that any action that they take is lawful....
Buying a Second Home - Everything You Need to Know

Many people fantasise about owning a second home, be it a cosy cottage in the country, a home away from home, or purely as an investment. If you are in the fortunate position to increase your property portfolio, there are not many disadvantages, and...
House Repossessions Explained

Your home could be repossessed if you fail to meet the payment terms set by your mortgage lender. If you go into arrears with your mortgage payments, your lender will contact you to seek to recover the...
What Factors Can Affect Planning Permission?

When it comes to planning applications, whether it be for an extension to an existing home or a new build property, there are a range of factors that can affect whether permission is granted or refused....
Light Pollution Laws and Statutory Nuisance

Light pollution is the term used to describe artificial light that illuminates areas that are not meant to be lit. This can be considered as intrusive if the light is excessively bright or shines into...
Declarations When Selling a House

When a person sells a property in the UK, they have a legal obligation to make a buyer aware of any damage or defects with the property prior to the sale. The law stipulates that any latent defects or...
A Guide to Emergency Housing from the Council

If you become legally homeless, your council is obliged to help you. The amount of help that you receive will depend on your eligibility, whether you are homeless through your own fault and your personal...
Buying a house at auction – all you need to know

Auctions are perfect if you want to avoid the lengthy process of traditional house-buying, and eliminate a potentially tedious conveyancing chain. It is also the ideal place to find unusual or unique properties that an estate agent will not generally...
Buying Property in a Conservation Area

Purchasing a property in a conservation area can lead to a number of considerations, implications and possible restrictions and buyers should be aware of these before initiating the purchase process....
The Technical Jargon Every Tenant Needs to Know

Looking for the perfect place to rent can be exciting, and when you finally find that dream property, it is easy to get swept away and ignore all the foreign-sounding technical terms. You can get lost in the legal mumbo-jumbo, but it is important to...
Guide to Restrictive Covenants on Property

Restrictive covenants on property are important legal agreements that can affect not only the parties signing them, but also the parties that purchase or inherit property with restrictive covenants. In...
Landlord Access Rights when the Property is Let

Most landlords and tenants prefer to minimise the need for landlord visits during a tenancy. The majority of tenants would prefer to live in a property as if it were their own and most landlords are keen...
A Guide to Energy Performance Certificates

An Energy Performance Certificate (EPC) provides information on the usage of energy in a home or business premises. The certificate provides buyers with useful information on the usage and costs of energy...
Firework Laws and Regulations

Fireworks are enjoyed by thousands, if not millions of people across the UK every year to celebrate special occasions and add a sparkle to parties. But what does the law say about the purchase and use...
The Law on High Hedges, Trees and Overhanging Branches

Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. The poor management of greenery can lead to disputes and hostile interactions between neighbours....

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