Conveyancing & Property LAW GUIDES

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 and the services of a mortgage lender. The...

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 will need to pay for the related services needed...

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, it is important that you understand exactly what...

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 to landlords and tenants and sets out the circumstances...

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 protection for both parties. At its most basic level,...

Options for Reducing Your Inheritance Tax Liability

Inheritance tax (IHT) is regularly referred to as the ‘voluntary tax' because there are a number of ways in which you can reduce the amount of IHT that you are liable for without breaking the law. IHT is currently payable at a rate of 40% on the...

Buying a New Build Property - What You Should Know

No matter whether you are a first-time buyer, moving to a bigger family home or looking for a retirement property, buying a home is both an exciting and stressful time. One of the first considerations you are likely to make is whether to look for a new...

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 to a person's main residential house, private...

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 variety of different mortgages available. Some...

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 encumbrances must be communicated to the buyer, and...

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 some circumstances, these agreements are enforceable...

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...

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 transaction. The conveyancing process begins as...

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 type of procedure you must follow will depend...

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 terminology that might be used. This article...

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 stressful for all involved. The following guide...

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. These factors can also influence the type of application...

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 when they enter retirement. Equity release can...

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...

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 in the property. This enables owners to address...

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. Furthermore, overgrown trees and hedges can have a...

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 outstanding amount, and if you are unable to pay...

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. These rights are set out in General Development...

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 against the person responsible for causing the...

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. There are likely to be more planning controls for...

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 can be arranged and maintained in a fair, safe...

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 level of need. The following guide offers information...

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 a property using a mortgage and the value decreases...

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 on mortgage repayments, or you are worried that...

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 arrange a leasehold extension. It is therefore often...

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 in residential properties is illegal and could...

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 further damage, it is important to address the situation...

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 or something is missed, the costs can be significant....

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 the government-backed scheme known as 'Help to...

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 be met irrespective of tenancy type. This guide...

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...

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 stressful, but there is help available. The following...

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 be a stressful situation for both parties, and if...

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 offers protection to gypsies and travellers through...