Residential Property

It is often said that buying and selling a house can be one of the most stressful times, but we are here to change that.

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“Our specialist Residential Property Team offers a first-class service and legal advice in all aspects of conveyancing, one that is designed to make the process of buying or selling your personal property as efficient and stress-free as possible. We ensure the highest standards and provide our clients with a friendly, professional, and personal, service”.
Julia Ludlow, Associate, FCILEx

The Residential Property team

Our job at Nash & Co is simple: we are here to help you by using our experience and know-how in all aspects of sales and purchases, including the Government’s Help to Buy Scheme, Help to Buy ISAs, Forces Help to Buy Scheme, new build properties, remortgages, transfers, Buy to Let properties – no matter how complex the transaction may be. We are extremely proud to have a large number of long-standing clients who always turn to Nash & Co Solicitors when they need conveyancing help or advice.

And the advice?

We have been providing conveyancing services for many years, so we know that it’s the small things that others may take for granted that really matter and that’s why we provide you with clear advice, regular updates and a transparent pricing structure where there are no hidden fees. And we’ll help navigate through the language and detail of the searches and surveys to exchange and completion. We use a bespoke case management system and are accredited under the Law Society’s Conveyancing Quality Scheme (‘CQS’). This Scheme provides a recognised quality standard for residential conveyancing practices.

As part of our transparency on the costs of buying and selling residential property, we have put together a list of Frequently Asked Questions regarding the fees and the various processes involved. You can find these below. If you have any other questions however, please don’t hesitate to call us on 01752 827069.

How do I find out more?

Get an instant quote for your residential property conveyancing now, or speak to the team by calling 01752 827069 or emailing [email protected]. You will always be able to speak to your qualified conveyancing lawyer or a member of the team.

Frequently Asked Questions
How long will the conveyancing process take?

How long it will take from your offer being accepted until completion day when you pick up the keys and move in will depend on a number of factors. The average process for a freehold property takes between 4 – 12 weeks (8-16 weeks for leasehold properties). If there are a number of parties in a chain, the process will inevitably take longer, with mortgage offers to be issued, enquiries to be dealt with, and removals to be arranged. It is helpful if you would be prepared to compromise on a completion date. We would always advise that you do not make any firm plans for moving as we have no guarantee that any particular date can be achieved. We always do our best to work to your timescale but often the matter is out of our hands.

We always try to work as quickly as possible so that we are not holding up the chain.

I am putting in more money than my partner, how can I protect my investment?

We can draft a Declaration of Trust, which will set out how much you wish any investment to be divided on the sale of the property. We may recommend that you take advice from the Family Department.

Will the costs go up during the process?

Our conveyancing quotes are fixed which means you will know how much you have to pay from the start. If you would like to get a quote for your conveyancing please use our online quote calculator that will give you a full break down of all the costs. Alternatively, if you would like to speak with a member of our team, we can talk you through our quote.

Nash & Co’s fees would not usually increase during the course of the transaction as we give you a fixed fee estimate. However, this is only an estimate and if we find that we are required to draft additional documentation, such as a Deed of Covenant or a Statutory Declaration, or Declaration of Trust, then we would charge an additional fee, usually £75.00 plus VAT. We would always discuss this with you in advance.

With a leasehold sale where there is a Management Company involved, the Management Company will usually charge an additional fee for providing a Management or Information Pack which the buyer’s solicitor will require.

Why do I need searches on my purchase?

If you have a mortgage lender they will require the local search, drainage and water search and the environmental search.

If you do not have a lender, we would recommend searches to ensure that there are no undiscovered defects when you purchase the property, but the choice is yours.

Do I need to come in to see my solicitor?

You do not necessarily have to see your solicitor. We do a lot of our work through by post, telephone and email. However, if you do want to call in to see us, we have onsite parking for clients and will usually have someone available from the team who can spend a few minutes with you.

For a longer visit, we would ask that you make an appointment.

When do I need to transfer my deposit?

We will need your deposit when exchange and completion dates are agreed. This is usually once all documents have been signed and enquires answered and when you are satisfied with all the information provided to you.

What is the difference between exchange and completion?

Exchange of contracts is the point when the transaction becomes a binding contract. Prior to this, there is no contract between the parties and they are both free to withdraw from the transaction or negotiate the purchase price.

Once exchange of contracts has taken place, neither party can withdraw from the process without incurring liability for breach of contract. The financial penalty for breach of contract is usually 10% of the purchase price.

Completion is the day when the purchaser’s solicitor sends the completion monies to the seller’s solicitor. Once the purchase funds are received, the seller’s solicitors instruct the estate agent to release the keys to the purchaser and the purchaser becomes the legal owner of the property. The seller’s solicitor will then repay any existing mortgage on the seller’s behalf and will send all original title documentation to the buyer’s solicitor.

I'm buying a leasehold property and have heard about Management or Information Packs, but don't know what they are?

If you are buying or selling a Leasehold property, you should be prepared to pay a fee to the Management Company if there is one. When selling, there is usually a fee payable for obtaining the Leasehold Information Pack from the Management Company and this can range from £60.00 – £500.00 or more and we have no control over these fees. Without obtaining the leasehold information, your buyer will not be able to proceed so it may be worth your while to investigate the cost prior to marketing your property so you do not have any nasty surprises.

I don't understand the Conveyancing Process. It all seems pretty daunting.

The conveyancing process can be quite a complicated one, with particular stages and processes that need to be adhered to. People often comment that they don’t understand what we do and what needs to happen in order for your purchase or sale to go through successfully, so we thought we would explain the various processes in easy to understand flow diagrams (pdf files):

Freehold Residential Properties
Freehold Purchases
Freehold Sales

Leasehold Residential Properties
Leasehold Purchases
Leasehold Sales

What additional fees might I have to pay?

There may be instances when fees are payable to third parties. For example, if you are buying a new build property, the Developer’s Solicitor will invariably charge what is called ‘an engrossment fee’, that is, an additional fee they will charge for producing the documentation (the Contract, Lease or Transfer of Part) and this fee is usually around £100.00 – £175.00 plus VAT, payable on completion.

If you are buying or selling a Leasehold property, you should be prepared to pay a fee to the Management Company if there is one. When selling, there is usually a fee payable for obtaining the Leasehold Information Pack from the Management Company and this can range from £60.00 – £500.00 or more and we have no control over these fees. Without obtaining the leasehold information, your buyer will not be able to proceed so it may be worth your while to investigate the cost prior to marketing your property so you do not have any nasty surprises.

When buying a leasehold property, you may find yourself in the position where you have to cover the cost of the Notice of Assignment of the Lease (from the seller to you as the buyer) to the Management Company. You may also have to pay a fee for entering into a Deed of Covenant with the other tenants and/or the Management Company, and also possibly pay for a Certificate of Compliance from the Management Company, in order to ensure that the property you have just bought can be registered into your name. Different companies charge varying fees, from £50.00 – £500.00 plus VAT and this is something to bear in mind when making your offer to buy. It is likely that the Estate Agent will not be aware of the cost of these fees and neither will your Solicitor until provided with the Information Pack.

On completion, there may well be an apportionment of Service Charge and Ground Rent if these are paid in advance by the seller. Again, this is not something that will come to light until we have all the information from the seller’s solicitor. We do put all this information into our report on the legal title once we have it but that is often when the transaction is fairly well advanced: we would have our searches back in and very likely your mortgage offer would have been issued by that stage.

Nash & Co’s fees would not usually increase during the course of the transaction as we give you a fixed fee estimate. However, this is only an estimate and if we find that we are required to draft additional documentation, such as a Deed of Covenant or a Statutory Declaration, or Declaration of Trust, then we would charge an additional fee, usually £75.00 plus VAT. We would always discuss this with you in advance.

If you are selling, it may be that you have had building works carried out that may have required either planning permission or building regulations consent, or perhaps may have required covenantee consent (where there are restrictive covenants binding on the property). In such instances, the buyer’s solicitor is very possibly going to ask that you cover the cost of an Indemnity Insurance Policy. The cost can be anything from around £30.00 – £300.00, depending on the value of the property you are selling, and the level of risk being insured. This is something we would arrange for you and we do not charge an additional fee for carrying out such work (some firms do).

Will I have to pay Stamp Duty?

Stamp duty, or Stamp Duty Land Tax (SDLT) if you want to use the official jargon, is a levy that you pay to HM Revenue & Customs when you are buying a home.

The Government has various reliefs in place that mean reduced or no tax is payable by some (first-time buyers under a certain property value, first-time shared ownership, and if the property falls under a certain value and you don’t currently hold any other residential properties). You can find out more about the rules and the amount of Stamp Duty you will be required to pay by visiting the HMRC’s website – https://www.gov.uk/stamp-duty-land-tax