Your solicitor will pay any stamp duty payable on the purchase and attend to the registration of the title into your name, forwarding details to you and any lender, once registered. If the solicitor is dealing with your sale, arrangements will be made to discharge any existing mortgage, if there is one.

Once you have exchanged contracts and the completion date is agreed in the contract, you will be legally bound to complete on that date by paying the purchase price in exchange for the keys. Therefore, if for any reason the lender decides to decline the mortgage or delay the issue of the offer, you would be liable for damages. So, the solicitor will advise you not to exchange contracts until you have received a written offer and the lender’s conditions can be complied with.

Yes, you can buy a property without a solicitor however, you will need to instruct a regulated and qualified person to arrange the legal and administrative documentation that is required to legally transfer ownership of property.

A freehold purchase means that you own the building and the land it is built upon. It is yours until you decide to sell.

Here is how a typical freehold purchase might proceed with us once you have instructed:

Reviewing the legal title to the property, raising enquiries and requesting searches.
Preparing a full initial report on the legal title and advising you of our initial findings.
Reporting on the results of searches.
Preparing a final property report advising you on our legal enquiries and replies provided.
If you are purchasing with the aid of a Mortgage, making sure we comply with the terms and conditions set out in the offer.
Requesting the full balance required to exchange contracts.
Exchanging contracts.
Finalising completion.
Arranging any Stamp Duty Land Tax payment and the registration of the property into your name.

Please note that, if the property is unregistered on completion, we will submit first registration at the Land Registry (approx. 14-month timescale).

A leasehold purchase means that you only own the building itself (rather than the land it is on). or a specific part of it, such as a flat. In addition, you are only the owner for a set period. We always recommend that our conveyancing clients should check this carefully before going ahead with any property purchase.

With a leasehold purchase, you should be aware that:

You own the property, the freeholder/landlord owns the land and building. This is a common form of ownership for apartments.
Maintaining the building is the responsibility of the landlord.
You pay ground rent and service charge.
The Lease is for a specific time period and will detail the terms of ownership.

Here is how a typical leasehold purchase might proceed with us once you have instructed:

Reviewing the legal title to the property.
Reviewing the lease and advising you as to the terms of the lease and ground rent, including any restrictions, regulations or covenants that may impact your intended use of the property.
Reporting on the LPE1 and confirming the level of service charge and ground rent payable.
Raising any legal enquiries and requesting searches.
Preparing a full initial report on the legal title and advising you of our initial findings.
Reporting on the results of searches.
Preparing a final property report advising you on our legal enquiries and replies provided.
If you are purchasing with the aid of a Mortgage, making sure we comply with the terms and conditions set out in the offer.
Requesting the full balance required to exchange contracts.
Exchanging contracts.
Finalising completion.
We arrange any Stamp Duty Land Tax payment and the registration of the property into your name.
Serving the required notices on the Landlord and any Management company following completion.

Please note that on completion you may be required to pay the landlord and any management companies costs for the following:

Notice of transfer
Notice of charge
Deed of covenant
Certificate of compliance

A freehold sale means that you pass ownership of the building and the land it is built upon to your buyer on completion.

Here is how a typical freehold sale might proceed with us once you have instructed:

Preparing and issuing draft contracts plus all supporting documentation to your buyer’s solicitors.
Receiving and dealing with the buyer’s solicitor’s legal enquiries with your assistance.
Obtaining mortgage redemption figures, if required.
Carrying out the exchange of contracts.
Redeeming any mortgages in situ.
Sending any balance monies, in accordance with your instructions.

A leasehold sale means that your buyer only owns the building itself (rather than the land it is on) or a specific part of it and is only the owner for a set period. It is up to the buyer to familiarise themselves with this process.

Here is how a typical leasehold sale might proceed with us once you have instructed:

Preparing draft contracts and issuing these, plus all supporting documentation to your buyer's solicitors.
Receiving and dealing with the buyer’s solicitors legal enquiries with your assistance.
Obtaining mortgage redemption figures if required.
Liaising with you and the landlord/management company with regards to the apportionments of service charge and ground rent that may be owed.
Carrying out the exchange of contracts.
Redeeming any mortgages in situ.
Sending any balance monies in accordance with your instructions.

Please note, when selling a Leasehold property, you will be responsible for paying for the Management/Landlord pack.

To obtain the completed LPE1 pack you will need to contact the Landlord/Management Company. The pack will include all the information related to the management of a building.

You may need us to apply for a grant of representation in the estate you have inherited from. You may also need our help to either sell the property or assent it into your name at the Land Registry.

Yes, the title deeds need to be updated to reflect your ownership properly. The deceased’s name should be removed and your name added to the Land Register.

No, you do not need to get a solicitor to write a gifted deposit letter. However, a solicitor can help you to ensure that the letter is written correctly and that it meets the requirements of your mortgage lender.

Yes - the deceased’s name should be removed and your name added to the Land Register.

We will always provide you with a fixed priced conveyancing quote, by email, online or telephone. The price will not alter unless the transaction is different to that which has been quoted. An example might be where the quote is for a property with registered title, but the property actually has unregistered title. We will provide a clear explanation of why there is any alteration to the price.

This can be done by a Deed of Gift which can prepared by us and then lodged at the Land Registry. The ownership should be updated on the Land Register. You and the recipient may also need tax advice about this (income tax, capital gains and stamp duty land tax).

The average time is six to eight weeks for a sale and eight to 12 weeks for a purchase, but this can vary, depending on the length of the chain involved. The shortest time could be only a few days, if a buyer was purchasing an empty property and had the purchase monies available without needing a mortgage. However, it could take longer than average if there is a long chain and the person at the end is waiting for a buyer to be able to proceed. Your solicitor will keep you fully informed of progress developments.

The solicitors' fees for buying a house can vary from around £400- £1500.

The conveyancing fees are dependent on different factors such as whether you are a first-time buyer or not, whether additional legal work would be required, or whether the house is freehold or leasehold.

Many solicitors offer a fixed fee for conveyancing so that you are aware of how much you will need to pay from the outset. This fee often doesn’t change unless unexpected costs come up.

The seller’s contract provides for 10% of the purchase price to be paid on exchange of contracts prior to the completion of the purchase a few weeks later, but this deposit amount is more often than not varied by agreement. This depends upon the amount of money being borrowed. If you are buying and selling, the deposit obtained on the sale can usually be used as a deposit on the purchase.

The cost of changing title deeds in the UK can vary based on factors such as the type of transaction (e.g., Transfer of Equity or remortgage). Costs typically include HM Land Registry fees, which depend on the property's value, and solicitor fees, which vary based on the complexity of the case. For a precise quote tailored to your specific situation, please contact our conveyancing team at Winston Solicitors, who will gather the necessary details to provide an accurate estimate.

Finding a good conveyancing solicitor can be difficult as there are many around. The best way is to ask friends and family if they have any recommendations and by looking at reviews online.

If other people have had a good experience, then it is likely that you will receive the same service. You can also look on a conveyancing solicitors’ website to see if they give any information about the conveyancing process and further detail on what they can offer you.

You can often get a good idea of whether a conveyancing solicitor will suit your needs by contacting them and getting a feel of whether they are helpful and friendly.

You will need to provide us with the original deeds. These maybe held with another firm or solicitors/conveyancers or a previous mortgage lender.

Your interest as a trustee should be noted on the Land Register so you should seek legal advice. Examples of such trusts are life interest trusts in Wills, which become active when the person who made the Will dies. You should also register the trust at the HMRC Trust Registration Service.

If someone has died and left you a property, you may want to transfer the ownership of it from the deceased’s name into your name by an ‘assent’ at the Land Registry. Or you may want it sold – either way, we can help you.

Remortgaging solicitors handle the legal aspects of transferring your mortgage to a new lender or renegotiating terms with your current lender. They review property documents, liaise with lenders, and ensure that all legal requirements are met to successfully complete the remortgage process.

The Land Register should be updated if necessary and we can assist you with that.

If you do not use all of the gifted deposit to buy a house, you can keep the money. However, you will need to pay back any interest that has accrued on the money.