Moving Home

What are disbursements?

Disbursements are the additional expenses which are required for the purchase or sale of your property, they do not form part of our legal fees. Disbursements are those expenses payable to other outside agencies, ie Local Authority searches, stamp duty and land registry searches.

Disbursements should be the same at all law firms. Our residential conveyancing team will be happy to give you a breakdown of all disbursements when we give you a residential conveyancing quote.

When do I get the keys to my new home?

The keys are released when all of the money for the purchase has been received by the seller's solicitor, this will happen on the day of completion.

How long will it take?

It is difficult to put a time scale on a property purchase and/or sale. There are mortgages to organise as well as searches and surveys. It will also depend how many people are in the chain.

We estimate approximately 6 to 12 weeks. We will always do what we can to progress the transaction as quickly as possible. If you have a particular time scale in mind, please advise our residential conveyancing team as soon as possible.

Will you require money upfront?

Our residential conveyancing team will require £200 from you to start the searches on the property on your behalf.

What type of searches do you do and what are they for?

We are buying in joint names - what do we need to know?

Married couples or people living together purchase a house as 'joint tenants' which means that upon the death of one or other of them - that person's share automatically passes to the other.

I wish to take someone off/ add someone onto my title deeds - what do I need to do?

This process is called a transfer of equity. If the property being transferred is currently mortgaged, you will be required to obtain your Lender's written consent to change the ownership. A document called a 'Transfer Deed' is then drawn up and signed by all parties to the transaction, including the mortgage lender. Once this is done, an application will be submitted to HM Land Registry to change the title deeds.

I am a purchaser and need to move quickly - do I need searches?

No; although we would strongly recommend you obtain a local authority Search, a Drainage and Water Search and an Environmental Search, as a cash purchaser these searches are discretionary and you can proceed without them, should you choose to do so.

I understand I have to pay Stamp Duty Land Tax at 1% of the purchase price if I buy a property over £125,000 - so do I pay 1% of the difference over £125,000?

No, if you're buying a property for say £160,000 you will pay Stamp Duty Land Tax at 1% of the total purchase price ie £1,600. 1% Stamp Duty Land Tax is payable for purchases of £125,001 up to £250,000. Purchases of £250,001 up to £500,000 incur Stamp Duty Land Tax of 3% of the purchase price. However, the government has announced a Stamp Duty holiday for properties up to a value of £175,000 until the end of December 2009.

What is the difference between registered and unregistered land - does it matter if my property is 'unregistered' at HM Land Registry?

Unregistered land is simply land which has never been formally recorded at HM Land Registry. The main reason land remains 'unregistered' is that the property hasn't been sold/mortgaged in the last 25 - 30 years, as registration was not compulsory at that time.

Selling unregistered land is not a problem, providing all of the original documents are to hand. Should you be purchasing a property which is currently unregistered, submission of your application to the Land Registry will trigger 'first registration' and title deeds will be produced in your name, as registration is now compulsory throughout the UK.

When will I get the deeds to my new property?

Registration at HM Land Registry generally takes between 5 and 8 weeks. Although you could expect to receive your title deeds within a month of completion, providing the property is not unregistered land. If you have any queries about title deeds, please contact our residential conveyancing team.

I'd like to complete on a Saturday - is this ok?

Completion of your transaction must take place between a Monday and a Friday as the banks and most solicitors offices do not open over the weekend.

When do I get my sale proceeds?

Net sale/re-mortgage proceeds will be despatched to you from our conveyancing team on the day of completion by either a cheque in the first class post or by bank transfer to your chosen bank account.

I am a Council Tenant and have been offered the 'Right to Buy' my home, can you deal with my council house purchase for me?

Yes, we can deal with the purchase of your home from your Local Authority. Once you have returned your Acceptance Notice to the Council we will contact them to request the relevant paperwork on your behalf.

How much time will there be between exchange and completion?

Most people prefer to have at least a couple of days between exchange and completion to give them time to make removal arrangements.

However, exchange of contracts can take place up to and including the day of completion ie the day you pay for your new property and get the keys, or the day you receive the net sale proceeds if you are selling a property.

If you have a particular timetable for your house move, let us know as soon as possible and we will do our best to accommodate exchange of contracts and completion dates to suit you.

What is exchange of contracts and do I need to be there?

Exchange of contracts is carried out by our conveyancing staff usually over the phone.

It is the formal process whereby you become legally committed to proceed with the sale or purchase of your property.

You do not need to be present when exchange takes place, however, we will let you know when contracts have been exchanged.

What is conveyancing?

Conveyancing is the legal process in which a property is transferred between owners.

How do I go about getting a quote?

Go to the Moving Home section and click on 'get a conveyancing quote' link, fill in your details and someone will contact you. Alternatively, you can call 0116 212 1000 and one of our residential conveyancers will be happy to give you a quote over the phone. They will also talk you through the conveyancing process, if you wish.