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Joanna
Willars
Manager
 
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Patricia
Sentance
Licensed Conveyancer
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Elisabeth
Matthews
Licensed Conveyancer
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Melanie
Percival
Licensed Conveyancer
 
 
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Vidhya
Panchal
Conveyancer
 
 
Hayley was a joy to deal with - Mr R N - Loughborough (Hayley Tennant - Domestic Conveyancing)

Types of Work Undertaken

Our team of friendly conveyancers have experience in dealing with a full range of property transactions. These include:

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    • Sales
    • Purchases
    • Transfer of Equity
    • Buy to Let properties
    • Help to Buy Scheme
    • Right to Buy purchases
    • Mortgages and re-mortgages
    • New build property
    • Auction property
    • Freehold properties
    • Leasehold properties
    • First time buyers
    • Help to Buy ISA’s

Conveyancing Costs

Before you instruct us, we will provide you with a personalised estimate for the work, based on the information you provide to us. We aim to be as transparent as possible on costs, so we will also provide you with information on any additional costs that may occur that are not known about at the time of your estimate. For example, it may come to light that your property is not registered with the Land Registry.

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      If we need to charge you any additional costs we will bring this to you attention as soon as possible.

      If you would like to discuss your conveyancing requirements and get a personalised estimate you can speak to our friendly Quotes Team on 01509 635445. Please choose option 1.

      Alternatively, you can request a callback for us to phone you at a convenient time to discuss your conveyancing requirements and obtain a personalised estimate. Please click here.

Conveyancing FAQs

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    • How long will the process take?
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        The honest answer is that we don’t know! This is because no two transactions are the same and all are dependent on a number of factors that are out of our control. However as a guideline it takes 8-10 weeks for a sale/purchase assuming no complications or unforeseen delays.

    • How does joint ownership work?
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        It is becoming increasingly common for friends to purchase properties together or parents helping their children to get on the property market. Where this happens, it can be common for the individual parties to put money into the purchase in different proportions. In these instances, it is vitally important that it is clear who will get what proceeds in the event of the property being sold.

        There are also lots of other issues that you should consider before you proceed with any joint ownership purchase and these are covered in more detail in our Joint Ownership information sheet

    • What do you need from me?
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        In order to be able to act on your behalf on a transaction we need to open a file for you. To do this we need from you a completed and signed acceptance form. This will have been sent to you with our estimate for the work or with the initial client care documentation we sent you. If you have also been asked for a deposit and identification documentation it is important that you get this back to us as soon as possible. We may also ask to see you face to face to assist in the identification process.

        Selling a Property

        If you are selling your property you will be sent a number of property information forms. You need to ensure that these are completed and sent back to us promptly as these forms will be sent to your buyers solicitors with the contract papers. It is important that you fully disclose all information required by the questions on these forms. Please let us know if you have any trouble in completing the forms and we will be happy to help you.

        To help avoid any unnecessary delays, please let your conveyancer have any relevant documentation relating to the property as soon as possible. This may include deeds to the property, permission and certificates relating to planning and building control applications, certificates relating to installations such as gas, electrical, windows etc, any appliance servicing records. This will help us when the buyers solicitor starts to ask questions about your property.

        If you are missing any documentation then please let your conveyancer know as there may be alternatives they can arrange for you, for example take out an indemnity policy to cover any missing permissions.

        Purchasing a Property

        When you are purchasing a property we will ask you to complete a Stamp Duty Land Tax questionnaire. It is important that you fill this out and return it to us as soon as possible and definitely before exchange of contracts. This will help us to inform you of any stamp duty liabilities on your purchase.

        We will also ask you to complete a Source of Funds form. This needs to be returned to us as soon as possible, along with any evidence, so as to prevent any unnecessary delays if we ask you to provide further information of where your purchase funds are coming from.

        We will ask you for a 10% deposit prior to the exchange of contracts and then the balance of funds prior to completion. For Help to Buy purchases we'll ask you for a 5% deposit.

    • Do I need to have searches undertaken on the property?
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        Buying a property is one of the most important and expensive transactions you will ever enter into. Searches are carried out to discover additional information about a property that often may not be obvious from physical inspection. Searches should always be completed before you legally commit yourself to purchasing the property at exchange of contract. This is because they may bring to light issues that could either affect the value of the property, or result in additional costs further down the line.

        We would always therefore recommend that searches are undertaken on any property you are buying. However, it is you choice whether you have them carried out or not. If you are purchasing with a mortgage then your Lender will require you to have searches in most cases.

        There are all sorts of different types of searches available. The more common ones are listed below:

        • Local Authority This highlights planning permissions and building regulation approvals relating to the property, whether the road is adopted by the county council, details of any nearby road schemes, local plans which relate to the property and any notices which have been served on the property.
        • Drainage Search This confirms if the property drains to the public foul and surface water sewerage systems and whether it is connected to the mains water supply, together with a map showing the nearest public sewers to the property.
        • Environmental Search This highlights any landfill sites within 500 metres of the property, historical and current land use of the postcode sector, any contaminated land issues. Further details are available in our Environmental – Contaminated Land information sheet
        • Flooding This search reveals whether the property is at risk of flooding from rivers, ground water or surface water flooding, provides mapping to show 1 in 75, 1 in100 and 1 in 1000 risks, insurance data.
        • Coal Mining This is a search of the coal authority's records of past mining activity to establish whether the property is on land which is at risk from mining subsidence. This search is only carried out if the property is situated within a “coal mining area”
    • What is Chancel Repair Liability?
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        Chancel repair liability is a legal obligation on some property owners to pay for certain repairs to a church, which may or may not be the local parish church.

        Further details are available in our Chancel Repairs information sheet

    • Do I need to have a survey undertaken?
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        Whether you require a survey or not is a personal choice and depends on your approach to risk. However as buying a property is likely to be the most important and expensive purchase you will make, we would always recommend that you have a survey undertaken on any property you are thinking of purchasing.

        There are various levels of survey available ranging from basic surveys through to very details surveys. If you are borrowing money for your purchase then your Lender will insist upon their own valuer inspecting the property for valuation purposes only. Further information is available in our Surveys information sheet

    • When will I find out my completion date?
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        As there are usually a number of parties involved in a transaction e.g. other buyers and sellers in the chain, other solicitors, mortgage lenders etc., we can only start to consider completion dates nearer to the time contracts are to be exchanged.

    • What are disbursements?
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        Disbursements are the fees charged by third parties that you have to pay for on top of the basic fee for our conveyancing work. Searches, Land registry fees, office copies, bank transfer fees, identity check fees and Stamp Duty Land Tax are all examples of disbursements.

        These disbursements will have been included in your initial estimate for your conveyancing work.

    • Will I have to pay Stamp Duty Land Tax?
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        You pay SDLT on increasing proportions of the residential property price above £125,000. The bandings for the standard rate of SDLT is as follows:

        Band Rate
        £0 - £125,000 0%
        £125,001 - £250,000 2%
        £250,001 - £925,000 5%
        £925,001 - £1,500,000 10%
        Above £1,500,000 12%

        For example, if you purchased a property for £300,000, the SDLT payable would fall under the first three bandings and would be £5,000.

        In 2016 the Government introduced a higher rate of SDLT for purchases of second homes, additional homes and investment properties. This introduces an additional 3% on top of the normal rate of SDLT bandings for these purchase. The rules are actually quite complex on when the higher SDLT rate is applied, however below is a simplified version of how it works:


        You can also visit the HMRC website and use their online SDLT calculator.

        As the rules relating to SDLT are very complex, we will ask you to complete a SDLT questionnaire to help us establish whether the higher rate of SDLT applies to your transaction or not. We need you to return this questionnaire to us promptly and definitely prior to exchange of contracts, so we can advise you of the SDLT liability as soon as possible.

    • What does Exchange of Contract mean?
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        Exchange of Contact is the point in the transaction where both parties are happy to exchange signed contracts. It is this stage when the transaction becomes legally binding.

        It is important that when you are purchasing a property that you arrange for house insurance to be in place from the date of exchange. Further information is available in our Property Insurance information sheet

    • How does completion work?
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        Prior to the completion date you will be sent a completion statement showing the breakdown of all monies. This will also highlight if further monies are required from you to complete the transaction.

        Completion is the day you move out or into your new property. You don’t need to come to our offices. We will deal with the legal process and let you know when it is done and the keys released.

        Completion is the date the purchase monies are transferred to the sellers solicitors. Once the monies have been transferred, the sellers hand over the keys to the property to the buyers, usually through the Estate Agent. The sellers solicitor redeem the sellers mortgage if there is one and also pay the Estate Agents fees. The title deeds are sent to buyers solicitor and the buyers solicitor registers the change of title with the Land Registry. If there are any surplus funds held by us after the transaction has completed, then this will be returned to you.

        It is advisable that where you are selling a property that you arrange for house insurance to be in place right up to the completion date. Further information is available in our Property Insurance information sheet

    • How do I protect myself from conveyancing scams and fraud?
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        There has been a lot in the press recently about emails scams and conveyancing frauds and it is therefore very important that everyone is vigilant to the possibility of fraud.

        As a firm we do our upmost to protect our clients details and money and we have vigorous risk management processes. These include:

        • When we send you our bank account details so that you can send us money for your purchase, we encrypt these details on an email. We then send you a second email with the password to access the bank details on the original email. This helps to ensure that you have our correct bank account details.
        • Before we send your purchase funds onto your sellers solicitors we check the solicitor out to ensure that they are a valid firm and that we have their correct bank account details.
        • Where we need to send funds back to clients we will use the bank account details supplied by you on your on your acceptance form. We will always call you to check that these are correct before we send funds to you.

        AS A CLIENT YOU NEED TO BE ON YOUR GUARD FOR FRAUD.

        IF YOU RECEIVE ANY EMAIL, CORRESPONDANCE OR TELEPHONE CALL THAT YOU FEEL MAY NOT BE FROM MOSS SOLICITORS LLP, THEN PLEASE CONTACT US IMMEDIATELY ON 01509 217770.

        IT MAY BE THAT YOU NOTICE THE EMAIL ADDRESS OR SOLICITOR NAME IS SLIGHTLY DIFFERENT OR YOU FEEL SOMETHING ELSE IS NOT QUITE RIGHT.

        WE DO NOT CHANGE OUR BANK DETAILS OR HAVE SEPARATE ACCOUNTS TO THE DETAILS WE WILL ALREADY HAVE TOLD YOU ABOUT. IF YOU RECEIVE A REQUEST ASKING YOU TO PAY MONEY TO A DIFFERENT BANK ACCOUNT THEN PLEASE CONTACT US IMMEDIATELY. DO NOT PAY OVER ANY MONEY UNTIL YOU HAVE DONE SO.

        IF THE APPROACH IS BY TELEPHONE, THEN PLEASE CONTACT US IMMEDIATELY, IDEALLY FROM A DIFFERENT TELEPHONE.

Conveyancing Information Sheets

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    Some properties are burdened with an obligation to contribute to the cost of repair of the chancel of a local church.

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    Local Authorities are required to investigate land in their areas and locate any contaminated sites.... For your protection, and the protection of your lender, we recommend that you undertake a flood report.

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    This occurs when two or more people are recorded as being the owners of a house or land or other property (e.g. a flat). However, it is not enough to have the property registered in joint names.

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    Legal indemnity insurance is obtained in order to offer protection to a buyer (and a lender) where there is a defect in the title to the property which cannot be resolved.

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    In order to make sure that the property is covered against an unexpected disaster we recommend that Sellers retain their insurance in place until the transaction has been completed and that Buyers insure the property from the date when contracts are exchanged.

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    If you are borrowing money for your purchase from a conventional lender (such as a Building Society) the lender will insist upon its own valuer inspecting the property for valuation purposes.

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    The Help to Buy Mortgages already on the market are relatively competitive compared with the prices outside of Help to Buy, when looking at potential borrowers with 5% deposit.

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