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Residential Leasehold Purchase


Terms of business when buying a residential leasehold property


Stages in the Process

The precise stages involved in the purchase of a residential leasehold property vary according to the circumstances. However, below we have suggested some key stages that you may wish to include:

  1. Take your instructions and give you initial advice
  2. Check finances are in place to fund purchase and contact lender's solicitors if needed
  3. Receive and advise on contract documents
  4. Carry out searches
  5. Obtain further planning documentation if required
  6. Make any necessary enquiries of seller's solicitor
  7. Give you advice on all documents and information received
  8. Go through conditions of mortgage offer
  9. Send final contract to you for signature
  10. Draft Transfer
  11. Advise you on joint ownership
  12. Obtain pre-completion searches
  13. Agree completion date (date from which you own the property)
  14. Exchange contracts and notify you that this has happened
  15. Arrange for all monies needed to be received from lender and you
  16. Complete purchase
  17. Deal with payment of Stamp Duty/Land Tax
  18. Deal with application for registration at Land Registry

Conveyancer's fees and disbursements

  • Legal fee £1500 plus vat
  • Search fees (includes Local Authority, drainage, environmental, Chancel, flood and planning searches)-£500 approximately
  • Land Registry registration fee-this is set by the Land Registry and depends on the value of the property you are purchasing. The fee ranges from £20 to £900.
  • Anti-money laundering checks-£4.80 per person
  • Land Registry search fees-£6 approximately
  • Bankruptcy search fees-£2 per person 
  • Electronic money transfer fee £20 plus VAT per payment
  • Lawyer checker-£12 per person

Estimated total (excluding Stamp Duty or Land Tax, Land Registry fee and conveyancer’s fee to act for a lender): £2,348.80

Our legal fee assumes that (a) this is a standard transaction of a title registered at HM Land Registry (b) no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion (c) completion or the preparation of additional documents ancillary to the main transaction if not needed (d) the transaction is concluded in a timely manner (d) all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation (e) no indemnity policies are required (f) there is no more than one transaction. You will be charged a fee if a matter is aborted based on the amount of time spent up the date the work is stopped. Additional disbursements may apply if indemnity policies are required. Should the transaction become more difficult than average, we will inform you straightaway, explain the circumstances requiring a revised quote, and agree the revised fee before we proceed to carry out the additional work.

Our fees cover all of the work for you required to complete the purchase of your property, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales

Should our quote require amending for the reason given above, we will inform you straightaway, explain the circumstances, and agree a revised fee before we carry out the additional work.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as search fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. There are certain disbursements which will be set out in the individual lease relating to the Property. The disbursements which we anticipate will apply are set out separately below. This list is not exhaustive and other disbursements may apply depending on the term of the lease. The disbursements vary from property to property and can on occasion be significantly more than the ranges given above. We will update you on the specific fees upon receipt and review of the lease from the seller's solicitors.

Anticipated Disbursements

  • Notice of Transfer fee – This fee if chargeable is set out in the lease. Often the fee is between £20-£50
  • Notice of Charge fee (if the property is to be mortgaged) – This fee is set out in the lease. Often the fee is between £20-£50
  • Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £50-£100
  • Certificate of Compliance fee - To be confirmed upon receipt of the lease, as can range between £50-£100.

We can give you an accurate figure once we have sight of your specific documents.

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as this we receive this information.

Stamp Duty Land Tax

This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC's website or if the property is located in Wales by using the Welsh Revenue Authority's website.

How long will my property purchase take?

How long it will take from your offer being accepted until you can complete the purchase of your house will depend on a number of factors. The average process takes between 4-12 weeks.

It can be quicker or slower, depending on the parties in the chain. For example, if you are a first-time buyer, purchasing a new build property with a mortgage in principle, it could take 12-16 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 4-6 months. In such, a situation additional charges would apply.

Who will carry out the work?

Our team has over 20 years of collective experience in delivering high quality work in all matters relating to conveyancing. We have two members of the team who may work on your matter. They are Ms Davinder Salhan, Consultant Solicitor and a Conveyancing Assistant.

Anti-Money Laundering

We adhere to Anti-Money Laundering procedures which will require us to take up-to-date proof of identity and proof of address for any payments made from you, or a third party on your behalf, to the Firm.  This purpose of this policy is to protect you and your money.

Cyber Crime and Financial Management

We will agree with you at the outset (in person or by telephone) how banking details will be handled, including whether any changes are planned.   We will hand our bank details to you in person or send them to you by post.  Before accepting new banking details from you or others, we will ask for confirmation face-to-face or by letter sent through the post.  This information will never be requested by us by email.  If bank details are received by this Firm by email, or in a pdf attachment to an email, they will be verified by independent means before being relied upon. This purpose of this policy is to protect you and your money.

Storage of papers and deeds

We will keep our file of papers (except for any of your papers which you ask to be returned to you) for no more than six years and on the understanding that we have your authority to destroy the file six years after sending you our final bill.  We will not destroy documents you ask us to deposit in safe custody.

Termination

You may terminate your instructions to us at any time.   For example, you may decide you cannot give us clear or proper instructions on how to proceed, or may lose confidence in our work.  We are entitled to keep all your papers and documents while money is owing to us.

We will decide to stop acting for you only with good reason and on giving you reasonable notice.  If you or we decide that we will stop acting for you, you will pay our charges on an hourly basis and expenses as set out earlier.

Raising queries or concerns with us

We are confident that we will give you a high quality of service in all respects.  However, if you have any queries or concerns about our work for you, please take them up first with the person handling your case.  If that does not resolve the problem to your satisfaction or you would prefer not to speak to the person handling their case or their supervisor, then please take it up with the firm’s Complaints Manager.

If you remain dissatisfied at the end of the review by the Complaints Manager you can refer the matter to the Legal Ombudsman, P O Box 6806, Wolverhampton, WV1 9WJ. Tel: 0300 555 033.  Email: enquiries@legalombudsman.org.uk.



If we enter into a contract with you and/or you become a client of our firm by electronic means (such as by e-mail or online) then, in addition to any rights of redress you may have through the Legal Ombudsman, you may be entitled to use an EU online dispute resolution platform to assist with any complaint or dispute you may have about our services/ This online platform can be found at http://ec.europa.eu/odr . We do have an email address you may contact in this regard and that is enquiries@stennett-stennett.co.u