Whether you're a layman looking to understand your own transaction or a lawyer needing assistance with a client's conveyancing our step by step sale and purchase guides will lead you through the process while our mini guides will break the whole thing into manageable chunks and give a deep insight into the key issues and stages. Leasehold, freehold, unregistered, registered – we've got it all covered.
Need help with a remortgage or transfer of equity / deed of gift? Our guides will walk you through the process and highlight some of the common pitfalls. Mortgages and transfers can be very simple procedures but complex issues can sometimes arise and mistakes are easily made. These guides will help you deal with them.
So you want to have a go at your own conveyancing? First you should read about the risks, then if you're still happy to proceed, our guides will take you through each stage of the process telling you what to look out for and helping you avoid falling into expensive traps. Our subscription service will give you access to all of the documents you should need for your conveyancing and we can even supply you with the Land Registry Official Copies you'll need. Our general guides will cover all the obstacles you are likely to face and offer a practical solution. Have a look at our sale and purchase guides too.
A big part of the conveyancing process is the conveyancing searches. This section tells you all about them. What they are, how and when to order them and how to interpret the results. Each search has its own guide and you'll see they are separated into Standard (should be done in every case), Regional (area specific) and Optional (not essential but often useful tools for the would be purchaser). All buyers should beware that when you buy a property, the law assumes that you have seen the information that would have been revealed by searches whether or not you have actually carried them out, so you buy the property subject to the results.
Using a conveyancer to handle your conveyancing will greatly reduce the risk to you and sometimes, particularly if you are taking out a new mortgage, you will have no choice but to instruct a conveyancer. The good news is it doesn't have to break the bank. Get a free, instant quote here. We can also help with quick easy quotes for other moving related services.
Are you looking for the documents you'll need for your conveyancing transaction? Or official copies of the title or other documents from Land Registry. We can help you. Follow the links below.
A clause in the lease of the flat I am buying stipulates that "the transferee shall have entered into a deed of covenant at the lessee's expense". I told my conveyancer that I am the transferee and the vendor is the lessee. My conveyancer tells me that I am both the transferee and the lessee.
Another clause says: "The lessee covenants with the lessor and separately with the managers as follows:
within one month of every transfer of the property to give notice thereof in writing... and to pay to the lessor's solicitors and to the managers a reasonable registration fee in respect of each such transfer."
I maintain that 'lessee' refers to the current owner of the flat and that he should therefore pay the fees.
Can I be both the transferee and the lessee, even within the same sentence?
I would be much obliged if you could answer this question.
As to the fee for serving notice, this will be your responsibility. It becomes payable following completion and at that point you will be the lessee (as in the current tenant). As to who is responsible for the deed of covenant fee, this is open to interpretation. The way the clause reads, it appears as though the intention is for your seller to be responsible. Why else would the author of the clause have differentiated between lessee and transferee? That said, it is usual in residential conveyancing for the buyer to be responsible for the fee for a deed of covenant - it is a deed between landlord and incoming owner after all and does not directly affect the seller.
In truth, irrespective of the construction of the clause it is a matter for negotiation between seller and buyer as to who should pay. It makes no difference to the landlord and he will not and cannot become involved. If the deed is not entered into it is you who will suffer because it is you who the landlord would have to take enforcement action against for breach of the lease terms.