Answers to your legal queries
FAQ’s at Attwells Solicitors
Welcome to our FAQ section. Here, you will find clear and concise answers to some of the most common questions regarding our legal services. Discover why we are rated as excellent on Review Solicitor.
Welcome to our Frequently Asked Questions section.
Welcome to the Attwells Solicitors FAQ page, which aims to provide clear, straightforward answers to your most common legal questions. We understand that dealing with legal matters can be complex and sometimes overwhelming, which is why we are committed to offering expert guidance and support every step of the way.
Our dedication to exceptional client care is at the heart of everything we do. Our team takes great pride in delivering a service that meets and exceeds client expectations. This commitment has been recognised through numerous awards and accolades for client care, underlining our position as a trusted legal partner in the community.
In this section, you will find detailed information on various topics – from the types of legal services we offer to practical advice on navigating your legal concerns. Our FAQs are regularly updated to ensure that you have access to the most current and relevant information.
Please use the search bar below to enter your query or select a category using the filters provided.
Employees are legally entitled to be paid the correct wages, including any owed holiday pay. If you have not received your full entitlement, you may be able to claim back unpaid wages or holiday pay. It is important to keep detailed records and to act promptly, as there are time limits for making such claims.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
TUPE (Transfer of Undertakings Protection of Employment) is designed to protect employees’ terms and conditions when a business or service is transferred to a new owner. This means that your employment contract continues with the new employer, and you are entitled to the same terms and conditions as before the transfer. If you have concerns about a business transfer, it is advisable to seek specialist legal advice.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
If you feel that a disciplinary or grievance decision is unjust, you have the right to challenge it through your employer’s internal procedures. Should these not resolve the issue, you may be able to bring a claim to an employment tribunal. Documenting all communications and seeking timely legal advice can significantly support your case.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
A settlement agreement is a legally binding contract that can be used to resolve disputes between an employer and an employee. It often involves a financial settlement in exchange for the employee agreeing not to pursue further legal claims. It is crucial to seek independent legal advice before signing a settlement agreement to ensure that your rights are protected.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Redundancy can be a difficult process, but UK law ensures that employees are treated fairly. You may be entitled to a redundancy payment, notice period, and the right to consultation. Additionally, if the selection process for redundancy is unfair or discriminatory, you may have grounds to challenge the decision.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Workplace discrimination can occur on the basis of age, sex, race, disability, religion, or other protected characteristics. Discriminatory practices may include unfair treatment in recruitment, promotion, or dismissal, as well as harassment. If you experience discrimination, you should document incidents and consider obtaining legal advice to understand your options.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Unfair dismissal occurs when an employee is terminated without a fair reason or proper process. Factors such as breach of contract, discrimination, or not following a fair disciplinary procedure may all be relevant. If you feel you have been unfairly dismissed, you might have a claim for compensation through an employment tribunal. It is important to seek legal advice as soon as possible, as strict time limits apply.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
As an employee, you have a range of rights under UK law. These include the right to a written statement of employment particulars, protection against discrimination, entitlement to a minimum wage, holiday pay, and protection against unfair dismissal. Understanding these rights can help you take action if you believe your employer is not complying with legal standards.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Disbursements
- £300 for the probate fee
- £1.50 for each copy of the Grant
- £20 for title check per check
Additional fees
- £25 for bankruptcy and ID checks per beneficiary
- £40 for money transfer per money transfer.
We will ask you to obtain valuations for the assets of the estate. If professional valuations are needed, the professionals may make a charge for providing you with a probate valuation. We also have an additional fee scale for Probate you may wish to refer to.
Disbursements are payable before we incur the cost. All prices are plus VAT at 20%.
What is excluded in a Fixed Fee Probate service?
- Calculating and paying IHT or any administration period taxes
- Foreign assets or domiciled persons
- Claims against the Estate
- Disputes over the Will
- Intestate Estates (where there is no Will)
- Capacity issues
- Variations to the Will if required
- Administering the Estate
- Tax advice
- Legal advice outside of the service requested
Issuing Notice: Section 8 Notice £250 plus VAT at 20% or £300 plus VAT at 20% Section 21 Notice
Preparing and issuing claims:
- Section 8 claim: £550 plus VAT at 20%
- Section 21 claim: £650 plus VAT at 20%
- Section 21 Accelerated: £895 plus VAT at 20%
Plus £391 court fee
Preparation for hearing: This is typically not required for s.21 Accelerated Claims – £400 plus VAT at 20%. In addition, there is a £120 plus VAT at 20% advocate fee. The advocate will represent our client at the hearing.
Instructing county court bailiffs: £355 plus VAT at 20% and a court fee of £143.
How do possession proceedings work?
- Issuing Notice: We will serve the appropriate Section 21 or Section 8 notice, the cost is £250 plus VAT for Section 8 Notice or £300 plus VAT Section 21 Notice.
- Application to Court: We will prepare and issue your court claim; the court fee is £391.
- Hearing: A hearing will be listed by the Court following the issue of a section 21 claim and a section 8 claim. A hearing is not typically required in a Section 21 Accelerated Possession Claim. If a hearing is scheduled, parties will be required to attend. We will prepare a witness statement for you and instruct an advocate to attend court to present your claim to the judge. Our fee for this is £400 plus VAT. The advocate’s fee will be in the sum of £120 plus VAT.
- Bailiff Action: If the tenants do not leave on the date ordered by the court, we will instruct a county court bailiff to perform a physical eviction. The fees involved are our legal fees of £355.00 plus VAT, plus £143 court fee.
What is included:
- Initial telephone conversation
- Regular updates
- Answering any questions as they arise
What is excluded:
- Meeting at your local office with a lawyer (can be arranged at additional cost)
- Your valuation costs which are payable to your professional valuer
- Your freeholder’s professional costs
- Legal advice outside of the service requested
- Responding to a defence should the claim become contested
- Preparing rent statements
These fees assume that the property is let on an assured shorthold tenancy and that all of the regulatory requirements which entitle you to serve a notice have been complied with by you or your agent.
How long will it take?
The timescales vary depending on the type of notice served and the process followed. Each case must be considered individually but we will always – without exception – endeavour to procure possession as soon as practicably possible.
When will I pay?
Attwells Solicitors will ask for money on account in advance of each stage of the possession process.
Conveyancing Cost
Attwells Solicitors are conveyancing and property solicitors. We specialise in residential conveyancing offering you fixed fees. Our conveyancing fees reflect the level of service you will receive and the speed at which your transaction will take place. Our quotes include and break down every possible cost.
Purchase or Sell Price | Fee |
---|---|
£20,000 and under | £850 plus VAT at 20% |
£20,001 to £50,000 | £1,050 plus VAT at 20% |
£50,001 to £80,000 | £1,250 plus VAT at 20% |
£80,0o1 and above | £1,550 plus VAT at 20% |
Additional Fees | Fee |
---|---|
Electronic ID (per person) | £15.00 plus VAT at 20% |
Winding Up Search (If seller is Company or buyer is a company and finance) | £30.00 plus VAT at 20% |
Final Searches (purchase only) | £25.00 plus VAT at 20% |
TT Fee (per transfer) | £45.00 plus VAT at 20% |
SDLT Form Fee (purchase only) | £95.00 plus VAT at 20% |
Overseas Company Fee | £925.00 plus VAT at 20% |
Search Fees | £300.00 plus VAT at 20% |
Finance Fees: Secured Loan Agreement (Loan Agreement & Legal Charge/Mortgage) Unsecured Loan Agreement (Loan Agreement only) |
£1,899.00 plus VAT at 20% £949.00 plus VAT t 20% |
Disbursements For Purchases Only
HM Land Registry: Registration Service Fees.
Value or amount | Apply by post | Apply using the portal or Business Gateway, for transfers or surrenders which affect the whole of a registered title | Apply using the portal or Business Gateway, for registration of all leases and transfers or surrenders which affect part of a registered title | Voluntary first registration (reduced fee) |
---|---|---|---|---|
£0 to £80,000 | £45.00 | £20.00 | £45.00 | £30.00 |
£80,001 to £100,000 | £95.00 | £40.00 | £95.00 | £70.00 |
£100,001 to £200,000 | £230.00 | £100.00 | £230.00 | £170.00 |
£200,001 to £500,000 | £330.00 | £150.00 | £330.00 | £250.00 |
£500,001 to £1,000,000 | £655.00 | £295.00 | £655.00 | £495.00 |
£1,000,001 and over | £1,105.00 | £500.00 | £1,105.00 | £830.00 |
For more information on HM Land Registry: Registration Services fees please their website.
Stamp Duty and Land Tax (Subject to personal Circumstances)
Property or lease premium or transfer value | SDLT rate |
---|---|
Up to £250,000 | 0% |
The next £675,000 (the portion from £250,001 to £925,000) | 5% |
The next £575,000 (the portion from £925,001 to £1.5 million) | 10% |
The remaining amount (the portion above £1.5 million) | 12% |
For more information of SDLT please visit the Government’s website.
Transfer of Equity – What is and is not included:
What is included in your Quote
- Drawing a Transfer Deed to transfer the ownership of the property (where applicable).
- Approving a Transfer Deed to transfer the ownership of the property.
- Obtaining relevant signatories.
- Registration of the transfer with Land Registry (where applicable).
What is not included in your Quote
- Tax advice.
- An investigation of the property title and searches.
- Advice on the transfer and the nature of the agreement between the parties.
- Anything not listed as included above.
The fees quoted are based on the information you have given us to produce this quote. Sometimes there are unexpected issues or the matter is more complex than first thought and therefore additional services may be needed. Please see attached a list of some of the things that could be needed.
When will you be billed?
These services can be provided if required and we can discuss the fees for this if needed.
What timescales am I looking at?
The timescale for a transfer of equity will depend on how quickly all parties have received the advice that they may need and are happy to sign the transfer deed.
I shall approve the transfer deed within 7 days of receiving instructions and a copy of the title for the property.
If there is to be a new mortgage or lenders consent to the transfer, I anticipate this could add a further two weeks to the timescale.
If another third party needs to consent to the transfer such as a landlord for a leasehold property, this could add further time to this timescale and I should be able to advise further once I know of all parties involved and their requirements.
I will do my best to meet your specific timeframe but these timescales are indicative only. I will advise you if for any reason these timescales do not appear achievable.
Third Party costs
The third party charges quoted are an indication at this stage based on what we know about your matter. If these change at any point, we will notify you before any cost is incurred. We will take £250.00 from you to cover upfront third party costs and our fees once your matter is underway.
Where a TT fee is being charged, this is a legal fee payable to Attwells for the time spent by out cashiers carrying our anti-fraud checks and setting up and processing payments to third parties which include (but is not limited to) you, other solicitors, mortgage companies, HMRC, Management Companies. This is not a fee charged by the bank to Attwells.
SDLT and Land Registry fees are calculated based on the value or the price paid for a property and if the property price changes, so may the figures quoted.
Our Debt Recovery Team
Your debt recovery will be one of these fee earners. All the debt recovery fee earner ore overseen by Will Oakes.
Letter Before Action
We will prepare a case specific letter to your debtor demanding payment of the sums due to you. Our fee includes taking your instructions, preparing the letter, sending the letter by post and email, receipting and reply and forwarding that reply to you with a request for your further instructions. The fee excludes any work in respect of advising on subsequent strategy or the merit of any defence raised by the debtor. We will provide fixed and reasonable fee quotes for subsequent work on a case by case basis according to the nature of the issues involved.
Issuing Court Claim
For this fee we will prepare and file a court claim in respect of your debt. Our fees do not include the cost of time spent reporting to you on and advising on the merit of any defence.
County Court Judgement
This is the fee that we charge for entering Judgment against the Debtor in the event that the debtor does not respond to the claim.
Our Conveyancers
Your conveyancer will be one of these fee earners. All the conveyancing fee earners are overseen by Laura Catania.
Our Remortgage Conveyancers
Your remortgage conveyancer will be one of these fee earners. All the conveyancing fee earners are overseen by Laura Catania.
Our Transfer of Ownership Conveyancers
Your specialist conveyancer will be one of these fee earners. All the conveyancing fee earners are overseen by Laura Catania.
Coming Off – Advice Only
Scale | Freehold |
---|---|
£0 to £5,000,000 | £750.00 plus VAT at 20% |
£5,000,001 to £1,000,000 | £950.00 plus VAT at 20% |
£1,000,001 to £2,000,000 | £1,200 plus VAT at 20% |
£2,000,001 to £3,000,000 | £1,400 plus VAT at 20% |
£3,000,001 to £4,000,000 | £1,700 plus VAT at 20% |
£4,000,001 to £5,000,000 | £2,000 plus VAT at 20% |
We do not act on Transfer of Ownerships over £5,000,000.
Additional Fees
Additional Fees | Fee |
---|---|
Leasehold | £175.00 plus VAT at 20% |
ID Fee | £15.00 plus VAT at 20% |
File Set Up Fee | £79.00 plus VAT at 20% |
Coming Off – Advice and Completion
Scale | Freehold |
---|---|
£0 to £5,000,000 | £950.00 plus VAT at 20% |
£5,000,001 to £1,000,000 | £1,100.00 plus VAT at 20% |
£1,000,001 to £2,000,000 | £1,300 plus VAT at 20% |
£2,000,001 to £3,000,000 | £1,500.00 plus VAT at 20% |
£3,000,001 to £4,000,000 | £2,000.00 plus VAT at 20% |
£4,000,001 to £5,000,000 | £2,300.00 plus VAT at 20% |
We do not act on Transfer of Ownerships over £5,000,000.
Additional Fees
Additional Fees | Fee |
---|---|
Leasehold | £175.00 plus VAT at 20% |
ID Fee | £15.00 plus VAT at 20% |
TT Fee | £45.00 plus VAT at 20% |
File Set Up Fee | £79.00 plus VAT at 20% |
Staying On
Scale | Freehold |
---|---|
£0 to £5,000,000 | £550.00 plus VAT at 20% |
£5,000,001 to £1,000,000 | £850.00 plus VAT at 20% |
£1,000,001 to £2,000,000 | £1,150.00 plus VAT at 20% |
£2,000,001 to £3,000,000 | £1,450.00 plus VAT at 20% |
£3,000,001 to £4,000,000 | £1,750.00 plus VAT at 20% |
£4,000,001 to £5,000,000 | £2,050.00 plus VAT at 20% |
We do not act on Transfer of Ownerships over £5,000,000.
Additional Fees
Additional Fees | Fee |
---|---|
Leasehold | £175.00 plus VAT at 20% |
SDLT Return | £75.00 plus VAT at 20% |
TT Fee (for each) | £45.00 plus VAT at 20% |
Official Copies | £40.00 plus VAT at 20% |
Final Searches | £20.00 plus VAT at 20% |
Existing Charge | £250.00 plus VAT at 20% |
New Charge | £250.00 plus VAT at 20% |
ID Fee (per person) | £15.00 plus VAT at 20% |
ID1 Check | £125.00 plus VAT at 20% |
File Set Up Fee | £79.00 plus VAT at 20% |
Disbursements
HM Land Registry: Registration Service Fees.
These fees are for transfers of equity where there is money changing hands (based on value of the property) and you are staying on the title.
Value or amount | Apply by post | Apply using the portal or Business Gateway, for transfers or surrenders which affect the whole of a registered title | Apply using the portal or Business Gateway, for registration of all leases and transfers or surrenders which affect part of a registered title | Voluntary first registration (reduced fee) |
---|---|---|---|---|
£0 to £80,000 | £45.00 | £20.00 | £45.00 | £30.00 |
£80,001 to £100,000 | £95.00 | £40.00 | £95.00 | £70.00 |
£100,001 to £200,000 | £230.00 | £100.00 | £230.00 | £170.00 |
£200,001 to £500,000 | £330.00 | £150.00 | £330.00 | £250.00 |
£500,001 to £1,000,000 | £655.00 | £295.00 | £655.00 | £495.00 |
£1,000,001 and over | £1,105.00 | £500.00 | £1,105.00 | £830.00 |
These fees are for remortgages and transfers of property where no money changes hands and you are staying on the title.
Value or amount | Apply by post | Apply using the portal or Business Gateway, for transfers or surrenders which affect the whole of a registered title | Apply using the portal or Business Gateway, for registration of all leases and transfers or surrenders which affect part of a registered title |
---|---|---|---|
£0 to £100,000 | £45.00 | £20.00 | £45.00 |
£100,001 to £200,000 | £70.00 | £30.00 | £70.00 |
£200,001 to £500,000 | £100.00 | £45.00 | £100.00 |
£500,001 to £1,000,000 | £145.00 | £65.00 | £145.00 |
£1,000,000 ad over | £305.00 | £140.00 | £305.00 |
For more information on HM Land Registry: Registration Services fees please their website.
Stamp Duty and Land Tax – (subject to personal circumstances)
These are based on consideration
Property or lease premium or transfer value | SDLT rate |
---|---|
Up to £250,000 | 0% |
The next £675,000 (the portion from £250,001 to £925,000) | 5% |
The next £575,000 (the portion from £925,001 to £1.5 million) | 10% |
The remaining amount (the portion above £1.5 million) | 12% |
For more information of SDLT please visit the Government’s website.
Remortgage What is and is not included:
What is included?
- Arranging identification checks for up to 2 people (any additional checks required are at £18.00 (£15.00 plus VAT) per check.
- Obtaining all title documents.
- Requesting redemption (repayment) figures from current mortgage lenders.
- Review of your mortgage offer, reporting to you on the documentation provided and any special conditions, and acting for your mortgage lender.
- Arranging your signature to the documents needed for the remortgage to go through.
- Arranging completion of your remortgage.
- Paying off any current mortgages secured against the Property.
- Registration of your new mortgage with HM Land Registry.
What is not included?
- Dealing with any title defect for your property to enable the remortgage to complete.
- Dealing with a management company if the property is freehold.
- Dealing with a Landlord and/or management company if the property is Leasehold.
- Arranging indemnity insurance.
- Searches where your mortgage lender requires them.
- Dealing with second and additional mortgages or restrictions on the remortgage of the property.
- Transfer of ownership between registered owners.
- Drafting a Deed of Covenant if required by a Landlord or Management Company.
- Transfers of party of a registered piece of land.
- Lease extensions.
- Equity release mortgages.
- Unregistered property.
- Remortgaging with tenants in situ.
- Tax advice such as (but not limited to) Capital Gains Tax.
- Anything not listed as included in the above
Remortgage timeframes:
According to Right Move, the national average for a remortgage transaction is currently 8 weeks from receipt of the mortgage offer. There are various things that will affect the speed of a remortgage transaction such as the length of a lease or any other defects in title or special conditions that the mortgage lender requires.
We will do everything that we can to progress your remortgage as swiftly as possible.
When will you be billed?
You will be billed on completion of your remortgage and the bill will be payable at that time.
If your matter becomes abortive, the following fees will be charged:
25% of the legal fee if the title check has been carried out.
50% of the legal fee if we have reported to you on the terms of your mortgage.
75% of the legal fee if we are ready to complete your remortgage.
Scale | Freehold |
---|---|
£0 to £1,000,000 | £500.00 + VAT at 20% |
£1,000,001 to £2,000,000 | £1,000.00 + VAT at 20% |
£2,000,001 to £3,000,000 | £2,000.00 + VAT at 20% |
£3,000,001 to £5,000.000 | £3,000.00 + VAT at 20% |
We do not act on remortgages over £5,000,000.
Additional Fees
Additional Fees | Fee |
---|---|
Leasehold | £175.00 plus VAT at 20% |
Shared Ownership | £150.00 plus VAT at 20% |
Land Registry Fees | £45.00 to £305.00 plus VAT at 20% |
TT Fee (for each) | £45.00 plus VAT at 20% |
OCEs | £40.00 plus VAT at 20% |
Electronic ID (per person) | £15.00 plus VAT at 20% |
Search Pack Fee (Under £1m) | £300.00 plus VAT at 20% |
Search Pack Fee (£1m or over) | £500.00 plus VAT at 20% |
Final Search | £20.00 plus VAT at 20% |
Disbursements
HM Land Registry: Registration Service Fees.
These fee are for remortgages (based on value).
Value or amount | Apply by post | Apply using the portal or Business Gateway, for transfers or surrenders which affect the whole of a registered title | Apply using the portal or Business Gateway, for registration of all leases and transfers or surrenders which affect part of a registered title |
---|---|---|---|
£0 to £100,000 | £45.00 | £20.00 | £45.00 |
£100,001 to £200,000 | £70.00 | £30.00 | £70.00 |
£200,001 to £500,000 | £100.00 | £45.00 | £100.00 |
£500,001 to £1,000,000 | £145.00 | £65.00 | £145.00 |
£1,000,001 and over | £305.00 | £140.00 | £305.00 |
For more information on HM Land Registry: Registration Services fees please their website.
Purchase what is and what is not included:
What is included?
- Arranging identification checks for up to 2 people (any additional checks required are at £18.00 (£15.00 plus VAT) per check.
- Reviewing the title documents and reporting to you on these
- Raising enquiries with the sellers solicitors
- Arranging and advising you on the results of any searches
- Advising you on your mortgage where applicable
- Arranging your signature to the documents needed for the purchase to go through
- Arranging exchange of contracts to take place
- Arranging completion of your purchase
- Submitting your SDLT documentation and paying the SDLT calculated where applicable
- Dealing with your landlord and/or management company (if leasehold)
- Registering the property with the Land Registry
What is not included?
- Acting on accompany purchase.
- Dealing with beneficial ownership arrangements.
- Drafting a Deed of Covenant if required by a Landlord or Management Company.
- Dealing with a management company if the property is freehold.
- Arranging indemnity insurance.
- Gifted Deposits.
- Non-standard mortgages.
- Dealing with failure to complete the transaction (at the fault of either party) once exchange has taken place.
- Transfers of party of a registered piece of land.
- Lease extensions.
- Claims for breach of contract or misrepresentation following completion.
- Equity release mortgages.
- Unregistered property.
- Buying with tenants in situ.
- Transferring the share in a freehold property (where the main property is leasehold)
- Identifying SDLT reliefs or exemptions
- Advising on complex SDLT situations – this is a self-assessment Tax
- Anything not listed as included in the above
Purchase timeframes:
According to Right Move, the national average for a conveyancing transaction is currently 20 weeks from agreeing the sale to moving home. There are various things that will affect the speed of a transaction such as the length of the chain or personal circumstances of people within the chain.
We will do everything that we can to progress your transaction as swiftly as possible.
Sale what is and what is not included:
What is included?
- Arranging identification checks for up to 2 people (any additional checks required are at £18.00 (£15.00 plus VAT) per check.
- Obtaining all title documents.
- Issuing contract papers to the buyer’s solicitors.
- Dealing with enquiries of the buyer and their solicitor.
- Arranging your signature to the documents needed for the sale to go through.
- Arranging exchange of contracts to take place
- Arranging completion of your sale
- Paying off any mortgages secured against the property
- Dealing with your landlord and/or management company (if leasehold)
What is not included?
- Dealing with any title defect for your property.
- Dealing with a management company if the property is freehold.
- Arranging indemnity insurance.
- Dealing with second and additional mortgages or restrictions on the sale of the property.
- Drafting a Deed of Covenant if required by a Landlord or Management Company.
- Dealing with a management company if the property is freehold.
- Arranging indemnity insurance.
- Dealing with failure to complete the transaction (at the fault of either party) once exchange has taken place.
- Transfers of party of a registered piece of land.
- Lease extensions.
- Claims for breach of contract or misrepresentation following completion.
- Equity release mortgages.
- Unregistered property.
- Selling with tenants in situ.
- Transferring the share in a freehold property (where the main property is leasehold)
- Tax advice such as (but not limited to) Capital Gains Tax.
- Anything not listed as included in the above
Sale timeframes:
According to Right Move, the national average for a conveyancing transaction is currently 20 weeks from agreeing the sale to moving home. There are various things that will affect the speed of a transaction such as the length of the chain or personal circumstances of people within the chain.
We will do everything that we can to progress your transaction as swiftly as possible.
Property Value | Freehold | Leasehold |
---|---|---|
£0 to £3,000,000 | 0.20% plus VAT at 20% | 0.25% plus VAT at 20% |
£3,000,001 to £5,000,000 | 0.25% plus VAT at 20% | 0.30% plus VAT at 20% |
£5,000,001 and over | 0.30% plus VAT at 20% | 0.35% plus VAT at 20% |
Additional Fees
Sale Addition Fees | Fee |
---|---|
Official Copies | £40.00 plus VAT at 20% |
TT Fee (for each) | £45.00 plus VAT at 20% |
ID Fee (per person) | £15.00 plus VAT at 20% |
Purchase Addition Fees | Fee |
---|---|
TT Fee (for each) | £40.00 plus VAT at 20% |
ID Fee (per person) | £15.00 plus VAT at 20% |
SDLT Return | £75.00 plus VAT at 20% |
Land Registry Searches | £20.00 plus VAT at 20% |
Search Pack Fee (Under £1m) | £300.00 plus VAT at 20% |
Search Pack Fee (£1m or over) | £500.00 plus VAT at 20% |
Disbursements – For Purchases Only
HM Land Registry: Registration Service Fees.
Value or amount | Apply by post | Apply using the portal or Business Gateway, for transfers or surrenders which affect the whole of a registered title | Apply using the portal or Business Gateway, for registration of all leases and transfers or surrenders which affect part of a registered title | Voluntary first registration (reduced fee) |
---|---|---|---|---|
£0 to £80,000 | £45.00 | £20.00 | £45.00 | £30.00 |
£80,001 to £100,000 | £95.00 | £40.00 | £95.00 | £70.00 |
£100,001 to £200,000 | £230.00 | £100.00 | £230.00 | £170.00 |
£200,001 to £500,000 | £330.00 | £150.00 | £330.00 | £250.00 |
£500,001 to £1,000,000 | £655.00 | £295.00 | £655.00 | £495.00 |
£1,000,001 and over | £1,105.00 | £500.00 | £1,105.00 | £830.00 |
For more information on HM Land Registry: Registration Services fees please their website.
Stamp Duty and Land Tax – (subject to personal circumstances)
Property or lease premium or transfer value | SDLT rate |
---|---|
Up to £250,000 | 0% |
The next £675,000 (the portion from £250,001 to £925,000) | 5% |
The next £575,000 (the portion from £925,001 to £1.5 million) | 10% |
The remaining amount (the portion above £1.5 million) | 12% |
For more information of SDLT please visit the Government’s website.
Property Sale
Property Value | Legal Fees |
---|---|
£0 to £250,000 | £735.00 plus VAT at 20% |
£250,001 to £400,000 | £815.00 plus VAT at 20% |
£400,001 to £500,000 | £915.00 plus VAT at 20% |
£500,001 to £750,000 | £995.00 plus VAT at 20% |
£500,001 t0 £750,000 | £950.00 plus VAT at 20% |
£750,001 to £1,000,000 | £1,295.00 plus VAT at 20% |
£1,000,001 to £1,200,000 | £1,495.00 plus VAT at 20% |
£1,200,001 to £1,500,000 | £1,695.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £1,995.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £2995.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £3995.00 plus VAT at 20% |
Property Purchase
Property Value | Legal Fees |
---|---|
£0 to £250,000 | £735.00 plus VAT at 20% |
£250,001 to £400,000 | £815.00 plus VAT at 20% |
£400,001 to £500,000 | £915.00 plus VAT at 20% |
£5000,001 to £750,000 | £995.00 plus VAT at 20% |
£750,001 t0 £1,000,000 | £1,295.00 plus VAT at 20% |
£1,000,001 to £1,200,000 | £1,495.00 plus VAT at 20% |
£1,200,001 to £1,500,000 | £1,695.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £1,995.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £2,995.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £3,995.00 plus VAT at 20% |
Disbursements
Sale Disbursements | Fee |
---|---|
Leasehold | £175.00 + VAT at 20% |
Mortgage Fee | £450.00 + VAT at 20% |
If you don’t have a standard mortgage then one of the two apply:
Bridging finance Debenture bridging finance |
£899.00 + VAT at 20%
£1,249.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee | £45.00 + VAT at 20% |
ID Check | £15.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
Purchase Disbursements | Fee |
---|---|
Leasehold | £175.00 + VAT at 20% |
Mortgage Fee | £450.00 + VAT at 20% |
If you don’t have a standard mortgage then one of the two apply:
Bridging finance Debenture bridging finance |
£899.00 + VAT at 20%
£1,249.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee | £40.00 + VAT at 20% |
ID Check | £15.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
SDLT Return | £75.00 + VAT at 20% |
Land Registry Searches | £20.00 + VAT at 20% |
Land Search Fees (Under £1m) | £300.00 + VAT at 20% |
Land Search Fees (£1m or over) | £500.00 + VAT at 20% |
Property Sale
Property Value | Legal Fees |
---|---|
£0 to £500,000 | £1,195.00 plus VAT at 20% |
£500,001 to £750,000 | £1,495.00 plus VAT at 20% |
£750,001 to £1,000,000 | £1,695.00 plus VAT at 20% |
£1,000,001 to £1,500,000 | £1,895.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £1,995.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £2,995.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £3,995.00 plus VAT at 20% |
Property Purchase
Property Value | Legal Fees |
---|---|
£0 to £500,000 | £1,195.00 plus VAT at 20% |
£500,001 to £750,000 | £1,495.00 plus VAT at 20% |
£750,001 to £1,000,000 | £1,695.00 plus VAT at 20% |
£1,000,001 to £1,500,000 | £1,895.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £1,995.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £2,995.00 plus VAT at 20% |
£2,500,001 to £3.000,000 | £3,995.00 plus VAT at 20% |
Disbursements
Sale Disbursements | Fee |
---|---|
Leasehold | £175.00 + VAT at 20% |
Mortgage Fee | £450.00 + VAT at 20% |
If you don’t have a standard mortgage then one of the two apply:
Bridging finance Debenture bridging finance |
£899.00 + VAT at 20%
£1,249.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee | £45.00 + VAT at 20% |
ID Check | £15.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
Purchase Disbursements | Fee |
---|---|
Leasehold | £175.00 + VAT at 20% |
Mortgage Fee | £450.00 + VAT at 20% |
If you don’t have a standard mortgage then one of the two apply:
Bridging finance Debenture bridging finance |
£899.00 + VAT at 20%
£1,249.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee | £40.00 + VAT at 20% |
ID Check | £15.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
SDLT Return | £75.00 + VAT at 20% |
Land Registry Searches | £20.00 + VAT at 20% |
Land Search Fees (Under £1m) | £300.00 + VAT at 20% |
Land Search Fees (£1m over) | £500.00 + VAT at 20% |
Property Sale
Property Value | Legal Fees |
---|---|
£0 to £250,000 | £695.00 plus VAT at 20% |
£250,001 to £400,000 | £745.00 plus VAT at 20% |
£400,001 to £500,000 | £875.00 plus VAT at 20% |
£500,001 to £750,000 | £975.00 plus VAT at 20% |
£500,001 t0 £750,000 | £1,150.00 plus VAT at 20% |
£750,001 to £1,000,000 | £1,450.00 plus VAT at 20% |
£1,000,001 to £1,200,000 | £1,650.00 plus VAT at 20% |
£1,200,001 to £1,500,000 | £1,995.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £1,995.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £2995.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £3995.00 plus VAT at 20% |
Property Purchase
Property Value | Legal Fees |
---|---|
£0 to £250,000 | £695.00 plus VAT at 20% |
£250,001 to £400,000 | £745.00 plus VAT at 20% |
£400,001 to £500,000 | £875.00 plus VAT at 20% |
£5000,001 to £750,000 | £975.00 plus VAT at 20% |
£750,001 t0 £1,000,000 | £1,150.00 plus VAT at 20% |
£1,000,001 to £1,200,000 | £1,450.00 plus VAT at 20% |
£1,200,001 to £1,500,000 | £1,650.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £1,995.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £2,995.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £3,995.00 plus VAT at 20% |
Disbursements
Sale Disbursements | Fee |
---|---|
Leasehold | £175.00 + VAT at 20% |
Mortgage Fee | £450.00 + VAT at 20% |
If you don’t have a standard mortgage then one of the two apply:
Bridging finance Debenture bridging finance |
£899.00 + VAT at 20%
£1,249.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee | £45.00 + VAT at 20% |
ID Check | £15.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
Purchase Disbursements | Fee |
---|---|
Leasehold | £175.00 + VAT at 20% |
Mortgage Fee | £450.00 + VAT at 20% |
If you don’t have a standard mortgage then one of the two apply:
Bridging finance Debenture bridging finance |
£899.00 + VAT at 20%
£1,249.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee | £40.00 + VAT at 20% |
ID Check | £15.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
SDLT Return | £75.00 + VAT at 20% |
Land Registry Searches | £20.00 + VAT at 20% |
Land Search Fees (Under £1m) | £300.00 + VAT at 20% |
Land Search Fees (£1m or over) | £500.00 + VAT at 20% |
Supplements Fee List
Supplements | Fee |
---|---|
Company Supplement | £225.00 + VAT at 20% |
Company AML | £20.00 + VAT at 20% |
Winding up search | £30.00 + VAT at 20% |
Companies House | £15.00 + VAT at 20% |
There are two types of LPAs. One will deal with finances and property and the other deals with health and welfare.
- Finances and property – If elected to do so, this can be used even if you have mental capacity. This is often useful for someone who is physically unable to get to the bank or sign documents for the sale of their property etc.
- Health and welfare – This can only be used when someone has lost the capacity to make decisions for themselves. This will deal with where someone lives, what they eat, or how they are looked after and can also give permission to someone to make life-sustaining decisions – this is optional.
Common Misconceptions about Lasting Power of Attorney
It is a common misconception that your next of kin can make certain decisions for you if you are not able to, especially in respect of your health and wellbeing.
The reality is that you must formally give the power to another person to make decisions for you, even if that person is your spouse or civil partner.
Historically, these powers were granted in an Enduring Power of Attorney (EPA), and these can still be valid today. However, more recently, a LPA is used, and this is what we discuss here.
What to consider before entering into an LPA?
One of the most important things to consider is who you want to make decisions for you. It’s important you choose someone you trust and who understands your feelings. Also, you need to consider what decision they can make. There are two types of LPA, concerning health and wealth. You can choose one or both. If your capacity to make decisions varies due to location or a health condition, you may wish to specify requirements and conditions to your LPA too.
What to consider if relying on LPA
The first thing to consider is if the person could make the decision for themselves. You may not always agree with the decisions, but if they have the mental capacity, it is still their decision. However, if they don’t have mental capacity, you’ll need to consider who has the power to make the decision on their behalf. Acting in the best interest of a loved one is a big responsibility, therefore sometimes more than one person is named
What can be done if someone doesn’t have an LPA?
What happens when I contact you about a Last Power of Attorney?
- We will arrange for you to have a telephone or online communication platform meeting with one of our Private Client solicitors, prior to which your payment would be required, and you would also need to send us a copy of your ID. During the telephone or Skype meeting, we will discuss with you the best course of action*.
- Our solicitor will then prepare your LPA and send it to you in the post with clear guidance on how to sign it.
- Our solicitor will then prepare your LPA and send it to you in the post with clear guidance on how to sign it. Part of our guidance would include requiring a person who has known you for over 2 years to confirm you have the capacity to sign.
- You will need to sign your LPA
- A certificate provider will need to sign your LPA after you. Often Attwells can do this for you
- Your attorneys will need to sign your LPA
- Once everyone has signed the document, your LPA is legally binding but will need to be registered with the OPG
* There may be occasions when, unfortunately, we have to question capacity or if an LPA is being made under duress. In these rare circumstances, a phone interview may not be appropriate.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Yes, this is the best time. Your conveyancer will send you a ‘Joint Ownership Form’ which provides a reference to how you would like the property to be owned. You have two options, Tenants in Common or Joint Tenants.
By selecting a Tenants in Common you can choose to own different percentages (shares) of the property. For example, 40/50. In this scenario, the property does not automatically go to the other owner or owners if you die, but to the person named in your will.
Whereas Joint Tenants have equal shares, owning 50% of the property each. In addition, your 50% share will automatically go to the other owner in the event of your death.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
There may be various reasons why co-owners choose to separate their shares in their property.
This may be for the simple reason that one co-owner is putting in more money than the other to the purchase of the property and wants to ensure that they receive those funds back in the event of a sale.
Alternatively, one party may be paying more towards the mortgage and the bills as ongoing costs and therefore they may wish to state that they own a greater share of the property than the other party.
The relationship between the co-owners will often dictate how the equity is divided. For example, friends or business partners will likely want to specify their shares in the property so that they can ensure this is left to their own family members in the event of their death.
In order to document these shares, co-owners should enter into a Declaration of Ownership.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What is a voluntary lease extension?
A voluntary lease extension is when you have an agreement with the freeholder to extend your leasehold term. Under this circumstance a lease extension may be straightforward.
What is a statutory lease extension?
A statutory lease extension is when the freeholder does not agree or is proposing unreasonable terms. The government has a piece of legislation that enables you to extend your leasehold agreement for an additional 90 years, plus a nil ground rent term is applied. But, to qualify you must have owned the property for more than 2 years.
Paying the freeholder to extend your leasehold term
The freeholder will ask for a deposit to be paid. Typically, this will be 10% of the fee that you agreed to pay for your lease extension. In addition, the freeholder will also request access to the property to carry out a valuation of the property.
As a result, the freeholder will then serve a counter-notice. Usually, this admits the claim and will contain counterproposals in respect of the fee to be paid.
What happens if my lease extension is rejected?
In order to reject the claim, the freeholder must make an application to the court and prove the grounds for the rejection.
Taking your case to a tribunal
Rarely, it might be necessary to make the application to the Tribunal to protect your claim (because time is running out and terms have not been agreed upon) it is rare for the Tribunal to actually decide the lease terms. Normally, this is because a hearing at the Tribunal is to determine the cost payable to the freeholder, if it’s too expensive for example, or if the terms are unreasonable. Therefore, they would only be advised where the difference between the valuers is significant and the gain would warrant any potential costs.
How can Attwells help?
- Firstly, your lawyer will serve an S.42 Notice to the freeholder. This notice will set out the basic details about the property and the fee you would be willing to pay for the extension.
- Next, the freeholder has the right to respond. This is with a counter-notice, which sets out their terms. Typically, this is followed by a period of negotiating which your lawyer will do on your behalf.
- Finally, the lease extension is agreed upon.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
In a typical property transaction, the buyer and seller share various costs associated with conveyancing. However, the specific allocation of expenses can vary depending on local customs, negotiation, and any agreements reached between the parties. Here is a general breakdown of the costs:
Buyer’s Expenses:
- Purchase price: The buyer pays the agreed-upon purchase price for the property.
- Deposit: The buyer provides a deposit, typically a percentage of the purchase price, upon exchange of contracts. This amount is usually held in escrow until the completion of the sale.
- Conveyancing fees: The buyer is responsible for hiring a solicitor or conveyancer to handle the legal aspects of the transaction. The buyer pays the conveyancing fees, which cover services such as property searches, contract review, and registration of the property.
- Mortgage-related costs: If the buyer requires a mortgage, they are responsible for paying any application fees, valuation fees, and other costs associated with obtaining the loan. These fees can vary depending on the lender and mortgage product.
- Stamp duty: In some countries, such as the United Kingdom, the buyer is responsible for paying stamp duty land tax or similar transfer taxes. The amount depends on the purchase price and local regulations.
- Survey and inspection fees: The buyer may choose to conduct a survey or inspection of the property to assess its condition. The associated fees are typically borne by the buyer.
- Mortgage registration fees: If applicable, the buyer may need to cover the costs associated with registering the mortgage on the property.
Seller’s Expenses:
- Conveyancing fees: The seller hires a solicitor or conveyancer to handle the legal aspects of the transaction. The seller pays the conveyancing fees associated with the sale.
- Agent’s commission: If the seller used a real estate agent to facilitate the sale, they are responsible for paying the agent’s commission, which is typically a percentage of the sale price.
- Mortgage discharge fees: If the seller has an outstanding mortgage on the property, they may incur fees associated with discharging or releasing the mortgage upon completion of the sale.
It’s important to note that the allocation of costs can be negotiable between the parties involved. It’s advisable to discuss and clarify the financial responsibilities upfront to avoid any misunderstandings or disputes during the conveyancing process. Consulting with a solicitor or conveyancer can provide specific guidance based on the local laws and practices applicable to your situation.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Buying a house is an important and complex process. Here are some general steps to consider when buying a house:
- Determine your budget: Assess your financial situation, including your savings, income, and credit score. Determine how much you can afford to spend on a house, considering factors like down payment, monthly mortgage payments, and additional costs like property taxes and maintenance.
- Get pre-approved for a mortgage: Contact lenders to get pre-approved for a mortgage loan. This step will help you understand how much you can borrow and give you a better idea of your budget when house hunting.
- Define your requirements: Make a list of your needs and preferences for the house, such as location, size, number of bedrooms, amenities, and proximity to schools or transportation. This will help narrow down your search and focus on properties that meet your criteria.
- Start house hunting: Use estate agent websites, or explore local listings such as Rightmove to find properties that match your requirements. Visit potential houses, consider their condition, and evaluate their suitability for your needs.
- Make an offer: Once you find a house you’re interested in, work with your estate agent to make an offer to the seller. Consider factors like market conditions, comparable sales, and the condition of the property when determining your offer price.
- Negotiate and complete inspections: Negotiate with the seller to agree on the terms of the sale, including price, contingencies, and any repairs or modifications needed. Conduct a home inspection to identify any issues or problems with the property and negotiate repairs or adjustments if necessary.
- Finalise the mortgage: Work with your lender to finalise your mortgage application, providing all the necessary documentation and completing any required steps for loan approval.
- Close the deal: Coordinate with your estate agent, lender, and attorney to prepare for the closing. During the closing, you’ll sign the necessary paperwork, pay closing costs, and transfer the ownership of the property. Once completed, you’ll receive the keys to your new house.
Remember, the process may vary depending on your location, local laws, and specific circumstances. It’s advisable to seek professional advice from a estate agent, mortgage lender, or solicitor to guide you through the home-buying process and ensure a successful transaction.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
An auction house is a company or institution that facilitates the buying and selling of items through auctions. Auction houses typically specialise in specific types of goods, such as fine art, antiques, collectibles, property, or cars. They serve as intermediaries between sellers and buyers, providing a platform for sellers to showcase their items and buyers to place bids.
Auction houses typically employ auctioneers or auction specialists who conduct the bidding process. They may organise auctions in physical locations, such as dedicated auction rooms or event spaces, or conduct online auctions through their websites or third-party platforms. Auction houses often handle the marketing, promotion, and cataloging of items, ensuring a transparent and efficient auction process.
In addition to facilitating the auction itself, auction houses may provide services such as appraisals, valuations, authentication, and storage of items. They may charge fees or commissions based on a percentage of the final sale price or a combination of buyer and seller premiums.
Locally Auction House also relates to property auction business.
If you are purchasing or selling property at auction please click the button below to receive a quote for an auction pack review or/and auction conveyancing.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Property auctions are events where properties are sold to the highest bidder. They provide an alternative method of buying and selling real estate, often with a time-limited bidding process. Auctions can be conducted in person or online. Properties at auctions can include residential homes, commercial buildings, land, and other types of real estate. Auctions can offer potential advantages such as a faster sale process, competitive bidding, and potential bargains. However, it’s important to thoroughly research and understand the auction process, property conditions, and any associated risks before participating.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Housing auctions are events where properties are sold through a competitive bidding process. They can occur for various reasons, such as the seller requiring a quick sell, bank-owned properties or properties in disrepair. Here are some key points about housing auctions:
- Auction Process: Properties available for auction are typically listed and advertised by auction houses, estate agents, or government agencies. Interested buyers can review property details, attend open houses or inspections, and conduct due diligence before the auction.
- Bidding: On the auction day, registered bidders compete against each other by placing bids on the properties. Bidding can occur in person at a physical location, online via bidding platforms, or through a combination of both.
- Reserve Price: Some auctions have a reserve price, which is the minimum amount that the seller is willing to accept for the property. If the bidding does not reach the reserve price, the property may be withdrawn from the auction.
- Winning Bidder: The property is sold to the highest bidder once the bidding concludes and meets or exceeds the reserve price. The winning bidder is typically required to provide a deposit immediately after the auction as a sign of commitment to the purchase.
- Payment and Completion: The winning bidder is usually given a specific timeframe to pay the remaining balance. Payment methods can include cash, certified checks, or financing options like mortgages. Once the purchase is complete, the buyer takes ownership of the property.
- Risks and Considerations: It’s important to thoroughly research the properties and their legal and financial status before participating in a housing auction. Properties are often sold “as is,” meaning buyers may need to assume any existing liens, repairs, or other issues. Understanding the auction terms, conditions, and any associated fees is crucial.
- Professional Assistance: Auctions can be complex, so it’s advisable to seek guidance from estate agents, auctioneers, or legal and financial professionals with experience in housing auctions. Our auction lawyers can help you are auction pack reviews and with auction conveyancing.
Remember, the specific rules, regulations, and processes may vary depending on the auctioneer, location, and type of auction. It’s essential to familiarise yourself with the specific details of the housing auction you are interested in to ensure a smooth and successful bidding experience.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Yes, it is possible to buy a property at an auction with a mortgage. However, the process may vary depending on the auction and the specific terms and conditions set by the auctioneer.
Typically, if you plan to use a mortgage to finance your auction property purchase, it is advisable to arrange your financing beforehand. This involves getting pre-approved for a mortgage from a lender, which will provide you with a clear understanding of how much you can borrow and the terms of the loan.
When participating in an auction, you should be prepared to pay a deposit immediately after winning the bid. The deposit is usually a percentage of the purchase price and is typically required to secure the property. The remaining balance is usually due within a specified timeframe, often 30 to 60 days.
To complete the purchase, you can use the mortgage loan you obtained earlier to pay the remaining balance. However, it’s crucial to confirm with your lender that they are willing to provide a mortgage for a property purchased at an auction. Some lenders may have specific requirements or restrictions for auction purchases.
It’s recommended to seek advice from a qualified mortgage professional or financial advisor who can guide you through the process and help you navigate the specific requirements and conditions associated with buying a property at auction with a mortgage.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
At what point are we legally committed to the sale?
Once contracts are exchanged, you’re legally committed to the sale.
Before you sign on the dotted line, make sure you’re committed. If you decide to pull out after exchanging, you will be in breach of that contract and may have to pay penalty costs.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What happens on our completion date?
Once your conveyancing solicitor has sorted out any issues and finished all the local area searches required a completion date will be agreed by all parties.
When the completion date comes around your solicitor will receive the money you’re owed from your buyer.
You will need to vacate your property and your solicitor will then send over the signed documents of ownership to your buyer’s solicitor. At this point, your solicitor will pay off any remaining mortgage you may have, cover any estate agent fees, and deduct their own payment. You will then receive the remaining balance.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
How much do I have to pay upfront for conveyancing?
We only require £25 on account. This allows us to start your conveyancing, by completing your ID checked.
Payments can be made online, 24/7. The £25 will be taken off your final bill.
Remortgage & paying back Help to Buy Loan
Remortgaging is when you replace your current mortgage deal with another. This can be as simple as changing the terms of your existing mortgage with your current lender or it can mean changing lenders altogether.
The reasons that people tend to remortgage are varied, but common reasons are:
-
A lender is offering a better deal
-
To increase your loan amount to pay off your Help to Buy Loan
-
You have experienced a change of circumstances (such as a divorce or a bereavement)
-
You would like to release equity in the property
Very often, when you are remortgaging with the same lender, the process is very simple. Some lenders will give you a new deal without the involvement of a solicitor.
If you are switching lenders, however, the requirements are likely to be more complicated. The process will feel similar to when you first purchased the property. For example, the lender will require a valuation and searches.
The importance of clear unambiguous drafting of overage payments
The term ‘overage’ refers to an increase in value of a property either during or after the sale subject to certain ‘trigger events’. The classic example is for a developer to buy a plot of land, following which, the developer will then apply for planning permission to build say 50 houses. If the developer gets planning permission for more than 50 houses, the Seller will be entitled to an ‘overage payment’ i.e. an increase in the sale price.
In the case of London and Ilford Ltd (the Developer) v Sovereign Property Holdings Ltd (the Seller), the ‘trigger event’ was the developer receiving prior approval from the local authority for Permitted Development to convert the property into a minimum of 60 residential units. When the ‘trigger event’ occurred, the Seller claimed the £750,000 overage payment.
The developer however disagreed and stated that the payment was to provide a commercially valuable benefit and therefore Prior Approval was only valuable if the 60 residential units could lawfully be built.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
When should we start packing?
Once contracts are signed you will arrange a moving date. Once you have a date you can book a removal company (if you are using one).
An average conveyancing matter takes 150 days so you can start collecting boxes and packing or disposing of any items you rarely use (especially seasonal items like the Christmas decorations).
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Conveyancing Cost
Every conveyancing fee is based on individual circumstances. At Attwells our instant online conveyancing calculator gives you your personalised quotation.
Attwells Solicitors are conveyancing and property solicitors. We specialise in residential conveyancing offering you fixed fees. Our conveyancing fees reflect the level of service you will receive and the speed at which your transaction will take place. Our quotes include and break down every possible cost.
Property Sale
Property Value | Legal Fees |
---|---|
£0 to £250,000 | £995.00 plus VAT at 20% |
£250,001 to £400,000 | £1,015.00 plus VAT at 20% |
£400,001 to £500,000 | £1,115.00 plus VAT at 20% |
£500,001 to £750,000 | £1,195.00 plus VAT at 20% |
£750,001 to £1,000,000 | £1,495.00 plus VAT at 20% |
£1,000,001 to £1,200,000 | £1,695.00 plus VAT at 20% |
£1,200,001 to £1,500,000 | £1,895.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £2,195.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £3,195.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £4,195.00 plus VAT at 20% |
£3,000,001 to £3,500,000 | £4,445.00 plus VAT at 20% |
£3,500,001 to £4,000,000 | £5,445.00 plus VAT at 20% |
£4,000,001 to £4,500,000 | £6,445.00 plus VAT at 20% |
£4,500,001 to £5,000,000 | £7,445.00 plus VAT at 20% |
£5,000,001 to anything over | Please visit our Partner Lead Service page |
Property Purchase
Property Value | Legal Fees |
---|---|
£0 to £250,000 | £995.00 plus VAT at 20% |
£250,001 to £400,000 | £1,015.00 plus VAT at 20% |
£400,001 to £500,000 | £1,115.00 plus VAT at 20% |
£5000,001 to £750,000 | £1,195.00 plus VAT at 20% |
£750,001 t0 £1,000,000 | £1,495.00 plus VAT at 20% |
£1,000,001 to £1,200,000 | £1,695.00 plus VAT at 20% |
£1,200,001 to £1,500,000 | £1,895.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £2,195.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £3,195.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £4,195.00 plus VAT at 20% |
£3,000,001 to £3,500,000 | £4,445.00 plus VAT at 20% |
£3,500,001 to £4,000,000 | £5,445.00 plus VAT at 20% |
£4,000,001 to £4,500,000 | £6,445.00 plus VAT at 20% |
£4,500,001 to £5,000,000 | £7,245.00 plus VAT at 20% |
£5,000,001 to anything over | Please visit our Partner Lead Service page |
Additional Fees
Sale | Fee |
---|---|
Leasehold | £225.00 + VAT at 20% |
Mortgage Fee | £175.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee (for each) | £45.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
Official Copies | £45.00 + VAT at 20% |
Purchase | Fee |
---|---|
Leasehold | £225.00 + VAT at 20% |
Mortgage Fee | £175.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee (for each) | £45.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
SDLT Return | £75.00 + VAT at 20% |
Land Registry Searches | £20.00 + VAT at 20% |
Search Pack Fees (Under £1m) | £300.00 + VAT at 20% |
Search Pack Fees (£1m or over) | £500.00 + VAT at 20% |
Property Sale
Property Value | Legal Fees |
---|---|
£0 to £500,000 | £1,345.00 plus VAT at 20% |
£500,001 to £750,000 | £1,645.00 plus VAT at 20% |
£750,001 to £1,000,000 | £1,845.00 plus VAT at 20% |
£1,000,001 to £1,500,000 | £2,195.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £2,395.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £3,395.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £4,395.00 plus VAT at 20% |
£3,000,001 to £3,500,000 | £4,695.00 plus VAT at 20% |
£3,500,001 to £4,000,000 | £5,695.00 plus VAT at 20% |
£4,000,001 to £4,500,000 | £6,695.00 plus VAT at 20% |
£4,500,001 to £5,000,000 | £7,695.00 plus VAT at 20% |
£5,000,000 to anything over | Please visit our Partner Lead Service page |
Property Purchase
Property Value | Legal Fees |
---|---|
£0 to £500,000 | £1,345.00 plus VAT at 20% |
£500,001 to £750,000 | £1,645.00 plus VAT at 20% |
£750,001 to £1,000,000 | £1,845.00 plus VAT at 20% |
£1,000,001 to £1,500,000 | £2,195.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £2,395.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £3,395.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £4,395.00 plus VAT at 20% |
£3,000,001 to £3,500,000 | £4,695.00 plus VAT at 20% |
£3,500,001 to £4,000,000 | £5,695.00 plus VAT at 20% |
£4,000,001 to £4,500,000 | £6,695.00 plus VAT at 20% |
£4,500,001 to £5,000,000 | £7,695.00 plus VAT at 20% |
£5,000,001 to anything over | Please visit our Partner Lead Service page |
Additional Fees
Sale | Fee |
---|---|
Leasehold | £225.00 + VAT at 20% |
Mortgage Fee | £175.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee (for each) | £45.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
Official Copies | £40.00 + VAT at 20% |
Purchase | Fee |
---|---|
Leasehold | £225.00 + VAT at 20% |
Mortgage Fee | £175.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee (for each) | £45.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
SDLT Return | £90.00 + VAT at 20% |
Land Registry Searches | £20.00 + VAT at 20% |
Search Pack Fees (Under £1m) | £300.00 + VAT at 20% |
Search Pack Fees (£1m or over) | £500.00 + VAT at 20% |
Property Sale
Property Value | Legal Fees |
---|---|
£0 to £250,000 | £695.00 plus VAT at 20% |
£250,001 to £400,000 | £745.00 plus VAT at 20% |
£400,001 to £500,000 | £875.00 plus VAT at 20% |
£500,001 to £750,000 | £975.00 plus VAT at 20% |
£750,001 to £1,000,000 | £1,150.00 plus VAT at 20% |
£1,000,001 to £1,200,000 | £1,450.00 plus VAT at 20% |
£1,200,001 to £1,500,000 | £1,650.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £1,995.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £2,995.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £3,995.00 plus VAT at 20% |
£3,000,001 to £3,500,000 | £4,995.00 plus VAT at 20% |
£3,500,001 to £4,000,000 | £5,995.00 plus VAT at 20% |
£4,000,001 to £4,500,000 | £6,995.00 plus VAT at 20% |
£4,500,001 to £5,000,000 | £7,995.00 plus VAT at 20% |
£5,000,001 to anything over | Please visit our Partner Lead Service page |
Property Purchase
Property Value | Legal Fees |
---|---|
£0 to £250,000 | £695.00 plus VAT at 20% |
£250,001 to £400,000 | £745.00 plus VAT at 20% |
£400,001 to £500,000 | £875.00 plus VAT at 20% |
£500,001 to £750,000 | £975.00 plus VAT at 20% |
£750,001 to £1,000,000 | £1,150.00 plus VAT at 20% |
£1,000,001 to £1,200,000 | £1,450.00 plus VAT at 20% |
£1,200,001 to £1,500,000 | £1,650.00 plus VAT at 20% |
£1,500,001 to £2,000,000 | £1,995.00 plus VAT at 20% |
£2,000,001 to £2,500,000 | £2,995.00 plus VAT at 20% |
£2,500,001 to £3,000,000 | £3,995.00 plus VAT at 20% |
£3,000,001 to £3,500,000 | £4,995.00 plus VAT at 20% |
£3,500,001 to £4,000,000 | £5,995.00 plus VAT at 20% |
£4,000,001 to £4,500,000 | £6,995.00 plus VAT at 20% |
£5,000,000 to anything over | Please visit our Partner Lead Service page |
Additional Fees
Sale | Fee |
---|---|
Leasehold | £175.00 + VAT at 20% |
Mortgage Fee | £150.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee (for each) | £45.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
Official Copies | £40.00 + VAT at 20% |
Purchase | Fee |
---|---|
Leasehold | £175.00 + VAT at 20% |
Mortgage Fee | £150.00 + VAT at 20% |
Shared Ownership | £150.00 + VAT at 20% |
TT Fee (for each) | £45.00 + VAT at 20% |
File Set Up Fee | £79.00 + VAT at 20% |
SDLT Return | £75.00 + VAT at 20% |
Land Registry Searches | £20.00 + VAT at 20% |
Search Pack Fees (Under £1m) | £300.00 + VAT at 20% |
Search Pack Fees (£1m or over) | £500.00 + VAT at 20% |
Disbursements For Purchases Only
HM Land Registry: Registration Service Fees.
Value or amount | Apply by post | Apply using the portal or Business Gateway, for transfers or surrenders which affect the whole of a registered title | Apply using the portal or Business Gateway, for registration of all leases and transfers or surrenders which affect part of a registered title | Voluntary first registration (reduced fee) |
---|---|---|---|---|
£0 to £80,000 | £45.00 | £20.00 | £45.00 | £30.00 |
£80,001 to £100,000 | £95.00 | £40.00 | £95.00 | £70.00 |
£100,001 to £200,000 | £230.00 | £100.00 | £230.00 | £170.00 |
£200,001 to £500,000 | £330.00 | £150.00 | £330.00 | £250.00 |
£500,001 to £1,000,000 | £655.00 | £295.00 | £655.00 | £495.00 |
£1,000,001 and over | £1,105.00 | £500.00 | £1,105.00 | £830.00 |
For more information on HM Land Registry: Registration Services fees please their website.
Stamp Duty and Land Tax (Subject to personal Circumstances)
Property or lease premium or transfer value | SDLT rate |
---|---|
Up to £250,000 | 0% |
The next £675,000 (the portion from £250,001 to £925,000) | 5% |
The next £575,000 (the portion from £925,001 to £1.5 million) | 10% |
The remaining amount (the portion above £1.5 million) | 12% |
For more information of SDLT please visit the Government’s website.
Should we sell our home before we buy?
If you don’t have children, large pets, or various other dependants, then thinking about the advantages of selling before you actually buy might be worthwhile. Of course you will need somewhere to live once your house is sold, but if a short term stay at somewhere (maybe at a parent’s, friends or air bnb) is feasible, then selling without the pressure of buying at the same time gives you more control over the sale of your house.
Moving into your next home
Buying your next home, when your family is expanding, can be equally as exciting yet challenging at the same time. You may be embarking on the next chapter of your life when two become three, or maybe a further new arrival is on its way.
Buying and selling a home together and becoming part of a “chain” of transactions can become frustrating and mysterious, with numerous buyers and sellers involved. A longer chain means more people involved and it may potentially take longer for everyone to be ready to exchange contracts and agree a completion date. If one party delays then the whole chain will be delayed, so be patient and make sure your agent can provide you with regular updates on the whole chain and not just your property. This is so that you can realistically manage your expectations as to when you will be moving.
Moving Home to Change School Catchment Area
Moving in the early years of your children’s life will mean that you are able to make sure that your new home is within the catchment area of the perfect school for your children. When planning your move, it is important to factor in that it will take around 12-16 weeks from a sale being agreed to the actual move in date. Most schools have deadlines for enrolment and you will either need to have exchanged contracts or have completed to enrol your children for the start of the following term. It is crucial to make sure that your agent and solicitor are aware of any time critical dates so that the whole chain is made fully aware.
Being clear with dates will help any last-minute issues with school placements. If you can only move during school holidays then make sure you tell your buyer and seller at the point of offer. Ensure that your budget has been properly considered. Moving home is expensive; you will have agent’s fees, solicitor’s fees, surveyors fee and most likely a higher amount of stamp duty than your first property. Your solicitor will be able to advise you on this.
On the day of completion, be organised and prepared, as the time of completion can be affected by how many people there are in your chain. Your solicitor will be unable to complete the purchase of your new home until they have received the funds from the solicitor acting for your buyer, who in turn could be waiting for funds from their buyer. This sometimes means that completion doesn’t take place until early afternoon. Aim to have your removal company packed up and ready to leave around midday but be prepared that you may not be able to collect your keys to your new home immediately.
Your removal company will have experience of sometimes having to wait to unload and they are there to assist you along the way. Have a ‘moving day box’ packed and in the car including a flask, snacks and something to entertain the children in case you do face delays in key collection.
Buying and selling your home at the same time will only be as stressful and frustrating as you make it. If you are realistic with your timings for the move and make sure you communicate any critical dates or timeframes you have with your solicitor and agent then this will increase the likelihood of them being achieved. Be mindful that you may incur delays on the way that are not within your control as synchronising a chain of people with different needs and their own timeframes can sometimes be challenging.
Our FAQ and articles are correct at the time of writing. These have been created for marketing purposes only and should not be considered as legal advice.
How do I find out who my new utility suppliers are?
You can find this information out via www.findmysupplier.energy
U Switch also offer a postcode searching system, so you can find the best deal for your needs in your new home.
Moving Home Tips
If you’re never moved before this blog is for you! Our moving home tips blog is packed full of useful information and ideas. Perfect for first-time buyers moving house. We discuss all the moving home stages from a practical point of view starting with giving notice if you live in a rented property.
Give notice to your landlord
It is always worth giving as much notice as possible to your landlord – but the actual notice requirement will depend on your rental agreement. An average completion takes 8 weeks with Attwells Solicitors but your conveyancer will be able to offer you more advice regarding moving dates as this depends on the chain you are in.
Finalise your moving date: when do I start packing?
Once contracts are signed, you will then arrange a moving date.
Once you have a moving date you will need to confirm notice with your landlord if you are renting. This would be an ideal time to book time off work, book a removal service or ask friends if they are available to help you. You may also wish to arrange childcare or a place for your pet/pets to stay.
If you decide to use a removal company then check whether they offer additional services such as insurance and storage. Make sure that the removal company belongs to the British Association of removers and book your van at least 3 weeks prior to your moving date.
If you are moving now is a good time to start collecting boxes, your local supermarket or local shop may be able to supply you with some. We would recommend you start packing decorative, out of season, and other items you rarely use.
Make sure you label the boxes and keep your Fixtures Fittings and Contents Form to hand. You would have completed this form prior to signing your contract, therefore you are contract bound to leave the items agreed upon in this form.
Move your broadband and television?
Nowadays most people don’t have a home telephone. However, you will have a landline if you have broadband. Depending on where you are moving to you may not need to change your broadband provider. We would recommend you call your broadband provider up as early as possible to discuss your options. BT requires at least 2 weeks’ notice and may have to install a new line.
Depending on demand some TV and entertainment platform providers may require some notice to book an engineer’s visit. Also, explore if the current provider operates at your new address.
Both Sky and Virgin will require your moving date and new address to check coverage. You may also be asked to clear your outstanding balance. Sky charge an up-front one-off payment of £35 for installing your Sky TV on a weekday, a weekend is slightly more costing £50. It’s also worth noting they charge for missing your appointment, canceling or rescheduling on the day too. This is £25 and will be added to your next bill.
Virgin Media charges a £20 movers fee to transfer your service to your new address.
Two weeks to go! Don’t panic!
Start running down your freezer and cupboards, items such as tins of baked beans or shower gel can take up a lot of room. It may also be worth measuring furniture to see what will fit down the stairs or out of the front door. Some flat pack items are not designed to be taken apart, so please be mindful. Equally, you may only need to partly dismantle some items, for example taking the legs off your bed.
How to notify or change your utility suppliers?
Firstly, you will need to check who supplies your new home. You can find this information out via www.findmysupplier.energy. U Switch also offers a postcode searching system, so you can find the best deal for your needs.
You need to call your gas and electric supplier at least 48 hours before you are due to move. They will ask you for your moving date and your new address so they can send you a final bill.
On the day we recommend you take a photo of your meters – gas, electric, and water. This will offer you proof of usage with a time and date should you need it.
Once you have moved you can call them supplying them with your final meter reading or you can inform them of this via their website.
7 days to go!
Prior to the big day finish off packing non-day-to-day items. Keep all your boxes in one room and if possible, note which ones are heavy. If you have any direct debits linked to your old home cancel them, likewise remember to cancel any regular orders, such as newspapers or milk.
Changing your address?
When you move, you’ll need to inform several organisations as well as family and friends of your move. Your place of work, your bank, insurance, pension, and credit card providers will all need to know. Along with your council (for council ta
x), the nice people at TV Licensing, your doctor and other health care providers, the DVLA, and benefit providers such as Working Tax Credits.
The Post Office does offer a useful re-direct service, alternatively, you could provide your buyers with a bundle of pre-paid envelopes to forward any mail. This method would be suitable for letters, however, parcels could be an issue, so remember to change your eBay account, Amazon, and any other online shopping providers.
The day before your move – What should you do?
The day before your move you should defrost your fridge freezer. Place towels and a bowl to capture the water. Please let your appliance defrost naturally. Once you have moved your fridge freezer you will need to let it stand for at least 30 minutes, 1 hour to be safe. This gives the gases inside time to settle.
We would also recommend disconnecting large appliances such as washing machines – remember to fit transit bolts if required.
Another great tip is to pack a survival box for your new home. Including items such as a kettle, tea/coffee, and a toilet roll.
On the day of the move
You will need to turn off electricity, gas, and water supplies at the mains and take a final meter reading as suggested above. If the property is going to be vacant for a while drain the water system too. Finally, lock all windows and doors, make one last check, and say goodbye to your old home!
Further information can also be found on our YouTube channel.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
In order for us to take full instructions in relation to your transaction, we require identification for all parties.
For the majority of our client’s, we will require a completed electronic ID check (EIDV).
In today’s world, financial crime is increasingly sophisticated. Fraudsters are able to impersonate others to sell property that they do not own, commit money laundering, funding of terrorism and mortgage fraud. Solicitors who fail to properly identify a client could unintentionally assist in these serious crimes.
One of the securest ways to lower this risk is by using technology to complete an electronic identification verification. EIDV verifies an individual’s identity by matching entries such as names, dates of birth and address from public and private data sets, as well as asking the individual to complete a ‘liveness test’.
To complete the electronic ID check you will need a valid government issued ID document (such as passport or driving license) and two pieces of address ID. Acceptable ID documents can be found in the table below.
The provider we use to complete our electronic ID checks is called Legl. Your lawyer will send you a link to complete the check in your welcome email.
Once you open the link you will first need to input a few basic details about yourself and you will then be asked to provide a photograph of your ID document/s. The final step will be to record a short video of yourself, following some basic instructions, such as ‘turn to the left’, ‘say 1,2,3’. Follow the on screen instructions and once all steps are complete you will be able to select ‘submit’.
You will be notified by email that the process has been completed. Your lawyer will contact you if there are any issues.
For a step by step guide of how to complete the ID check on Legl you can watch the below video or read the guidance notes in the document below. If you have any issues we would advise you in the first instance to contact Legl using their online help centre.
Your lawyer will inform you at the outset what ID they require. Please check with your lawyer before visiting one of our offices with your ID, so they can ensure the appropriate ID check is completed.
If you are a legal entity (such as a company, trust, partnership or other entity), or if you live abroad, please ask for our further ID requirements.
PHOTOGRAPHIC IDENTIFICATION | PROOF OF ADDRESS (we accept electronically downloaded documents) |
---|---|
Current signed passport | Utility bill (gas, electric, landline phone bill) issued within the last three months |
EEA member state identity card | Local authority council tax bill for the current council tax year |
Current UK or EEA photocard driving licence | Current UK driving licence (but only if not used for the name evidence) |
Bank, Building Society or Credit Union statement or passbook dated within the last three months | |
Original mortgage statement from a recognised lender issued for the last full year | |
Solicitors letter within the last three months confirming recent house purchase or land registry confirmation of address | |
HMRC self-assessment letters or tax demand dated within the current financial year | |
Electoral Register entry |
Please never send original ID documents to us in the post, as we do not want to run the risk that they get lost in the post, but also this will not be an appropriate way to complete your ID check.
What ID do I need to provide if I am an existing client?
We are required to keep our records up to date and we will review any ID we hold for an existing client before determining whether further ID is required. If you have not had an ID check carried out by us for more than 12 months then you may be asked to complete a new check. You will also be asked to complete a new ID check where the documents previously supplied have expired e.g. your passport or driving license is out of date. Your lawyer will advise you as to what is required.
ID certification by a Solicitor
There may be times where you are asked to obtain certified ID from a Solicitor.
In order to take a certified copy, the document must be photocopied and on the photocopy, the person certifying must write as follows:
Photographic Identification: “I hereby certify that this is a true copy of the original and a true likeness of [Client name]” followed by certifiers name, occupation and signature.
Proof of Address: “I hereby certify this to be a true copy of the original” OR “I hereby confirm this is an electronic copy” followed by certifiers name, occupation
and signature.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Why is a stamp duty form fee included within my quotation?
Although you may be exempt from paying stamp duty we are still required to complete a return to HM Revenue and Customs to notify them that the purchase has taken place.
In some cases it is also required for us to obtain the funds from your mortgage lender and therefore complete on your purchase.
Why is a stamp duty form fee included within my quotation – The SDLT Holiday means you still have relief up to £250,000.
Rates from 1st July 2021 to 30th September 2021.
Property or lease premium or transfer value | SDLT Rate |
---|---|
Up to £250,000 | 0% |
The next £675,000 (the portion from £250,001 to £925,000) | 5% |
The next £575,000 (the portion from £925,001 to £1.5 million) | 10% |
The remaining amount (the portion above £1.5 million) | 12% |
What if I am a higher ratepayer?
Higher rates from 1st July 2021 to 30th September 2021.
Property or lease premium or transfer value | SDLT Rate |
---|---|
Up to £250,000 | 3% |
The next £675,000 (the portion from £250,001 to £925,000) | 8% |
The next £575,000 (the portion from £925,001 to £1.5 million) | 13% |
The remaining amount (the portion above £1.5 million) | 15% |
What if I am a First-Time Buyer?
In England and Northern Ireland, you will pay no SDLT on properties worth up to £300,000. For properties up to £500,000, you will pay no SDLT on the first £300,000 but will then pay 5% on the remaining amount. If the property you’re buying is worth over £500,000, you will need to pay the standard rates of Stamp Duty and won’t qualify for first-time buyer’s relief.
If you wish to check your SDLT amount then please use the following calculator: https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Yes – It is important to stay in touch with your Estate Agent, even once Attwells are involved, and it’s in your estate agent’s best interests too! Build relationships with your agent and use them to assist and chase up anything that is needed to move your transaction along.
How long does conveyancing take?
At Attwells we use technology to move your conveyancing file on quickly.
Our conveyancers will also pick up the phone or send an email when requesting more information. This also speeds up the conveyancing process.
Of course, for clients who prefer a more traditional approach, we are more than happy to cater to your needs. We know not everyone has an email address.
What happens during conveyancing?
Accepting The Quote – Simply click the accept button within your email or agree the fee over the phone.
Paying Money Onto Your Account – We require £25 on account to enable us to carry out our ID checks on you. Payments can be made online, 24/7. The £25 will be taken off your final bill.
Mortgage Valuations – Your mortgage provider will require a valuation of the property you wish to buy. The valuation is designed to confirm the property you are buying is worth the same or more than the value of your mortgage.
Signing Your Contract – Once you are happy after reading all the paperwork your conveyancer will send you your contract to sign. At this point, we will ask you for your 10% deposit.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What is the timescale of selling a property?
What is the timescale of selling a property? Whilst there may be unavoidable delays, Attwells pride ourselves on transaction times that are four times faster than the national average.
Week 1: Instruct Attwells, pay money on account and complete the property information forms.
Week 2: Attwells issues the contract and ownership information to the buyer’s solicitors.
Week 3 to 6: Attwells agrees the contract and will help you satisfy all enquiries from the buyer’s solicitors.
Week 7 to 8: Moving date agreed and contracts exchanged – This makes the sale binding.
Week 9 to 11: You now have a guaranteed moving date. You can make arrangements and start packing. You will need to sign completion documents with Attwells. You will receive a statement showing the amount you will receive on completion.
Week 12: Complete. Move out and handover keys, any mortgage is redeemed and you should renew or make a will.
What are the timescales for exchange and completion once I return my documents to you?
What are the timescales for exchange and completion once I return my documents to you? An approximate timescale is eight to ten weeks however each conveyancing transaction is different and it is not possible to give a more detailed timescale at this stage. We will deal with your work as quickly as possible however the transaction can really only progress as quickly as the slowest party in the chain. Your appointed conveyancer will be able to discuss this with you in more detail and will keep you updated on progress as the transaction progresses.
Selling a property after Probate
Once the value of the estate is known, you can decide which Inheritance Tax (IHT) Forms and Probate Forms need to be completed to obtain the Grant of Representation.
Once the Grant of Representation has been obtained you need to first pay any Inheritance Tax (IHT) and Capital Gains Tax or Income Tax due. Any tax and administration costs can be deducted from the estate before it is distributed amongst the beneficiaries
Please note: Attwells Solicitors have produced this timescale as a guide only. Your transaction may take longer depending on your circumstances. A leasehold may take 4 plus weeks longer. For more information, please contact your conveyancer. www.attwells.com.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What to do if my maiden name is still on the deeds of the property I’m selling?
If your maiden name is still on the deeds of the property you are selling we will need to see your marriage certificate. We will either need you to send the original which we can copy and then return to you or a copy that has been certified by a local solicitor.
What happens if I change my name when buying a property?
I got married recently and my identification is still in my maiden name. Do you need me to provide any other information? Yes, we will also need you to provide your marriage certificate. We will need you to send the original. We can photocopy it and then return to you. Or you could send us a copy that has been certified by a local solicitor.
How much will it cost me to change the names on my property deeds?
How much will it cost me to change the names on my property deeds? This depends on whether you have an existing mortgage or not and if the property is leasehold or freehold.
A Transfer of Ownership is required when you wish to transfer part or all of your property to another person. This can be vital for several reasons, but most commonly it’s due to a relationship breakdown. The process allows you to legally add or remove a person from the property title deeds, leaving at least one of the original owners in place.
However, if no original owner is remaining on the title deeds, you would require our conveyancing services, as this would become a sale or a purchase rather than a Transfer of Equity, even if no money changes hands.
How much will it cost me to change the names on my property deeds and what is included in the price?
- Drawing a Transfer Deed to transfer the ownership of the property
- Obtaining relevant signatories
- Dealing with your lender’s consent to the transfer (where applicable)
- Dealing with your remortgage (where applicable)
- Dealing with your landlord’s requirements for the transfer (where applicable)
What is not included?
- Tax advice
- Anything not listed as included above
Depending on your circumstances, Stamp Duty Land Tax may be payable. This has not been included in the quote. If SDLT is due, an additional £75 + VAT will be added to your quote for completing and filing the SDLT return. Land Registry Fees are due and will be payable based upon the purchase price. The Final Search Fee will be £20 plus VAT and Title Search Fee will be £20 plus VAT for a freehold or £30 plus VAT for a leasehold. We also have an additional fee scale you may wish to refer to.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
I don’t have any photo identification
If you don’t have a photo id we can accept three types of ‘proof of address’ documents listed on our identification requirements sheet together with proof of your date of birth. Your conveyancer will ask for your ID when buying and selling a property when instructing, you’ll then be sent a welcome pack.
What happens during conveyancing?
Accepting the quote – Simply click the accept button within your email or agree to the fee over the phone.
Paying money onto your account – We require £25 on account. This allows us to start your conveyancing and complete your ID checks. Payments can be made online, 24/7. The £25 will be taken off your final bill. In the unlikely event your conveyancing falls through, Attwells offer a no move, no fee promise.
Welcome Pack – Your conveyancer will send you a welcome email with a few basic documents. These can be filled in and signed using your phone.
Mortgage Valuations – Your mortgage provider will require a valuation of the property you wish to buy. The valuation is designed to confirm the property you are buying is worth the same or more than the value of your mortgage.
Send reports – Everything outlined above (mortgage details, searches and draft contract) is reported to you. Our reports are written to be simple to read. However, if you prefer your conveyancer can talk you through your report. Below, is a list of frequently asked questions.
Signing your contract – Once you are happy after reading all the paperwork your conveyancer will send you your contract to sign. At this point, we will ask you for your 10% deposit.
Completion – Prior to completion we will receive your statement of funds required. Your funds will then be requested from your mortgage lender. Once we have your funds the keys will be released, and you can move into your new home. Congratulations!
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Can I speed up the conveyancing process
Attwells will make sure that your transaction is a priority from the moment you instruct us. You can also help to speed things along by being proactive from the very first stages, organising paperwork like searches and redemption figures as soon as you decide to move.
We encourage good communication and recommend a telephone call as the most direct form of contact.
Can I speed up the conveyancing process – Move Ready could help
Move Ready is an exclusive service from Attwells Solicitors. This new approach to conveyancing allows homeowners to sell their homes faster by up -fronting most of the conveyancing legal paperwork free of charge, provided you instruct Attwells to do the conveyancing. You must instruct Attwells’ Move Ready service before or at the same time as you go to market with an estate agent.
The benefits to Move Ready are that the following legal requirements will be completed prior to an offer being made:
- Ownership documents
- Planning, building regulations, and guarantees
- The usual enquiries of the seller
- Replies to the anticipated enquiries of a buyer
- Searches of all the relevant authorities
By providing all the upfront information on your property you are reducing the risk of the sale falling through by 50%.
Be Move Ready with Attwells
Many of the traditional solicitors will not consider this method due to the up-front costs they incur. But Attwells believe it’s important to get the country moving again. Therefore, we are willing to begin working on your conveyancing straightaway at no extra cost.
Be Move Ready – please click the link below.
If you are happy with our quote you can proceed by filling in your details and paying a small sum to complete our identification checks, which will be deducted from your conveyancing costs.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What are the most common examples of Independent Legal Advice – typically they are relating to commercial finance or personal legal matters.
Independent Legal Advice for Commercial matters
- A director providing an independent guarantee (guaranteeing the loan in their personal capacity) to a commercial loan (Company BTL Mortgage, Commercial Mortgage etc)
- Joint Borrower/Sole Proprietor Mortgage- this is where the borrowers (e.g., parent and their child) are different to the parties that will legally own the property (usually just the child). Barclays are the most common lender who offer this at present.
- Occupier’s Consent to Mortgage- this is where an occupier (over the age of 17) of a property (e.g., children or a current tenant) consent to a mortgage over the Property where they are an occupier but not an owner of the Property or party to the mortgage
Examples for Independent Legal Advice – ILA for Personal Legal matters
- Transfers of Equity (someone being transferred off or on to a title)- These are dealt with separately by the Private Client Department and is outside the scope of our work
- Employee Settlement Agreements- these are outside the scope of our work and is dealt with separately by the Employment Department
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Here are the top 4 requirements of Independent Legal Advice:
- Advice must be given in a face-to-face (or via Zoom under current circumstances*) to the client.
- There must be no other person present when the solicitor is giving advice (if more than one person then they need to meet with us separately).
- The client must read, understand and sign our report to confirm they are satisfied with the advice received.
- The documents must be signed by the client and witnessed by the solicitor who is providing the Independent Legal Advice.
What is Independent Legal Advice used for:
Typically they are relating to commercial finance or personal legal matters.
Independent Legal Advice for Commercial matters
- A director providing an independent guarantee (guaranteeing the loan in their personal capacity) to a commercial loan (Company BTL Mortgage, Commercial Mortgage etc)
- Joint Borrower/Sole Proprietor Mortgage- this is where the borrowers (e.g., parent and their child) are different to the parties that will legally own the property (usually just the child). Barclays are the most common lender who offer this at present.
- Occupier’s Consent to Mortgage- this is where an occupier (over the age of 17) of a property (e.g., children or a current tenant) consent to a mortgage over the Property where they are an occupier but not an owner of the Property or party to the mortgage
Examples for Independent Legal Advice – ILP for Personal Legal matters
- Transfers of Equity (someone being transferred off or on to a title)- These are dealt with separately by the Private Client Department and is outside the scope of our work
- Employee Settlement Agreements- these are outside the scope of our work and is dealt with separately by the Employment Department
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Independent Legal Advice (ILA) is face-to-face advice given by a solicitor to an individual on their personal obligations under a document. There are specific requirements on the solicitor (listed below) when providing ILA to ensure that there is no undue influence (pressure being put on the person by someone else forcing them to enter into the document).
Independent Legal Advice is commonly required in the following circumstances:
- Director’s Personal Guarantees (on corporate loans and mortgages)
- Personal Guarantees (where an individual guarantees repayment of a loan made to someone else)
- 3rd Party Legal Mortgages (where the borrower is not the same person as the person offering the lender security)
- Occupier’s Consent to a Mortgage
- Family “Springboard” Mortgages
- Transfers of Equity
By entering into any of the above documents, you will usually be agreeing to either take on some form of liability or waive some of your rights but without necessarily enjoying any direct personal benefit for doing so. It is, therefore, very important that you fully understand the implications and seek appropriate professional guidance. Lenders and solicitors insist that you obtain Independent Legal Advice under such circumstances.
That said, being told to get Independent Legal Advice is almost always an unwelcome surprise. Too often, the requirement is communicated at the eleventh hour, causing uncertainty, expense, and delays as you try to find a law firm willing and able to give you the advice you need in a reasonable timeframe.
Why do I need it?
By entering into any of the above documents, you will usually be agreeing to either take on some form of liability or waive some of your rights but without necessarily enjoying any direct personal benefit for doing so. It is, therefore, very important that you fully understand the implications and seek appropriate professional guidance. It is right that lenders and solicitors insist that you obtain Independent Legal Advice under such circumstances.
That said, being told to get Independent Legal Advice is almost always an unwelcome surprise. Too often, the requirement is communicated at the eleventh hour, causing uncertainty, expense, and delays as you try to find a law firm willing and able to give you the advice you need in a reasonable timeframe.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
How much will it cost me to change the names on my property deeds? This depends on whether you have an existing mortgage or not and if the property is leasehold or freehold.
A Transfer of Ownership is required when you wish to transfer part or all of your property to another person. This can be vital for several reasons, but most commonly it’s due to a relationship breakdown. The process allows you to legally add or remove a person from the property title deeds, leaving at least one of the original owners in place.
However, if no original owner is remaining on the title deeds, you would require our conveyancing services, as this would become a sale or a purchase rather than a Transfer of Equity, even if no money changes hands.
How much will it cost me to change the names on my property deeds and what is included in the price?
- Drawing a Transfer Deed to transfer the ownership of the property
- Obtaining relevant signatories
- Dealing with your lender’s consent to the transfer (where applicable)
- Dealing with your remortgage (where applicable)
- Dealing with your landlord’s requirements for the transfer (where applicable)
What is not included?
- Tax advice
- Anything not listed as included above
Depending on your circumstances, Stamp Duty Land Tax may be payable. This has not been included in the quote. If SDLT is due, an additional £75 + VAT will be added to your quote for completing and filing the SDLT return. Land Registry Fees are due and will be payable based upon the purchase price. The Final Search Fee will be £20 plus VAT and Title Search Fee will be £20 plus VAT for a freehold or £30 plus VAT for a leasehold. We also have an additional fee scale you may wish to refer to.
Much the same as when a property is purchased from the previous owner when you transfer your property deed, SDLT needs to be considered.
We need to look at what the ‘consideration’ for the transfer is. The consideration is anything of monetary value that is provided to the owner of the property to effect that transfer. For example, this may be cash, the repayment of the mortgage, credit cards, etc.
SDLT is calculated on the total consideration for the transfer.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Will I have to pay Stamp Duty Land Tax on transferring my property deeds? It’s much the same as when a property is purchased from the previous owner when you transfer your property deed, SDLT needs to be considered.
We need to look at what the ‘consideration’ for the transfer is. The consideration is anything of monetary value that is provided to the owner of the property to effect that transfer. For example, this may be cash, the repayment of the mortgage, credit cards, etc.
SDLT is calculated on the total consideration for the transfer.
We then have to work out if the standard SDLT rates apply or if the 3% surcharge may apply. This will depend on whether the person or people staying on the title to the property also own any other property.
If the consideration for the transfer is over £40,000 but no SDLT is payable, HMRC still needs to be notified of the transaction. This is something Attwells would take care of for you.
Will I have to pay Stamp Duty Land Tax on transferring my property deeds? – Here is an example
To give you an idea of how this works, we have set out an example below;
Ms. A and Mr. B have lived together for 15 years although they are not married or in a civil partnership. They are separating and wish to deal with the division of their home. The property has been valued at £300,000 and they have an outstanding mortgage of £50,000 on the property.
Ms. A has decided to stay in the property and buy Mr. B out of the property.
The equity in the property (the value less the outstanding debt) is £250,000, therefore Ms. A will pay Mr. B half of this, i.e., £125,000.
Ms. A will be getting the consent of the existing lender to remove Mr. B from his obligations under the mortgage and therefore she will take over Mr. B’s half of the outstanding mortgage, i.e., £25,000.
The consideration Ms. A is paying is therefore the cash that is changing hands (£125,000) plus half of the existing mortgage debt (£25,000,) totalling £150,000.
The transfer of title is completed on the 30th of June 2019 and based on the rates for SDLT that applied on that date, Ms. A will be liable for SDLT of £500. This assumes that she does not own any other property and is not subject to higher rates of SDLT.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Transferring my Property Deeds When I have a mortgage all depends on what you want to do about the mortgage.
- Do you want to repay it in full and have no further mortgage obligations?
- Do you want to keep the existing mortgage and have someone removed from the mortgage or added to it?
- Do you want to take out a new mortgage in the new owner’s name?
Transferring my Property Deeds when you have no ongoing mortgage
If you just want to repay the existing mortgage, we will need to have the details of your existing mortgage account with your lender so we can arrange for the mortgage to be paid off as part of the transfer.
Keep your existing mortgage
If someone is being removed from the title, the lender will need to satisfy themselves that those remaining on the title documents can afford the mortgage repayments.
If someone is being added to the title, they will need to assume an equal responsibility to the mortgage as those already on the title (those that already own the property). The lender is likely to want to ascertain whether the incoming person can equally afford the mortgage repayments – just like if they were obtaining a new mortgage.
In both instances, the lender would need to provide their consent in writing to the addition or removal of someone from the ownership of the property. The consent can be either the lender’s signature on the transfer deed or a letter confirming their consent. This will depend on the specific lender.
Getting a new mortgage
If the current mortgage is being paid off and you are taking a new mortgage, this is known as a re-mortgage.
This is essentially a second element to the transaction.
We will need to report to the new owners on the new mortgage that is being taken out and you will all need to sign new mortgage documents. These will need to be returned before the new mortgage funds can be ordered and the change in name can take place.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What is the process to change the name on a property deed?
1) Title documents are downloaded from the Land Registry.
What are we looking for?
- Is there a mortgage?
- Who are the current registered owners?
- If more than one person, how do they own the property?
- Re there any other restrictions that would prevent the names to be changed?
2) Draft the deed (transfer deed) to add or remove the relevant people.
All parties to the deed need to sign it.
If anyone is not represented by a solicitor or conveyancer they will need to complete a form to verify their identity.
3) If you own a leasehold property, we most likely will need to contact the freeholder to see what their requirements are for the change of ownership and, if there is to be a change of mortgage lender, to check that insurance is in place and any ground rent and service charges payable are paid up to date.
4) If there is a mortgage on the title, we will either need the lender to consent to the transfer or you will need to get a new mortgage offer in the names of the new owners and we will need this in order to complete the change of names.
If there is no mortgage on the title, we can date the deed (this will be the date that the ownership of the property changes) and get this registered for you with Land Registry.
What is the process to change the name on a property deed – This process is known as a Transfer of Ownership.
A Transfer of Ownership allows you to transfer part or all of your property to another person. This can be vital for several reasons, but most commonly it’s due to a relationship breakdown. The process allows you to legally add or remove a person from the property title deeds, leaving at least one of the original owners in place.
However, if no original owner is remaining on the title deeds, you would require our conveyancing services, as this would become a sale or a purchase rather than a Transfer of Equity, even if no money changes hands.
Our FAQ and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
It is always worth giving as much notice as possible to your landlord – but the actual notice requirement will depend on your rental agreement.
The average completion takes 8 weeks with Attwells Solicitors, but your conveyancer will be able to offer you more advice regarding moving dates as this depends on the chain you are in.
When should I tell my landlord I’m moving – How to get onto the Property Ladder?
Grow your deposit
The biggest hurdle for most potential homeowners is gathering together the sizeable deposit required to purchase that first home. There are schemes that can help you expand the reach of your deposit, such as the Help to Buy ISA. These savings accounts offer a decent interest rate compared to other savings methods, alongside a 25% contribution from the state, up to a maximum of £3000. Although the deadline for opening one of these accounts is the end of November this year, so move fast if you want to take advantage of this scheme.
Sharpen your credit rating
If you’re serious about getting a mortgage to buy a house, then you’ll need a strong credit rating. Even if you’ve been in debt in the past, there are ways you can boost your rating and show you’re now someone mortgage providers can rely on. For example, if you don’t already have one, get a credit card, make purchases on it, and then pay off the balance before you incur any interest payments. Over time, this will strengthen your credit rating.
Cut your rental costs
The lower your rental payments, the more you can save every month. Now, that’s easier said than done, especially if you’ve got your eye on a nice apartment in London. However, if you’re serious about your goal of getting on the property ladder and buying that first house, it’s worth thinking about downgrading in the short term. Being able to move back in with family, commuting from outside the city centre, or moving to a smaller rental property might feel like a step backwards, but as part of a long-term plan, it could actually bring you closer to the first rung of the housing ladder.
Will the new government be able to help you?
Boris Johnson has pledged to give millions of young people the chance to own their own homes… which sounds like a bold promise, but he may have a few plans lined up that offer a glimmer of hope for those who are currently trapped in the rental cycle.
For instance, MPs are considering offering a 20% discount to first-time buyers who buy a property in the area they grew up in, with the costs being absorbed by developers.
There is also the prospect of shared ownership, which allows home buyers the chance to buy a percentage of a property and pay a fraction of the rent on the part they don’t own, alongside their mortgage.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
At Attwells we work within a fixed fee structure for many of our services to ensure that our clients can see in advance how much they are expected to pay.
Leasehold extension – notice of claim: our fees for taking your instructions, liaising with your valuer, preparing the notice, and ensuring that it is properly served on all of the relevant parties. Our fees for this are fixed at £395 + VAT.
Registering the notice of claim: £150 + vat plus Land Registry fee £40.
Landlords response: Our fee for receipting and reporting to you on the counter-notice are £150 + VAT.
Negotiations to respond to the landlord’s counter-notice: £250+ VAT.
First-tier (property) tribunal – this is sometimes required but usually avoided – our fee for making the tribunal application is £525 +VAT. Our fees for preparing the documents necessary to present your case at the tribunal are £525 + VAT (this does not include the cost of presenting your case which will involve the instruction of your valuer or an expert barrister). These costs are only incurred in about 5% of all cases we deal with.
Our fees for completing and registering the new lease (including negotiation and all associated advice) are £950 + VAT plus a Land Registry fee of £40 and final searches at £10.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
I need to extend the lease on my flat, how can I do this?
As the owner of a leasehold property, you can extend the lease either by agreement or by serving notice.
A voluntary extension is usually obtained because an agreement with your freeholder already exists. If no voluntary extension agreement exists then a statutory extension can be sought.
Voluntary Lease Extension
If you have an agreement with your Freeholder, then the process is straightforward. We can help you record this or negotiate it as necessary before arranging registration at the Land Registry.
Statutory Lease Extension
The Leasehold Reform, Housing and Urban Development Act 1993 (as amended) enables tenants to extend their lease by 90 years in addition to the current unexpired term at a nil ground rent (£0), in return for paying the Freeholder a premium.
In order to qualify for this process, the property must have been owned for more than 2 years.
This process involves serving an S.42 Notice upon the Freeholder setting out basic details about the property and the premium you would be willing to pay for the extension.
The Freeholder then has the right to respond with a Counter-Notice setting out what terms they propose or if they don’t believe that you have the right to an extension.
This is typically followed by a period of negotiation and if an agreement cannot be reached the matter can be referred to the First-tier Tribunal (Property Chamber) to make a ruling.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
A right to manage company can be set up by leaseholder property owners who want to manage their building. This can be done without the agreement of the landlord.
If they are successful the landlord will still own the building but the leaseholders will manage things like:
- collecting and managing the service charge
- upkeep of communal areas (such as communal hallways and stairs)
- upkeep of the structure of the building (such as the roof)
- dealing with complaints about the building from other leaseholders
Qualifying leaseholders can use the right to manage for any reason – they don’t have to prove the building has been badly managed.
There are certain procedures that must be followed to set up a RTM company and Attwells can provide the necessary support and advice.
Block Managment Right to Manage (RTM)
Right to Manage gives the leaseholders the statutory right to take over the management of the apartment block or building from the landlord. This means the leaseholders will own the freehold as a collective group, known as a collective enfranchisement.
If you have recently obtained the Right to Manage, we would recommend you seek legal advice.
A good property law solicitor will be able to outline your responsibilities and offer you practical advice. Equally the Lease Advisory Service offers some good initial advice on this matter.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Apartment blocks are all varied and block management companies can face many different problems while managing them.
As property law experts we can support block management firms with all the common issues associated with managing a block in addition to any other related property issues.
These include:
- Enforcing breaches of covenant
- Documenting licenses for alterations
- Dealing with assignment formalities such as receipting notices and documenting stock transfers
- Tackling difficult tenants
- Dealing with unauthorised subletting and AirBnB lettings
- Recovering service charge arrears.
- We are also experts in the law relating to lease extensions and can assist landlords in procuring the optimum outcomes from applications that are made.
What is block management?
Attwells specialise in block management. Block management deals with the common areas within residential apartment blocks such as roofing, external walls, gardens, and parking areas that require maintenance. This work is carried out by a block management company and paid for via the service charges applied to each leaseholder.
I want to set up a right-to-manage company, can you help?
A right-to-manage company can be set up by leaseholder property owners who want to manage their building. This can be done without the agreement of the landlord.
If they are successful the landlord will still own the building but the leaseholders will manage things like:
- collecting and managing the service charge
- upkeep of communal areas (such as communal hallways and stairs)
- upkeep of the structure of the building (such as the roof)
- dealing with complaints about the building from other leaseholders
Qualifying leaseholders can use the right to manage for any reason – they don’t have to prove the building has been badly managed.
There are certain procedures that must be followed to set up an RTM company and Attwells can provide the necessary support and advice.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Attwells specialise in block management. Block management deals with the common areas within residential apartment blocks such as roofing, external walls, gardens, and parking areas that require maintenance. This work is carried out by a block management company and paid for via the service charges applied to each leaseholder.
Leasehold Apartments
Typically, leasehold apartments are within purpose-built residential apartment blocks. Common areas such as roofing, external walls, gardens, and parking areas, therefore, require maintenance.
This work is carried out by a block management company and paid for via the service charges applied to each leaseholder.
Residential management companies
Due to the varied nature of purpose-built apartment blocks, the role of a residential management companies (RMC) can be very broad.
As Attwells are property law experts, we are able to support block management firms or managers with all the common issues associated with managing a block in addition to any other related or subsequent property issues.
These include, in addition to broader commercial and business legal matters:
- Help with breaches of covenants
- Documenting licenses for alterations
- Dealing with assignment formalities such as receipting notices and documenting stock transfers
- Tackling nuisance tenants
- Dealing with unauthorised subletting and Airbnb lettings
- Recovering service charge arrears.
We are also experts in the law relating to lease extensions and can assist landlords in procuring the optimum outcomes.
Ground rent portfolio management
Property investment portfolios can be a bountiful investment over a long period of time. However, managing a ground rent portfolio can be time-consuming, especially with ever-changing regulations to comply with.
Our lawyers can provide you with legal support resolving many of the complex issues an administer can face. We offer monthly retainer packages, or you can choose to pay as you go. Where possible Attwells will always try and offer fixed fees.
Your solicitor will be able to offer you jargon-free advice in relation to:
- Collecting ground rent and service charges and debt recovery
- Lease reviews and compliance
- Lease extensions
- Collective enfranchisement
- Resolving Dispute
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Why do I need to review the legal pack – Reviewing the legal pack:
An auction purchase is legally binding and you only have a small window of opportunity to arrange your mortgage funding (after the auction you are required to complete 28 days later). If there are any problems with the property, this can hold up the release of funds or prevent you from getting a mortgage.
Even if you have access to an auction legal pack there may be important information missing. Attwells can check your auction legal pack and identify anything that might have been left out. You also need to be aware of any special conditions such as specified completion timings, additional fees, etc and we can help with this.
Buying a Property at Auction
1. Conditions of Sale
This is the biggest indicator of a problematic property. Though with regular property conveyancing the standard conditions protect both buyer and seller to a more equal degree, the special conditions which govern an auction contract practically always favour the seller. The responsibility lies with the buyer to ensure they have carried out thorough examination of the property so they don’t trip up to unpleasant surprises after exchange.
The special conditions will usually refer to other aspects of the pack, and where there are limitations enforced on a buyer for example whether enquiries can be raised, problems may arise. This is because a seller would want to limit the information it has to provide with regards to any aspect of a property that may negatively affect the saleability of the same.
This is why taking a professional opinion is vital, as only solicitors will be able to interpret the conditions of the contract and apply it to the remainder of the pack to be able to give you an overview of whether the title to the property is good and marketable.
2. Additional Financial Obligations
Most auction contracts will also add other financial conditions to a contract to limit their costs. This could be fees they have paid for: – searches, – auctioneer fees, – leasehold pack fees etc. However, there may also be financial conditions that are not specified but left purposefully vague.
Any financial conditions which are not specified with a specific sum is a red flag. This is because there is no limit to what they could then ask from you on completion. Particularly where there are potential arrears for rent or services charges on a leasehold property, the sums payable could be significant. A legal review will bring these conditions to light as well as the likelihood of these looking at the rest of the pack, and you will then be able to make an informed decision.
3. Legal Title
When it comes to auction properties, it cannot be assumed that the seller is the registered owner of the property and in turn, there won’t be any problems when your interest is registered on completion. A legal review will reveal any risks which may be existing in this regard, e.g. sale where the owner is deceased and is being sold through an executor, where there is a sub-sale and the current owner has not been registered against the title, etc.
These won’t usually be an issue as long as the relevant promises have been made within the contract. Having a legal review carried out will give you the certainty that the seller’s solicitors hold the relevant pieces of evidence needed to prove ownership and in turn that they will provide any documents which may be needed for your registration. If these promises are not made within the contract then this could delay your registration and legal ownership of the property.
4. Missing Documents
When it comes to legal packs, though every pack is different, we will be able to advise you on what should be expected within this and in turn list anything which is missing. This will then give you an understanding of the risks which may apply to your potential bid. We will be able to advise you on the sort of information that would be revealed by the existence of the document which will allow you to make an informed decision on whether that is a risk you are willing to take.
5. Tailored to You
Before reviewing the pack you will be able to list any specific concerns you may have to your solicitor. They will then be able to consider these whilst reviewing the pack so they can advise on whether this property is suitable for your intentions.
Particularly, if you are looking to purchase as an investment there are several aspects that may affect a lender’s opinion on a property. This would in turn potentially affect any future refinance you may be considering or cause you issues when you come to sell the property in the future.
These are just a few of the reasons why it is so important for a legal pack to be reviewed prior to bidding. The remedies are limited for a buyer after exchange and you may be left with a property that no longer reflects your initial expectation.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Reviewing your commercial lease could allow you to operate your business more effectively.
We aim to review your lease within 3 to 4 working days, offering recommendations in a formal letter. This will give you the option to instruct Attwells to negotiate new terms with your landlord on your behalf, or for you to pursue the matter further.
What do Attwells look for when undertaking a commercial lease review?
Room to Grow: Your lawyer will review your lease to see if the premises you lease allows your business enough room to grow.
Reviewing or having a three or five-year business plan will help you consider all possible requirements. Your solicitors will be able to help you factor these into any agreement.
Longevity: Typically, commercial leases are five or more years. Your lawyer will review your lease for sub-letting clauses, possible early termination loopholes, or payment holidays.
User Clause: Depending on your business type or the sector your business operates in you may require some flexibility in the services you can offer. A user clause could prevent you from diversifying your business. Your lawyer will see if such a clause is within your lease and suggest ways you could overcome it. Alternatively, your lawyer can also confirm one does not exist, so you could freely change your business operations.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Attwells understand that time is of the essence when purchasing at an auction. We pride ourselves on being able to offer a 48-72 hour turnaround time from receipt of the auction pack.
We can offer a Summary Review or Full Service Review option; both have fixed fee options.
Buying a Property at Auction
1. Conditions of Sale
This is the biggest indicator of a problematic property. Though with regular property conveyancing the standard conditions protect both buyer and seller to a more equal degree, the special conditions which govern an auction contract practically always favour the seller. The responsibility lies with the buyer to ensure they have carried out thorough examination of the property so they don’t trip up to unpleasant surprises after exchange.
The special conditions will usually refer to other aspects of the pack, and where there are limitations enforced on a buyer for example whether enquiries can be raised, problems may arise. This is because a seller would want to limit the information it has to provide with regards to any aspect of a property that may negatively affect the saleability of the same.
This is why taking a professional opinion is vital, as only solicitors will be able to interpret the conditions of the contract and apply it to the remainder of the pack to be able to give you an overview of whether the title to the property is good and marketable.
2. Additional Financial Obligations
Most auction contracts will also add other financial conditions to a contract to limit their costs. This could be fees they have paid for: – searches, – auctioneer fees, – leasehold pack fees etc. However, there may also be financial conditions that are not specified but left purposefully vague.
Any financial conditions which are not specified with a specific sum is a red flag. This is because there is no limit to what they could then ask from you on completion. Particularly where there are potential arrears for rent or services charges on a leasehold property, the sums payable could be significant. A legal review will bring these conditions to light as well as the likelihood of these looking at the rest of the pack, and you will then be able to make an informed decision.
3. Legal Title
When it comes to auction properties, it cannot be assumed that the seller is the registered owner of the property and in turn, there won’t be any problems when your interest is registered on completion. A legal review will reveal any risks which may be existing in this regard, e.g. sale where the owner is deceased and is being sold through an executor, where there is a sub-sale and the current owner has not been registered against the title, etc.
These won’t usually be an issue as long as the relevant promises have been made within the contract. Having a legal review carried out will give you the certainty that the seller’s solicitors hold the relevant pieces of evidence needed to prove ownership and in turn that they will provide any documents which may be needed for your registration. If these promises are not made within the contract then this could delay your registration and legal ownership of the property.
4. Missing Documents
When it comes to legal packs, though every pack is different, we will be able to advise you on what should be expected within this and in turn list anything which is missing. This will then give you an understanding of the risks which may apply to your potential bid. We will be able to advise you on the sort of information that would be revealed by the existence of the document which will allow you to make an informed decision on whether that is a risk you are willing to take.
5. Tailored to You
Before reviewing the pack you will be able to list any specific concerns you may have to your solicitor. They will then be able to consider these whilst reviewing the pack so they can advise on whether this property is suitable for your intentions.
Particularly, if you are looking to purchase as an investment there are several aspects that may affect a lender’s opinion on a property. This would in turn potentially affect any future refinance you may be considering or cause you issues when you come to sell the property in the future.
These are just a few of the reasons why it is so important for a legal pack to be reviewed prior to bidding. The remedies are limited for a buyer after exchange and you may be left with a property that no longer reflects your initial expectation.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
We would always strongly advise that you obtain legal advice on the contents of an auction pack prior to committing to a purchase.
However, if you decide to proceed with the purchase without the legal pack being reviewed by Attwells, our Auction Team is still able to assist with the completion of your auction purchase.
Buying a Property at Auction
1. Conditions of Sale
This is the biggest indicator of a problematic property. Though with regular property conveyancing the standard conditions protect both buyer and seller to a more equal degree, the special conditions which govern an auction contract practically always favour the seller. The responsibility lies with the buyer to ensure they have carried out thorough examination of the property so they don’t trip up to unpleasant surprises after exchange.
The special conditions will usually refer to other aspects of the pack, and where there are limitations enforced on a buyer for example whether enquiries can be raised, problems may arise. This is because a seller would want to limit the information it has to provide with regards to any aspect of a property that may negatively affect the saleability of the same.
This is why taking a professional opinion is vital, as only solicitors will be able to interpret the conditions of the contract and apply it to the remainder of the pack to be able to give you an overview of whether the title to the property is good and marketable.
2. Additional Financial Obligations
Most auction contracts will also add other financial conditions to a contract to limit their costs. This could be fees they have paid for: – searches, – auctioneer fees, – leasehold pack fees etc. However, there may also be financial conditions that are not specified but left purposefully vague.
Any financial conditions which are not specified with a specific sum is a red flag. This is because there is no limit to what they could then ask from you on completion. Particularly where there are potential arrears for rent or services charges on a leasehold property, the sums payable could be significant. A legal review will bring these conditions to light as well as the likelihood of these looking at the rest of the pack, and you will then be able to make an informed decision.
3. Legal Title
When it comes to auction properties, it cannot be assumed that the seller is the registered owner of the property and in turn, there won’t be any problems when your interest is registered on completion. A legal review will reveal any risks which may be existing in this regard, e.g. sale where the owner is deceased and is being sold through an executor, where there is a sub-sale and the current owner has not been registered against the title, etc.
These won’t usually be an issue as long as the relevant promises have been made within the contract. Having a legal review carried out will give you the certainty that the seller’s solicitors hold the relevant pieces of evidence needed to prove ownership and in turn that they will provide any documents which may be needed for your registration. If these promises are not made within the contract then this could delay your registration and legal ownership of the property.
4. Missing Documents
When it comes to legal packs, though every pack is different, we will be able to advise you on what should be expected within this and in turn list anything which is missing. This will then give you an understanding of the risks which may apply to your potential bid. We will be able to advise you on the sort of information that would be revealed by the existence of the document which will allow you to make an informed decision on whether that is a risk you are willing to take.
5. Tailored to You
Before reviewing the pack you will be able to list any specific concerns you may have to your solicitor. They will then be able to consider these whilst reviewing the pack so they can advise on whether this property is suitable for your intentions.
Particularly, if you are looking to purchase as an investment there are several aspects that may affect a lender’s opinion on a property. This would in turn potentially affect any future refinance you may be considering or cause you issues when you come to sell the property in the future.
These are just a few of the reasons why it is so important for a legal pack to be reviewed prior to bidding. The remedies are limited for a buyer after exchange and you may be left with a property that no longer reflects your initial expectation.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
If you are buying as a couple but only one person is paying the deposit, you would not automatically be entitled to the value of the deposit if you decide to sell. You will require a Declaration of Ownership which is a vital part of moving house. The first and most important thing would be to speak with one of our skilled conveyancers who will be happy to help you.
What is a Declaration of Ownership?
A Declaration of Ownership is a contract between co-owners that clearly sets out the parties’ intentions at the time of the purchase.
If a dispute ever arose in the future the Court would use the Declaration of Ownership as the starting point and there would need to be strong evidence to show that the position outlined had since been varied.
The importance of having a Will
When you buy a property jointly with another party it is important at the outset to think about how you would want the equity in the property to be split between you.
Not only will this have an effect on how your ownership will need to be registered, but this can also avoid difficult conversations and costly litigation down the line.
If you do not want to own the equity in the property equally, or you wish to leave your equity to someone other than your co-owner on your death, then you must hold the property as tenants in common.
By holding the property as tenants in common you can each specify your share in the equity and on your death, this will pass in accordance with the terms of your Will. It is therefore vital to also ensure that your Will is up to date.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
When I approached Attwells for a job in 2015, I was 18 years old and had just received my A-level results. I knew I wanted a career in Law, but I didn’t necessarily want to go to university and I didn’t class myself to be from the stereotypical background of a Solicitor. Generations ago, it may have been unheard of to come from a public school, as a young female without a university degree and step into a Law office. Even my Grandad, when he heard I was waiting to hear if I had secured the job had admitted that he didn’t envisage someone “like us” getting the job, as he believed you had to know someone, your parents had to know someone or you had to have a degree.
It was both thrilling and refreshing to have been interviewed at Attwells and then offered my dream job; to start in an admin role and then have the opportunity to progress and grow at the firm and ‘earn while I learn’.
On my first day, I was extremely nervous. The main worry was that I wouldn’t fit in. I had images in my head of small, closed-off offices with older, old-school male Lawyers who would not be very friendly. I was pleasantly surprised to discover that Attwells was a mainly open-plan office with many young, vibrant individuals from a range of backgrounds. I feel it is essential that all children from different socio-economic backgrounds can feel that their opportunities are limitless and that they can achieve their dream career through a multitude of different avenues if they work hard enough. Attwells erased the “I won’t fit in” mentality for me within hours of me stepping into the office and for that, I am grateful. Since then I have taken on new roles, gained experience and knowledge, and not once have I felt like I do not belong. I would encourage anyone who wishes to pursue a career in Law to explore the opportunities and to not be afraid that they won’t fit in.
-Hannah Thurkettle, Senior Paralegal
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Legal TV dramas, some clever and complex, others easy watching comedies – I love them all. A lot of the legal dramas have strong female leads, for example, Ally McBeal, The Good Wife, and yes even Legally Blonde (my guilty pleasure…shh don’t tell). I could not imagine a world without a good legal drama.
However, the clever and witty female characters are often not taken seriously in the profession by their colleagues, managers, or clients. They often seem to have to be better, smarter, and funnier than their male counterparts to get up the career ladder. In legal dramas you often see negotiations, deals, and decisions being made on the golf course, in the pub, or at male-only Members’ Clubs. Yes, I am aware women can play golf as well but I could never imagine myself on the golf course, what would this mean for me? One example that comes to mind is when Mike Ross and Louis Litt in Suits get a client to sign with them in a tennis club for exclusive members. Yes, I am a HUGE Suits fan.
From how it is portrayed on TV, it is easy to believe that to progress to the top of the legal profession you have to be a certain type of person or even a certain type of man. Since High School, I knew I wanted to work in the legal profession. The specifics changed, but studying law at University remained my aim. I was very lucky to have supportive parents, teachers, and friends that made me feel like this was possible. Unfortunately, not everyone is so lucky. However, although I believed I could get my foot in the door at a law firm if I got lucky, I did still think progressing up the career ladder as a woman would be nearly impossible. I had doubts that I would be taken seriously as a lawyer by managers, colleagues, and clients.
After starting work at Attwells, within months I learned that not all firms are the same, they all have their own culture and values. I learned that all across the industry women can be very successful in the legal profession. A far cry from the ‘old boys club’ the profession is portrayed as. When joining Attwells I learned from Lisa Nyland, whose journey in the law profession shows it’s not all about Oxbridge degrees and friends in the right places. She began her career as an assistant and progressed to being the Partner responsible for the entire conveyancing department at Attwells. Once I had qualified I also was managed by Laura Catania who became a mentor to me. She has since also become a Partner at Attwells too. Currently, three out of the six partners at Attwells are women. Not only do I see a high percentage of women in the workforce but I can see them in the leadership team and in the Partnership as well. And, it turns out you do not have to be interested in the same hobbies as the partners or play tennis or golf at the same club as your managers for them to notice your contribution to the workplace. I have still never stepped foot on a golf course.
It is true that law used to be an old man’s club, and like many myths, there remains a degree of truth behind it. Currently only a third of court judges are women and just 34% of partners, despite women making up 50% of lawyers. The legal profession does have a problem but it is improving year on year. More women are working in the legal profession and more women are progressing up the career ladder each year. So do not let the culture continue and let’s get rid of the myth. It does not matter if you are a woman or a man or if you like golf, football, or netball – you can be a solicitor, manager, or partner regardless of background and connections. You can be a Harvey Spector, Mike Ross, Donna Paulsen, or Jessica Parker. I have just done an online test and am a Jessica Pearson! The truth is there is no one type of lawyer, lawyers are just people with strengths and weaknesses. You just need to find the right firm for you, somewhere you can fit in and use your strengths and improve your weaknesses. If you do, you can make a successful lawyer regardless of your gender.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Solicitor career path with the new SQE – While you are studying
Apply for Attwells‘ work experience programme. This will give you the opportunity to experience a medium-sized law firm that specialises in property. The work experience programme is aimed at giving you a look inside a law firm and testing your personal skills to see if you are a good fit as a lawyer. Feedback will be provided. To apply please visit https://www.attwells.com/site/media_centre/careers/work-experience/
Solicitor career path with the new SQE – After your degree
You may wish to take Solicitors Qualifying Examination (SQE) preparation courses.
You will be looking at completing the SQE1 and SQE2 exams and information about these can be found on the SRA website. These can be done while working in the legal profession or beforehand.
- 12-24 months
Becoming a Junior Paralegal
You have been successful with your application and begin with “dipping your toe” into carrying out your own work for your own clients supervised at all times. You will have a small caseload and will be seeing your clients through from instructions to completion of their matter. You will now be responsible for your clients. Our CASE Management System will guide you through the requisite steps of the matter and your colleagues and supervisor will be there to answer questions as new situations arise. You will be paid the real living wage plus £1000.
To qualify as a solicitor you need to show you have 2 years of full-time experience as a paralegal at Attwells we will help to do this after 12 months. You will also be completing your SQE1 after working at Attwells for 12 months if you have not done so already.
- 12 – 24 months
Become a Paralegal
Your caseload is now building as your familiarity and confidence grows. You will be requiring less support and indeed starting to give support to junior colleagues. You will be paid the Real Living Wage plus £2000.
You will now really be focusing on obtaining knowledge in different areas of law to fulfill the competency needed to be a solicitor. You will also be completing your SQE2 if you have not done so already.
- 12-24 months
Become a Senior Paralegal
As a Senior Paralegal, you are now an experienced fee earner at the Firm. You should not require daily supervision and you are likely providing support to other paralegals and legal assistants. You should have good experience of a wide range of work in your particular legal discipline.
You will now be in the last 6 months of your training with us. Attwells will be discussing where you would like to qualify and you will be developing in-depth knowledge in this area. You will be completing the character and suitability requirement and registering to be a solicitor the fees of this will be covered by Attwells.
- 6 – 12 months
- Solicitor approx. 2 -5 years from starting at Attwells depending on what experience and what SQE exams you have already undertaken.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What is the career path to becoming a solicitor
The route to qualifying as a solicitor is changing in 2021 with the introduction of the Solicitors Qualifying Exam. This will replace the Graduate Diploma in Law (GDL) and Legal Practice Course (LPC). Anyone who starts the LPC or GDL prior to 2021 can follow the route below.
What is the career path to becoming a solicitor – While you are studying
Apply for Attwells Work Experience Programme. This will give you the opportunity to experience life in a medium-sized law firm that specialises in property. The programme is designed to give you a look inside a law firm and will test your personal skills to see if you are a good fit as a lawyer. At the end of the programme, feedback will be provided.
Second Year & Final Year Graduate
If you have undertaken a qualifying degree course then you will be looking to start your Legal Practice Course.
If you have not undertaken a law degree then you will be starting the Graduate Diploma in Law (GDL) followed by the LPC.
- 12-24 months
Become a Junior Paralegal
You have been successful with your application and begin with “dipping your toe” into carrying out your own work for your own clients supervised at all times. You will have a small caseload and will be seeing your clients through from instruction to completion of their matter. You will now be responsible for your clients. Our CASE Management System will guide you through the requisite steps of the matter and your colleagues and your supervisor will be there to answer questions as new situations arise. You will be paid the real living wage plus £1000.
At the end of 12 months, you should either be beginning your training contract with us or have a clear understanding of what you need to do to begin. You would then typically spend the first 6 months of your training contract within your current training seat conveyancing.
- 12- 24 months
Become a Paralegal
Your caseload is now building as your knowledge and confidence grow. You will be requiring less support and will be starting to give support to junior colleagues. You will be paid the real living wage plus £2000.
Now you will be in your second and third training seats.
- 12-18 months
Become a Senior Paralegal
As a senior paralegal, you are now an experienced fee earner at the firm. You should not require daily supervision and you will be providing support to other paralegals and legal assistants. You should have good experience of a range of work in your particular legal discipline.
You will now be in the last 6 months of your training contract in your final seat. Attwells will be discussing with you when you would like to qualify. Then you will undertake your Professional Skills Course (PSC) and gain specialist knowledge in your legal areas of interest. The cost of the PSC is borne by Attwells.
- 6 months
- Solicitor approx. 3 – 4 years for starting at Attwells
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Become a legal assistant
The first step of your journey is to support one of our lawyers as a legal assistant. As a legal assistant, you will usually be based in our conveyancing department. Here you will work alongside a senior paralegal or lawyer and will be supporting them in their legal work. You will have a lot of client contact and you will learn the legal conveyancing process. The lawyer you will be working with will organise your daily schedule and you will be paid the real living wage.
- 9 months
Become a Junior Paralegal
Under supervision, you will now be starting to carry out independent legal work for your own clients. You will be responsible for a small caseload and will be seeing your client’s matters through from instruction to completion. Our case management system will guide you through the necessary steps of the matter and your colleagues and supervisor will be on hand to answer your questions as new situations arise.
After this, you will then begin your legal qualification with us once you have had your own files for a year. If you are focusing on property then you will be enrolled in the Council of Licensed Conveyancers Lawyer Qualification (CLC).
If you are focusing on other legal disciplines, then the Chartered Institute of Legal Executives Qualification (CILEX) will be a more suitable course for you. Either of these courses will be funded by Attwells. You will be paid the real living wage plus £1000.
- 12-18 months
Become a Paralegal
Your caseload is now building as your knowledge and confidence grow. You will need less support and will start to give support to junior colleagues. As a paralegal, you will be paid the real living wage plus £2000.
- 12-18 months
Become a Senior Paralegal
As a senior paralegal, you are now an experienced fee earner at the firm. In this role, you will not require daily supervision and you will be providing support to other paralegals and legal assistants. As a senior paralegal, you will now be experienced in a wide range of areas in your legal discipline and will be able to handle more complex cases. Your salary will be between £20,000 and £29,000 per year.
- 24 months
- Qualified licensed conveyancer/ CILEX lawyer total time approx. 6 – 7 years
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Work Experience
If you have completed your A-Levels and you’re interested in a career in law, you should apply for Attwells’ work experience programme. This will give you the opportunity to experience life in a medium-sized law firm that specialises in property. The programme is designed to give you a look inside a law firm and will test your personal skills to see if you are a good fit as a lawyer. At the end of the programme feedback will be provided.
Join us as an Administrator or Assistant
The first step of your career will enable you to gain experience in working in a legal office.
You will start doing general admin jobs and helping around the office. The role will be mainly based on reception and will include dealing with post, scanning documents, helping with quotes, registering property transactions, and other items. This will give you the opportunity to progress into becoming a legal assistant once you have gained enough experience and knowledge to be able to support one of our lawyers.
As a legal assistant, you will usually be based in our conveyancing department. Here you will work alongside a senior paralegal or lawyer and will be supporting them in their legal work. You will have a lot of client contact and you will learn the legal conveyancing process. The lawyer you will be working with will organise your daily schedule and you will be paid the real living wage.
- 18 months
Become a Junior Paralegal
Under supervision, you will now be starting to carry out independent legal work for your own clients. You will be responsible for a small caseload and will be seeing your client’s matters through from instruction to completion. Our case management system will guide you through the necessary steps of the matter and your colleagues and supervisor will be on hand to answer your questions as new situations arise.
After this, you will then begin your legal qualification with us once you have had your own files for a year. If you are focusing on property then you will be enrolled in the Council of Licensed Conveyancers Lawyer Qualification (CLC).
If you are focusing on other legal disciplines, then the Chartered Institute of Legal Executives Qualification (CILEX) will be a more suitable course for you. Either of these courses will be funded by Attwells. You will be paid the real living wage plus £1000.
- 12-18 months
Become a Paralegal
Your caseload is now building as your knowledge and confidence grow. You will need less support and will start to give support to junior colleagues. As a paralegal, you will be paid the real living wage plus £2000.
- 12-18 months
Become a Senior Paralegal
As a senior paralegal, you are now an experienced fee earner at the firm. In this role, you will not require daily supervision and you will be providing support to other paralegals and legal assistants. As a senior paralegal, you will now be experienced in a wide range of areas in your legal discipline and will be able to handle more complex cases. Your salary will be between £20,000 and £29,000 per year.
- 24 months
- Qualified licensed conveyancer/ CILEX lawyer total time approx. 6 – 7 years
It costs a lot to train to become a lawyer
For many, following the traditional path of going to university and studying law for 3 years appears to be the only route to a legal career. After you have completed your degree, if you wish to become a solicitor, you must then complete your SQE 1 and 2 (further exams) and then secure 2 years of work experience (this is paid). The whole process is a 6-year commitment when you cannot earn much but still incur expenditure. No wonder people think that it costs a lot to become a lawyer or that it is a career reserved for the wealthy!
As someone who hasn’t followed this traditional route, I am proof that this doesn’t have to be the case and many firms around the UK are encouraging people from different backgrounds to work with them as an alternative way to become a lawyer.
Working in a law firm whilst studying to become a lawyer also means you are earning whilst working – and who doesn’t want that?!
It costs a lot to train to become a lawyer – Becoming a Conveyancer
When I first started at Attwells I was unsure about how to work my way up to becoming a conveyancer. I had no background knowledge on law at all, not even at GCSE or A-LEVEL, and University did not appeal to me.
When I first started my main concern was, “how am I going to afford to live, and have the time to study whilst working?” But Attwells, like many law firms today, offered the funding and support for me to work my way up into a Conveyancing Role via CILEX and CLC programmes.
Studying through CILEX enables you to work in different sectors of the law and qualify into the area you enjoy most. I have started my qualification to become a Licenced Conveyancer (CLC) all whilst working and earning money!
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What is the timescale for buying a property? Whilst there may be unavoidable delays, we pride ourselves on transaction times that are four times faster than the national average:
Week 1 to 2: Instruct Attwells, pay money on account and provide evidence of your cash funds. You should instruct your mortgage valuation and survey.
Week 3: Attwells will undertake searches of the local utilities and authorities. Attwells will receive a draft contract and ownership information from the buyer’s solicitors.
Week 3 to 6: Attwells reviews and approves the contract. We will also review the ownership information and raise enquiries with the seller and receive satisfactory replies. Attwells receives results of all searches of the statutory authorities.
Week 7 to 8: Attwells send reports on the property, contract, and mortgage and obtain confirmation of how you will own the property. Attwells will send you documents to sign and require a 10% deposit to be paid.
Week 9 to 11: The moving date is agreed. All documents and the deposit are received from you. The contract is now exchanged – the purchase is now binding.
Week 12: You now have a guaranteed moving date. You can make arrangements and start packing. You will need to sign the completion documents. You will receive from Attwells a statement as to the money required to complete. This must be transferred in good time for completion.
Please note: Attwells Solicitors have produced this timescale as a guide only. Your transaction may take longer depending on your circumstances. A leasehold may take 4 plus weeks longer. For more information, please contact your conveyancer. www.attwells.com.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What does a conveyancer do? Our team of conveyancers assist you with all the legal administrative work required to lawfully transfer ownership of a property or piece of land. Once you instruct Attwells we will begin liaising with all the necessary organisations connected to your transaction, such as local authorities, utility companies and Land Registry.
Our FAQ feature also contains information about timescales for buying or selling a property offering you further information.
an I speed up the conveyancing process
Attwells will make sure that your transaction is a priority from the moment you instruct us. You can also help to speed things along by being proactive from the very first stages, organising paperwork like searches and redemption figures as soon as you decide to move.
We encourage good communication and recommend a telephone call as the most direct form of contact.
Can I speed up the conveyancing process – Move Ready could help
Move Ready is an exclusive service from Attwells Solicitors. This new approach to conveyancing allows homeowners to sell their homes faster by up -fronting most of the conveyancing legal paperwork free of charge, provided you instruct Attwells to do the conveyancing. You must instruct Attwells’ Move Ready service before or at the same time as you go to market with an estate agent.
The benefits to Move Ready are that the following legal requirements will be completed prior to an offer being made:
- Ownership documents
- Planning, building regulations, and guarantees
- The usual enquiries of the seller
- Replies to the anticipated enquiries of a buyer
- Searches of all the relevant authorities
By providing all the upfront information on your property you are reducing the risk of the sale falling through by 50%.
Be Move Ready with Attwells
Many of the traditional solicitors will not consider this method due to the up-front costs they incur. But Attwells believe it’s important to get the country moving again. Therefore, we are willing to begin working on your conveyancing straightaway at no extra cost.
Be Move Ready – please click the link below.
If you are happy with our quote you can proceed by filling in your details and paying a small sum to complete our identification checks, which will be deducted from your conveyancing costs.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What is Conveyancing?
Conveyancing is a term given to the legal transaction of the ownership of a property or piece of land. Attwells Solicitors employ conveyancing solicitors and licensed conveyancers who specialise in residential and remortgaging conveyancing.
About Attwells Solicitors
At Attwells we are experts at swift and efficient conveyancing. From start to finish, we make the process simple for you. You can instruct us online, receive a quote and pay for your initial ID, allowing your conveyancing to start straightaway.
You can even begin your conveyancing journey prior to selling or buying your home with our Move Ready and Offer Ready services. Attwells’ ‘Move Ready’ service – which gets much of the paperwork out of the way early – smooths the process to ensure a faster move. This is free, provided you instruct us to do the conveyancing and at the same time as going to market with your estate agent. Getting this organised first, reduces the chance of the sale falling through by 50%. ‘Offer Ready’ gets a first-time buyer financially ready to present their best possible offer. Both services will save you weeks off your conveyancing.
Our team
Attwells conveyancers are fully trained and supported by our property solicitors. We use client feedback in addition to continuing staff development so that we can review the performance of individual conveyancers, ensuring you receive the best possible service.
How long does it take?
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Gifted Deposit: What information do I need? Your conveyancer will need a signed letter from the person gifting you they money confirming the amount they are gifting you, whether or not this is repayable (if it is the basis on which it will be repaid), their certified photo identification, and proof of address, and evidence for their source of funds (for example if this is savings from wages we will need to see three months’ worth of statements from the account/s that this money has been accumulated in overtime).
If the gifted deposit has already been given to you and is in your account then we do still need to see all of this documentation in respect of the gift.
Offer Ready is an exclusive service from Attwells Solicitors. This new approach to conveyancing allows home buyers to upfront some of the conveyancing work free of charge, however, you must instruct Attwells before you make an offer.
Whilst you browse for a home Attwells will:
- Verify your Identity for Attwells and an Estate Agent
- Understand and evidence your Deposit for Attwells and an Estate Agent
- Prove Funding for the purchase for Attwells and an Estate Agent
- Be ready to start the legal work immediately on sale agreed
This will save you on average over 4 weeks.
By having this legal work completed you will have a greater chance of making a successful offer and moving quickly. We will provide your Offer Ready Certificate to your Estate Agent all free of charge. The Offer Ready Certificate will demonstrate to that Estate Agent that you have met all the steps to be Offer Ready.
Many of the traditional solicitors will not entertain this method due to the up-front costs they occur. But Attwells believe it’s important to support first-time buyers. Therefore, we are willing to begin working on your conveyancing straight away at no extra cost.
Declaration of Ownership
There may be various reasons why co-owners choose to separate their shares in the property.
This may be for the simple reason that one co-owner is putting in more money than the other to the purchase of the property and wants to ensure that they receive those funds back in the event of a sale.
Alternatively, one party may be paying more in terms of mortgage and bills as ongoing costs and may therefore wish to state that they own a greater share in the property than the other party.
Living together
The relationship between the co-owners will often dictate how the equity is divided. For example, friends or business partners will likely want to specify their shares in the property so that they can ensure this is left to their own family members on their death.
In order to document these shares co-owners should enter into a Declaration of Ownership.
What is a Declaration of Ownership?
A Declaration of Ownership is a contract between co-owners that clearly sets out the parties’ intentions at the time of the purchase.
If a dispute ever arose in the future the Court would use the Declaration of Ownership as the starting point and there would need to be strong evidence to show that the position outlined had since been varied.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
What are the timescales for exchange and completion once I return my documents to you? An approximate timescale is eight to ten weeks however each conveyancing transaction is different and it is not possible to give a more detailed timescale at this stage. We will deal with your work as quickly as possible however the transaction can really only progress as quickly as the slowest party in the chain. Your appointed conveyancer will be able to discuss this with you in more detail and will keep you updated on progress as the transaction progresses.
What is the timescale of selling a property?
What is the timescale of selling a property? Whilst there may be unavoidable delays, Attwells pride ourselves on transaction times that are four times faster than the national average.
Week 1: Instruct Attwells, pay money on account and complete the property information forms.
Week 2: Attwells issues the contract and ownership information to the buyer’s solicitors.
Week 3 to 6: Attwells agrees the contract and will help you satisfy all enquiries from the buyer’s solicitors.
Week 7 to 8: Moving date agreed and contracts exchanged – This makes the sale binding.
Week 9 to 11: You now have a guaranteed moving date. You can make arrangements and start packing. You will need to sign completion documents with Attwells. You will receive a statement showing the amount you will receive on completion.
Week 12: Complete. Move out and handover keys, any mortgage is redeemed and you should renew or make a will.
What is the timescale for buying a property?
What is the timescale for buying a property? Whilst there may be unavoidable delays, we pride ourselves on transaction times that are four times faster than the national average:
Week 1 to 2: Instruct Attwells, pay money on account and provide evidence of your cash funds. You should instruct your mortgage valuation and survey.
Week 3: Attwells will undertake searches of the local utilities and authorities. Attwells will receive a draft contract and ownership information from the buyer’s solicitors.
Week 3 to 6: Attwells reviews and approves the contract. We will also review the ownership information and raise enquiries with the seller and receive satisfactory replies. Attwells receives results of all searches of the statutory authorities.
Week 7 to 8: Attwells send reports on the property, contract, and mortgage and obtain confirmation of how you will own the property. Attwells will send you documents to sign and require a 10% deposit to be paid.
Week 9 to 11: The moving date is agreed. All documents and the deposit are received from you. The contract is now exchanged – the purchase is now binding.
Week 12: You now have a guaranteed moving date. You can make arrangements and start packing. You will need to sign the completion documents. You will receive from Attwells a statement as to the money required to complete. This must be transferred in good time for completion.
Please note: Attwells Solicitors have produced this timescale as a guide only. Your transaction may take longer depending on your circumstances. A leasehold may take 4 plus weeks longer. For more information, please contact your conveyancer. www.attwells.com.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
I got married recently and my identification is still in my maiden name. Do you need me to provide any other information? Yes, we will also need you to provide your marriage certificate. We will need you to send the original. We can photocopy it and then return to you. Or you could send us a copy that has been certified by a local solicitor.
How much will it cost me to change the names on my property deeds?
How much will it cost me to change the names on my property deeds? This depends on whether you have an existing mortgage or not and if the property is leasehold or freehold.
A Transfer of Ownership is required when you wish to transfer part or all of your property to another person. This can be vital for several reasons, but most commonly it’s due to a relationship breakdown. The process allows you to legally add or remove a person from the property title deeds, leaving at least one of the original owners in place.
However, if no original owner is remaining on the title deeds, you would require our conveyancing services, as this would become a sale or a purchase rather than a Transfer of Equity, even if no money changes hands.
How much will it cost me to change the names on my property deeds and what is included in the price?
- Drawing a Transfer Deed to transfer the ownership of the property
- Obtaining relevant signatories
- Dealing with your lender’s consent to the transfer (where applicable)
- Dealing with your remortgage (where applicable)
- Dealing with your landlord’s requirements for the transfer (where applicable)
What is not included?
- Tax advice
- Anything not listed as included above
Depending on your circumstances, Stamp Duty Land Tax may be payable. This has not been included in the quote. If SDLT is due, an additional £75 + VAT will be added to your quote for completing and filing the SDLT return. Land Registry Fees are due and will be payable based upon the purchase price. The Final Search Fee will be £20 plus VAT and Title Search Fee will be £20 plus VAT for a freehold or £30 plus VAT for a leasehold. We also have an additional fee scale you may wish to refer to.
Much the same as when a property is purchased from the previous owner when you transfer your property deed, SDLT needs to be considered.
We need to look at what the ‘consideration’ for the transfer is. The consideration is anything of monetary value that is provided to the owner of the property to effect that transfer. For example, this may be cash, the repayment of the mortgage, credit cards, etc.
SDLT is calculated on the total consideration for the transfer.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
Yes. We need photo ID and proof of address for everyone involved in the purchase or sale.
If a family member or friend is gifting you any money towards your purchase we will also need their ID and proof of address too.
What happens if I change my name when buying a property?
I got married recently and my identification is still in my maiden name. Do you need me to provide any other information? Yes, we will also need you to provide your marriage certificate. We will need you to send the original. We can photocopy it and then return to you. Or you could send us a copy that has been certified by a local solicitor.
How much will it cost me to change the names on my property deeds?
How much will it cost me to change the names on my property deeds? This depends on whether you have an existing mortgage or not and if the property is leasehold or freehold.
A Transfer of Ownership is required when you wish to transfer part or all of your property to another person. This can be vital for several reasons, but most commonly it’s due to a relationship breakdown. The process allows you to legally add or remove a person from the property title deeds, leaving at least one of the original owners in place.
However, if no original owner is remaining on the title deeds, you would require our conveyancing services, as this would become a sale or a purchase rather than a Transfer of Equity, even if no money changes hands.
How much will it cost me to change the names on my property deeds and what is included in the price?
- Drawing a Transfer Deed to transfer the ownership of the property
- Obtaining relevant signatories
- Dealing with your lender’s consent to the transfer (where applicable)
- Dealing with your remortgage (where applicable)
- Dealing with your landlord’s requirements for the transfer (where applicable)
What is not included?
- Tax advice
- Anything not listed as included above
Depending on your circumstances, Stamp Duty Land Tax may be payable. This has not been included in the quote. If SDLT is due, an additional £75 + VAT will be added to your quote for completing and filing the SDLT return. Land Registry Fees are due and will be payable based upon the purchase price. The Final Search Fee will be £20 plus VAT and Title Search Fee will be £20 plus VAT for a freehold or £30 plus VAT for a leasehold. We also have an additional fee scale you may wish to refer to.
Much the same as when a property is purchased from the previous owner when you transfer your property deed, SDLT needs to be considered.
We need to look at what the ‘consideration’ for the transfer is. The consideration is anything of monetary value that is provided to the owner of the property to effect that transfer. For example, this may be cash, the repayment of the mortgage, credit cards, etc.
SDLT is calculated on the total consideration for the transfer.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.