Residential Property & Conveyancing Solicitors

Buying or selling a property is one of the largest investments you will make.

How can our solicitors help?

Residential property is one of the largest investments you are likely to make in your lifetime. So, when considering to buy or sell a property, choosing a firm you can trust is vital.

The Residential Property team at Mullis & Peake LLP are highly skilled in a range of residential property and conveyancing matters and have been commended with multiple awards, applauding our innovation and keeping our clients at the heart of everything we do.

You will have direct contact with one of our conveyancing specialists, who will handle your transaction. You will also be provided with a ‘support team’, meaning you will receive a seamless service, from start to finish.

What residential property law areas do we cover?

Residential Property Enquiry

Fill out the form and a member of our team will get in touch to discuss how we can help.

How can our solicitors help?

Residential property is one of the largest investments you are likely to make in your lifetime. So, when considering to buy or sell a property, choosing a firm you can trust is vital.

The Residential Property team at Mullis & Peake LLP are highly skilled in a range of residential property matters and have been commended with multiple awards, applauding our innovation and keeping our clients at the heart of everything we do.

You will have direct contact with one of our conveyancing specialists, who will handle your transaction. You will also be provided with a ‘support team’, meaning you will receive a seamless service, from start to finish.

What conveyancing law areas do we cover?

 

Equity release

Equity release mortgages allow you to release funds from your property whilst continuing to reside there.

Equity release

Shared ownership

Shared ownership is a home ownership scheme making it easier for first time buyers to buy a property.

Shared ownership

Man holding up a figure of a house

Right to buy

The Right to Buy scheme allows most council tenants to buy their council home at a discount.

Right to buy

Declaration of trust

A Declaration of Trust is used to remove any uncertainty as to what will happen to each person's financial investment in a property.

Declaration of trust

Signing a contract

Equity transfer

You might arrange a transfer of equity to add a spouse to your property title or may remove a co-owner if you are buying out that co-owner’s share.

Equity transfer

Remortgaging 

To remortgage a property is to look to move one mortgage deal to another to be secured against the same property.

Remortgaging

Lease extension

If you own a flat with a long lease you need to be aware of the remaining term of years left on the lease. Collective enfranchisement is the process by which a group of leaseholders in a block apply to purchase the freehold.

Lease extension

A person holding up a set of house keys next to the lock

Conveyancing

Conveyancing is the legal process of transferring property ownership from one person to another, encompassing tasks such as property searches, document preparation, and financial transactions.

Conveyancing timeline

Get an instant conveyancing quote

To be provided with a tailor-made, instant estimate please use our conveyancing fee calculator.

Conveyancing fee calculator

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Recent cases

  • Dealing with Grade II listed buildings, in a conservation area, including flying freehold elements and access issues.
  • Dealing with rural properties with septic tank involvement, ensuring that they adhere to new regulations.
  • Dealing with a property with a grass verge owned by a private Company (not owned or adopted by the Local Authority) – ensuring adequate access rights.
  • The reconstitution of title to a property at the Land Registry by means of statutory declarations and utility bills following the loss of unregistered deeds.
  • Purchase of a freehold property in the Isle of Wight which involved extensive investigation or drainage rights.
  • Dealing with a sale and purchase and porting the equity release mortgage from the sale property to the purchase property.
  • A Re-mortgage of a shared ownership property and staircasing up to 100% at the same time.
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The team also covers all areas of residential property & conveyancing law.

Frequently asked questions

A conveyancing solicitor deals with the legal aspects of your property transaction but what this actually involves will depend upon whether you are buying or selling property, raising finance to be secured against a property or transferring property. Generally, conveyancers check the legal title to the property, put in hand searches, provide legal advice to clients and mortgage lenders and complete property transactions.

Regardless of whether you are buying a house with a partner or alone, it’s still one of the most expensive, stressful, emotive, daunting and confusing processes. We hope this conveyancing guide will make it just a little bit clearer.

Costs and expenses can vary depending on the client’s circumstances. To be provided with a tailor-made estimate please complete the estimate calculator.

In the vast majority of cases, we will be able to act on behalf of your existing mortgage lender to repay your existing mortgage on the sale of a property and on behalf of your new mortgage lender in respect of the purchase of a property.

You can view and print the costs here.

The fee may vary depending on the agency/person who has referred the work to us and this fee may vary between £150 and £250. 

Please be aware that although we charge a fixed fee, we do charge for abortive matters. However, we will only charge for the amount of work actually undertaken. 

Our costs for undertaking residential sale and purchase transactions depend on a number of factors including: 

  • the sale/purchase price of the property
  • whether the property is freehold or leasehold
  • whether the transaction involves either repaying an existing mortgage or securing a new mortgage on a property to be purchased
  • whether there are any additional or unusual aspects of the transaction

In theory, it is possible to carry out your own conveyancing unless mortgage finance is involved. However, other parties in the chain will be unlikely to be willing to proceed given that individuals cannot provide the same undertakings as solicitors. It is therefore always recommended that you instruct a legal professional to assist you with the transaction and ensure that all necessary legal requirements have been met.

The work you have instructed us to carry out is a sale of residential property:

  • Obtaining a completed Property Information Form, Fittings and Contents Form and Leasehold Information Form (if applicable) from you.
  • Preparing a draft Contract.
  • Obtaining any title documents or supporting property documents held by any lender.
  • Preparing a title pack to include all title documents necessary for a deduction of your title and any superior title. We will need you to supply us with all information that you hold and we will need your co-operation in obtaining all documents from other parties who may hold them, such as managing agents, landlords, local authority departments, lenders and the Land Registry.
  • Replying to the buyer’s pre-contract enquiries. Please note that this will require extensive co-operation from you and any managing agent/landlord for the property, being the parties with the actual knowledge of the property.
  • Negotiating with your authority any necessary retention of monies. For example, this may be required for balancing a service charge.
  • Negotiating the form of contract with the buyer’s solicitor.
  • Obtaining your signature to the agreed contract.
  • Obtaining your instructions to proceed to exchange of contracts and agreeing a completion date.
  • Exchanging contracts with the buyer’s solicitors and confirming the agreed completion date.
  • Obtaining all necessary financial statements and invoices to prepare a completion statement for your approval.
  • Agreeing any apportionment of ground rent and/or service charge with the buyer’s solicitors.
  • Arranging your signature to any completion documents including the Transfer Deed.
  • Receiving the buyer’s completion monies and confirming completion to you.
  • Redeeming any mortgage on the property and obtaining the necessary release forms from your lender for transmission to the buyer’s solicitors.
  • Making any other payments to third parties on your behalf in accordance with the agreed completion statement.
  • Remitting to you the net proceeds of the sale.
  • Assisting with any post-completion queries from the buyer’s solicitors in respect of the buyer’s registration of ownership at the Land Registry.

Despite our efforts to ensure that our role is clear, clients sometimes make incorrect assumptions about what we are and are not going to do for them. To help avoid any such misunderstanding, we bring to your attention the fact that we are not providing you with any advice on any of the following:

  • VAT or other tax issues
  • Asset valuation advice
  • Property agency advice

When necessary, we will, in consultation with you, obtain such additional advice as is required from appropriately qualified third parties or recommend that you seek such directly.

What assumptions have we made?

It is important for you to appreciate that the information provided above is based on a number of assumptions, including:

  • You will provide us with a full set of documents relating to your property to include any unregistered deeds or documents relating to any alterations or additions to the property.
  • You will enlist for us the support of your other professional advisers (if applicable) where required.
  • The buyer is advised competently and instructs its solicitor on the same timescales as set out above.
  • The buyer has available finance for the purchase.
  • The property is in good order, ready for sale with good and marketable title.
  • There will be no need to obtain any consent to the sale from any superior landlord or any party with the benefit of a restriction over the property.

If any of these key assumptions are incorrect or change over time, we will need to provide you with a revised scope of work, revised timetable and revised fee estimate.

What is involved in a typical freehold purchase:

  • The work you have instructed us to carry out is a purchase of a residential property.
  • Obtaining your detailed instructions either by telephone or in writing or at an initial interview.
  • Considering the Memorandum of Sale and ensure that this reflects the agreement you have reached with the seller.
  • Contacting your seller’s solicitor and request the draft contract and supporting documents.
  • On receipt of the draft contract and supporting paperwork conducting a thorough review of the same and researching any case law or statutory legislation that may be necessary.
  • Submitting local, environmental, coal, brine, water, chancel, flood or any other search that may be necessary.
  • Raising detailed enquiries, if required, with the seller’s solicitors.
  • Considering the mortgage offer from your lender (if applicable) and addressing any special conditions they may have or any special requirements, for example those relating to a gifted deposit or purchase at an undervalue.
  • Considering the replies received from the seller's solicitors to our enquiries and seeking further clarification if required.
  • Considering the results of the various searches and raising enquires on any matters arising as appropriate with the seller’s solicitors or search providers.
  • Preparing a comprehensive report on title on all matters and reporting to you with all supporting documents associated with the property.
  • Advise and report to you on the terms of any freehold rent charge or estate service charge which may apply to the property.
  • Addressing any queries, you may have on the report on title.
  • Receiving your instructions to proceed to exchange of contracts and agreeing a completion date.
  • Preparing a Stamp Duty Land Tax return for your approval and signature.
  • Exchanging Contracts with the seller’s solicitors and agree a completion date.
  • Carrying out pre-completion searches at the Land Registry.
  • Preparing the draft transfer and requisitions on title and sending the same to the seller's solicitors.
  • Considering replies to requisitions on receipt and ensuring that correct undertakings have been given in relation to the discharge of any existing charge or mortgage on the Property.
  • Preparing a completion statement and submitting it to you for approval and payment of any balance.
  • Arranging your signature to any completion documents including any mortgage deed.
  • Preparing the Certificate of Title and submit to your lender and dealing with any further queries that the lender may raise.
  • Receiving any mortgage advance and balance of funds (if any) from you.
  • Effecting completion and having the seller’s solicitors arrange the release of keys and completion documents.
  • Confirming completion to you.
  • Attending to submission of the Stamp Duty Land Tax return to HMRC and paying any Stamp Duty Land Tax that is due on time.
  • Attending to the post-completion requirements of any landlord and/or managing agent. This may include serving a Notice of Transfer and Charge, obtaining your signature to a Deed of Covenant and obtaining a Certificate of Compliance.
  • Submitting the application for registration of the purchase and any mortgage to the Land Registry and dealing with any requisitions raised.
  • Receiving the Land Registry Title Information Document and checking that it is correct and then forwarding it to yourself and your lender.

Despite our efforts to ensure that our role is clear, clients sometimes make incorrect assumptions about what we are and are not going to do for them. To help avoid any such misunderstanding, we bring to your attention the fact that that we are not providing you with any advice or assurances on any of the following:

  • Any tax or HMRC issues including those relating to the Stamp Duty Land Tax return
  • Property valuation advice
  • Advice on the state or repair or condition of any property

When necessary, we will, in consultation with you, obtain such additional advice as is required from appropriately qualified third parties or recommend that you seek such directly.

What assumptions we have made?

It is important for you to appreciate that the information provided above is based on a number of assumptions, including:

  • The property has good title and there are no specific title defects that we have to address.
  • We are not involved in any unusually drawn out negotiations with your lender regarding the issue of the offer of loan, we do not have to address any unusually lengthy conditions contained in your offer of finance and that we do not encounter any delays from the lender in paying us the mortgage advance on completion.
  • Your lender has not insisted on any personal guarantees being signed by you or any member of your family that require separate legal advice.
  • There are no issues over any rights of way, rights to services or covenants that require detailed investigation and if necessary, require a formal release and that we are not involved in any negotiations with title indemnity insurers and have to obtain any insurance cover to address any such issues.
  • We do not enter into any protracted correspondence or negotiation that has to be conducted with the local authority regarding planning or building control, environmental or local land charges regarding any matter revealed by the local search or otherwise.

If any of these key assumptions are incorrect or change over time, we will need to provide you with a revised scope of work, revised timetable and revised fee estimate.

What is involved in a typical remortgage:

  • Obtaining a copy of the title to the property with copies of any documents referred to therein.
  • Reviewing the title to ensure that you are legally entitled to re-mortgage the property; that there are no onerous covenants or rights affecting use and enjoyment of the property and to ensure that all necessary rights are in place to allow use of the property for residential purposes.
  • Checking that all obligations noted on the title have been complied with.
  • Checking that any works undertaken to the property have got planning and/or building regulations consent and obtaining copies, if necessary.
  • Considering and if necessary obtaining indemnity insurance for any defect in the title or lack of appropriate consents.
  • Carrying out full searches where required by the lender (local authority, environmental, and drainage searches, with others that are relevant locally, e.g. mining search) or otherwise obtaining a quote for search indemnity insurance and putting such in hand.
  • Analysing any search results to ensure compliance with the terms of the mortgage offer and CML Handbook.
  • Reviewing the mortgage offer and ensuring compliance with any special conditions imposed by the lender.
  • Reporting to the lender.
  • Reporting to you on the terms of the mortgage offer and mortgage deed.
  • Writing to any adult occupiers with the occupier’s consent for signing, if required by the lender.
  • Obtaining a redemption statement from any existing lender.
  • Forwarding a completion statement to you to show all payments made and received and providing any balance required in order to complete.
  • On receipt of the signed mortgage deed, occupier’s consent, and cleared funds, agreeing a completion date with you.
  • Carrying out final pre-completion searches with the Land Registry to ensure that there have been no further amendments to the legal title and to ensure that the lender has priority to register the new mortgage.
  • Reporting to the lender and requesting the release of the mortgage advance.
  • Completing the transaction and dating the mortgage deed, redeeming any existing mortgage, and ensuring that any indemnity policies are in place from the date of completion.
  • Registering the transaction at the Land Registry ensuring that the new mortgage and any other pertinent matters are correctly recorded.
  • Forwarding to you and the lender a copy of the updated register of title.

Despite our efforts to ensure that our role is clear, clients sometimes make incorrect assumptions about what we are and are not going to do for them. To help avoid any such misunderstanding, we bring to your attention the fact that that we are not providing you with any advice on any of the following:

  • Financial advice including the effect if any of the lifetime mortgage on welfare benefits or alternatives to the Lifetime Mortgage.
  • Taxation advice.
  • The effect of the Lifetime Mortgage on your Estate following your death including tax and Inheritance issues and probate advice.

When necessary, we will, in consultation with you, obtain such additional advice as is required from appropriately qualified third parties or recommend that you seek such directly.

What is involved in a typical transfer of equity case:

 

  • Obtaining evidence of title and checking if any lender’ consent is required and if so obtaining such.
  • Checking the title to the property.
  • Ensuring that any restrictions on the title are reviewed and complied with to enable the transfer to take place.
  • Preparing or reviewing the transfer deed and obtaining signatures of all parties
  • Considering the Stamp Duty Land Tax position and completing a Stamp Duty Land Tax return if necessary.
  • Preparing a completion statement and obtaining the completion funds.
  • Attending to submission of the Stamp Duty Land Tax return to HMRC and paying any Stamp Duty Land Tax that is due on time, if applicable.
  • If acting for the acquiring party, registering the Transfer at the Land Registry.

How long the matter will take from agreeing a sale price or your offer being accepted to completion will depend on a number of factors. The average transaction takes between 10 and 12 weeks.

However, each transaction will depend upon its own circumstances and those of the parties in the chain.

In all transactions, your conveyancer will need evidence of who you are and so you will need to have photographic and address ID to hand. If you are selling a property your conveyancer will also require copy documentation relating to the property such as planning permission or building control documentation, warranties or guarantees for works done, for example, new window or boiler installations and any other supporting documents. In the event of a purchase, your conveyancer is likely to require proof of your funds as well as evidence of the source of those funds in order to comply with their professional regulations.

  • ‘Residential Conveyancing Firm of the Year’ – 2015 National Property Forum Awards*
  • 'High Commended in Client Care' - Modern Law Conveyancing Awards
  • 'Team of the Year 2016' - LawNet
  • 'Innovation of the Year award 2019' - Modern Law Conveyancing Awards
  • *50 or fewer employees category

Home buyers generally arrange to have a property survey done after their offer to buy the property has been accepted by the seller.

The short answer to that is yes, it is. When land changes hands between parties, and again, we talk about a major interest in land, if freehold or long leasehold, that would have to be registered at the land registry and depending upon the nature of the land, there may well be large sums of money involved. Now, it may be a small parcel of land, it could be a strip of land, it could be a part of somebody's garden where there isn't a great deal of value. But of course, it could be a large area, acres of property development land, which is subject to planning permission, which would be very valuable indeed. So, the short answer is yes, land is property.

The government has created the Help to Buy ISA scheme to help hardworking people save towards their first home. First time buyers can save up to £200 a month towards their first home with a Help to Buy ISA and the government will boost their savings by 25%. That's £50 government bonus for every £200 saved up to a maximum government bonus of £3,000. The bonus is available for home purchases up to £450,000 in London, and up to £250,000 outside London.

OUR CLIENTS SAY ABOUT US

Ranked highly in Romford and Brentwood for Residential Property

Residential Property
Very prompt. Experienced. Expert. Friendly.
Trevor
Residential Property
The staff were professional and friendly.
Shelley
Residential Property
Svetlana at Mullis & Peake recently handled our divorce transactions and house purchase, no fuss, straight forward advice, great communication and handled efficiently.
Mcdocat
Residential Property
Trusts and Probate
Excellent service and very good advice on both recent matters. Mullis & Peake have acted for our family for many years and have proved very professional on each occasion
Terry
Residential Property
Mullis & Peake dealt with both the sale and purchase for my mum's properties. Paul is professional, helpful and efficient. Explained all the processes in a timely manner. Top quali...
Jenny
Meet OUR people

Residential Property Team

Mullis & Peake’s Residential Property Team have been recognised as one of the best in the country, having won several national awards. Our highly skilled team have expertise in a wide range of residential property matters, including buying and selling freehold and leasehold property, remortgaging, lease extensions, enfranchisement of leasehold property, transfer of equity, declaration of trust, equity release, and new builds.

Solicitor

Vernon Sellahewa

Vernon joined the Residential Property team at Mullis & Peake in December 2022.
Contact Vernon
Licensed Conveyancer

Gayna Percival

Gayna joined the Conveyancing team at Mullis & Peake in January 2020.
Contact Gayna
Senior Associate Solicitor

Paul Fursman

Paul qualified as a solicitor in 2010 and specialises in Residential Property matters.

Contact Paul

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