Residential Property

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

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.

If you are buying or selling a freehold or leasehold property, remortgaging, extending leases, releasing equity or dealing with a shared ownership property, we can provide you with expert help and guidance.

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’ and a completions manager, meaning you will receive a seamless service, from start to finish

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

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

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

Do you need help with the following?

Call us now for residential property support

You will be working with a team that has substantial experience in dealing with all types of residential property work. Whilst we believe our fees are competitive, we are also firmly of the view that fees alone should not be the sole determining factor when choosing a legal practice to undertake your conveyancing work. We pride ourselves on our level of customer service, our easy accessibility and the added value that we give to our clients’ transactions. We consider these to be equally important in making that decision.

You can click on the team’s names to read more about them.

Joanne Wood - Member, Solicitor and Head of Property

Roger Clark – Member and Solicitor

Paul Fursman - Associate Solicitor

Dawn Verney – Conveyancing Executive

Svetlana Humphris – Associate Licensed Conveyancer

Gayna Percival - Licensed Conveyancer

Paras Mercioniu – Conveyancing Paralegal

Sian Winstone-Adair – Conveyancing Paralegal

Jessica Brill - Sales Progressor 

Sophie Hector – Senior Conveyancing Completion Manager

Mary Clark – Conveyancing Completion Manager

‘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

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 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. 

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

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. 

 

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 sale.
  • Assisting with any post-completion queries from the buyer’s solicitors in respect of the buyer’s registration of ownership at 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 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.

 

 

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.

 

 

What is involved in a typical leasehold purchase:

  • 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 requesting 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.
  • Giving careful consideration to the lease and all leasehold documentation in accordance with current legislation and lenders requirements under the CML Handbook.
  • Submitting local, environmental, coal, brine, water, chancel, flood or any other search that may be necessary.
  • Raising detailed enquiries with the seller’s solicitors.
  • Obtaining a Management Information Pack via the seller’s solicitors from the landlord and/or the managing agent in respect of ground rent, service charge and all lease matters.
  • Considering your mortgage offer from your chosen lender and addressing any special conditions they may raise or any special requirements, for example: gifted deposit or purchase at an undervalue.
  • Considering replies received from the seller's solicitors to our enquiries and seeking further clarification if required.
  • Considering results of the various searches and raising enquires on any matters arising as appropriate with the seller’s solicitors.
  • Preparing a comprehensive report on title including the terms of the lease and reporting to you together with all supporting documents associated with the property.
  • Advising you in respect of any post-completion requirements of the landlord and/or managing agent pursuant to the lease.
  • 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 confirming the completion date.
  • Carrying out pre-completion searches with the Land Registry.
  • Preparing the draft transfer and requisitions on title and sending them to the seller's solicitors.
  • Considering replies to requisitions and ensuring correct undertakings have been given in relation to the discharge of any existing charge or mortgage on the Property.
  • Preparing the completion statement and submitting it to you for approval and payment of any balance.
  • Arranging your signature to any completion documents including any lender’s legal charge.
  • Preparing Certificate of Title and submitting it to your lender and dealing with any further queries that they may raise.
  • Receiving the mortgage advance and balance of funds (if any) from you.
  • Effecting completion.
  • Confirming completion, release of keys and release of 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 post-completion requirements of the 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 an 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 on any of the following:

  • Any tax or Revenue issues
  • 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 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.

 

What Solicitors do

Buying or Selling a House?

Meet OUR people

Residential Property Team

Associate Licensed Conveyancer

Svetlana Humphris

Svetlana joined Mullis & Peake LLP in 2015 and works in the residential property team

Contact Svetlana
Associate Solicitor

Paul Fursman

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

Contact Paul
Sales Progressor

Jessica Brill

Jessica is a Sales Progressor within our Residential Property team.

Contact Jessica

Call us now for residential property support