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Frequently asked questions
Plain-English answers to the questions people ask most about conveyancing, lease extensions and commercial leases. Each answer explains the process; if your situation needs specific advice, I explain that when you instruct me.
Conveyancing Basics
What is conveyancing?
Conveyancing is the legal work involved in transferring the ownership of a property from one person to another.
It includes checking the legal title, carrying out searches, preparing the contract, dealing with the money on completion and registering the new owner at HM Land Registry. The same term is used for related work, such as a remortgage or a transfer of equity.
What is a conveyancer, and is a conveyancer a solicitor?
A conveyancer is a property lawyer who handles conveyancing. Not every conveyancer is a solicitor.
Conveyancing can be handled by a solicitor or by a licensed conveyancer, who specialises in property work. I am a solicitor, and I handle every matter personally.
Do you need a solicitor to buy a house?
The law does not require you to use one, but in practice almost every buyer does, and if you are buying with a mortgage, your lender will require a solicitor or conveyancer.
The legal checks, the contract, the transfer of the money and the registration of the new owner all need care, and mistakes can be costly to put right.
Do I need a solicitor to sell my house?
The law does not require it, but in practice you will need one. The buyer's solicitor expects to deal with a solicitor or conveyancer, and any mortgage on the property has to be paid off on completion.
How do I choose a conveyancing solicitor?
Look at who will actually handle your matter, what the fee includes, and how you will be kept updated.
Ask whether the fee is fixed, which additional fees and disbursements may apply, and whether you will deal with the same person throughout. If you have a mortgage, check that the firm can act for your lender. With me, you deal with the same solicitor from start to finish, and my fees are published on the Fees page.
Exchange and Completion
What happens on completion day?
On completion day, the buyer's solicitor sends the money to the seller's solicitor. Once it arrives, the sale is complete and the keys can be released.
The buyer's money usually comes from the buyer's mortgage lender and from the buyer's own funds. The seller's solicitor then pays off the seller's mortgage. The time it all happens depends on the chain, because each sale in the chain often relies on the money from the one before it.
Where do you collect the keys from on completion day?
Usually from the estate agent, once the seller's solicitor confirms that the money has arrived.
If there is no estate agent, the arrangements are agreed between the buyer and the seller in advance.
What happens on remortgage completion day?
Your new lender sends the loan to your solicitor, who uses it to pay off your old mortgage. Any money left over is sent to you.
Nothing changes for you at the property. Afterwards, your solicitor registers the new mortgage at HM Land Registry and removes the old one.
How long is it between exchange and completion?
It is whatever the buyer and the seller agree, often around one to two weeks.
The completion date is fixed in the contract at exchange. It can be the same day as exchange, or longer, depending on what suits everyone in the chain.
What does exchange of contracts mean, and what time of day does it happen?
Exchange of contracts is the moment the sale becomes legally binding. There is no set time: it happens when everyone in the chain is ready, often later in the day.
The solicitors exchange by telephone, and the buyer's deposit is paid. After exchange, if either side pulls out, there are serious financial consequences.
Can you exchange and complete on the same day?
Yes. It is possible, and it can suit simpler transactions, such as a purchase with no chain.
The downside is that nobody is legally committed until that day, so there is less certainty for booking removals or giving notice on a tenancy.
What can hold up exchange of contracts?
Usually something in the chain or a step that is still waiting, such as a mortgage offer, search results or replies to enquiries.
Other common causes are survey issues, missing documents, and funds for the deposit not yet being in place. I tell you what is outstanding, so you know where things stand.
Searches and Property Forms
What are conveyancing searches?
Searches are checks made with the council and other organisations, to find out about matters affecting the property that a viewing would not show.
The usual searches cover the council's records (for example planning and roads), drainage and water, and environmental matters. Other searches may be needed depending on where the property is. If you are buying with a mortgage, your lender will usually require them. The cost is shown with the disbursements on the Fees page.
How long do conveyancing searches take?
It varies, mostly depending on how quickly the council replies: from a few days to several weeks.
Searches are ordered at the start of a purchase, so they run alongside the other work.
What is the TA6 form?
The TA6 is the property information form that a seller completes. It answers the standard questions a buyer's solicitor asks, about boundaries, disputes, alterations, guarantees, services and more.
The buyer relies on the answers, so they must be accurate.
What is the TA10 form?
The TA10 is the fittings and contents form. The seller uses it to say which items are included in the sale, which are excluded, and which are for sale separately.
It avoids disputes on moving day about things like curtains, light fittings and kitchen appliances.
Leasehold and Lease Extensions
How is a lease extension premium worked out?
A specialist valuer works it out. It depends mainly on how many years are left on the lease, the ground rent and the value of the flat.
I work with your valuer, but I do not give valuation advice.
What is marriage value?
Marriage value is an extra amount that can form part of the lease extension premium when a lease has 80 years or less left.
The rules on marriage value may change under the Leasehold and Freehold Reform Act 2024, so your valuer will confirm what applies to your lease at the time.
What is a deed of variation of a lease?
A deed of variation is a legal document that changes the terms of an existing lease, agreed between the landlord and the leaseholder.
It is used, for example, to correct a mistake in the lease or to change the ground rent, without granting a new lease. If there is a mortgage, the lender usually has to agree, and the change is registered at HM Land Registry.
Commercial Leases
Are heads of terms legally binding?
Usually not. Heads of terms are normally agreed subject to contract, so neither side is bound until the lease is completed.
Some parts can be binding if they say so, for example a promise to keep the deal confidential or not to negotiate with anyone else for a period. I can check the heads of terms before you sign them.
How can I get out of a commercial lease early?
It depends on what the lease allows. The main routes are a break clause, an assignment of the lease to a new tenant, or an agreement with the landlord to end the lease early, known as a surrender.
Break clauses usually have strict conditions, so I check them carefully before any notice is served.
What happens when a commercial lease ends?
It depends on whether the lease is protected by the Landlord and Tenant Act 1954.
If it is protected, the tenancy usually continues on the same terms after the end date, until it is ended or renewed under the Act. If the lease was contracted out of the Act, the tenant has no right to stay, and a new lease is only possible by agreement.
Can a landlord refuse to renew a commercial lease?
If the lease is protected by the Landlord and Tenant Act 1954, the landlord can only refuse on the grounds set out in the Act, such as redevelopment or wanting to occupy the premises.
If the lease was contracted out of the Act, the landlord does not have to offer a new lease.
What is a rent review?
A rent review is a point in the lease when the rent can be changed, using a method the lease sets out.
Common methods are a review to the market rent, an increase in line with an inflation index such as CPI, or fixed increases. Many leases say the rent can only go up, which is called an upward-only review. Some set a minimum and maximum increase, known as a cap and collar.
Who pays the costs of a lease assignment?
Each side usually pays its own solicitor, and the lease usually requires the outgoing tenant to pay the landlord's reasonable legal costs of giving consent.
The landlord's costs are separate from my fee. I tell you about them when I quote.
Ready for a fixed-fee quote?
Tell me briefly what you need. I will reply with a written quote and explain what happens next.