Our Residential Property team has published a number of client information sheets that help to answer a lot of the frequent questions asked of us by our clients. Click on the links below to view/download the sheets in full.

buying or selling a residential property

  • How long does it take?
    Buying a home can be a lengthy process and you should be aware of potential causes of delay. If a chain of transactions is not involved (ie your buyer does not have a dependent sale, and your seller is not linking in the purchase of another property) it takes, on average, about four to five weeks to get to the exchange of contracts stage.
  • Do I need a survey?
    It is a general rule when you buy a property that any problems with that property after you buy will be your problems! It is up to you to satisfy yourself about the structure and condition of the property before you buy.  It is unlikely that you will have a comeback against the seller if there are problems.
  • Deposits
    When agreeing to buy a house or other property it is customary to pay a deposit on exchange of contracts. The deposit is traditionally 10% of the purchase price, but this is often open to negotiation and quite often nowadays the deposit is 5% of the price.
  • Release of keys
    Where an empty property is being sold the buyer will often enquire whether he might be allowed to have a key so as to gain access prior to completion.  This may arise for a variety of reasons, either because he wishes to carry out repairs, alterations or painting; to move some of his furniture in or just to clean prior to moving in.
  • Identity procedures – government regulations mean you must prove who you are
    The UK is a major international financial and legal centre with a high reputation for honesty and integrity. Unfortunately that is why professional and financial businesses like banks and solicitors firms are attractive to money launders – criminals who sometimes try and hide stolen money by turning it into legitimate income.
  • Arranging your own buildings insurance cover
    Nearly all lenders instruct solicitors to follow the requirements and provisions of the Council of Mortgage Lenders (CML) handbook when dealing with the completion of mortgage advances. These written instructions fall into two separate parts; part 1 sets out general requirements common to all lenders, whilst part 2 sets out each individual lender’s own particular requirements.
  • Buying together
    If two or more people buy a house or land together they can do so in one or two ways. The alternatives are technically known as ‘joint tenancy’ and ‘tenancy in common’. In order to decide which alternative would be appropriate to any particular case a number of points need to be borne in mind.
  • Stamp duty land tax (SDLT)
    From 1 December 2003, stamp duty was abolished and a new tax called stamp duty land tax (SDLT) was introduced which affects all land transactions. Stamp duty has been payable according to the document by which the sale (or lease) was effected and solicitors acting for the buyer (or lessee) would have completed the necessary forms on their behalf. Under the new regime, on completion of a land transaction, the person responsible for paying the duty (normally the buyer or the lessee) will be required to complete and sign a Land Transaction Return. This form must be signed by you, the tax payer. 

other residential property services

  • Rights affecting property land
    It is usually the case that if there are rights affecting a property, the rights in question will be shown on the property’s title. Such ‘express’ rights are, therefore, readily identifiable and a buyer of the property will be aware of them.

For a free written quote or immediate advice on the telephone, please contact our Residential Property team in the office closest to you:

Debbie Castle, partner in Portsmouth on 023 9228 2720 or debbie.castle@bllaw.co.uk.

Lorna Munro, partner in Southampton and head of the Residential Property team on 023 8085 7122 or lorna.munro@bllaw.co.uk.

Sue Cornall, senior solicitor in Oxford on 01865 253291 or sue.cornall@bllaw.co.uk.

Alternatively, email our Residential Property helpdesk on residentialpropertyinfo@bllaw.co.uk.