Conveyancing

Selling your property can be both stressful and confusing. Usually a sale involves a chain of transactions which extends beyond your and our immediate control.

We understand the importance of communicating with everyone involved in the process, the importance of acting quickly to minimise delays and most importantly in providing a quality and value for money service.

We will help co-ordinate the necessary timescales. To ensure the most efficient sale we advise that you contact us immediately prior to placing the property on the market, this allows us to provide you with impartial advice at the earliest possible stage in the transaction and will reduce the risk of problems occurring in the later stages.

Having a realistic assessment of the costs and timescales involved in the process at the outset helps to minimise anxiety and uncertainty during the transaction. 

As soon as you decide that you wish to sell a property, Harlington Solicitors will be happy to discuss the mechanics of the sale with you. We will obtain the official title register deeds in respect of your Property to ensure that, once a buyer has been found, we can send out the draft contract papers as quickly as possible.

We will advise you on your dealings with any estate agents involved and with other people involved in the chain of transactions.

Having prepared and sent a contract out to the solicitors acting for the prospective buyers, we will help you to answer any questions raised by them.

We will discuss possible completion dates with you and ensure that those dates tie in with any related transactions and are suitable for you. Following the exchange of contracts, we will liaise with any mortgage lender you may have to ensure that the mortgage is paid off and redeemed on completion. 

On the completion date, we will account to you for the balance of the sale proceeds.

Whether you want to switch to a better mortgage rate, or simply raise capital, we can help you to complete your remortgage quickly and efficiently.

The legal process for remortgaging is simpler than your original purchase, however, there are still a number of checks and requirements to overcome before you can release your funds and Harlington Solicitors have an experienced conveyancing team that can assist with your remortgage of freehold, leasehold or buy-to-let properties.

If you are thinking about remortgaging or would like to speak to a member of our team, please get in touch. 

What is the process?

Once you have completed and returned paperwork, we will apply for your up-to-date title documents from the Land Registry plus any historic deeds or documents which might still be held by your existing lender. We will then carefully review the title document to ensure there are no issues.

You will receive your written Mortgage Offer and we will then send you our written report including the Mortgage Deed for you to sign and return to us.

Once the new lender’s requirements are met we can agree on a completion date and obtain a final redemption figure from your existing lender.

We will request the funds from your new lender and will pay off your existing mortgage and send any surplus funds to your account. If we do not receive enough funds to cover your previous mortgage, we will request a shortfall from you.

We will register your new mortgage at Land Registry and let you know when this has been done.

Harlington Solicitors can help you with any remortgage or refinancing, from a first-time remortgage to buy-to-let property portfolios.

Our specialist solicitors are highly experienced in advising on Islamic Mortgages and Finance.

The Islamic Finance team advises on a wide range of Shari’ah compliant finance facilities, including ijara (finance and operating leasing arrangements) and musharakah (partnership financing).

Our Islamic finance specialists act for a variety of customers and banks, and have particular expertise in the buy to let sector with companies buying for investment purposes.

We are able to advise on the differences between Shari’ah compliant funding arrangements and conventional facilities and the potential benefits and technical risks to a customer.

Our Diminishing Musharakah transactions involve the establishment of a partnership arrangement where the bank jointly buys and then transfers ownership of a property to the customer over time.

We provide highly respected and comprehensive legal advice for clients engaging in Shari'ah compliant operating and finance leases of residential and commercial properties.

Extending your lease is an important part of owning a leasehold property however it can be confusing to navigate.

If your lease has 80 years or less remaining, this may affect your ability to sell. If this is not addressed, it can become a burden on your finances as the lease term gets shorter.

We act for both landlords and tenants advising on the various legal aspects of leasehold enfranchisement law including:

• Lease Extensions for both flats and houses.
• Collective enfranchisement (i.e. freehold of a block of flats).
• House enfranchisement (freehold of a house).
• Right to manage.
• Tenant’s right of first refusal.
• Freehold sales.

Under The Leasehold Reform Housing and Urban Development Act 1993 qualifying leaseholders can apply to extend their lease by adding  90 years to  the current unexpired term. A premium would be payable to the landlord for the extension. It would be prudent to consider making  an application under the Act to extend a lease prior to a lease reducing to 80 years . This procedure is open to all leaseholders who meet the qualification criteria and would not require the co-operation of the other leaseholders in the  building or estate.

Right to Enfranchise 

The Leasehold Reform Housing and Urban Development Act 1993 provides the right for the leaseholders to join together to Purchase the Freehold of their building.

Subject to the application meeting the qualification criteria under the Act the Freeholder cannot object to the sale.

Once the Leaseholders have purchased the freehold of the building they will then become responsible for managing the building. On purchase of the freehold of the building the tenants who have taken part in the purchase of the freehold often consider extending or varying their individual leases.

Shared Ownership schemes are provided through Housing Associations and are an brilliant way of buying your own property when prices throughout the country are so high.

Shared ownership is a cross between buying and renting and is usually aimed at mainly first time buyers.  You are able to buy a share of your home, usually from 25% to 75% of the home’s value, and pay rent on the remaining share.

You will need to take out a regular mortgage to pay for your share of the home’s purchase price and Shared Ownership properties are always leasehold, not freehold. There are also options to purchase a larger share of the property at a later date.

You will need to speak to your local Help to Buy agent to see if you qualify for these schemes. We will be able to help you with all of the necessary legal matters relating to purchasing a property and ensure that you are taken care of with skill and understanding as we know that you will want to complete your purchase as soon as possible.

A transfer of equity is required to amend the ownership of a property by adding or removing an owner. It can also take place subject to an existing mortgage or financial arrangement. Transfers of equity are subject to stamp duty so it's important you contact Harlington Solicitors to discuss this prior to engaging in the transfer.

Typical scenarios of when a Transfer of Equity may happen are on a breakdown of a marriage or civil partnership and either the Court orders or it is agreed in matrimonial proceedings that the property is to be transferred from the joint name of the couple to a sole name.

Another scenario could be that when the partner of a couple move into a property owned by the other and they wish to put the property into their joint names. One point to remember is that if there is a mortgage secured on the property, consent from the Lender will be required before proceeding with any Transfer of Equity.

As part of preparing a tax-efficient Will, we can provide guidance on setting up a trust to avoid or reduce your Inheritance Tax or Capital Gains Tax liability.

By gifting to trusts in your will, you can ring-fence some or all your assets to prevent them from being considered for some purposes such as a divorce settlement.

With Harlington Solicitors you’ll have a dedicated New Build solicitor who has expertise acting for purchasers buying New Build properties for years.  We can act under the tight deadlines often imposed by developers and we promise to keep you informed at every stage of your transaction. As part of the transaction a report shall be prepared and sent to you with copies of all the relevant documentation while advising you on planning, building regulations, the adoption of the roads and sewers, the access rights for other services and on the new build warranty provided.

The Government created a Help to Buy scheme in 2013 to help people get on the housing ladder and buy their own homes.

Equity loans are open to both first-time buyers and home movers on new-build homes in England with a purchase price up to £600,000. With an equity loan you’ll need to contribute at least 5% of the property price as a deposit, the government will give you a loan for up to 20% of the price and you’ll need a mortgage of up to 75% to cover the rest.

Mortgage guarantees helps people who fit the criteria buy a home with a deposit of 5% of the purchase price. It’s open to both first-time buyers and home movers for new-build and older homes in the UK with a purchase price up to £600,000. The mortgage guarantee works in the same way as any other mortgage agreement, except that under the scheme the Government offers lenders the option to purchase a guarantee on mortgage loans. Because of this support, mortgage lenders are able to offer home buyers more high-loan-to-value mortgages of between 80-95%.

As always in any property purchase, you will still be fully responsible for your mortgage repayments, so with a 5% deposit, you will need to take out and pay back a 95% mortgage.

Harlington Solicitors can work with you on all types of business premises – from single units through to large scale residential and commercial developments and factories.

Whether you are buying, selling, letting, developing or leasing, if you are involved in Commercial Property we can assist you.

Our commercial team has specialist expertise in working closely with small to medium sized businesses, larger companies, developers, mainstream lenders and high net worth individuals. 

A very personal approach is adopted and we look at every aspect of your commercial property transaction, guiding you through all the negotiations whilst also taking into account the suitability of your financial risk and return on investments, especially for investors and developers.

If you are buying for example, we will make the appropriate searches and advise you on the right due diligence questions to ask the seller. Equally, if you are the seller, we will assist you in answering the due diligence enquiries from the buyer’s solicitor.

If you are an investor buying a property subject to occupational leases, we will vet each lease for you and deliver a full report on its terms. We can also deal with VAT issues and taxation, surveys, complete and submit the stamp duty land tax form and register your title at the Land Registry.

Commercial Lease Solicitors – Acting For The Landlord

If you own a property suitable for commercial use and already lease it to a tenant or are looking to begin leasing a property you own, our commercial lease solicitors can provide a number of useful services. At the beginning of the leasing process we can advise you on what to expect from leasing and what to cover in the terms of your lease, from basic tenancy periods and rates to renewals, sub-letting and improvements, break clauses and exit fees.

Finally, if you are planning to either expand your portfolio or sell your existing assets, our commercial lease solicitors can provide guidance on all aspects of the buying and selling process, including how to manage existing tenants.

Commercial Lease Solicitors – Acting For The Tenant

When looking to lease a commercial property, the complex contracts and unfamiliar terms can be bewildering. It is important to know exactly what you are agreeing to before you sign anything however, as getting locked into a contract that is not suitable for your needs can be potentially disastrous. That is why we strongly suggest seeking legal advice from experienced commercial lease solicitors before committing to any lease.

Harlington Solicitors regularly act on Business Lease renewals under the Landlord and Tenant Act 1954 and are able to advise you on the practice and procedures involved as well as guiding you through the necessary documentation.

We can assist both Landlords and Tenants with negotiating new terms, serving notices, responding to notices and negotiating interim rent. We are also able to assist Landlords with regaining possession of your property whilst guarding your interests. Our advice is specific and practical which allows you to make an informed commercial decision.

Harlington Solicitors has experts in acting for lenders on purchases of commercial property. We pride ourselves on carrying out due diligence effectively which ensures that your security is guaranteed.

We also assist borrowers with their lending. We are on the panels of the majority of the major lenders and are able to guide you through the process and the legal impacts of the loan.

Our expert bridging loan solicitors regularly act for borrowers of short-term finance including bridging loans, development loans and commercial mortgages.

As an alternative to traditional bank finance, short term loans often referred to as bridging loans are becoming increasingly popular with landlords, developers and homeowners alike to ‘bridge’ gaps in funding. Examples include:

• Securing the purchase of a property before the sale of another
• Purchasing a property not suitable for a conventional mortgage
• Completing an auction purchase within required timescales
• Finishing off refurbishment works and/or minor developments
• Refinancing and/or consolidating existing debts

From obtaining the consent of your landlord to finding a suitable assignee and completing the necessary paperwork, there are many steps and many potential pitfalls to consider. 

Due to the complex nature of commercial Leases and the importance of not breaking any clauses in your contract, if you are interested in assigning or transferring a Lease to another party we would strongly recommend speaking to a solicitor experienced in commercial property law before taking any action. Our experienced and knowledgeable commercial property solicitors can help guide you through this process.

Legislation relating to landlord-tenant rights and responsibilities is constantly evolving. At Harlington Solicitors we have solicitors who can provide clear, expert guidance on:

• Short holds, tenancies and sub-letting assignments

Enforcement of covenants

• Issues arising from the Landlord & Tenant Act 1954 including initiating proceedings for possession of premises
• Landlords’ consents
• Lease negotiation, renewal and enfranchisement
• Recovery of service charges or possession
• Removal of unauthorised occupants
• Rent reviews or management of rent arrears
• Schedules of dilapidations

In the instance that a leaseholder breaches the terms of their lease, landlords can take legal action against them, to gain possession of your property by forfeiting the lease, it is necessary to obtain a court order. The process is commenced by the service of a valid notice under section 146 of the Law of Property Act 1925, the Notice of Seeking Possession.

Harlington Solicitors has experience preparing section 146 notices and handling of any related appeal proceedings.