Lexsure’s October 2026 CLIENTCAREmonitor notification provides five suggested additions to conveyancing terms and conditions: portal confidentiality, searches supplied by others, lender approval, moving arrangements and responsibilities after completion.
Each addresses a point at which clients may misunderstand what has been agreed or what needs to happen next. A document appearing on a portal is not authority to exchange. A mortgage offer does not resolve every lender requirement. Paying the purchase money does not necessarily mean that the keys can be released.
Following our September Terms and Conditions update, October’s wording helps firms explain these practical distinctions within their engagement documents.
The CLIENTCAREmonitor Terms and Conditions Notification Service supplies suggested paragraphs for firms to consider and adapt while retaining their existing process for producing terms.
Why review these subjects now?
The proposed Conveyancing Protocol gives renewed attention to digital communication, information sharing, supplied searches and transaction management.
The Law Society’s proposed Protocol update remains a consultation proposal. The October notification should not be described as implementing an adopted replacement Protocol.
Nevertheless, these are useful areas for review now. Firms should assess whether their terms accurately explain their current service and whether the corresponding procedures support what clients are being told.
1. Conveyancing portals and confidential information
A shared portal may allow solicitors, estate agents, mortgage brokers and clients to access different parts of the transaction information. Clients need to understand how their information will be used and who may see it.
The October wording explains the possible use of secure portals for documents, communication and progressing the transaction.
Where confidential information is proposed to be shared with other participants, it provides for an explanation of the information, recipients and purpose, followed by express client authority unless disclosure is otherwise legally permitted or required.
It also clarifies that uploading a document or recording a status update does not itself authorise exchange or completion. Necessary instructions must be obtained separately.
What should firms check? Whether the terms match the portal’s actual permissions, the firm’s disclosure procedures and the alternatives available to clients who cannot use it.
The internal controls should be consistent with the CQS Information Management and Security Policy.
2. Searches supplied by sellers, estate agents or other providers
A buyer may arrive with searches already commissioned by someone else. That can create an expectation that the conveyancer will use them and that no further search costs will arise.
The October paragraph explains that existing searches still require assessment. Relevant matters include their date, scope, protection against errors and acceptability under the mortgage lender’s instructions.
Further searches may be appropriate where information is outdated, coverage is insufficient or a particular risk needs specialist investigation. The suggested wording provides for explaining the reason and likely additional cost before ordering them.
It also asks clients to disclose intended alterations, use and other concerns that may affect the investigation.
What should firms check? Whether clients understand that supplied searches are subject to review, and whether any decision to proceed without recommended information is compatible with the firm’s professional and lender obligations.
The related internal assessment procedure is addressed in our October POLICYmonitor update.
3. Mortgage lender requirements and approval before exchange
For a buyer, receiving a mortgage offer may feel like the final confirmation that the purchase can proceed. The legal requirements may still be unresolved.
The October wording explains that a firm acting for both buyer and lender owes separate professional duties to the lender and must follow its instructions.
It identifies changes clients should report promptly, including the purchase price, incentives, financial contributions and proposed occupation.
Where an issue requires further lender instructions or approval, the suggested clause provides for obtaining the necessary written response before exchange. Clients are warned that the lender may impose conditions, change its offer or decline to proceed.
The clause also addresses requests to withhold information that the firm is obliged to report and conflicts that may prevent continued representation.
What should firms check? Whether the engagement wording explains the lender’s separate role and whether fee earners have a reliable procedure for obtaining and recording the authority required.
Our article on why a lender portal acknowledgement is not approval examines the corresponding file controls.
4. Transaction timetables, completion and release of keys
Clients make practical decisions around moving dates: booking removals, arranging childcare, taking leave and giving notice on rented accommodation.
The October paragraph explains that proposed dates remain targets until the necessary arrangements are agreed and contracts exchanged. It identifies dependencies such as chains, mortgage funds, search findings and replies to enquiries.
Clients are asked to disclose time-sensitive arrangements early and discuss commitments that cannot readily be changed before making them.
The wording then distinguishes sending the purchase money from confirmation of legal completion and authorisation to release keys.
It also reminds sellers to comply with the contract’s requirements for vacating the property and handing over possession.
What should firms check? Whether their terms, staff communications and completion-day instructions give clients a consistent explanation of what must happen before they can move.
Terms should support timely communication about known obstacles, rather than substitute for it.
5. Registration, cooperation and retained funds after completion
For the client, collecting the keys can feel like the end of the legal work. Registration, tax submissions, lender obligations and agreed financial retentions may remain outstanding.
The October wording explains the post-completion work included in the instructions, including relevant tax returns and registration applications where applicable.
It provides for monitoring the application, dealing with requests for further information and notifying the client when registration is completed.
Clients are asked to respond promptly, keep their contact details current and disclose plans to sell or remortgage while registration remains outstanding. The wording expressly retains the firm’s responsibility for managing the application and taking appropriate protective steps.
For retained money, the paragraph addresses the amount, purpose, release conditions and review. Other client money should be returned promptly once there is no proper reason to retain it, subject to necessary payment-detail verification.
What should firms check? Whether post-completion responsibilities and retention arrangements are explained clearly, with an identified person monitoring outstanding work.
For service-charge retentions, our guide to service charges and the 18-month rule explains why the contractual retention period and statutory recovery rules need separate consideration.
Client-facing terms and internal policies should agree
These suggested paragraphs describe arrangements the client will experience. The firm’s policies should explain who performs the work and how it is supervised.
The CQS Client Care Policy provides the internal framework for communication and client-care standards. Relevant risk, information-security and lender procedures should support the promises made in the engagement documents.
For example, terms stating that the firm will monitor registration applications should be supported by responsibility for monitoring, absence cover and escalation. A portal confidentiality clause should correspond with actual access controls.
How should firms use the October notification?
Review each suggestion against the firm’s work, systems and existing wording. Some clauses may require amendment; others may already be adequately covered.
- Identify the existing section affected.
- Adapt relevant wording and remove unnecessary duplication.
- Check consistency with client-care letters and internal procedures.
- Approve and record the revised version and implementation date.
- Brief staff on the explanation clients should receive.
- Decide whether affected current clients need specific communication or an agreed variation.
The purpose is clearer agreement about the service and the decisions required from the client. Suggested wording must remain fair, accurate and consistent with the firm’s legal and professional obligations.
Keep your firm’s terms under regular review
CLIENTCAREmonitor’s Terms and Conditions Notification Service provides monthly suggested paragraphs for your firm to consider, adapt and incorporate where relevant.
Retain your existing process for generating terms while receiving new wording for review.
Explore Terms and Conditions Notifications →The Notification Service can be used without adopting the complete Terms and Conditions Generator.
This article summarises Lexsure’s October 2026 CLIENTCAREmonitor notification for firms in England and Wales. The proposed Conveyancing Protocol remains a consultation draft. Each firm should assess and tailor suggested wording to its retainers, procedures and applicable obligations.