About Conveyancing

Author: Simon Seaton

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Simon Seaton is a former UK solicitor and a director of Lexsure. He has assisted hundreds of law firms, from small practices to firms ranked in the top 500, with compliance needs spanning SRA requirements, mortgage lender instructions, CQS and anti-money laundering. His AML experience includes developing policies, procedures and systems, and conducting independent audits of firms’ policies, controls and procedures. He has also delivered hundreds of webinars and seminars for lawyers and mortgage lenders on compliance, conveyancing risk and AML. Over the years, Simon has liaised on AML and risk management matters with organisations including UK Finance, the Bank of England, the Metropolitan Police, the National Crime Agency and the Financial Conduct Authority, as well as major mortgage lenders and professional indemnity insurers.

  • Key Tips for Chosing the Right Conveyancing Specialist

    Conveyancing is the essential legal process required to transfer property ownership from a seller to a buyer. It spans the entire transaction, ensuring the title is legally registered in the purchaser’s name upon completion. Because a conveyancer handles crucial contract negotiations and title transfers, hiring a qualified conveyancers or regulated conveyancing solicitor is vital for a smooth process.

    Whether you hire an independent practitioner or a firm, choosing the right legal team can feel overwhelming. Consider these key factors to secure the best service for your needs:

    • Demand a Competitive, Fixed Fee: Opt for firms offering a transparent, fixed-fee conveyance structure to avoid unexpected costs. Steer clear of solicitors who charge on an hourly basis, and compare reliable online conveyancing quotes to find strong value.

    • Verify Regulated Quality: With the proliferation of property service providers, ensure your chosen firm is properly regulated by the Council for Licensed Conveyancers (CLC) or the Law Society.

    • Seek Specialised Expertise: Select a practice that specializes in residential conveyancing and financial property transactions. It is also wise to check whether they handle related legal matters, such as family law or property litigation, if your purchase involves complex personal circumstances.

    • Request a Client Care Letter: Always inspect the firm’s formal client care letter before instructing them. This document outlines the scope of work, fee breakdown, and complaint procedures.

    • Evaluate Modern Technology: Modern firms leverage digital tools to streamline your transaction. Look for online platforms that allow you to track transaction status 24/7, receive SMS updates, and access secure, password-protected online portals.

    • Confirm Lender Panel Membership: Ensure your chosen legal practitioner is officially listed on the approved conveyancing panel for your specific mortgage lender, or your transaction could face significant delays and extra costs.

    • Panel membership should be checked against the particular bank or building society named in your mortgage application. Our more recent guide explains how to check whether a solicitor is on your mortgage lender’s panel and what may happen if the firm is not approved.

  • Landlord stung by failure to comply with service charge requirements

    In Daejan Investments Ltd v Benson and others [2009] UKUT 233 (LC), the Freeholder/landlord who owned a block of shops and flats gave notice to the leaseholders of the flats that it intended to carry out major works amounting to £270,000.

    The landlord failed to comply with the statutory service charge consultation requirements leading to a service charge dispute. The Leasehold Valuation Tribunal (LVT) refused to grant a dispensation from compliance. This net result of the decision was that the service charge liability of the five leasehold owners was limited to £250 each.

    At appeal, the Lands Chamber of the Upper Tribunal agreed with the Leasehold Valuation Tribunal that it could not take into account the disproportionate financial consequences for the landlord when deciding whether or not to make an order for dispensation: the statutory consequences of the failure to comply were an intrinsic part of the law relating to service charges, and there to be followed.

    This decision should be seen as a warning to landlords to comply fully with the detailed service charge consultation requirements. This is particularly important in the case of major works, as non-compliance can result in a drastic reduction in the amount that the landlord can recover from the leasehold owners.