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.

  • NatWest Changes Its Tenancy Requirements: Beyond the Three-Year Rule

    NatWest amended 14 sections of its UK Finance Lenders’ Handbook Part 2 requirements on 22 October 2026. Among the changes is a revision within section 6.6.3a concerning tenancy agreements.

    The supplied amendment replaces a requirement concerning tenancy duration and a repossession break clause with wording focused on legal validity and the effect of the tenancy on the Bank’s security.

    For conveyancers, the practical question is no longer answered simply by checking the agreement’s stated length and locating a break clause. The revised wording requires consideration of the tenancy’s legal effect in the relevant jurisdiction.

    What has changed?

    Section 6.6.3a is headed:

    Does the lender require counterpart/certified copy tenancy agreement to be sent to you?

    Within that answer, the previous wording stated:

    The tenancy is no more than 3 years in duration and includes a break clause allowing the lender to end the tenancy agreement early, in the event of repossession.

    The replacement wording states:

    The tenancy agreement must be legally valid in the relevant jurisdiction and must not materially prejudice the Bank’s ability to enforce its security, obtain possession where permitted by law, or dispose of the property following repossession.

    This article examines that supplied passage. The complete current answer, related Handbook provisions, mortgage offer and case-specific instructions must also be checked.

    A different test for the conveyancing file

    The previous passage specified two contractual features: a maximum duration and a break clause addressing repossession.

    The replacement asks whether the tenancy is legally valid and whether it materially prejudices the Bank’s ability to:

    • Enforce its security.
    • Obtain possession where the law permits.
    • Dispose of the property following repossession.

    That wording calls for an assessment of the arrangement and its legal consequences. Finding a clause labelled “mortgagee protection” or “break clause” does not, by itself, establish that the instruction is satisfied.

    Equally, the deletion of the quoted three-year restriction should not be presented as unrestricted approval of tenancies of any length or type. Other requirements may apply elsewhere in NatWest’s instructions or in the mortgage offer.

    Why the relevant jurisdiction matters

    The new wording expressly refers to legal validity in the relevant jurisdiction. A tenancy precedent or checklist suitable for one jurisdiction should not be assumed to work elsewhere.

    In England, the Renters’ Rights Act reforms introduced a new assured periodic tenancy regime from 1 May 2026, affecting most existing private assured shorthold tenancies and new assured lettings within its scope.

    The government’s Renters’ Rights Act overview for landlords explains the changes. Transitional arrangements, exclusions and the circumstances of the particular tenancy still need consideration.

    This provides relevant legal context for reviewing tenancy instructions. It does not establish NatWest’s reason for making the amendment.

    Conveyancers should avoid applying an old fixed-term checklist without considering the tenancy’s current legal status. The position in Wales, Scotland or Northern Ireland must be assessed under the law applicable there.

    A contractual clause cannot replace the statutory possession process

    The phrase “where permitted by law” is important. A tenancy provision cannot, simply by its wording, give the Bank rights that override applicable statutory protections or procedural requirements.

    The review should consider the legal framework governing possession and enforcement, together with the particular agreement and circumstances.

    The government’s guidance on grounds for possession in England includes information about mortgage-lender possession. The availability of a ground and its requirements should be assessed rather than assumed.

    Where the effect of a tenancy is uncertain, obtain appropriate specialist advice or lender clarification as required. A statement that an agreement is “standard” is not a substitute for that assessment.

    What should conveyancers check?

    A practical review should establish:

    1. The applicable jurisdiction and tenancy regime: identify the law governing the arrangement and any relevant transitional position.
    2. The current documents: obtain the agreement and relevant variations, renewals or other documents affecting the tenancy.
    3. The actual arrangement: check whether the documents accurately reflect the occupation and terms disclosed.
    4. The effect on the security: consider whether the tenancy materially prejudices the Bank’s enforcement, lawful possession or disposal rights.
    5. The remaining instructions: read the complete NatWest answer alongside related provisions and the mortgage offer.
    6. Outstanding questions: identify any further enquiries, advice or referral needed before proceeding.

    This is a suggested review structure, not an exhaustive statement of NatWest’s requirements.

    Record the reasoning behind the conclusion

    A file note saying “tenancy checked” gives another reviewer limited information about how the revised instruction was addressed.

    A useful record identifies the documents considered, the applicable legal regime, any relevant issues, the enquiries made and the conclusion reached.

    Where NatWest has been asked to consider a point, retain the report, supporting information and actual response. Our article on why a lender portal acknowledgement is not approval explains the distinction between receipt and a decision.

    Does the change alter the requirement to send the tenancy agreement?

    The supplied amendment concerns a passage within an answer whose heading asks whether a counterpart or certified copy must be sent to the lender.

    That passage alone does not establish the complete document-submission requirement. Conveyancers should read the whole current answer before deciding what must be sent, retained or referred.

    It would therefore be unsafe to infer from this extract either that every agreement must now be sent to NatWest or that submission is never required.

    One amendment within a wider NatWest update

    The tenancy wording forms part of an update affecting 14 Part 2 sections. Reviewing this passage should not replace checking the other amendments relevant to the matter.

    For firms, the next steps are to update tenancy-review prompts, brief affected staff and identify live matters requiring reconsideration. The response should reflect the complete revised instructions and the circumstances of each transaction.

    LENDERmonitor notifications provide a route for firms to enquire about monitoring changes to lenders’ mortgage instructions. Identifying an amendment should be followed by assessing its effect on the firm’s work.

    Reviewing an earlier NatWest transaction? Check the earlier wording

    This amendment illustrates why today’s Handbook cannot be used as a substitute for the instructions that applied to an earlier transaction.

    Where a dispute concerns the acceptability of a tenancy, or what the conveyancer should have checked or reported, the dated instruction is an important part of the evidence.

    The Lexsure National Westminster Bank archive provides access to historical lender-specific requirements. Our guide to investigating NatWest’s historical mortgage requirements explains why the relevant date matters.

    The historical wording should be considered alongside the mortgage offer, tenancy documents, lender correspondence, conveyancing file and law applying at the time. An instruction’s existence, amendment or deletion does not, by itself, establish whether earlier advice was adequate.

    Which NatWest tenancy requirements applied at the time?

    When reviewing an earlier mortgage transaction, start with the lender instructions recorded for the relevant date.

    Use the Lexsure Lender Archive to investigate National Westminster Bank’s historical requirements and place the tenancy review in its proper context.

    Check NatWest’s historical instructions →

    This article considers the supplied amendment to section 6.6.3a dated 22 October 2026. It does not reproduce the complete answer or summarise all 14 amended sections. Always check the current Handbook and transaction-specific instructions.

  • BSA Adds D.49 Building Safety Checks for Leasehold Flat Purchases

    The Building Societies Association has added a new building safety provision, D.49, to its Mortgage Instructions. For purchases within its scope, conveyancers must request information about remediation, landlord certificates and leaseholder deeds of certificate from the seller’s conveyancer.

    Separately, an announcement confirms plans to host the BSA Mortgage Instructions on the UK Finance Mortgage Lenders’ Handbook website by the end of 2026. Until that change takes place, conveyancers should continue using the existing BSA Mortgage Instructions.

    These developments require different responses: D.49 calls for a review of relevant leasehold purchase procedures, while the hosting announcement calls for firms to monitor forthcoming access and transition arrangements.

    Which transactions does D.49 cover?

    The new provision expressly applies to purchases of leasehold flats in England situated in a “relevant building” under the Building Safety Act 2022.

    It also directs conveyancers to the lender’s Specific Requirements for requirements concerning purchases and remortgages.

    That distinction matters. D.49 should not be described as applying to every leasehold flat, every jurisdiction or every remortgage. Equally, a transaction outside its express scope may still be subject to other building safety obligations or lender requirements.

    First establish which instructions govern the mortgage. Membership of the BSA does not, by itself, establish that a lender instructs conveyancers under the BSA Mortgage Instructions.

    Check whether the flat is in a relevant building

    The statutory definition concerns a self-contained building, or self-contained part of a building, in England containing at least two dwellings and meeting the height or storey threshold: at least 11 metres or at least five storeys, subject to the statutory exclusions.

    Use the government’s guidance on the definition of a relevant building when considering the applicable criteria, measurement rules and exclusions.

    Do not substitute the separate “higher-risk building” test. Nor does establishing that a building is a relevant building establish that every lease within it qualifies for every statutory protection.

    Record the information supporting the conclusion and obtain appropriate clarification where the building’s status is uncertain.

    What must be requested from the seller’s conveyancer?

    Where D.49 applies, the conveyancer must request the following information about the building:

    Required enquiry What to request
    Remediation Confirmation whether the building has been or will be remediated under the Building Safety Act 2022.
    Landlord certificates Copies of any Landlord’s Certificates signed by the landlord in the prescribed form under the Building Safety (Leaseholder Protections) (England) Regulations 2022.
    Leaseholder certification Copies of any executed Leaseholder Deed of Certificate in the prescribed form, together with confirmation that the relevant leaseholder submitted it to the landlord.

    The reference to submission is important. Possessing a signed copy does not, by itself, answer whether it was submitted to the landlord.

    The wording also refers to “any” certificates. An unanswered enquiry, a statement that no certificate exists and receipt of an executed document are different outcomes. The file should identify the position and address its implications under the applicable law and lender instructions.

    Requesting the documents is the beginning of the assessment

    A document collection exercise will not necessarily resolve the legal or lending questions.

    Consider whether the replies and documents are consistent with the property, lease, parties and remediation information. Investigate material gaps or contradictions and establish whether further information or a lender referral is required.

    For example, confirmation that remediation is planned may leave questions about the proposed work, funding, timing and potential leaseholder liabilities. Confirmation that work is complete may still leave outstanding documentation or other recommended work.

    Those are matters for appropriate investigation. They are not additional requirements expressly stated in the three D.49 bullet points.

    Our article on selling a flat after cladding remediation explains why completed work does not always resolve the paperwork and lending issues.

    A landlord certificate is not an EWS1 or fire risk assessment

    The documents serve different purposes. An EWS1, a fire risk assessment, a landlord certificate and a leaseholder deed of certificate should not be treated as interchangeable.

    Obtaining one does not automatically answer the questions addressed by another. Conveyancers should establish what evidence is required for the particular transaction rather than assume that a general statement that the building is “signed off” resolves every issue.

    Our building safety guidance for conveyancers considers the distinction between the applicable regimes, certificates and lender instructions.

    Read D.49 alongside the lender’s Specific Requirements

    The BSA framework comprises core instructions and lender-specific requirements. Reviewing the new core provision does not remove the need to examine the individual lender’s instructions, mortgage offer and case-specific correspondence.

    D.49 also expressly tells conveyancers to consider implications for section C.5. That cross-reference should be addressed against the current text of C.5 and the facts of the transaction.

    If a material issue remains unresolved, identify the relevant instruction and obtain any necessary clarification or decision before proceeding. A response confirming receipt of information should not be mistaken for approval.

    Our article Two Documents, One Transaction explains why published lending criteria, mortgage instructions and the offer need to be considered carefully together.

    What should the buyer be told?

    D.49 invites conveyancers to consider guidance from their professional body or regulator about information and advice for the home-buyer.

    Lender compliance and client advice are connected, but they are not identical tasks. The buyer needs an explanation of the relevant findings, unresolved issues and the limits of the advice being provided.

    Depending on the circumstances, that may include explaining the significance of the certificates, the remediation position and any need for specialist technical or financial advice.

    A lender’s willingness to proceed should not be presented as a guarantee that the building is free from defects or that the leaseholder will never face building-related expenditure.

    For existing owners whose sale or remortgage is now affected, When I Bought’s building safety and cladding guide considers why the documents and advice from the original purchase may be relevant. A difficulty arising now does not, by itself, establish that earlier advice was inadequate.

    BSA Mortgage Instructions will move to the UK Finance website

    The separate announcement states that the BSA Mortgage Instructions content will be hosted on the UK Finance Mortgage Lenders’ Handbook website by the end of 2026.

    Users of the BSA instructions will access them through that website. Existing users of the UK Finance Handbook will continue accessing its content through the same website.

    The announcement says that further details, including timings and any actions required, will follow. Until the changes take place, firms should continue using the existing BSA Mortgage Instructions.

    The hosting announcement should not be treated as evidence that the two sets of instructions have been merged or that every lender will adopt the same requirements. Continue identifying the instructions applicable to the particular mortgage.

    What should conveyancing firms do now?

    1. Check the applicable instructions: identify whether the lender uses the BSA framework.
    2. Review affected purchases: establish whether D.49 applies to the flat and building.
    3. Update enquiries: include the remediation and certification requests where required.
    4. Track the responses: distinguish documents received from unresolved enquiries and missing confirmation of submission.
    5. Review the whole instruction set: consider the lender’s Specific Requirements, C.5, the offer and case-specific instructions.
    6. Explain the findings: provide appropriate advice to the buyer and identify any need for specialist input.
    7. Monitor the website transition: update access arrangements and internal links once the implementation details are confirmed.

    Keep a dated record of the instructions considered

    When reviewing an earlier purchase, today’s wording does not establish what the conveyancer was instructed to do at the time. The relevant historical instructions, mortgage offer and correspondence need to be examined.

    For current matters, retain an appropriate dated record of the instructions reviewed and material lender communications. A change in website location should not leave the file without evidence of the requirements considered.

    Lexsure’s BSA Mortgage Instructions archive dates back to launch

    Lexsure states that it is the only company holding a complete archive of the BSA Mortgage Instructions since their launch on 1 January 2010. This historical record matters when investigating what a conveyancer was required to do on an earlier transaction.

    The addition of D.49 illustrates why dates matter. Today’s wording should not be applied retrospectively without checking the instructions in force at the relevant time. Equally, the absence of that particular provision from an earlier version would not, by itself, establish that no other legal or professional obligations applied.

    The planned move to the UK Finance website concerns access to the instructions. The separate historical question remains: what did the applicable instructions require when the transaction took place?

    For assistance with historical BSA mortgage instructions, contact the Lexsure Lender Archive. Consider the dated instructions alongside the mortgage offer, lender correspondence, conveyancing file and advice given.

    How does your firm identify changes to lender instructions?

    A new core provision and a change to an individual lender’s requirements can both affect how a conveyancing matter is handled. Firms need a process for identifying the change and considering its effect on live work.

    LENDERmonitor notifications help firms track changes to BSA lenders’ Specific Requirements. Explore the service and discuss how it can support your lender-instruction monitoring process.

    Explore LENDERmonitor notifications →

    This article considers the supplied D.49 wording and announcement about future website hosting. Always check the complete current instructions, the lender’s Specific Requirements and any case-specific directions.