Residential Property

Our residential property team has many years of experience in delivering high-quality work in all matters relating to residential property in England and Wales. The firm is on the panels of most major lending institutions. We will always provide clear information on anticipated timescales and costs and carefully manage both aspects. Below are some of the areas that our team can advise on.

Sophie Jones

Sophie Jones

Partner
Residential Property

“We take a huge amount of pride in helping our clients through what can be a deeply stressful time – the house move. We make sure that we are readily available to our clients in order to deal with their queries and support them through the transaction.”

We are able to assist our clients with the sale and purchase of properties throughout England and Wales. Our friendly and professional team will strive to make sure that your transaction will be as smooth as possible. You will have a dedicated person to deal with your file which makes communication and obtaining updates easier for you.

When acting on your behalf in a purchase we will review the contract and other documentation supplied by the seller’s solicitor together with the search results before reporting to you and advising you on any issues arising. This is so that you are in the best possible position to decide whether or not to proceed before committing yourself to an exchange of contracts.

When acting on your behalf in a sale we will prepare the contract documentation for the buyer’s solicitor to consider and will deal with any enquiries that they raise. This is with a view to you being able to exchange contracts as soon as possible after the sale is agreed.

Purchasing a buy to let property comes with its own set of challenges including specialist buy to let mortgages, the drafting of tenancy agreements, understanding of the regulations and obligations of landlords, and possible issues with tenants. We can advise on all aspects of buy to let residential properties including before a property purchase and during a tenancy if problems arise with tenants.

Before selling or buying a property at auction it is crucial to be well prepared. If you are planning to enter a property into auction, you will need an experienced solicitor to swiftly create the legal pack and handle the conveyancing of the sale after the auction through to completion. If you are planning to purchase a property, we can assimilate the pack prepared by the vendor’s solicitor and alert you to any potential issues. Our experienced solicitors can provide you with expert advice pre- or post-auction whether you are a buyer or seller.

In some circumstances, tenants on long leases have the right to club together to purchase the freehold of their building. There is a prescribed legal process that must be followed, including giving the correct notice to the current freeholder, and any intermediate landlords, and observing strict time limits. This area of law is complex and requires careful analysis of the facts and advice should be taken at an early stage. Our solicitors act for both landlords and tenants and can advise you throughout the entire enfranchisement process, endeavouring to make it as simple and smooth as possible.

A lease extension is the process of adding years onto the lease and extending the time the tenant has before the property goes back into the ownership of the landlord. Lease extensions can either be through direct negotiation between the tenant and landlord or by commencing a statutory claim under the Leasehold Reform, Housing and Urban Development Act 1993. In either case, legal advice should be taken from an experienced solicitor. If you are a landlord or a tenant our experienced team can advise and negotiate on your behalf.

In some circumstances tenants with long leases can join together to take over the management of their building using the Right to Management legislation. Our team can advise and guide you through this process.

A licence is a personal permission for someone to occupy accommodation, and often arises when there is no intention to enter into a legal relationship of landlord and tenant or there is no right to exclusive occupation. They are often drawn up between friends or family. Our team can draft and advise on such agreements.

If a property is rented to an individual for residential purposes, then the most common form of rental agreement between landlord and tenant is an Assured Shorthold Tenancy. Both landlords and tenants have a duty to meet the terms set out in Assured Shorthold Tenancy, so it is advisable to have one drafted and reviewed by a solicitor to ensure all the terms are appropriate for the circumstances and understood correctly. Disputes often arise at the end of a tenancy for example when landlords have concerns over the state and condition of the property and landlords and tenants should always seek advice in relation to termination arrangements in Assured Shorthold Tenancies to ensure that proper procedures are followed.

Landlord and tenant disputes can occur over a number of different issues including rent reviews, lease renewals, lease extensions, service charges, possession claims, dilapidations, and rent arrears. As a landlord, you may feel that your property and your livelihood is at risk. As a tenant, you might feel that your home or business is under threat or is not up to standard. Our experienced property dispute solicitors can provide sensible and pragmatic advice, assist with negotiation or mediation, and support you through a claim or defence in the High Court, County Court or the First-tier Tribunal (Property Chamber).

If you are remortgaging your property or taking out a loan against it, we are happy to act for you and your new lender in connection with the remortgage making the process as quick and as smooth as can be.

In most leases, a landlord will restrict the alterations to a property that a tenant can undertake without first gaining the landlord’s consent. From a tenant’s point of view, it is important to establish whether or not a Licence to Alter is required prior to the commencement of the works so that they are not in breach of the terms of their lease. We can advise on the terms of their lease and explain what is required in order to obtain the landlord’s consent to the proposed works. If acting for a landlord we can prepare a Licence to Alter for the landlord to issue to the tenant, which will also be chargeable to the tenant, and advise on any legislative duties regarding consent.

A Licence to Assign or Sublet is an agreement between a landlord and a tenant where the tenant wants to assign (sell) the lease or sublet the property and the lease of the property requires the landlord’s consent before this can be done. Our property team can draft the licence for review and agreement by all parties.

If you are buying a period property our conveyancers can check the title documents to see if any restrictions or covenants affect it. It is not unusual to find historic restrictions about the use of a property, or additional buildings. If you plan to undertake works, or use the house in a way that it has not been used before – such as a bed and breakfast – scrutiny of these obligations is essential.

The Party Wall etc Act 1996 covers building on or at the boundary of two properties, work to an existing party wall or party structure, or excavation near to and below the foundation level of neighbouring buildings. If you or a neighbour are planning on carrying out major renovations that might affect a party wall or boundary it is advisable to seek specialist advice so you understand the rights and obligations under the Party Wall Act. If a party wall dispute arises, we can advise you on how to protect your own interests and your property.

Many boundary disputes are caused by one neighbour’s incursion onto another property – ether unknowingly or deliberately to gain a right over a piece of land – and are often triggered by the replacement of a wall, fence or hedge. Resolving disputes over easements or boundaries usually requires evidence on how boundaries are identified and recorded historically, if rights of way have been established, reviews of Title Deeds, and report preparation if the case needs to go to Court. If a dispute occurs with a neighbouring property owner, we can advise you to try and get the matter resolved quickly, cost-effectively and successfully before it escalates.