Appointing your conveyancing solicitor at the earliest opportunity can pay dividends as time will be provided to create a relationship and receive advice. More importantly you can discuss how their fees might be reduced by you assisting in the acquisition and completion of various documents.
Some solicitors may not be amenable to this request, but persist and you will eventually find one who is prepared to be helpful rather than obstructive. Search for firms who have dedicated specialists in conveyancing and assess them on the quality of service offered rather than on price alone.
Also ask about a ‘no move no fee’ or a ‘fixed fee conveyancing’ charge structure as this will prevent you paying if the sale falls through, or at worst you will avoid any additional charges being levied if it develops into a more complicated sale than first thought.
Completing The Documents
Whilst currently there is no compulsion to provide the information suggested by the proposed Home Information Pack, this will change if implemented as planned on 1st January
2007. Some estate agents are already adopting the proposals, so they can become competent in dealing with them and to ensure the necessary procedures are in place well ahead of the introduction date. You may wish to read more about the Government’s proposals contained in the 2003 Housing Bill or examine the original consultation paper,
The Key to Easier Home Buying and Selling. Both are available on the Internet at
www.odpm.gov.uk.
Why Complete The Documents Now?
Once legislation is introduced in England and Wales the documents required for the Home Information Pack will have to be made available before you advertise your property for sale. The idea is that this will speed up the legal process and offer potential buyers much more information at an earlier stage. As most of these documents will be needed regardless of legislation being introduced, it is useful to prepare them now in the event of an early sale. This will also enable you to concentrate on finding a buyer.
Copies Of Title Documents
Known as the copy title deeds (termed ‘official copies’) or copies of unregistered documents of title. Most land in
England and Wales is registered by the Land Registry which is organised into 24 district registries, all of which are open to the public, though the inspection of documents is subject to a fee. You need to ascertain whether your property is registered. To do so:
- Contact the individual, company or institution that holds your deeds. This is likely to be either your solicitor or mortgage lender. Ask them whether a Land Certificate or Charge Certificate document exists. If it does then you can be assured your property is registered.
- Members of the public can now undertake Land Registry searches, obtain office copies and title plans online at www.landregisteronline.gov.uk. Registry details are £2 and title plans cost a further £2. If the search is unsuccessful, the property is likely to be unregistered. Leasehold titles can also be registered and this online facility can be used to check them in the same way.
Properties are being added to the register constantly and it may be that your property has not yet been registered. This is more likely if your home is over 20 years old and is in a rural area. In the event that you cannot obtain the appropriate documents or find that it is not registered or you know it to be leasehold, consult your solicitor who will be able to offer further advice and assistance.
The Property Information Form
This standard form asks you to answer a variety of questions and is usually presented by the buyer’s solicitor. Completing
it at this stage will save time later on and at worst all you will need to do is transfer your answers onto a different form. A sample Property Information Form is included in the appendix at the back of this book. My thanks to Sykes Anderson Solicitors (020 7702 1914) of London for supplying this document. Questions relate to:
- Any ongoing disputes that may exist with your neighbours or any neighbouring property.
- The maintenance and responsibility of any boundary wall or fence.
- Confirmation that there is gas, electricity, water, drainage, telephone and/or cable television connected to the property and whether any run under or over a neighbouring property.
- Your liability (if any) to contribute towards any shared facilities such as pipes and drains or access routes jointly used with other people.
- Any building work you have had done or have undertaken yourself during your period of ownership and whether planning consent or building regulation approval was obtained.
- Any change in use of the building including any conversion into more than a single dwelling.
- Any guarantees associated with the property, including the NHBC certificate if appropriate.
- Current occupiers of the property, including children over the age of 16, lodgers, tenants, colleagues and guests.
Any tenant occupying your property will have statutory legal rights that may prevent you from terminating the tenancy and evicting them. Before embarking on the sale of your home you should verify that you will be able to provide the buyer with vacant possession upon completion.
If you currently do have a tenant, or any paying guest or lodger, consult your solicitor for advice before proceeding. Under no circumstances seek to harass your tenant or illegally evict them as there can be very severe penalties, including fines of several thousands of pounds.