Conveyancing Solicitors in Cambridge

There are very limited circumstances when the same firm of solicitors can act for both the buyer and the seller, or the landlord and the tenant. The Solicitors Regulation Authority Code of Conduct 2011 (SRACC 2011) sets out a number of strict rules in connection with the proper handling of conflicts of interests between clients. A firm must never act where there is a potential conflict or a significant risk of conflict. This is to ensure that the solicitor only acts in your best interest. Tees has a dedicated compliance team who regularly assess the potential conflict of interest in matters on which we are instructed. 

The Solicitors Regulation Authority Code of Conduct 2011 (SRACC 2011) suggests that a firm should only act for both the lender and the borrower in the following circumstances:

·         if the mortgage is on standard terms

·         it is able to act in the client’s best interests

·         the certificate of title required by the lender is in the form approved by the Law Society and UK Finance.

It is essential that there are no potential conflicts of interest. 

If your property has been registered at the Land Registry, a record of ownership is filed digitally online and this can be downloaded. If they are available, it is always helpful to have the deeds as they may contain useful information that may not have been registered. However, if the property is unregistered a solicitor will always need to see the physical title deeds to establish proof of ownership.

Stamp Duty Land Tax (SDLT) is a form of tax which you may be required to pay if you buy, or in some circumstances rent, a property or land in England or Northern Ireland. The amount due (if any) will depend on the purchase price. If you are renting, the amount due will depend on the length of the term, level of rental and whether or not VAT is charged on the rent. If SDLT is payable on the transaction, you will be asked to complete a SDLT return. This will need to be submitted to HMRC, together with the amount payable within 14 days of completion, otherwise you will be liable to pay a penalty fee.  Your solicitor will be able to file the return on your behalf.

An Energy Performance Certificate (EPC) is required by law when a property is built, is being sold or rented out. There is a duty to commission an EPC before the property is put on the market. It shows information about the energy efficiency of a property, including the property’s energy use and typical energy cost. The certificate also provides an energy efficiency rating from A (most efficient) to G (least efficient) and is valid for a period of up to 10 years. If a commercial property is let, a landlord is required by law to have a minimum EPC rating of “E” and may need to make improvements to the property until this has been achieved. 

There are certain types of property which are exempt from needing an EPC. These include those which do not have a roof or do not have walls, those which use no energy to condition the indoor climate, religious properties and buildings earmarked for demolition.

Having a property surveyed before buying or renting is highly advisable. It can give you a good idea of the condition of the property and highlight problems which you may otherwise not know about. Commercial tenants should be particularly wary when entering into a lease. This is because the lease may contain repairing obligations that require a tenant to give a property back to the landlord fully in repair. This may be the case even if the tenant was not responsible for any damage, or the property was not in a good state of repair at the start of the tenancy. Your solicitor will advise that you try to limit these obligations. 

There are many risks that come with buying a property at auction. If the property seems like a bargain, there is probably good reason for it. It is strongly recommended you ask a solicitor to check through the legal pack in the weeks leading up to the auction date, as well as getting a survey done in case of structural or other issues.  You should be conscious of the fact that on the ‘fall of the hammer’, exchange of contracts takes place, which is a legally binding contract between the buyer and the seller. This is often misunderstood. You will be committed to proceed with the purchase in accordance with the terms of the contract, if your bid is successful.