UK Commercial and Residential Property

Stuart Smalley & Co LLC has a property team advising a wide range of clients on all aspects of property transactions in the UK.

Residential

See below for services provided and estimate of costs.

Our residential property solicitors advise on all aspects of residential property including:

  • sale and purchase;
  • mortgage and re-mortgage advice;
  • co-habitation agreements;
  • matrimonial property transactions;
  • planning applications;
  • short term and long term leases;
  • all aspects of landlord and tenant.

Commercial

Our commercial property solicitors regularly advise local authorities, banks, UK listed companies, property developers and entrepreneurs on all aspects of commercial property transactions, in relation to development of prestige office buildings, retail and residential portfolios and leisure facilities. Our commercial services include:

  • planning and development;
  • financing;
  • construction;
  • litigation;
  • retail and change of use;
  • warehouse and distribution units
  • all aspects of landlord and tenant.

Our team of property solicitors will be happy to discuss your individual requirements.

Residential  Conveyancing

Residential  conveyancing includes providing the following services (inter alia) to our clients:-

On a Freehold Sale

  • Instructions
  • Statutory and regulatory required due diligence
  • Liaise with Estate agents on sale particulars
  • Obtain title deeds and documents
  • Draft sale contract
  • Respond to pre-contract enquiries
  • Liaise with client on replies to pre-contract enquiries, signature of contract and other documents
  • Liaise with mortgagee for redemption statements (where applicable)
  • Attending exchange of contract
  • Approving TR1
  • Dealing with requisitions on title
  • Attending completion and sending out documents to the purchaser’s conveyancer
  • Redemption of mortgage
  • Accoutring for the balance sale monies to client with completion statement
  • Discharging the estate Agents fees (on instruction)
  • Notification of Local authority and water authority of vacation of property.

On a Leasehold Sale

As above for a freehold sale of property with the following additional work:-

  • Review of additional title deeds (e.g. Lease and Deeds of Covenant) and pre-contract enquiries of the management company (if any)
  • Liaising with the management company or landlord on (inter alia) ground rents service charges, insurance and deeds of covenant.

On a Freehold Purchase

  • Obtain instruction and due diligence, correspondence with the client
  • Review the draft contract and title deeds     
  • Submit Local Authority and Water searches. Other searches may be required but will be dealt with individually
  • Raise pre-contact enquiries
  • Review finances deposit, mortgages and other finances.
  • Liaise with the client prior to exchange of contract, agreeing completion date
  • Attending to signature of contract and exchange
  • Drafting TR1, Stamp Duty Land Tax forms and Land Registry forms
  • Raising requisitions on title
  • Attending completion and transfer of funds
  • Receipt of title deeds and documents
  • Completion of SDLT forms and submission
  • Completion of Land registry forms and submission.
  • Accounting to client with completion statement and office copy entries of purchased property.

On a Leasehold Purchase or Grant

  • As for purchase of freehold but with additional enquires dealing with ground rent service charges and deeds of covenant and consents from and notices to the landlord (where applicable).
  • Our work is usually charged on a time spent basis with a standard freehold residential conveyance charged from £1,500 excluding VAT and disbursements and a standard leasehold property conveyance charged from £2,000 excluding VAT and disbursements.  VAT is charged at 20%.

Disbursements

  • Local Authority searches cost from £150.  Each Local Authority charges on its own basis and these can vary dependant on the property location, VAT is chargeable on these searches.
  • Water Searches usually cost about £100 but these also vary dependant on provider, plus VAT.
  • Environment Searches costs vary from £50 plus VAT depending on the Searcher.
  • Title deeds and searches from the Land Registry cost £3.00 each. No VAT is charged on these.
  • Land Charges searches cost £2.00 per name. No VAT is charged on these.
  • Stamp Duty Land Tax (“SDLT”)  is on a sliding scale and information and a calculator to provide an estimate is available on the HMRC website. SDLT is based on the purchase price. See https://www.gov.uk/stamp-duty-land-tax.
  • Land Registry registration fees are on a sliding scale and information is available on the Land Registry website based on the purchase price. See https://www.gov.uk/government/collections/fees-hm-land-registry-guides.
  • Bank charges for each electronic transfer of funds are £30.00 plus VAT.
  • For leasehold transactions there may be additional costs for notices to the Management Company.  These vary depending on the terms of the lease.

Information

Residential conveyancing will be carried out by a qualified Solicitor with at least 4 years’ post qualification experience and our work is charged on a time spent basis. If transactions are aborted prior to completion, fees will be charged for work undertaken on this basis. 

We refer you to our time charge-out rates information and terms of business. Stuart Smalley & Co LLC is offshore and mortgagees may require separate legal advice. 

Most conveyances take 8-12 weeks but may take more or less time depending on the requirements of the clients and agreement with other parties.

Our complaints procedure is set out in our terms of business.

Contacts