Residential Property

Residential Property

Residential property is at the heart of our practice.  Our conveyancers are dedicated to helping people in Cornwall and beyond buy and sell their properties in a timely, cost-effective way while providing quality legal advice to protect their interests.

 

Your home is likely to be the biggest purchase you ever make.  Although it is tempting to skimp on legal fees, especially when all the other costs involved are taken into consideration, investing in expert legal advice can save you thousands in the long-run should a cut-price conveyancer miss an important flaw in your title or other report.

 

At Nalders Solicitors, you can be assured of the following when instructing us to buy or sell your home:

 

  • Free initial consultation at our offices or on-site
  • A fixed fee for our conveyancing services
  • Direct contact with our experienced conveyancing team who will manage your transaction from start to finish
  • Regular updates on the progress of your transaction
  • Prompt responses to any requests from you
  • Clear, concise and easy to understand advice on the legal process
  • Clear, defined policies to protect you from cyber-fraud whilst monies are being transferred

 

By instructing us to manage your residential property matters, you can be confident that you have professionals to turn to should you require legal advice on:

 

  • Buying and selling a home
  • First time buyers
  • New build properties
  • Transfer of equity
  • Remortgages
  • Buy to lets

 

No-Transaction, No-Fee

At Nalders Solicitors we believe that we are unique within the County in offering a ‘no-transaction, no-fee’ arrangement whereby should your transaction concerning your main residential dwelling fail to proceed to exchange, you will not have to pay our fees for that failed transaction and you will only be responsible for your own expenses namely the monies we pay out to third parties on your behalf.*

 

To find out more about how we can advise you on residential property matters, please fill in our contact form or visit our Contact Page to find the Nalders office which is most convenient to you.

 

 *Terms and Conditions will apply

 

Buying and Selling a Home

Buying and selling residential property has been a core part of our work for over 225 years.  Because of our history, we understand the housing market in the West Country and can provide buyers and sellers with a high-quality conveyancing service, ensuring no ‘surprises’ turn up in the property in the future.

 

If the sale falls through, you don’t pay

We believe we are the only law firm in Cornwall that offers a ‘no transaction, no fee’ deal.  If the sale or purchase of your main residential dwelling does not go ahead for some reason, we will not bill you for our time*.

 

Why invest in a conveyancing solicitor?

We know that purchasers and vendors have a choice of a wide variety of low-cost conveyancing law providers.  But given that your home is the most expensive purchase you will ever make, it is worth instructing an experienced conveyancer to manage the legal aspect of the sale and purchase for you.

Our conveyancing law team will ensure:

  • You meet with our conveyancing team and have direct dial and email contact with them
  • All aspects of the property and title are thoroughly checked
  • The sale and purchase agreement is meticulously drafted and negotiated
  • Adequate procedures are in place to protect your funds from online conveyancing fraud

Nalders Solicitors holds a Lexcel accreditation and Conveyancing Quality accreditation from the Law Society of England and Wales.

 

Here to help

We have offices in eight convenient locations around Cornwall; two in Truro, St Austell, Falmouth, Newquay, Camborne, Helston and Penzance.  Not only do we have a deep knowledge of the local area, our conveyancing team have long-term relationships with surveyors, developers and lenders, all of whom we can recommend to you if required.

Our residential conveyancing team has a strong reputation for providing excellent service at good value for money.  By engaging us, you can trust that the purchase and/or sale of your home goes through smoothly.

*Disbursements and expenses incurred will be charged to the client

To find out more about how we can advise on buying and selling residential property, please fill in our contact form, or visit our Contact Page to find the Nalders office which is most convenient to you.

New Builds

At Nalders Solicitors, our residential property team will assist you with all legal matters related to purchasing new build homes.

 

Specific legal checks applicable to a new build property

 

Purchasing a brand-new home is exciting, especially if you have had some say in the design of the property.  Let us ensure your new build does not turn from a dream into a nightmare by ensuring the correct conveyancing law checks are made from the outset. There are a number of checks an experienced conveyancer knows must be made on a new build property.  Failure to do so could result in costly disputes between the buyer and developer or worse, the home to drop in value.

 

Examples of these checks include:

 

  • Planning permission was granted to the developer and any conditions attached have been followed
  • Any easements and rights of way applicable to the property have been documented on the title
  • The property is covered by the right type of insurance
  • The home has been constructed in accordance with the standard required by relevant Buildmark warranty, building control and environmental regulations
  • There are appropriate guarantees for the structure of the home and latent defects

These checks are in addition to the normal checks a conveyancer will make on behalf of a purchaser.

 

Why choose us?

 

We have offices in eight convenient locations around Cornwall; Truro (where we have two offices), St Austell, Falmouth, Newquay, Camborne, Helston and Penzance.  Not only do we have extensive knowledge of the local area, we hold both Lexcel accreditation and Conveyancing Quality accreditation from the Law Society of England and Wales.

 

Our conveyancing team takes the long-term interests of new build home buyers seriously.  We have clear strategies in place to ensure your best interests are protected and any potential problems with the structure or title of the property are spotted immediately and rectified before you commit to your purchase.

 

To find out more about how we can advise on buying a new build property, please fill in our contact form, or visit our Contact Page to find the Nalders office which is most convenient to you alternatively please email newbuild@nalders.co.uk.

Remortgages

If you wish to remortgage, our conveyancing law team can advise you on the legal implications of your decision and work with lenders to ensure the process goes through quickly and correctly.

 

Why remortgage?

 

People choose to remortgage for several reasons, the most common being the to secure a lower rate of interest once their existing mortgage term expires.  Banks are now required by law to scrutinise the finances of new applicants closely, therefore the application process takes longer than it did several years ago.

 

We will advise you on all aspects of the remortgaging process from when we are instructed through to completion and post-completion formalities.

 

We have offices in eight convenient locations around Cornwall; two in Truro, St Austell, Falmouth, Newquay, Camborne, Helston and Penzance.  Not only do we have a deep knowledge of the local area, we hold both a Lexcel accreditation and Conveyancing Quality accreditation from the Law Society of England and Wales.

 

To find out more about how we can advise on remortgages, please fill in our contact form, or visit our Contact Page to find the Nalders office which is most convenient to you.

First Time Buyers

Let us help you celebrate buying your first home.  Our conveyancing team understands what an exciting time this is for you.  We will ensure that your first-home purchase runs smoothly, explaining the process to you every step of the way and giving you the confidence that the right checks have been made on the title, property and mortgage.

 

No transaction, no fee

 

We know how much you may have your heart set on a particular property; however, sometimes, for a variety of reasons, transactions fall through.  If this happens, we will not charge you any fees.  This gives you the assurance that when you instruct us, you will only pay legal fees for a transaction that is successful*.  For first-home buyers, who are often on a tight budget, this provides an extra level of security.

 

Why choose us?

 

We are one of Cornwall’s largest law firms and have been providing legal advice to individuals, families and businesses for over 225 years.  When you instruct us, you will benefit from:

 

  • the reassurance of having your interest protected by one of Cornwall’s largest law firms.
  • A conveyancing team that is partner-led, who offer a wealth of experience and local knowledge.
  • you will be kept up to date throughout the transaction by email, telephone, in writing and if required, in person.
  • we are a progressive law firm and in accordance with your instruction, we will aim to complete your transaction as quickly as possible.

 

With you for life

 

For many people, the first time they see a solicitor is upon the purchase of their first home.  We strive to develop long-term relationships with our clients; many of them have used our services for generations.  From creating a Will to helping you launch a family business to investing in buy-to-let properties, our solicitors can assist you from the cradle to the grave.

 

*Disbursements and expenses incurred will be charged to the client

 

To find out more about how we can advise on buying your first home, please fill in our contact form, or visit our Contact Page to find the Nalders office which is most convenient to you.

Transfer of Equity

If you require legal advice on transferring all or part of the equity in your home, our conveyancing law team can manage the process for you quickly and cost-effectively.  We hold both a Lexcel accreditation and Conveyancing Quality accreditation, providing clients with the confidence that our conveyancing law work meets the high standards set by the Law Society of England and Wales.

 

What is a transfer of equity?

 

A person may wish to transfer all or part of the equity in their home for the following reasons:

 

  • They wish to put their spouse or cohabiting partner’s name on the title
  • They are getting divorced and one party is buying the other’s share of the property
  • For tax-planning purposes

Whatever your reason, we will provide you with practical advice and make the process simple and quick.

 

Factors to consider when transferring equity

 

If there is a mortgage on the property, the lender’s permission will need to be sought before the transfer of equity can take place.  We will ensure the person to whom the equity is being transferred also has their name added to the mortgage document.

 

If the property is leasehold, if required under the lease, we will need to obtain consent from the landlord or their agent to the transfer of equity.

 

You may also need to pay stamp duty on the transaction in some circumstances.

 

With offices in eight convenient locations throughout Cornwall, our local solicitors will ensure your transfer of equity is handled with care, diligence and speed.

 

To find out more about how we can advise on transferring the equity in your property, please fill in our contact form, or visit our Contact Page to find the Nalders office which is most convenient to you.

Residential Landlord and Tenant Advice

Nalders has a strong track record of acting in commercial and residential landlord and tenant disputes and are frequently instructed by landlords and landlord’s agents to assist with getting things right. With the law becoming more and more detailed in relation to residential tenancies, and with more and more people taking on buy-to-let properties as an investment, we offer the following basic guidance and services to help them get it right.

 

The landlord’s obligations at the start of a tenancy

 

Preparing an agreement:

 

The key terms of the tenancy should be put in writing, in particular, the rent, description of the property and length of term. Most tenancies are for a fixed term of 6 months, and we would not usually recommend a fixed term tenancy of longer than 1 year. There is no need to prepare a new agreement when the original term ends, unless both the landlord and tenant want the security and certainty of another fixed term.

 

Deposit

 

If a landlord takes a deposit, that deposit must be protected in a statutory scheme. This can easily be dealt with online. Once the deposit is protected, the landlord must give the tenant the information provided by the protection agency within 30 days. Failure to comply will allow a tenant to claim damages of up to 3 times the amount of the deposit, and will impose severe restrictions on a landlord’s attempts to recover possession later. If a landlord wishes at the end of a tenancy to make deductions from the deposit, they will need to prove they are entitled to do so. An agreed inventory and photographic schedule should be prepared. Further information can be obtained at
https://www.gov.uk/tenancy-deposit-protection/overview.

 

Other Obligations

 

A landlord must provide the tenant with a copy of the government guide ‘How to Rent’, available from https://www.gov.uk/government/publications/how-to-rent.

 

They must also provide:

 

  • A working smoke alarm on each floor
  • A CO detector in any room where there is a solid fuel appliance
  • A gas safety certificate
  • An Energy Performance Certificate

Failure to do so will restrict a landlord’s ability to recover possession at the end of the tenancy.

 

Right to Rent

 

From February 2016, before premises can be let to any tenant, a landlord has to verify that the tenant has the right to be in the country by checking and taking copies of certain forms of ID. Failing to do so exposes the landlord to the risk of a fine of up to £3,000. Detailed information about the scheme and its requirements, which are mandatory, are online, and we created a shortened link to it at http://bit.do/right-to-rent. Obviously, a landlord must not act so as to discriminate racially.

 

During and at the end of a tenancy

 

Repair

 

Whether a tenancy agreement says so explicitly or not, a residential landlord of a property let for less than 7 years is responsible for certain essential repairs. These include the structure, drains, water, gas, and electricity supply, sanitation facilities, heating and water. Failure to do so leaves a landlord liable for damages for disrepair and, separately, the potential for enforcement action by the Local Authority if the property is in a dangerous condition. It is now not possible to obtain possession in most cases where there is an outstanding investigation about the condition of property being dealt with by a local authority.

 

Inspections and Quiet Enjoyment

 

Tenants commonly complain of harassment. Although it is reasonable to carry out periodic inspections to ensure that a property isn’t damaged, landlords often forget that the granting of the tenancy gives the tenant the right to use the property as their home, without interference from others, including the landlord.

 

Seeking possession: s21

 

The normal way to seek is by serving a s21 Notice, which gives the tenant 2 months’ notice, following which accelerated possession proceedings can be brought in the County Court. No reason needs to be given and the process is relatively efficient and cheap. The tenancy continues however until those Court proceedings are concluded in the landlord’s favour. Where the obligations referred to on the previous page are not complied with, a landlord is not able to proceed in this way.

 

Seeking possession: s8

 

The other ways of seeking possession require proving that grounds for possession exist, often rent arrears. Seeking possession on this basis is usually to be avoided if it is possible to use the s21 route. We recommend taking legal advice in relation to your options before committing to seeking possession on other grounds.

 

Our Fixed Fee Packages

 

We understand that for something that ought to be simple, our clients don’t want to pay by the hour for something we’ve drafted thousands of times before. But there are pitfalls for landlords and we think we can offer value. Which is why we offer the following standard rates, unless we have to do something out of the ordinary:

 

  • Drafting a basic Assured Shorthold Tenancy: £125 plus VAT
  • Preparing and serving a s21 Notice: £125 plus VAT
  • Preparing a s8 Notice where there are 2 months of rent arrears: £150 plus VAT

 

Those things are our most common instructions. If more is needed, such as possession proceedings following the expiry of a notice, we will try to agree a fee in advance with you before taking any action.

 

If you require any of these services, please complete our enquiry box on the right explaining what you need, and we will be in touch.

 

For any questions about the services we offer landlords, please fill in the contact form or visit our Contact Page to find the Nalders office which is most convenient to you.

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Truro | Farley House

Tel: 01872 241414, Fax: (01872) 242424

St Austell

Tel: 01726 879333, Fax: (01726) 67401
Falmouth
Tel: 01326 313441, Fax: (01326) 315971
Newquay
Tel: 01637 871414, Fax: (01637) 879414

Truro | Lemon Street

Tel: 01872 241414, Fax: (01872) 271019
Camborne
Tel: 01209 714278, Fax: (01209) 710437
Helston
Tel: 01326 574001, Fax: (01326) 564547
Penzance
Tel: 01736 364014, Fax: (01736) 364054

Nalders Solicitors is a trading name of Nalders LLP and is a Limited Liability Partnership registered in England and Wales (LLP No. OC354499). We use the term partner to refer to a member of Nalders LLP. A list of the members may be inspected at our registered office: Farley House, Falmouth Road, Truro, Cornwall. TR1 2HX. Nalders LLP is authorised and regulated by the Solicitors Regulation Authority No. 538003. Resolution Accredited Specialist. We will not accept service by electronic mail. VAT Registration No. 131 8555 74