Initial Consultation and Planning

The journey begins with an initial consultation where we understand the landlord’s objectives. Are they looking to expand their portfolio, invest in a specific type of property, or target a particular demographic? Understanding these goals allows us to tailor our services accordingly, ensuring that the legal advice and support we provide are relevant and effective.

Due Diligence and Property Searches

One of the critical aspects of buying property is conducting thorough due diligence. We perform property searches to uncover any potential issues such as:

• Title Issues: Ensuring that the seller has a clear and marketable title to the property.
• Planning and Building Regulations: Verifying that the property complies with local planning and building regulations.
• Environmental Searches: Checking for any environmental risks such as flood zones or contamination.
• Local Authority Searches: Looking into any potential issues with the local council, such as upcoming developments or road schemes that could affect the property.

Contract Review and Negotiation

The next step involves reviewing the draft contract provided by the seller’s solicitor. We consider the terms to ensure they are fair and favourable to our client. We then negotiate any necessary changes with the seller’s solicitor to protect our client’s interests.

Financing and Mortgages

If the landlord is financing the purchase through a mortgage, we act for both the landlord (our client) and the lender and must balance the interest of both parties. The Law Society’s guidelines and the UK Finance Mortgage Lenders’ Handbook sets out specific requirements for solicitors in these situations.

Exchange and Completion

Once all checks are satisfactory, and both parties agree to the contract terms, we proceed to the exchange of contracts. At this point, the purchase becomes legally binding. We ensure that all documents are correctly signed and witnessed.

On the completion date, we handle the transfer of funds and ensure that the title deeds are correctly registered in the landlord’s name with the Land Registry. We also make sure that any outstanding mortgages or charges on the property are discharged.

Post-Completion Support

Our support doesn’t end at completion. We provide ongoing assistance with any post-completion issues that may arise. We also provide landlord and tenant advice via our property litigation team.

Conclusion

Helping landlords buy properties requires a meticulous approach to legal due diligence, contract negotiation, and regulatory compliance. As residential real estate solicitors, our goal is to provide comprehensive support that ensures a smooth transaction and protects the landlord’s investment. With our expertise, landlords can confidently navigate the complexities of property acquisition and focus on growing their portfolios.

 

To find out more, contact Shen Hussein here.

The Building Safety Act 2022 delivered changes to ensure residential buildings are constructed more safely and continue to be maintained.  The Act also provides protective measures by ensuring that leaseholders are not automatically made to pay for historical safety defects meaning freeholders will not legally be able to charge leaseholders for any costs in circumstances where a building requires cladding to be removed or remediated.  These are buildings over five storeys or eleven metres tall.  Aside from cladding, there will be protection from costs associated with other defects such as emergency measures (waking watches).

From 1 October 2023, all new higher-risk buildings will be required to be registered with the Building Safety Regulator once a completion certificate has been issued. Until registration takes place, the properties cannot be occupied. Higher-risk buildings in England are classified as buildings that have at least two residential units and are either a height of least 18m in height or seven storeys.  Failure to register is an offence and can lead to a fine, imprisonment or both.

The regulations are a welcome guidance in the construction and property sectors and increase the severity of failing to comply with the core requirements.

To find out more or see if this affects you, contact Asha Ngai.