Category: Mortgages

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How to Stop Repossession of House: Sell Home to Avoid Repo

how to stop repossession of house

How to Stop Repossession of House: Sell Home to Avoid Repo

Looking at how to stop house repossession, how the repossession of your home can affect you as the home owner and how the process works.

Alexandra Ventress

Alexandra Ventress ★ Digital Content Writer

Table of Contents

Falling into mortgage arrears and having your property repossessed is a situation that no one wants to find themselves in. It can leave you wondering exactly what your housing options are, how you can amend the situation, and whether or not you can stop house repossession. 


In this blog post, we will be looking at how to stop the repossession of house, what the repossession process involves, and how we can help you sell fast and for free. 

 

Looking for a quick answer? Check out our quick navigation to the left! 

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How many missed mortgage payments before repossession UK?

If you miss a mortgage payment, there is no need to sell your home. It does not mean you will lose your home either. The majority of mortgage lenders will not begin the repossession process until you have missed at least three mortgage payments. 

 

This is referred to as being in mortgage arrears. As soon as you miss a mortgage payment, you are technically in mortgage arrears. However, your lender must abide by the pre-action requirements and typically will not repossess your home unless it is a last resort.

 

In order to begin repossession proceedings your lender must first: 

 

  • give you clear information about how much you owe on your mortgagee as well as the terms of your agreement
  • offer you alternative ways of paying your mortgage to avoid repossessing your property 
  • not take you to court if you are taking the reasonable advised steps to stick to your lending agreement 
  • give you debt advice 

What is the house repossession process? 

If you are wondering how to stop repossession of house, then you may first wish to get familiar with the legal process of repossession. Below we take a closer look at what the home repossession process involves: 

The first stage of the repossession process is your mortgage lender will be in touch with you to make a plan with you to pay off your arrears. If you are concerned about missing a payment then you can reach out to your lender for advice, you do not need to wait for them to call you. 

 

The majority of mortgage lenders will have signed the government’s mortgage charter which means that they have made an agreement not to evict people within a year of their first missed payment unless there are circumstances which can be classed as exceptional. 

If you and your lender cannot agree on a repayment plan, then your lender may start court action to repossess your home. In order to start the eviction process, they must be able to provide a list of all missed payments, the total level of arrears and the outstanding mortgage debt before they apply to court. 

The court will send you several letters and forms that must be kept together. It is a wise idea to purchase a file and keep any relevant documentation inside. Then you should check all documents carefully before completing and completing the defence form. 

The next step is that you will attend a repossession hearing. If you are not present for this hearing then you will damage your chances of keeping a hold of your home significantly. This is because if you do not show up to the hearing, you run the risk of the court making an outright possession order on your property and you could lose your home as a result. 

 

If you are unable to attend your hearing due to reasons beyond your control you should inform the court as soon as possible. 

At the hearing, the court will make a decision about the repossession of your home. There are two types of possession orders that the court can grant. These are: 

 

  • an outright possession order
  • a suspended possession order 

 

If the court grants an outright order then that means they have set a date for you to leave your home. This has the potential to be as soon as 4 weeks after the hearing. 

 

If the court grants you a suspended order then you will be allowed to stay in your home but on the terms set by the court. This will typically mean that you must pay back a set amount alongside your monthly mortgage payment. 

 

It may also be a case that the lender’s claim may be dismissed or adjourned at the hearing. 

In the event that the court makes a suspended repossession order and you break the terms of the agreement, or they grant an outright order and the date for possession has passed, they may ask the bailiffs to evict you. In order for this to happen, the lender must apply for an eviction warrant from the court, and they must send you a notice to inform you of this decision. 

If you are evicted from your property, then your mortgage lender will sell your house. After the sale has gone through, any secured creditors and our mortgage lender will get their money back. If there is any money left over from the sale you will receive it. If you owe more than the property ends up selling for, then you may have to pay the mortgage shortfall back. 

What happens when a repossessed house is sold?

If your lender is trying to repossess your some and has gotten to the stage where they have taken legal action and evicted you, then the next step will be to sell your home. After the sale is complete and your lender has sold your property, they will: 

 

  • Deduct any legal and estate agent’s fees
  • Take the money they are owed from the proceeds
  • Repay any other lenders in the event that your property has been used as security for a loan 
  • Send any money that is left over to you

 

If there is a mortgage shortfall, then you will have to pay the difference. A mortgage shortfall occurs when you owe more than you can get from selling the property. Your lender may take you to court to repay this shortfall. 

 

If you do not repay this debt and go on to purchase a new property, then your previous lender may apply to the courts for powers to force you to repay the original shortfall. 

Do all repossessed houses go to auction?

The most popular outlet for repossessed properties is often a property auction. This is because lenders will wish to recoup their losses as quickly and securely as possible, which a property auction allows them to do. Rather than selling on the open market, lenders tend to favour property auctions as the winning bid becomes legally binding when the gavel falls. This means any investors who purchase the property cannot pull out of the sale without facing serious financial repercussions. 

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How long does it take for a repossessed house to be sold?

Exactly how long it will take for your repossessed property to sell depends on the condition of your property, the location, the selling method and market conditions. Many lenders wish to be rid of repossessed properties quickly, so they can recoup their losses faster. Typically, repossessed houses can be sold and have the sale completed in a month if they are sold through a property auction. 

 

If they are sold through an estate agent, they can take slightly longer to sell, due to the different methods of sale involved.

How to avoid repossession

If you are looking at trying to avoid repossession house, there are steps that you can take. The best thing you can do if you have fallen into mortgage arrears or are worried about paying your mortgage is to contact your lender. Whilst it can be tempting to bury your head in the sand, you should always reach out to your mortgage provider.  It is within your lender’s best interest to keep you in your home and paying your mortgage, so by informing them of your situation as soon as possible, you will be able to resolve the issue faster. Your lender will be able to help to provide you with a new strategy for paying your mortgage, or they may suggest a mortgage holiday or paying your mortgage a few days late if you are suffering from temporary financial struggles. 

 

You should also look at seeking financial independent advice. There are plenty of housing charities which are there to offer free, impartial support to those who are struggling financially. Charities such as Shelter can help you with housing advice, but it is also worth getting in touch with Citizens Advice as well. 

Can I have my home repossessed voluntarily? 

It is possible to do what is called voluntary repossession. It involves handing back your keys to your lender if you cannot afford to pay back your mortgage arrears. However, if you hand back your keys and move out, you will not be able to live in your home. Furthermore, it can affect your: 

 

  • benefits
  • options if you need housing help 
  • credit rating

How quickly can i sell my house to avoid repossession?

In order to avoid repossession, you should look into selling your home as quickly as possible. This gives you the best chance to sell your property within the allotted time and to raise the funds necessary to pay off your mortgage. Exactly how quickly you can sell your house to avoid repo is down to the selling route you wish to explore. 

 

If you sell through a cash buyer, then you have the potential to sell in a timeline that suits you, meaning you could get your property sold in as little as 7 days, however, it is worth bearing in mind that you will not get the full market value of your property for this price. 

 

If you sell through a property auction, you can sell and complete within a month, but it is worth bearing in mind that once you sell you will be required to pay a commission to the auction house. 

 

If you sell through The Property Selling Company, we can help you sell your home fast and for free in as little as 28 days. 

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Can I sell my house before it gets repossessed?

Whilst a repossession order may seem final, there are still steps you can take to try and stop your order. You can always try and renegotiate with your lender in order to see if a new strategy can be reached.

 

If you feel as though you will be unable to pay off your debt, or that you will be unable to meet the ongoing repayment obligations then you may be able to request more time to sell the property so you may clear the debt. 

 

In order to stop the repossession of your home, you will be required to provide your lender with proof that a sale is in progress.  

 

If you are looking to stop repossession of your home and sell your house fast, there are typically three ways you can go about doing this. You can either sell through a quick house sale company, through a property auction, or on the open market. As with any selling option, there are pros and cons involved with these three selling routes. Below we take a closer look at how quickly you can sell your property using these options: 

Cash Buyer

Selling through a cash buyer is an avenue that some people looking to stop house repo may wish to explore. A cash buyer is a person or company who is able to purchase your property without the need for a loan or mortgage meaning they are able to purchase your property in a timescale that suits you. Some cash buyers have been known to complete in as little as 7 days, making it an avenue some sellers use to stop repossession. 

 

However, in return for this fast sale, you will not get full market value. And if you are reliant on the money from this house sale to help settle your debts are help you avoid a mortgage shortfall, then you will be unable to afford less than market value. Furthermore, not all sell house fast are as reputable as they appear. Some have been known to use underhanded tricks to pressure sellers, so it is always wise to ensure they are regulated by a board such as The Property Ombudsman or the National Association of Home Buyers. 

Property Auction

A property auction is another route that people facing repossession may wish to look into. This is because a property auction offers a secure way of selling your property as once the gavel falls all winning bids become legally binding. 

 

However, you should bear in mind that whilst all bids are legally binding, there is no guarantee of a sale. You may also find that there is a lot of waiting involved in the property selling process which if you are seeking a quick sale is not ideal. Furthermore, you will be required to pay a commission once your property has sold to cover the costs of marketing and selling your home. 

Sell through us

Selling a house to avoid repossession can be a tricky situation to deal with, but it doesn’t need to be. Here at The Property Selling Company, we pride ourselves on our philosophy that selling a house should be three things: fast, effortless, and free. 

 

We have made it our mission to shake up the way that you sell your home, which is why we offer a full online estate agency service but without the fees and hassle. Rather than forking out for expensive legal and estate agent fees, we cover them for you. It’s just one of the ways that we take the stress out of selling. 

 

Our dedicated team of property experts work alongside you through every step of the selling process and beyond and can help you sell and avoid repossession house in as little as 28 days. 

 

So, if you are ready to stop house repossession, then get in touch today and fill in one of our free, no-obligation valuation forms today! 

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Can I sell my house with mortgage arrears & what is it?

People organising Mortgage arrears

Can I sell my house with mortgage arrears & what is it?

Wondering if you ‘can sell your house with mortgage arrears’? Well you’re in the right place!

Tom Condon
Tom Condon ★ Digital Content Writer

Table of Contents

If you are wondering if you ‘can sell my house with mortgage arrears’, well the short answer is yes. Selling your house with mortgage arrears can be a complicated process, particularly when considering factors such as support for mortgage interest, the remaining mortgage term, and the need for debt advice.

In such a situation, it’s vital that you seek guidance from a reliable mortgage or debt advice service. In 2023, various support schemes exist to help homeowners reduce their monthly payments and manage missed payments effectively.

Exploring options to reduce financial strain and seeking debt advice can be instrumental in devising a feasible plan to pay back any arrears before proceeding with the sale.

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What is mortgage arrears?

Mortgage arrears refers to the situation where a borrower falls behind on their scheduled mortgage payments. This could be due to various hardships such as job loss, reduced income or unforeseen expenses. 

 

When a borrower falls into mortgage arrears, the mortgage lender might apply additional charges to cover the costs associated with managing the account during this period. If the arrears are not repaid within a specific timeframe, the homeowner is at risk of having their property repossessed by the lender.

How easy is it to fall into mortgage arrears?

Annually, there are a staggering number of approximately 80,000 mortgage homeowners in the United Kingdom grappling with the challenging reality of falling into arrears. 

 

Given the severity of the consequences, it’s vital to understand the potential ease with which mortgage arrears can occur. Sudden financial setbacks or unexpected life events can make it challenging for individuals to keep up with their mortgage obligations. 

 

Borrowers should be aware of the legal rights of mortgage lenders, which allow them to repossess the property within 90 to 180 days of the borrower falling into arrears.

Can mortgage arrears be written off?

While some borrowers may consider seeking complete debt forgiveness, mortgage lenders are generally reluctant to write off debts entirely. They are more inclined to accept a repayment plan that involves either a lump sum or regular instalments.

 

Communication with the mortgage lender is key and it is advisable to seek professional advice and guidance from debt counsellors to understand the available options and create a realistic plan for repayment.

Will my property be repossessed if I miss a mortgage repayment?

If you miss a mortgage repayment, you should not have to worry about repossessed property. Repossession should always be the last resort that your lender takes when it comes to dealing with mortgage arrears. 

 

The majority of lenders will not start the repossession process until you have missed at least 3 repayments. Even then, many will delay if you agree to a mortgage repayment plan.

How does the house repossession process occur?

You may be wondering how the process of repossessing property works. Below we take a quick look at a breakdown of the process and what you can expect if you are going through the house repossession process: 

 

  1. You will first go into arrears with your lender. This means you have missed a mortgage payment and are now behind on your loan. 
  2. If you continue to fall behind on your mortgage repayments, you will continue to be in arrears. At this point, your lender may take court action to try and resolve the matter. 
  3. A court hearing will take place where a judge will hear the reasons why your house should or should not be repossessed. 
  4. If you fail to show up for this hearing, then the judge will more than likely rule for outright repossession. If you attend the hearing, then the judge will hear your case and a decision will be reached. 
  5. Once the court has deliberated your case, they will potentially issue a possession order. It may be a suspended order, which means that an agreement will be made to make up these mortgage arrears. 
  6. If you breach this suspended order, then bailiffs will be sent to your home. 
  7. Once this has occurred, repossession will happen, and your lender will sell your property. 

What do you do if you are in mortgage arrears?

In the event of mortgage arrears, proactive measures should be taken to help resolve the situation as soon as possible. This could include:

Communicating promptly with the mortgage lender, as they may be willing to negotiate payment terms or alter the payment schedule. Most mortgage lenders will give you a grace period of 5 to fifteen days after your last mortgage payment was due if you are struggling.  

 

Even if you cannot meet the payment deadlines, you may be able to pay it late but still be charged a late fee. The late charging fee is usually between 5% and 10% of your monthly mortgage payment amount, which stacks up over time if you continue to miss payments.

Exploring insurance coverage, such as a mortgage payment protection insurance, can also provide relief in cases of unexpected income loss due to illness, injury or redundancy.

Reassessing your expenditure and adopting cost-cutting measures can help alleviate financial strain. This could involve evaluating and potentially eliminating non-essential expenses, renegotiating service contracts or seeking better deals for energy and food.

Can you reduce your monthly payments?

Yes, you can reduce your monthly mortgage payments, all you need to do is contact your current mortgage lender. They can refuse your offer for a lower interest rate, but this won’t harm your credit score. We would recommend that you seek the help of a mortgage advisor or broker who can offer more information tailored to your specific situation.

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Can you sell your house if the mortgage is in arrears?

For people considering selling their homes to settle mortgage arrears, it is strongly recommended to initiate this process before the property falls into the risk of repossession. 

 

Taking proactive steps to sell the property before it reaches the point of repossession can help prevent potential financial shortfalls and alleviate the burden of solicitor costs. 

 

By proactively managing the sale, homeowners can secure a more favourable sale price, and allow them to clear their outstanding mortgage balance and any associated arrears.

What happens if you sell a house with an outstanding mortgage?

When selling a property with an outstanding mortgage, there’s several options available depending on the terms and conditions of your mortgage agreement. These options may include paying off the remaining mortgage balance, porting the mortgage to a new property, or entirely remortgaging. 

 

Seeking guidance from a mortgage broker can provide clarity on the most suitable course of action based on circumstances. In cases where the proceeds from the property sale are insufficient to cover the remaining mortgage, it may be necessary to negotiate a short sale with the mortgage company to settle the debt.

Is selling your home to avoid house repossession a last resort?

If you are facing house repossession, then there are steps that you can take to try and stop the process. Selling your home should not be your first port of call, however, if you are going to do so, it is best to sell as soon as you can. 

 

Before you decide to sell your home to stop repossessed property, you should consider some of the following steps: 

 

  • Speak to your lender about your situation 
  • Seek out support from external sources such as Citizens Advice, Shelter, National Debtline or your local council 
  • Pay what you can for the overdue payments 
  • Turn to family and friends for support 
  • Apply for universal credit 

Can I have my property repossessed voluntarily?

You do have the option to have your property voluntarily possessed. This means handing back the keys to your lender and moving out. Once you have handed in your keys, you will still be responsible for mortgage interest, building insurance, and maintenance costs until it is sold. 

 

However, it is worth bearing in mind that if you decide to go down this route, it can affect your: 

 

  • Benefits 
  • Credit rating 
  • Options if you need housing help from your council

How can you avoid repossession of your home?

To prevent the distressing possibility of home repossession due to missed mortgage payments and mortgage arrears, there are several proactive measures that can be taken, including exploring the option of selling your property. 

 

Our dedicated service offers a streamlined house selling solution that ensures a swift sale process, with the flexibility of selling in as little as 28 days. By using our service, you can rest assured that we prioritise securing the highest possible price for your home, providing you with a reliable avenue to settle your mortgage arrears and regain financial stability.

 

One of the key advantages of our service is the coverage of all costs associated with the sale of a property. From solicitor fees to marketing expenses, we cover everything, enabling you to navigate the process without any additional financial strain.

 

Whether you prefer a traditional open market sale or a discrete off-market transaction, we accommodate your timeline and objectives, ensuring a tailored approach that aligns with your preferences and needs. 

 

Our commitment to providing a seamless and cost-free experience aims to alleviate the pressure of potential repossession, offering you a viable and stress-free solution to protect your financial well-being.

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What happens to a joint mortgage after separating?

Older couple sad because they have to deal with a Joint mortgage after separating

What happens to a joint mortgage after separating?

When a couple separates, the fate of a joint mortgage can become a significant concern. In the case of a joint mortgage after separating, there are a few potential scenarios.

Tom Condon
Tom Condon ★ Digital Content Writer

Table of Contents

What happens to a joint mortgage after separating?

The most straightforward option is for both parties to continue sharing the mortgage and making payments as agreed upon in their original mortgage agreement. However, this can be challenging if the separation is acrimonious, and communication breaks down.

 

In such cases, the most common option is to sell the property and split proceeds, using them to pay off the joint mortgage. Another alternative is for one person to buy out the other’s share of the property, effectively assuming the full responsibility for the mortgage.

 

Alternatively, if neither party can afford to buy out the other or continue with the mortgage, they may choose to request a mortgage modification or refinance to separate their financial obligations. 

How can I sell my joint owned house when I have just come out of a relationship?

Selling a jointly owned house after a relationship ends involves several steps. First, both parties need to agree on the sale and terms, including the asking price and how to split the profit. 

 

Once you’ve agreed, you can list the property for sale with an estate agent. After a buyer is found, the sale proceeds are used to pay off the existing mortgage, and any remaining funds are split according to your agreement.

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What should I do if I have a joint mortgage with an ex partner?

If you find yourself in the situation of having a joint mortgage with an ex-partner, it’s essential to take several steps to address this financial tie. Although it may seem difficult, keeping a clear open line of communication is crucial. 

 

You will need to have an honest conversation with your ex-partner about the joint mortgage and explore your potential options. 

 

If you have a joint mortgage after separating, you each have the right to live within the property, but also equally responsible for paying the mortgage repayments. 

 

Joint mortgages between two people mean they are financially tied, so if you fall into arrears or missed mortgage payments it will impact both parties’ credit file. This may impact your chance of getting a new mortgage or any other form of finance. 

 

We would recommend using a legal or financial advisor who can help you navigate the complexities of separating from a joint mortgage with an ex-partner, as this can involve legal obligations and financial implications that should be managed carefully to protect both parties’ interest.

What are your matrimonial rights?

When living together as a couple, your house is considered as a joint asset even if there is only one partner’s name on the title deeds. Which means that no one can legally be forced to leave the property while they’re still officially together. 

 

If a mortgage was taken out in one partner’s name before the two partners got married, the other partner will have less of a claim to the property unless there is a prenuptial agreement in place. 

 

If the property is only listed in the partner’s name then you should be able to obtain a Notice of Home Rights from the Land Registry to help prevent your property from being sold without your given permission.

Should you take your joint mortgage ex-partner to court?

Unfortunately, joint mortgage after separations can get very complex if neither partners are in agreement about what to do about the family home. The very act of going to court is extremely stressful and can be very expensive, which is why it is recommended that you resolve issues through mediation or informally. 

 

If you cannot resolve your joint mortgage after separating, you may have to allow the court to settle your mortgage dispute. If there are children involved in the case, then the courts will prioritise their wellbeing.

What joint mortgage options are available after a break-up?

There are plenty of options to consider with a joint mortgage after separating, which should hopefully end any disagreements you may have with your partner and allow you to move on:

When you have a joint mortgage after separating, the most common option is to sell the property, pay off the mortgage together and then split the profit. 

 

Unfortunately, some people may find themselves in negative equity which would have to be paid off between the two parties. And, if there are children in the picture, or one or both partners are unwilling to sell, then another solution will need to be sought.

If you are able to communicate effectively with your ex-partner, and you are reaching the end of your mortgage term, then you could continue making payments until the loan is paid off. Then, at the end you can split the profit.

A common solution for families on joint mortgage after separating is where one partner wants to live within the home and can afford the mortgage payments alone, then they can buy the other partner out of the mortgage. 

 

You could also move the mortgage into your name by contacting your mortgage lender and check they are happy for you to do so, who will ask for proof that you have a high enough salary to keep up with the mortgage repayments.

 

If you are looking to buy your ex-partner out, you can either do it informally or through a solicitor. You could evenly split the property, and calculate how much of the mortgage you have already repaid and divide it by two — which you would then give to your partner and their share of the deposit.

If you don’t meet the mortgage lenders affordability criteria but wish to take over the entire mortgage, then you can use a guarantor who signs a legal declaration saying that they will cover the repayments if you are unable to do so. 

 

The guarantor could be a family member, but they will need to pass the mortgage lenders affordability criteria.

If you want to move out of the property but still benefit from the sale of the home, then you could transfer part of its value to your ex-partner. 

 

The other partner would own the majority of the property but you would retain a stake so both partners would then receive a percentage of the profits.

You can take out a Mesher or Martin order if you live in England and Wales which can help resolve family home disputes in the event of divorce. 

 

Mesher Order

A Mesher Order or Order for Deferred Sale, is a family court order which allows a house sale to be postponed due to a separating couple who have children living within the property. One partner is able to stay within the property until a pre-decided family event happens, like the children go to university. 

 

Martin Order

A Martin Order is suitable for joint mortgage after separating where one partner wants to postpone the sale of the property so they can continue living in the home. 

 

If a Martin Order is agreed, then one partner can stay within the property for the rest of their life and the property cannot be sold unless the ex-partner dies, remarries or moves out.

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How do I remove my partner from a joint mortgage?

Even if you are not in a joint mortgage after separation and are just looking for financial freedom or need to think about your credit responsibility, there are two avenues that must be taken when removing an ex-partner from a joint mortgage; legal and mortgage work. 

 

As long as all parties agree to the legal process, it can be fairly straightforward as the solicitors will set up the legal charge with the mortgage lender and those named on the property ownership according to the HM Land Registry.

 

You will need to notify the mortgage advisor and solicitor that you want a transfer of equity and the solicitors will send out title transfer documents and normal remortgage pack for you to complete. 

 

Once all parties have agreed, it can take as little as a day before the application is approved. But, if one party does not agree, then there can be a very expensive legal battle which will result in the house being sold anyway. 

 

The mortgage process, on the other hand, starts by reviewing your current mortgage agreement and determining whether you should shop around looking at new mortgage terms or staying with your current deal. 

 

If you are not tied to a current mortgage deal, or if the mortgage repayment penalties are worthwhile, then you could switch to another mortgage lender and get a far cheaper rate elsewhere.

 

Even if you stay on the same mortgage deal, you will need to fill out a new application so the mortgage provider can assess whether you are creditworthy and can afford to make repayments. 

 

You will need to provide your current situation, current income, current credit history and then they will credit score you and ask for bank statements, proof of income and re-value the property. 

 

If your mortgage application is accepted then the solicitors will supply you with all the necessary paperwork and once all the documents have been signed, then they’ll let the mortgage lender know to complete. 

 

If your mortgage application is not accepted, then you should seek financial advice who will be able to provide you with tailored advice. 

Joint mortgage after separating: FAQs

Can one person come off of a joint mortgage?

Yes, one person can come off a joint mortgage, but it typically requires the cooperation of both parties and approval from the mortgage provider which can be difficult if you have a joint mortgage after separating. 

 

Once common way to do this is through a process known as mortgage release or transfer of equity, where the person who wants to be removed from the mortgage sells or transfers their share of the property to the other person, effectively relinquishing their financial responsibility.

Does it cost to remove someone from a mortgage?

Removing someone from a mortgage will involve costs, such as legal fees, valuation fees and potentially early repayment charges if the mortgage needs to be modified or refinanced. 

 

The specific costs will vary depending on your mortgage lender, the terms of your mortgage agreement and the complexity of the process.

Can I remove my name from a joint mortgage UK?

Whether you’re in a joint mortgage after separating, looking for financial independence or need the funds to purchase a new home, you will be able to remove your name from a joint mortgage. 

 

In the UK, you can remove your name from a joint mortgage through a process called transfer of equity which involves selling your share of the property to the other owner or having them refinance the mortgage in their name alone. 

 

It’s essential to work with a solicitor to handle the legal aspects and ensure that all the necessary steps are taken to protect your interests.

How do you split up when you own a house together?

When you own a house together and want to split up, there are several options to consider. 

 

You can either sell the property and divide the proceeds, buy out your partner’s share of the property if financially feasible, or come to a mutual agreement about how to handle the property and mortgage — legal advice and a clear separation agreement can help navigate this process.

I’m in a joint mortgage, can I be forced to sell?

In some cases, if you are in a joint mortgage but split up and cannot come to an agreement with your ex-partner on how to handle the property a legal process called a partition sale may be initiated, which could potentially force the sale of a property. 

 

The partition sale is used when co-owners of a property cannot agree on how to divide or use the property, and it becomes necessary to sell it to divide the profits amongst the owners.

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Selling A House With Subsidence: How Easy Is It?

Selling A House With Subsidence: How Easy Is It?

In this article, we will break down what Subsidence is, what the signs are, what underpinning is and how easy it is to sell a house with Subsidence.

Tom Condon
Tom Condon ★ Digital Content Writer

Table of Contents

The United Kingdom’s coasts are rapidly eroding, causing many houses to fall victim to coastal erosion. As a result, the mere mention of Subsidence can send alarm bells ringing for homeowners and potential buyers alike. 

 

Whether you buy a cheap property on the coast, look to renovate it, and then realise the previous owners didn’t disclose a history of Subsidence or the ground has begun to erode while you have lived within the property, the thought of selling a house with Subsidence can be daunting.

 

But selling a house with Subsidence doesn’t have to be complicated. A property with Subsidence can be easily rectified as long as the underpinning is secure.

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What Is Subsidence?

Subsidence in a house refers to the downward movement or sinking of the ground beneath the structure, which can result in the shifting of the building’s foundations. 

 

Subsidence happens when the soil beneath a building is made up of a high percentage of clay and is, therefore, unable to support the structure’s weight. Clay expands in wet weather and reduces in warm weather, exaggerating the subsidence rate.

 

Subsidence is especially alarming when the ground is sinking at different rates and the property’s foundations become misaligned.

What Are The Signs Of Subsidence?

If you suspect that your property is at risk of Subsidence, then you should consult a structural engineer or building surveyor who can assess the situation; however, here are some common signs:

Look out for new or widening cracks in the walls, particularly those wider than 3mm or diagonal cracks that appear internally and externally. These cracks may be thicker at one end and taper as they move across the wall.

Cracks form around window and door frames, especially if they are diagonal or have a stepped pattern. These cracks may indicate that the building’s foundations are settling unevenly.

It could be a sign of Subsidence if doors and windows become difficult to open or close correctly. The frames may become misaligned as the building shifts or settles, causing doors and windows to stick.

Check for sloping or uneven floors, particularly on the ground floors. If the floor feels uneven or slopes noticeably in one direction, it could indicate that the foundation is moving.

Gaps or separation between walls, ceilings, or floors may indicate that Subsidence is causing different parts of the building to move independently, leading to visible holes or cracks at the junctions.

In severe cases of Subsidence, the entire building may exhibit signs of leaning or titling, which can be observed from the outside, where the structure appears visibly off-vertical.

What Is Historical Subsidence?

If your property has had Subsidence in the past, fear not! It is not impossible to sell your home; you must disclose the historical Subsidence to your estate agent. 

 

When you inform the estate agent, they will make sure all potential buyers are aware, be prepared that it may take longer to sell your home as Subsidence can be-off putting, even if historical. 

 

You will need to instruct a building surveyor to assess your property, and they will distinguish if your property has ongoing Subsidence or historical subsidence issues:

 

  • If your property has historical Subsidence, any continued movement is unlikely, and you will not have to make any further structural changes.
  • If your property has ongoing Subsidence, you must carry out structural changes to secure the property.

 

If the property has historic Subsidence, you will need to provide evidence of any past insurance claims and the specifications of renovations that have been used to improve the security of the structure, as well as present a Certificate of Structural Adequacy.

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What Is Underpinning A House?

Underpinning a house is a structural improvement technique used to strengthen and stabilise the foundation of a building. 

 

The process involves strengthening the existing foundation or constructing a new foundation beneath the existing one to provide additional support, enhance its load-bearing capacity and prevent further movement. 

 

Underpinning a house is usually the go-to method when structural engineers look to improve a home with Subsidence. 

 

Underpinning a house could cost anywhere from £8,000 to £30,000 or more for an average-sized home.

What Is The Process Of Underpinning A House?

A structural engineer or a specialist contractor will assess the existing foundation, soil conditions and any signs of foundation issues. 

 

They will conduct a detailed engineering analysis to determine the most suitable underpinning method and create a plan for the project. 

 

The area around the foundation is carefully excavated, usually in small sections, to provide access to the existing foundation. The depth of the excavation will depend on the specific underpinning method chosen and the desired stability.

 

Temporary supports, such as props or jacks, are installed to ensure the stability of the structure during the underpinning process. These supports bear the weight of the building while the foundation is being strengthened.

 

The Engineer will then implement the chosen underpinning technique, which could involve pouring mass concrete, constructing reinforced concrete beams, installing mini-piles or injecting grout. 

 

After the underpinning construction, the new foundation elements or materials need time to cure and settle. This period allows the foundation to gain strength and stability.

 

Once the underpinning has settled and achieved the desired strength, the excavated areas are backfilled with suitable materials. 

 

The soil is compacted in layers to ensure proper support and prevent future settlement. Any disrupted structures or finishes, such as flooring or walls, are reinstated. 

 

After the underpinning process is completed, ongoing monitoring must be conducted to ensure the foundation’s stability and the underpinning’s effectiveness, which may involve periodic inspections and measurements to track any changes.

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How Much Does Subsidence Devalue A Property?

Selling a house with a history of Subsidence can affect its property value as Subsidence is categorised as a structural issue and can raise serious concerns for potential buyers about the stability and condition of the property.

How Much Does Subsidence Devalue A Property?

If you go to sell your property on the open market, Subsidence means you take a hit of around 20% of your property’s value, as the future owner will spend around that trying to sort out the Subsidence. 

 

If your property were valued at £290,000, you would expect to receive offers of around £232,000. But this will vary depending on the severity of the Subsidence.

Does Subsidence Affect House Prices?

Yes, Subsidence will affect the house price when selling. If your property has ongoing Subsidence, you can expect to receive a 20-25% below-market-value offer, while historical Subsidence with no signs of resurgence may not affect the house price.

Does Underpinning Devalue Property?

Underpinning a house does not necessarily devalue a property; as it is often used to stabilise a property’s foundation and address subsidence issues, it may positively impact a property’s value by restoring its structural integrity.

 

However, it’s essential to consider that the perception of underpinning and the associated history of Subsidence can affect the perceived value of a property. 

 

Some potential buyers may view a property that has undergone underpinning as a potential risk or a cause for concern, impacting their willingness to pay the total market value. 

 

Four factors may impact how much you get for selling a house with Subsidence:

The quality of underpinning work is vital and must be completed by qualified professionals using appropriate techniques and materials that successfully resolve the subsidence issue. 

 

This can reassure potential buyers and help maintain or enhance the property’s value.

Proper documentation and guarantees for the underpinning work can help instil confidence in potential buyers. This includes providing information about the scope of work, warranties and insurance coverage.

The impact on property value can also be attributed to the local housing market conditions and buyer sentiment. 

 

The impact may be minor in areas like London or the South East, where subsidence issues are common, or buyers are more familiar with underpinning. 

 

However, the impact on property value may be more significant in markets where Subsidence is less prevalent, like Yorkshire.

It’s worth noting that underpinning a property may impact insurance coverage or premiums. Some insurance providers may require additional information, inspections, or specific policies for properties that have undergone underpinning.

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How Much Does Underpinning A House Cost?

The cost of underpinning a house will vary depending on the scope of work needed and the underpinning required. 

 

When you look for quotes, the scope of work, duration, property access and whether the Subsidence has caused aesthetic or structural issues will be considered.

 

The surveyor can suggest the best type of underpinning for your property. 

 

Piling is the most expensive type of underpinning, which is only used for deep foundations. But, mass concrete fill and beam, and Base are the most common ways to underpin a building. 

 

In terms of costs, the underpinning methods are:

 

  • Mass Concrete – £1,500 per m2
  • Beam And Base – £2,000 per m2
  • Piling – £2,600 per m2

 

But, you will also need to consider the costs for labour and services:

 

  • Structural Engineer – £70 per hour
  • Party Wall Engineer – £700 per neighbour
  • Building Control Application Fee – £200
  • Planning Permission – £33

What Impact Does Underpinning Have On A Mortgage?

If a property is underpinned, lenders will agree to a mortgage, but if the property is undergoing Subsidence, it may be challenging to get a mortgage.

 

Subsidence is seen as a high-risk structural issue, so it’s vital that you carry out any fixes as soon as possible. 

You may also get a mortgage on an underpinned house if you can secure home insurance. 

 

This is due to mortgages being dependent on the property being able to be insured.

Does House Insurance cover Subsidence?

Subsidence is covered by most house insurance, but only if the property has never had issues with Subsidence before. 

 

You may need to find a specialist insurance package if:

 

  • You wish to carry out any underpinning method.
  • The property is at risk of riverbank or coastal erosion. 
  • There is any damage to the land the property sits on. 

 

The insurance should cover all damage, the cost of reparations and any alternative accommodation. 

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Selling A House With Subsidence: The Process

Selling a house with Subsidence is similar to selling conventionally. However, you will need to ensure that you have the correct documentation and are as transparent as possible throughout the process.

 

Before you put your house on the market, you should have a building surveyor or structural Engineer assess the property to evaluate the subsidence issue and determine its cause and severity. 

 

The assessment will provide valuable information you must share with potential buyers and estate agents.

 

We recommend that you carry out any repairs or underpinning suggested before listing the property for sale as this will increase your chances of getting full market value & instil confidence in any potential buyers.

 

Transparency is vital when selling a house with Subsidence. You must disclose the subsidence history to potential buyers upfront. 

 

Providing accurate information about the subsidence issue, including the results from the survey, will help build trust and manage expectations. 

 

If you lie to the potential buyer and they request their survey, they may either pull out or give you a much lower off on the property.

 

When setting a realistic price for your property, you will need to consider the subsidence history and how well the underpinning has resolved the situation.

Selling A House With Subsidence: How Easy Is It?

Selling a house with Subsidence or underpinning can be a hassle, especially if it’s your first time selling up. But it doesn’t have to be!

 

Here at The Property Selling Company, we pride ourselves in creating an utterly hassle-free selling process, where we believe that selling a property should be three things; fast, effortless and free.

 

We can help sell your property in as little as 28 days while handling all aspects of the sale, including negotiating, surveys, and even covering all your legal fees. 

 

We offer you a complete online estate agency service because it’s our mission to change how you sell your house. We understand that underpinning can be a substantial upfront cost, so we won’t charge you any estate agent fees. 

 

We will work alongside you every step of the house sale, and our team of property experts will continue to be there even after the process is complete.

 

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Selling a House With a Mortgage

Couple discussing a mortgage with their mortgage lender.

Selling a House With a Mortgage

Looking at how to sell a house with a mortgage, the pros and cons of selling with a mortgage, and how we can help…

Alexandra Ventress

Alexandra Ventress ★ Digital Content Writer

Table of Contents

When it comes to selling your house, you can often be left with a lot of questions, especially when it comes to selling a property with a  mortgage. You can be left confused about your selling options, whether or not you should port your mortgage, and what the ups and downs of selling with a mortgage can be.

 

In this blog post, we will be looking at your options when it comes to selling a house with a mortgage, what porting your mortgage involves, and how you can sell your house with a mortgage in as little as 28 days…

 

Looking for a quick answer? Check out our interactive menu to the side. 

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Can I sell a house with a mortgage?

Of course! You can sell your home at any time as long as you can afford to pay off your remaining mortgage balance. Or alternatively, if you like you can transfer your existing mortgage to a new house. 

If you are planning to sell your property in order to free up some cash but not purchase another property straight away, then you should make sure that the sale price is higher than your existing mortgage. This should be including any fees that you have to pay, such as early repayment charges. 

Can I transfer my mortgage to another property?

Yes, you can! This process is referred to as porting and involves porting your current deal to a new property, rather than taking out a new mortgage. Porting a mortgage is a popular choice as it can often save homeowners a lot of money, especially if they are in the early repayment charges window or they have a favourable fixed rate. It also has the added advantage of being much less hassle than starting a new application with a different mortgage company.  

When should you port a mortgage?

The circumstances for when you should port a mortgage vary from person to person. But as a rule of thumb if one of the following criteria applies to you, then porting your mortgage may be an avenue you wish to explore: 

  • If you have had your property valued and it will not cover the mortgage debts, but you are comfortably paying off your mortgage payments each month. 
  • If you are comfortable with your current mortgage deal and don’t wish to make any changes 
  • If you are no longer in your mortgage initial deal term as you will no longer have to pay early repayment charges 
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How do you port your mortgage? 

In order to port your mortgage, you will need to fill out an application form. This is because you will not be transferring the deal itself, but the terms and conditions of the mortgage. As long as you are not decreasing or increasing the loan amount, you should not have to pay any fees for porting a mortgage. 

 

Whilst many mortgages are portable, it is worth bearing in mind that this is not the case every time. Your personal circumstances as well as the property itself will determine whether you are eligible for porting.  

What to consider before selling a house with a mortgage

When it comes to selling a house before you pay off the mortgage, there are a few elements you will need to consider before you put your current home on the market and buy another property. These include: 

  • Once you have sold your home, if the amount you get from the sale is not enough to pay off your mortgage, then you will need to continue making payments to your lender until you have repaid your mortgage in full. 
  • Until the property has been sold, you will be responsible for all mortgage repayments, insurance and other household costs. 
  • If you plan on redeeming your existing mortgage (paying back the full amount) and not buying a new property you must ensure that the sale price is more than what is left on your mortgage 
  • Once you have sold your home you will need to think about your personal financial situation. If you are out of employment at the time when you sell your house and you receive a cash lump sum from the sale of the property, then this can have an effect on whether or not you will receive your benefits. 
  • If you owe more money than your property is worth, then you are described as being in negative equity. If this applies to you, then you may need to think about other options other than selling, as it may not be a viable option for you. 
  • Once the sale is complete, your existing mortgage loan will need to be repaid by your solicitor or conveyancer. 

Additional costs for selling a house before the mortgage is paid 

Other costs that you should be wary of when selling your house with an existing mortgage include: 

An early repayment charge is a fee that you can incur when you wish to end your mortgage deal before the ‘official’ deal term ends.

 

An example of this would be if you were on a 3-year fixed rate deal with your lender but after 12 months you decided you wanted to move to a lower fixed-rate, you would end up facing an early repayment charge.

 

Because your lender expects to make a certain amount of interest by lending you the money for your mortgage, when you switch or pay off the debt early, they loose money. This is why you may end up facing an early repayment charge.

When it comes to selling your property with a morgage, you can expect your estate agent fees to range anywhere from 0.9% – 3.6%. This fee will depend on the agent you use, the property itself, and how sucessfully you negotiate. 

 

In the UK, if you sell with your average high street ‘no sale no fee’ agent, you can be facing fees of around 1.42%+VAT. This means if you have a property that is valued at £285,000, you can expect to add around £4,000 to your house selkling costs. 

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What are early repayment charges? 

Early repayment charges are a fee that you may incur if you wish to end your mortgage before the deal term has officially ended. They are charged as the lender expects to make a certain amount of interest by lending you the money for your mortgage on a fixed or tracker rate mortgage. If you decide to switch or pay the debt off early, they will lose money, which is why you are then facing an early repayment charge. 

 

If you are a homeowner who is paying their lender’s standard variable rate (SVR) then early repayment charges should not be a concern for you. 

Pros and cons of selling your house before your mortgage is paid off 

As with any house-selling situation, there are pros and cons to selling your property before the mortgage term is over. Below we take a look at some of the pros and cons of selling your property before the mortgage is paid off: 

Pros

  • If you have had a change of circumstances and your current property is no longer affordable, you may be able to get a more affordable mortgage on a cheaper property. 
  • If you have your property evaluated and it is high enough to cover your mortgage debt, then you will be able to pay off your debts. 
  • If you have found yourself in the position of falling behind on your mortgage payments, can stop the repossession of your property by selling it and then settling the mortgage debt.  
  • Once you have sold your property, you may be left with some spare cash to put towards your new property. 

Cons

  • When you sell your home, you may find yourself becoming homeless temporarily. 
  • If you cannot afford to pay your mortgage lender, then you may find yourself in a mortgage shortfall. This can be costly and stressful, and if you don’t make your payments, then you may end up facing legal action. 
  • If you purchase a new property, you will still be responsible for the mortgage payments on your old property until it is sold.
  • You can find yourself in the situation of having to secure a short sale with your bank. This means that your old home will be sold for less than you originally bought it for. 
  • If your property valuation comes back lower than expected then you won’t have enough to cover your original mortgage deal, which will make paying your remaining payments difficult. 
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Where can I sell my house with a mortgage?”

The majority of homeowners on the open market, unfortunately, do not have the borrowing power to be able to take out two mortgages at the same time. So if you find your dream house on the open market but yours is yet to sell, what can you do? When taking out a loan or porting your mortgage is not an option, how can you purchase your dream home? 

 

Thankfully, you have several options to ensure that you do not miss out on your house purchase. 

Property Auctions

Property auctions are becoming an increasingly popular method of selling properties. The seller agrees on a minimum reserve price that must be met for the property to sell.  The hope is that the minimum reserve price will be met and that potential buyers will keep bidding, raising the total profit. The main advantage of selling through this method is that auctions tend to attract serious buyers. As winning bids are legally binding once the gavel falls, the buyer cannot pull out without severe financial consequences. 

 

The downside to selling through a property auction is that they are not the swiftest selling option. Once you have listed your property for sale, you will have to wait for the next auction which could be weeks or months away. Even after the auction is complete, you will still need to wait for the paperwork to go through which can add an additional month or more to the process. Furthermore, selling at an auction is not without cost. Auctioneers, like estate agents, charge a commission to cover the costs of marketing and selling your home.

Bridging Loans

Another option for selling your home is taking out a bridging loan. These loans help to bridge the gap between buying and selling a property. They are usually short-term loans however they come with higher borrowing costs. 

The Property Selling Company 

Another way you can quickly sell your property in order to buy the home of your dreams is through an online estate agent like ourselves. 

 

Here at The Property Selling company, we believe that selling a house should be three things: fast, effortless, and free. That’s why we can sell your property in as little as 28 days, without the estate agent fees! 

 

We offer you a full online estate agent service – because it’s our mission to change the way you sell houses. Gone are the day of estate agent fees eating away at your total profit. 

 

We will be working alongside you every step of the house-selling process, covering everything, so you won’t have to. The days of expensive solicitor fees and legal work are over, and our team of property experts will continue to be there, even after the process is complete. 

 

We will market your property on popular property portals such as Rightmove and Zoopla, organise viewings, cover legal fees, and negotiate better deals all for free!  

 

If you are ready to sell your home in as little as 28 days, then get in touch today and fill out one of our fast, free, no-obligation forms for your house valuation today!

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Do You Need A Solicitor To Sell Your House?

Do You Need A Solicitor To Sell Your House?

Looking at whether you need a solicitor to sell your house, and the difference between solicitors and conveyancers.

Tom Condon
Tom Condon ★ Digital Content Writer

Table of Contents

Do You Need A Solicitor To Sell Your House?

Hiring a solicitor to sell your home is not legally required, but it is highly recommended. 

 

Selling a house can be complex, and many legal and financial considerations must be considered. A solicitor can help you navigate the process and ensure everything is done legally and correctly.

 

When you sell your property, a solicitor will offer you a conveyancing service where they will check the legal title of the property, ensuring you have the legal right to sell the property and make sure there are no restrictions or issues with the title.

 

The solicitor will guide you through the process from the moment you have accepted an offer to the exchange of contracts to completion. 

 

You will need a solicitor or licensed conveyancer, whether you are selling a property via auction, an estate agent, cash buyer or privately.

What Does A Solicitor Do?

A solicitor, property lawyer or licensed conveyancer is a legal professional who provides legal advice and representation to clients. 

 

Their day-to-day role is advising clients on legal matters, representing clients in legal proceedings, drafting legal documents to ensure they are legally sound, conducting legal research, and managing cases. 

 

A solicitor’s primary goal is to help their clients navigate the legal system and achieve the best possible outcome in their case. Most solicitors will have a speciality in a particular area of law, for example, property or medicine.

What Does A Conveyancer Do?

A property or conveyancing solicitor will provide legal advice and assistance to clients involved in property transactions. Their role is to ensure that the sale or purchase of a property is legal and to protect their client’s interests. 

 

A conveyancing solicitor will advise clients on the legal aspects of buying or selling a property, including contracts, searches and surveys. They will draft legal documents, such as sale contracts, leases and transfer deeds.

 

A property solicitor conducts various searches, such as local authority and land registry searches, to ensure that the property is legal and that no issues could affect the transaction.

 

If needed, a property solicitor will negotiate with the other party’s solicitor on behalf of their client to ensure that the terms of the sale or purchase are fair and reasonable. 

 

To ensure the process runs smoothly, the property solicitor will liaise with mortgage lenders to provide the necessary funds for completion. They will also manage the transaction from start to finish and resolve any legal issues if they do appear. 

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Should You Hire A Solicitor Or A Licensed Conveyancer To Sell Your House?

All solicitors can legally perform the conveyancing process, but again we recommend that you find a property specialist as they will provide a more streamlined service. 

 

When it comes to selling a house, you can hire a solicitor or a licensed conveyancer, who are qualified and regulated professionals who can help you sell your property. 

 

However, there are some differences between the two that you should consider before making a decision. 

 

Solicitors are qualified lawyers who have completed a law degree and professional training; they will have a broader legal knowledge and can provide legal advice on a wide range of matters beyond conveyancing – they can even represent you in court if necessary.

 

Solicitors can help you in complex house-selling situations like divorce or probate as they have a more general understanding of the law. 

 

On the other hand, licensed conveyancers specialise in property law and are trained to handle all aspects of property transactions, including buying and selling properties, remortgaging and transfer of equity. The Council for Licensed Conveyancers regulates them. 

When deciding whether to hire a solicitor or licensed conveyancer to sell your property, you should consider your individual needs and the complexity of your transaction. 

 

A licensed conveyancer may be suitable if your transaction is straightforward and you do not require advice beyond conveyancing.

 

However, a solicitor may be better if you need broader legal advice or representation.

How Do You Find A Solicitor Or Conveyancer?

There are several ways to find the right solicitor or conveyancer for you. The legal professionals will handle your property transactions, including asking for recommendations, using online directories, checking reviews, checking accreditation and getting quotes — so it’s vital that you find the right one for your situation.

 

Ask family members, friends, or colleagues who have recently bought or sold properties for recommendations when looking for a legal advisor. 

 

Many online directories exist for solicitors and conveyancers, such as The Law Society’s Find A Solicitor or the Council for Licensed Conveyancers’ Find a Conveyancer. 

 

By reading online reviews and testimonials from previous clients, you can get an idea of the solicitor’s experience and how their customer service is. 

 

It would help if you always looked for any mention of contact time, as you will need to stay in touch with your solicitor as much as possible to keep the process moving forward. 

 

Most solicitors will be part of an agency and have a conveyancing team behind them, although you may also be able to find independent solicitors.

What Are The Average Conveyancing Fees For Selling A House?

When you sell your property, the conveyancing fees will vary depending on if your property is:

 

  • Leasehold or freehold.
  • Where the conveyancer is based.
  • If you are using a licensed conveyancer or solicitor.
  • The price of your property.
  • The length of your property chain.
  • If you are in a shared ownership property. 

 

However, saying this, the average cost of a conveyancer in the UK is £610-£950, depending on the value of your property. You can expect to pay around £300 more if the property is leasehold. 

 

We recommend doing your research, getting conveyancing quotes from many different solicitors, and weighing these up against their online reviews before deciding.

What Is The Conveyancing Process?

The conveyancing process is the legal work behind a house purchase or sale; it will typically involve:

The conveyancing process will begin when you instruct a solicitor or licensed conveyancer to act on your behalf. We recommend finding a solicitor with prior property knowledge and excellent reviews.

Your solicitor or conveyancer will draft a contract of sale and send it to the buyer’s solicitor or conveyancer for approval.

They will then conduct various searches and enquiries to ensure the property is legal and suitable for purchase. This will include the following:

 

  • Searches with local authorities.
  • Checking Title Deeds.
  • Raising any necessary enquiries with the buyer’s solicitor.

If you require a mortgage to purchase your onward purchase, the solicitor will liaise with your mortgage provider to ensure the funds are available for completion.

Once all the necessary checks and searches have been completed and any issues resolved, you and the buyer will exchange contracts. This is a legally binding agreement to sell and purchase a property.

On the agreed completion date, the purchase price balance will be paid, and ownership of the property will transfer to the buyer.

Your solicitor will register the property in your name and pay any necessary stamp duty; they will also send you a final report and account.

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What If Your House Sale Falls Through?

If a house sale falls through, the solicitor’s role will depend on the circumstances and terms of their agreement with you. In most cases, the conveyancing fees must still be paid, even if the sale does not progress.

 

However, some solicitors may offer a “no sale, no fee” arrangement, where they will only charge fees if the sale is completed. 

 

It’s essential to check the terms of the agreement before you instruct the solicitor before hiring them to ensure that you understand what fees will be payable in the event of a failed sale.

 

If the sale falls through due to issues with the legal process, such as problems with the title or searches, the solicitor may need to continue working to resolve these issues even if the sale does not proceed — in this case, you will still need to pay the solicitor fees.

 

Suppose the sale falls through due to issues outside the solicitor’s control, such as the buyer pulling out or the property being withdrawn from the market. In that case, the solicitor’s role will be limited to advising on legal implications and finalising outstanding matters, such as returning deposited funds. 

 

In any case, it’s essential to maintain good communication with the solicitor throughout the process and to seek their advice and guidance if any issues arise.

Can I DIY The Conveyancing Process?

While it is legally possible to handle the conveyancing process yourself, it is generally not recommended.

 

The conveyancing process involves many legal and financial considerations, which can be complex and time-consuming.

 

You must have a solid understanding of property law and be familiar with the conveyancing process to complete the process correctly and efficiently. 

 

Instructing a solicitor or conveyancer to carry out the legal legwork is generally recommended. Hiring a qualified and experienced solicitor or licensed conveyancer to handle the process on your behalf is worth the investment. 

 

There are many potential risks associated with DIY conveyancing, including:

 

Making Errors Or Omissions

With a proper understanding of conveyancing’s legal and financial aspects, you may avoid errors or omissions that can have serious consequences.

 

Delays

Handling the conveyancing process yourself can be time-consuming, and if you make any mistakes, it can cause delays that can be costly and frustrating. 

 

Legal Issues

If legal issues arise during the process, such as buyer or property title problems, you may need more legal expertise to resolve them. 

 

Liability 

You may be liable for any resulting losses or damages if you make any mistakes or omissions during the process.

Can A Solicitor Help When Selling A Leasehold Property?

It doesn’t matter if you are selling a leasehold or freehold property; you should seek the guidance of a solicitor. 

 

However, as leasehold properties tend to be more complex, we recommend hiring a specialist leasehold solicitor trained to deal with tenanted properties. 

 

A leasehold solicitor or conveyancer will be able to help you review the lease and advise you with any restrictions or obligations that may affect the sale, such as requirements to obtain consent from the landlord or comply with certain conditions. 

 

Like the standard conveyancing process, the solicitor must also conduct searches to ensure that no outstanding charges or arrears are owed to the landlord, third party or management company that could affect the sale.

 

The property solicitor will then advise on any service charges or ground rent payable and ensure that these are properties apportioned between the buyer and seller. They will then draft any legal documents, such as the contract of sale and transfer deeds. 

 

Once completion day comes around, the leasehold solicitor will then handle the completion of the sale, ensuring that all necessary documentation is signed and exchanged and that the sale proceeds are property distributed.

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