A step-bystep guide to moving house
Head of Property Victoria Marshall took talk about life as a client involved in her own house move to a new family home.
Whilst she is now settling in, unpacking her boxes and finding numerous wires and cables that seem to lead to nowhere, she wanted to share a quick and easy guide to house moves. As a solicitor she knew what to expect and even then, found it hard to manage her own high expectations. For clients, who may not be used to many moves, she thought an easy guide and an aide memoire might be useful - so who does what and what to expect along the way?
Preparing to move house
Once your offer has been accepted, the process of legally transferring ownership begins. Whilst interiors, kitchens, carpets and curtains might be at the forefront of your mind, getting a good solicitor instructed is the first thing you should do.
“Get your finances in order, proof of funds, secure a mortgage offer if necessary and make sure your deposit is readily available,” advises Victoria Marshall.
“If you come to us with these things ready to go, we can get going, open your file and help get you into your new home.”
Delays often occur at the beginning of a transaction, particularly if legal representatives are appointed late or paperwork is not completed promptly. By engaging a solicitor early, you enable them to open your file, carry out identity checks, and request the contract documentation without unnecessary delay.
What does a conveyancing solicitor do and what is conveyancing?
Conveyancing is the legal and administrative process of transferring property ownership from a seller to a buyer; it begins when an offer is accepted and ends upon completion.
It ensures the transfer is valid, involving contract preparation, property searches, doing the due diligence necessary and the final registration of the new owner.
“Licensed conveyancers specialise in property law and don’t have access to a full law firm of experienced staff if unexpected legal issues, or you expect difficulties I would always advise instructing a solicitor,” says Victoria.
“Obviously it’s my job, I would say that, but it’s important to remember that a solicitor is a member of the Law Society, and you have comeback if things go wrong. In addition, in our team in cases of absence, illness or holiday there is someone else to pick up the reins, not always the case with one-man bands, or small teams and that could stall your buying process.”
While you may only hear from your solicitor periodically, a significant amount of detailed legal work takes place throughout the transaction. At Pearson our client portal allows clients to see what work has been done in real time and catch up on their property details wherever they are and whenever they want.
Searches are one of the first things to take place and include local authority, environmental, and drainage searches, all of which are designed to uncover issues that may not be immediately visible.
Alongside this, your solicitor will review the legal title and contract pack provided by the seller’s solicitor. This involves checking that the seller has the legal right to sell the property and identifying any potential risks, such as restrictive covenants or rights of way that could affect your use of the property.
Where necessary, your solicitor will raise enquiries with the seller’s legal team. This stage is crucial, as it ensures that any uncertainties are clarified before you commit to the purchase. Without this level of due diligence, buyers could unknowingly take on significant legal or financial liabilities.
Exchange of contracts
This is when it all becomes real, it’s a milestone in the process and is when the transaction becomes legally binding.
Before exchange takes place, your solicitor will make sure all legal checks have been completed, your mortgage offer is in place, your deposit has been received and then a completion date can be agreed - that’s the exciting bit.
Once contracts are exchanged, both parties are committed to the transaction. If either side pulls out after this point, there can be serious financial consequences. This is why the work your solicitor carries out beforehand is so important as they ensure that you are in a fully informed and protected position before you become legally bound.
What happens on completion day?
Completion day is when you finally get the keys, only of course once funds have been transferred and then ownership of the property officially transfers to you.
It’s over to you to organise packing and removals, all utility bills and council tax and insurance changes, but whilst this is going on your solicitor is still working behind the scenes to ensure everything is legally and financially aligned.
They will prepare a completion statement outlining the final balance required and carry out last-minute checks. These checks are essential to ensure that no new issues have arisen since exchange.
Having an experienced solicitor at this stage provides peace of mind that nothing has been overlooked.
While this may all seem straightforward, it relies on precise coordination between experienced and professional solicitors, lenders, and estate agents. Any delay in transferring funds can have impact on the timing of your move, which is why having a diligent solicitor managing the process is essential.
The legal process once you've moved
Many buyers assume the process ends on completion, but there are still important legal steps to finalise.
Your solicitor will deal with the payment of Stamp Duty Land Tax (where applicable) and register your ownership with HM Land Registry. This ensures that your legal title is properly recorded and protected.
“Failure to complete these steps correctly could cause issues if you come to sell or remortgage the property in the future, highlighting once again the importance of professional legal support. There is a lot that goes on behind the scenes to keep a house move on track, there are many variables and it’s a bit like spinning plates, but when it all goes to plan and we have happy clients it’s worth the wait,” said Victoria.
How can we help?
For legal advice on selling a house, remortgaging or if you are first time buyers looking to get on the property ladder contact our conveyancing solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk.
Subscribe to our newsletterPlease note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.