Moving house with a solicitor

Pearson's director and head of property Victoria Marshall talks about her experience in her recent house move and offers some advice.

It’s around this time of year that the housing market wakes up. Buyers and sellers love to make the most of spring gardens, lighter evenings, and a bit of bank-holiday browsing.

It’s when our conveyancing solicitors get calls and emails all day from prospective clients and whilst I know that moving house is often described as one of life’s most stressful events, as a property solicitor, I realise much of that pressure comes from the unknown.  A move is a significant legal transaction involving substantial financial commitment, it’s probably the most expensive purchase you’ll ever make, and your solicitor’s role is to protect your interests at every stage of the conveyancing process.

Conveyancing process for buyers and sellers

My move is like any other except I undersand the conveyancing process and what goes on behind the scenes, but I’ve also packed the boxes, lost the one with the kettle in, the children can’t find their favourite toys, and I keep telling myself it’ll all work out in the end.

Having guided countless clients through the legal process of buying and selling homes, I’m now experiencing it from the other side: as a client. This dual perspective offers me a unique insight into what really happens behind the scenes, why the legal work matters, and how the right preparation, and the right solicitor, can make all the difference to a smoother, more secure move.

I even learnt something that I’m going to pass on to friends, family and clients, so if you’re considering a move this year let the team at Pearson Solicitors take the stress on board for you.

Understanding the conveyancing process

Understanding how to prepare for your sale or purchase helps to speed up the process, as does realising the critical role your solicitor plays, it can make all the difference between a stress-free transaction, or a problematic one.

My main advice is to get your legal ducks in a row early, instruct an experienced team so there is always someone to pick up the pace in case of illness or holidays and above all get your paperwork, your mortgage offer, finances and ID in place.

Having a professional survey was essential for us as we were buying an older property, we wanted to deal with anything before we exchanged and completed, the seller can then either reduce the price, or get any work done that the survey picks up on.

However, for my move it was the valuation and council tax bands that were an eye-opener and something, on further discussion with family and friends, that people are not always aware of. In our case, the council tax band had been too high, so before completing, the previous owner was able to make a claim.

What is my Council Tax Band?

Back in 1991 each residential property was assigned to a Council Tax Band and there are eight bands in total, starting from band ‘A’ all the way up to band ‘H’. The band your home is in determines how much Council Tax you pay each month.

However, it is thought that thousands of homes could be in the wrong band and some homeowners may have overpaid for years, so before you buy a house it's important to check your property is in the right band, as was the case with the owners we were buying from, they found out they had been overpaying when the house was valued.

How to challenge Council Tax Band?

With the right evidence, such as details of neighbouring or similar properties in a lower band, or evidence of what the house was worth in 1991, your property banding can be challenged with the Valuation Office Agency.  If you’re successful you will be refunded the overpaid tax (although it’s always wise to remember that a challenge could result in your band going up, down, or staying the same and it’s important to continue to pay until you have final confirmation.)  However, it’s a lesson learnt and definitely something I’ll be advising people to check in the future.

What does a conveyancing solicitor do?

Ask anyone who knows me, not being in charge of my own destiny was tough, but I had a good team working on my behalf, I chose someone I trusted and that’s why it’s important to pick a professional experienced solicitor.  While you may only hear from them periodically, a significant amount of detailed legal work takes place throughout the transaction.

One of the first key steps is carrying out property searches. These include local authority, environmental, and drainage searches, all of which are designed to uncover issues that may not be immediately visible. For example, searches can reveal planning restrictions, flood risks, or disputes affecting the property.

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 conveyancing 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 and completion on a house

This is when things become legally binding, you’re almost close to moving day, but again legal work is getting things in order, preparing a completion statement and transferring the property to the new owners.  Once receipt of funds is in place the transaction is complete.

Completion day is when the property officially transfers ownership. On this day, your solicitor transfers the purchase funds to the seller’s solicitor, if you’re a buyer, or the other way round if you’re the seller. Once receipt is confirmed, the transaction is complete, and I, like many of my clients, breathed a sigh of relief, yet as a property solicitor I know there is still work going on behind the scenes on my behalf, including: dealing with the payment of Stamp Duty Land Tax (where applicable), registering ownership with HM Land Registry to ensure the legal title is properly recorded and protected.

So now you know, a house move isn’t just about packing boxes, it’s a complex legal transaction involving significant financial risk, but a good solicitor keeps the plates spinning and somehow it falls into place at the right time - now all I need to do is finish unpacking, decide on what to decorate first and look forward to life in my new family home.

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.

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Please 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.