Law Spot

Our experienced Conveyancing specialist Arthur Scaife answers all your questions property questions and explains some of the most common misconceptions.

Arthur Scaife

Arthur Scaife

Head of Conveyancing

What is a conveyancing chain and how does it effect me?
Owners of properties looking to move to a new property will wish both matters to exchange and complete simultaneously. Therefore, a number of linked transactions can arise with each matter being dependent upon the other. An exchange of contracts must take place simultaneously throughout the (chain) of transactions. The speed of progress will be determined by the slowest link within the chain. As will be anticipated, the more transactions linked within the chain often the slower the matter will take to get to formal exchange of contracts.

What is the difference between the exchange of contracts and completion?
A completion date is the date on which you physically move into your new property. The completion date is decided and legally committed to on exchange of contracts. Where there is a chain, the speed of completion may also be effected while the funds are sent and received through the individual solicitors bank accounts.

When must I insure the property?
The contract will normally stipulate that you insure from exchange of contracts. If you are obtaining mortgage finance then the lender will also require insurance to be put on risk as for an exchange of contracts and will need to satisfy their conditions as contained within their offer.

If you are purchasing a leasehold property then it is normal for the freeholder to insure. Therefore you will not need to insure the building but would still need to arrange insurance for the contents as from the date of completion.

If you intend to rent the property then please mention this to either your broker or the insurance company direct when obtaining a quote and prior to putting the policy on risk.

Can I let the property?
If you are buying with the aid of mortgage finance then you will need to obtain the consent of the lender before doing so. Again, if the property is leasehold then you may also require the consent of the freeholder. You should ensure that you check the terms of the mortgage offer and the lease before renting out the property.

Can I stay at my property after completion?
This would not normally be authorised under the terms of the contract. Those contracts would provide vacant possession on completion to include a removal of your furniture and belongings. Failure to do so will result in you being served with a notice to complete which will incur additional costs and interests.

Can I have access to the property if it is empty?
Not normally as the contract will again provide that vacant possession to be given when formal completion has taken place.
Limited access to an empty property may be granted by the seller where it has been agreed that essential works are required prior to completion.

For further information please contact our Conveyancing team.

Broadstone
01202 692448

Christchurch
01202 482202

Verwood
01202 823308

Wimborne
01202 881454

Authorised and Regulated by the Solicitors Regulation Authority (SRA) | VAT Number: 186706629