8. Pre-completion procedures and completion

This chapter begins with a discussion of pre-completion procedures, covering pre-completion when acting for the seller; pre-completion when acting for the buyer; pre-completion searches; and completion statements. It then focuses on completion, covering date, time, and place for completion; when the client is both selling and buying; and the mechanics of completion.

6. Preparing for and implementing exchange of contracts

This chapter first considers matters that must be attended to before an exchange of contracts when acting for the buyer and when acting for the seller. It then discusses implementing the exchange of contracts; actions taken after exchange; and death or insolvency of contracting parties between exchange and completion.

2. Taking instructions and other initial matters

This chapter begins with a look at the process of initial interviews with clients. At the start of any transaction it is important to establish a good working relationship with the client. The first interview marks the perfect time to do this, for it gives practitioners the opportunity to instil confidence in the client of their abilities as a conveyancer. The chapter then deals with estate agents; client care and advice on costs; advice on co-ownership; advice on finance; advice on survey; Law Society Conveyancing Protocol; professional conduct; and considerations for acting for either seller or buyer.

1. Introduction

This introductory chapter begins with an overview of conveyancing, which is the process by which legal title to property is transferred. It then discusses the conveyancing of registered land; defensive lawyering and the conveyancing process; conveyancing and information technology; and the future of conveyancing.

9. Post-completion procedures: delays and remedies

This chapter considers two areas that provide practitioners with some of the more challenging parts of the conveyancing process: first, post-completion procedures; and, second, dealing with delays and seeking appropriate remedies. Practitioners must deal with time limits, with ‘what if’ scenarios, and with the mechanics of stamping and registration. In particular, delays affecting conveyancing contracts, and the consequential remedies available, are a fertile source for conflict between conveyancing practitioners.

10. Leaseholds and commonhold

This chapter begins by considering leases, dealing with leases when acting for a lessee or lender, liability on covenants in leases, and lease variations. It then discusses new leases, existing leases, statutes and leases, and the Commonhold and Leasehold Reform Act 2002.

13. Business tenancies and the Landlord and Tenant Act 1954, Part II

This chapter considers the provisions of the Landlord and Tenant Act 1954, Part II, which regulates the ways in which business tenancies may be terminated and gives statutory protection to business tenants. Topics discussed include agreements to which the 1954 Act applies; requirement for ‘tenancy’ tenancies excluded from statutory protection; requirement for ‘occupation’ methods of termination under the 1954 Act; Section 40 notices; rules for service of notices; interim rent applications; landlord’s statutory grounds of opposition; tenant’s right to compensation for failure to obtain a new tenancy; and court order for new tenancy.

12. Commercial conveyancing

This chapter focuses on commercial conveyancing, which involves the granting and renewal of business (or commercial) leases as well as the buying and selling of properties that are let to business occupants. It first considers revenue matters then turns to the key commercial area that most conveyancers will encounter in practice, the review of the contents of a commercial lease. The final section is devoted to the particular requirements a practitioner must bear in mind when acting for a client who is selling or buying a tenanted property. It also considers the Standard Commercial Property Conditions (SCPC) being commercial specific standard contractual terms.

11. New properties

This chapter deals with the special areas of concern for practitioners who are required to deal with the sale or purchase of new residential properties, either recently constructed or in the course of construction. It looks at the roles of the practitioners acting for the developer and prospective buyer respectively. It also considers the arrangements for roads and sewers on a new estate and the importance of insurance against structural defects in new properties.

7. The purchase deed and mortgage

The principal purpose of the purchase deed is to transfer the legal estate in the property from the seller to the buyer. The transfer of a legal estate is void unless it is made by deed. This chapter discusses types of purchase deed; joint representation of borrower and lender; commercial mortgages; the mortgage deed; and post-completion steps; and mortgage fraud.