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Residential Conveyancing

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Residential Conveyancing

Meet your Residential Conveyancing team

Dedicated professionals ready to assist you.

Adrian Au PNG
Adrian Au
Solicitor, Residential Property
Rosanna Leist PNG
Rosanna Leist
Senior Solicitor, Residential Property
Alex Julian PNG
Alex Julian
Paralegal, Residential Property
Georgia Harrocks PNG
Georgia Harrocks
Paralegal, Residential Property
hc_team-placeholder
Zoe Morris
Senior Solicitor, Residential Property

Residential Conveyancing Services

Declaration of Trust

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  • Term loan facilitates
  • Revolving credit facilitates
  • Invoice financia facilitates
  • Bridging loans
  • Acquisition financia
  • Project financia
  • Asset backed lending
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Lease and Enfranchisement

Property Lease Solicitors

Introduced to restore the historical imbalance between the inherently disadvantaged Tenant and the monopolistic Landlord, laws on leasehold enfranchisement now provide for a breadth of collective and individual rights.

We offer a full range of services for both Landlords and Tenants in relation to:

  • Lease extensions of flats and houses (both under the statutory procedure and by private treaty)
  • Enfranchisement of leasehold houses
  • Collective Enfranchisement and Rights to Manage for groups of tenants
  • Rights of First Refusal
  • Landlord & Tenant Disputes
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Transfer of Equity

Transfer of Equity is a transaction where the legal ownership of a property changes hands.

Whilst these can seem straightforward, each case depends on the individual circumstances and we have to determine the exact situation in order to ensure that all the parties are protected.

There are various reasons why you may wish to transfer property but the most common are:

  • Divorce / separation
  • Death of the Owner
  • Transferring Ownership between Spouses
  • Adding a Spouse after marriage
  • Gifting the property to a child

Stamp Duty Land Tax is often applicable in a Transfer of Equity if a person is coming onto the title and it is determined by how much Consideration is being paid for the Transfer and the current mortgage amount (if applicable). There could also be a higher rate of tax if the person going onto the title already owns property. Therefore it is important to use Solicitors who are experienced and knowledgeable in this area.

It is important to bear in mind that there may be Capital Gains Tax and Inheritance Tax implications in a Transfer of Equity transaction.

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All Residential Conveyancing Services

Declaration of Trust

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Lease and Enfranchisement

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Transfer of Equity

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Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

To calculate your Stamp Duty payable on your purchase, please visit the gov.uk Stamp Duty Land Tax calculator.
The lead time for property searches varies depending on which search is ordered and the demand that our search providers are experiencing. When we get to the point of ordering searches, we will be able to provide a more accurate time scale but a rough estimate is 1 – 10 days.
A lease is a depreciating asset. As the term of the lease decreases its value decreases and the cost of extending the term becomes more expensive. It can sometimes be difficult to sell a property with a short lease because a mortgage provider may be reluctant to lend money against the short lease term. If you are claiming a lease extension in accordance with the statutory procedure, then you will benefit from your ground rent being reduced to a peppercorn (nil). A lease extension is also often seen as opportunity to modernise outdated terms contained in some older leases.
The time taken to extend a lease depends on a number of variables including the number of parties involved and agreement on the premium and specific terms. A statutory lease extension is dictated by a timetable that must be adhered to and matters generally take a number of months between serving of notice for claim of a lease extension and completion of the matter. Lease extensions outside of the statutory procedure tend to proceed more quickly in light of the fact that the premium and any revised lease terms will have been agreed at the outset usually.
You can enter into a cohabitation agreement at any time, either before you move in with a partner, or when you have been living together for many years. The agreement should be reviewed periodically, particularly where there has been a significant change in circumstances, for example the birth of a child.
Having a Declaration of Trust in place can help avoid disputes where someone has made a financial contribution to a property which was not a loan or a gift to the owners. This is because that contribution may make them a ‘Beneficial Owner’ of the property. This can be considerably complicated to work out who is entitled to what should a property be sold. Examples of individuals who may have contributed to the costs of the Property but who are not registered as an owner at the Land Registry include: A person who has contributed a lump sum towards the deposit such as the legal owner’s parents; The legal owner’s partner who now contributes towards the mortgage and upkeep of the property but is not named as an owner on the title; Someone who has added value to the property even if they are not an owner, such as the adult child of the legal owner who paid for the extension to be built in which they now live. All of the above circumstances have individuals who have contributed to the value of the property even though they are not a legal owner as specified on the Land Registry title of the property. However, they are entitled to a share of the equity of the property even though they are not named on the title. These people are known as ‘Beneficial Owners’. If you are a Beneficial Owner but not a legal owner you may find it difficult to prove how much you are entitled to if the legal owner refuses to acknowledge that you have contributed towards the value of the property.
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