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Author Archives: Mahinan Pathmanathan
Useful Tips to Avoid Mistakes in Conveyancing Process
The process of conveyancing was designed to ensure that purchasers of home or property get the ownership of a land securely. When a property is purchased, it is the duty of the buyer to ensure that he or she is … Continue reading
DIY conveyancing: Do it at your own risk!
Buying a land or house is a very serious process. Either you can carry forward with the conveyancing on your own or seek the help of a third party for the same. There are many people who are interested in … Continue reading
DIY v/s Professional Conveyancing – Which is the best choice?
Are you planning to buy a new home? It is possibly a ‘dream come true’ for most individuals. You will be spending most of your life time savings to make the huge investment required to buy the property. At this … Continue reading
Help to Buy Equity Loans and Mortgage Guarantee
Help to Buy is a government scheme which was launched in April 2013 to help first time buyers buy property without having to worry about the huge deposits that lenders usually demand. There are two ways to buy under the … Continue reading
Assignment and sub-letting of leased property
Conventionally, a tenant is allowed to dispose his lease, either by sub-letting or through an outright assignment. But the landlord still has the right to exercise control over who shall be allowed to occupy the property. Flat leases In the … Continue reading
Commercial lease agreements and actual usage of the property
Commercial leases also include a provision that disallows the use of property for any purpose other than intended, but this is very difficult to implement. For instance, when shops are let the landlord may want to prevent the property from … Continue reading
Help to Buy: Buy a Home with just 5% deposit
Help to Buy is a government backed initiative to help people buy their own homes. With this scheme, homebuyers no longer need to make huge deposits as down payments. With just 5% deposit, anyone can now buy a home. David … Continue reading
Help to Buy – Overview of Home Ownership Schemes in UK
Home ownership is one of the most cherished dreams of an average Briton. But with high property prices and tough loan requirements, it remains a pipe dream for many. In fact, a study by the Office for National Statistics revealed … Continue reading
Key elements of a lease agreement
A lease begins with the words ‘This lease’, followed by the date of grant of lease, and the names and addresses of the parties to the contract. The date of grant of lease is the date when transaction is completed. … Continue reading
Approving the draft lease – the tenant’s solicitor
After receiving the draft lease from the solicitor of the seller, the tenant’s conveyancing lawyer should go through the contents of the entire document and wherever necessary amend it to protect his client’s interests. This includes checking whether the document … Continue reading
Land Registry-prescribed clauses for leases
The Land Registry has prescribed a form of lease that was to be used in all cases where the lease can be registered. This was done to ensure that leases can be easily registered, and also to facilitate electronic conveyancing … Continue reading
Drafting a lease by landlord’s solicitor
The draft lease should be prepared by the landlord’s solicitor. Usually, conveyancing firms shall use their own precedents or rely on other precedents to draft a lease. Both of these are usually available in a word-processable file. Although the precedent … Continue reading
Why are precedent leases so long?
It is common for long-term residential leases and commercial leases to run up to 100 pages or more. This is due to the fact that the lease has to describe in detail the relationship among the parties concerned for the … Continue reading
Transfer deed and deed of assignment
Legal title for a property should always be transferred by a deed, irrespective of the fact that transaction is an assignment of lease, or sale of freehold. The following discusses about the provisions related to the transfer of an assignment. … Continue reading
Leasehold conveyancing: Deducting different types of titles
This article discusses about deducing the title in the case of properties that are registered with absolute title and those that are registered with a good leasehold title. Lease registered with absolute title Both SC and SCPC stipulate that the … Continue reading
Assignment of lease and landlord’s concent
It is known that the landlord should consent the assignment of a lease. But what is the process followed in doing so, and is he allowed refusing consent without reason? The following discusses aspects related to the landlord’s consent. In … Continue reading
Responsibilities of buyer’s solicitor in pre-contract stage of leasehold transaction
The buyer’s solicitor helping the buyer for the purchase of a sub-lease has to act in a similar manner as any solicitor would when undertaking the purchase of a freehold. He would have to investigate the title and inspect the … Continue reading
Content of pre-contract package in assignment of lease
This article discusses the contents of the pre-contract package to be provided by the seller’s solicitor. General principles The seller’s solicitor should at least provide the following documents for inspection: a) Draft contract b) Copy of the lease c) Evidence … Continue reading
Pre-contract matters in assignment of lease
With respect to conveyancing a lease, the landlord’s (hereafter referred as seller) solicitor shall require the same information that is required for sale of freehold land. In addition to them, he may also require details of the lease. The investigation … Continue reading
Assignment of a lease by the tenant
This article discusses the provisions related to the assignment of a lease by the tenant. When an existing lease is transferred by the tenant for a sub-lease to a sub-tenant this is called assignment. The tenant who assigns the property … Continue reading
Post-completion steps in leasehold conveyancing
This article discusses the process to be followed in different circumstances after completion of a leasehold transaction. Registration Short leases A legal lease for seven years or less cannot be registered with its own title, but it can take effect … Continue reading
Completion process of leasehold conveyancing
In addition or in substitution to the issues relevant to a freehold transaction, a landlord receives the following; a) The counterpart lease executed by the tenant b) Any premium that is to be paid for the grant c) Any apportioned … Continue reading
Grant of lease: Apportionment of rent
The tenant is required to pay a proportionate amount of rent that is calculated from the date of completion and extends up to the next rent collection date, unless completion takes place on the day when the rent is due. … Continue reading
Grant of lease: Engrossment and execution of the lease
A lease is often prepared in two identical parts; the lease and the counterpart. While the lease is executed by the landlord, the counterpart is executed by the tenant. Upon completion, these are exchanged so that each party has a … Continue reading
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