Conveyancing is defined as the transfer of legal title of real property from one person to another or the granting of an encumbrance such as a mortgage or a lien. In 2019, the Law Society Conveyancing Protocol was released and it provides details on the best practice in residential conveyancing transactions of freehold and leasehold property in the UK.

The Law Society Conveyancing Protocol is a tool that will help boutique consulting firms effectively achieve the transfer of residential property and aims to provide consistency across transactions. This is believed to improve efficiency.

The Protocol sets out the transfer in six stages, starting with instructions and pre-exchange or the submission of a contract, moving on to steps taken by conveyancing solicitors prior to exchange of contracts as well as the exchange of contracts and ending with the completion and post-completion stages.

Changes have been made to how these security transactions are carried out during the COVID-19 pandemic and the government stated in March that home buyers and renters should delay moving to a new house as much as possible amidst the measures in place to control the spread of coronavirus in the UK.

If contracts have not been exchanged in a conveyancing transaction, law firm UK recommends postponing such security transactions until COVID-19 containment measures are relaxed. However, if contracts have already been exchanged, the Law Society has issued guidelines and law firm UK on how to carry on with these transactions.

After Exchange

The Law Society states that the key issue at every stage is to point out as many of the likely risks, assessing the clients’ appetite for risk and setting out the options available to them as well as the likely consequences of each option. Conveyancing solicitors are also advised to establish whether their client wishes to process and how they wish to do so.

A law firm UK from an organisation like LegalLiaise should include an explanation of all risks, confirmation of the advice in writing, and client acknowledgement of the advice in writing. The Law Society also states that the contract may need to set out how completion may take place in accordance to the requirements of the health authorities. 

In addition to this, if completion does not take place after contracts have been exchanged due to COVID-19, the parties not completing will be in default and contract provision relating to default may apply. Notices to complete, penalty interest, and deposit loss may also apply.

Frustration

If the contract is incapable of being performed due to an unforeseen event which is not the fault of either party, the contract is frustrated. This could be due to restrictions on movement and activity and isolation but will depend on the circumstances of each individual case.

If a contact is frustrated, the provisions relating to rescission may apply but the expectations, assumptions, and responsibilities of the parties must be taken into consideration when determining if a contract is frustrated.

Variations

In the event that contracts have been exchanged but completion has not taken place, care must be taken to ensure a new contract is not unintentionally created if the parties want to vary the contract.

Creating a new contract can have an impact on insurance and if a new contact is formed, conveyancing solicitors will be required to review the standard and special conditions of the new contract.

Undertakings

On struggles to comply with conveyancing undertakings, the Law Society looks at the response given by the Solicitors Regulation Authority. An organisation like LegalAllianz will be required to perform all undertakings given by them within an agreed timescale or a reasonable amount of time if a timescale has not been agreed upon.

Law firm UK for conveyancing solicitors is that they should consider if they can properly implement any undertakings before giving them but in the event that they are unable to comply with an undertaking they have given, the solicitor UK should let their client as well as the other party know as soon as possible.

It is also suggested that conveyancing solicitors add something new to their undertakings to take into account the risk of delay due to the COVID-19 pandemic.

Published date - February 15, 2021