Residential Property

Buying and Selling

Whether you’re buying or selling a property, Setfords Solicitors provides a tailored, efficient and stress-free service.

To achieve this we:

• Consult with our clients at the outset and take full, detailed instructions so that we clearly understand your requirements to avoid delays during the transaction
• Utilise the most up to date technology
• Work as a team to swiftly progress each matter
• Regularly update our clients and other parties involved in transactions

Our highly experienced team of conveyancing solicitors act for a wide range of clients, including first time buyers taking their first step on the property ladder, high net worth individuals buying and selling high value property, and seasoned buyers building or selling their property portfolio.

We therefore appreciate that different clients have different needs and in order to meet your needs we personally tailor our service every time to suit you.

Property Litigation

Setfords Solicitors are specialists in Property Litigation. We have expert solicitors who undertake, and are able to advise on, the full range of commercial and residential property disputes, including:

• Neighbour and boundary disputes
• Adverse possession (for claimants and defendants)
• Disputes in respect of rights of way, prescriptive rights and easements
• Disputes involving restrictive covenants
• Right to light and party wall disputes
• Claims in respect of property development projects and litigation involving ransom strips
• Disputes involving conditional land contracts, option and overage agreements
• Claims against property professionals such as solicitors, builders and surveyors
• Nuisance and trespass claims
• Possession claims

At Setfords Solicitors we regularly advise a broad range of clients, including:

• Landlords
• Tenants
• Developers
• Property Management Companies
• Public Bodies

No matter the size of organisation, we have solicitors that will be able to offer you expert advice. Our experienced solicitors can be trusted to act with all the diplomacy and sensitivity you would expect when dealing with difficult dispute matters to come to an acceptable solution.

In cases where it is possible that a dispute can avoid going to court, we know that early intervention is preferable. However, we also know that this is not necessarily the best way to guarantee an acceptable settlement. At Setfords Solicitors our expert solicitors understand the need to act quickly in order to protect our clients’ interests and will efficiently guide you through the entire process with minimal fuss. We have experienced advocates and will represent you in court hearings when necessary. We also have superb working relationships with specialist barristers who we work closely with when appropriate.

Alternative dispute resolution (‘ADR’) is often an appropriate method of resolving property disputes, and we will advise you fully in this respect. Whilst each individual case will be different, ADR can often bring an early conclusion to a property dispute and, if successful, it will be more cost-effective than proceeding to trial. We can organise, arrange and represent you in relation to various forms of ADR such as mediation, expert determination and arbitration.

Leasehold, Enfranchisements & Tenancies

Under the the Leasehold Reform Housing and Urban Development Act 1993  residential leaseholders have various rights that may enable them to:

• Extend their lease or vary its terms
• Collectively buy their freehold with other leaseholders in the building
• Take over the management of their building

The law in this area is complex and certain qualifying criteria must be met before an application can be made. It is essential to the process that the strict time limits are complied with and so prior preparation before notices are served is always required. It is therefore important to obtain specialist advice. At Setfords we aim to provide this advice to clients or groups of people interested in pursuing their rights.

Our service includes:

• An initial consultation over the phone to discuss your individual circumstances
• Practical advice, as well as legal, on the best way to proceed
• We have contacts with valuers and surveyors who can assist in your matter
• We have the ability to deal with transactions of any size from individual lease extension applications to large group freehold acquisitions

Building Safety Act 2022 (BSA)

The Building Safety Act 2022 (BSA) is a significant piece of legislation that came into force on 1 April 2023. It aims to improve the safety of high-rise buildings, such as blocks of flats.

The BSA only applies to ‘relevant buildings’ – those that are at least 11 metres or 5 storeys tall, contain at least two dwellings, and are not leaseholder-owned.

As the BSA is still new, finding an expert conveyancer to deal with your sale or purchase is not always straightforward. At Setfords, many of our conveyancers have the expertise needed to deal with this challenging area, giving you peace of mind and ensuring your transaction progresses smoothly wherever possible. Our lawyers prioritise continually learning about the Act and how it can impact conveyancing transactions.

If you think your transaction may be impacted by the Building Safety Act 2022, please get in touch to learn more about how we can assist you.

Buy to Let

We have considerable experience in dealing with ‘Buy to Let’ transactions and have an excellent reputation in this field due to our breadth of experience.

We deal with both companies and individuals. Some are just starting to build their portfolios while others are seasoned investors.

Our services include:

• Early assessment of legal paperwork to assess suitability of properties for investment
• Relevant searches and enquires are raised
• Reports on title prepared
• Registration of clients’ interest at H.M Land Registry
• Bespoke tenancy agreements prepared

We also advise our clients of the regulations they need to comply with as landlords including information on houses in multiple occupation and ‘Tenancy Deposit Schemes’. Please see our guide to buy to let for further information.

Remortgaging

Remortgaging your property is now a regular event and usually occurs every 3-5 years. This may be to take advantage of changes in interest rates or to release equity. Whatever the purpose of your remortgage, we are able to offer a fast and efficient service.

Our services include:

• Working quickly to ensure the re-remortgage completes in time.
• Discharging all costs during the transaction, including broker fees, so that clients do not suffer any unnecessary administration post completion
• Forwarding any balance of funds directly to our clients’ nominated account on the day of completion

Should you wish to obtain a detailed breakdown of the likely costs please email us.

Auctions

We have considerable experience in acting for both buyers and sellers with auction properties.

Our services include;

• Preparing pre-auction reports on title covering contract terms and searches and any other documents made available prior to auction
• Acting quickly to ensure clients receive reports and advice in the best possible time frame
• Completing the necessary registration formalities with the Inland Revenue and the Land Registry

Equity Release

Our specialist lawyers have the experience to work with even the most complex equity release cases.

Equity release allows homeowners aged 55+ to access some of the cash tied up in their homes. There are two types of equity release, lifetime mortgage and home reversion plans.

If you are going through the equity release process, you will need independent legal advice. This is where our solicitors can help you. Your solicitor will advise you to make sure that you understand the implications of the equity release plan, and that you are fully educated on the potential risks and rewards. They will also advise you on your legal obligations.