HS Legal Solicitors is committed to providing clarity in its pricing and service in accordance with the SRA Transparency Rules.

Debt Recovery - Fixed Fee:

Most claims for less than £10,000 are likely to be allocated to the small claims track of the County Court. If the debt is above £10,000, any court proceedings are likely to be allocated outside the small claims track, which means that more complicated procedural rules will apply, and there is a risk you may be ordered to pay your opponent’s costs if unsuccessful or where you have acted unreasonably. Before proceeding with a claim, we will consider the merits of your case so that we can advise on the risks.

For undisputed contractual debt claims less than £100,000, we provide a fixed fee service as set out below. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary. For debts above the value of £100,000, please contact us for a fee estimate.

It is worth bearing in mind that if a debt is undisputed, the reason it is not being paid may be that the debtor is unable to pay. In such circumstances, it may not be worth incurring the cost of pursuing the debt at all. Cases where the debtor is able to pay, is not disputing the debt, but is still not willing to pay are comparatively rare but occasionally arise; the below fixed fees apply to those sorts of cases. For undisputed contractual debts (i.e., where money is due from one party to a contract to another in circumstances prescribed under the contract and there has not been any indication from the debtor that it disputes the debt), the following fees apply:

Letter before claim:

Before commencing legal proceedings, the Civil Procedure Rules require a prospective claimant to set out its claim in a letter to the prospective defendant, explaining the amounts owed and the contractual basis for demanding payment. The amount of detail required in such a letter will vary depending on the value of the claim. Our fees to prepare a letter before claim are as follows:

Preparing and issuing court proceedings:

If we do not receive a response to our letter before claim, we can then proceed to draft legal proceedings against the debtor. If the debtor indicates that it contests the debt at this stage (even if the dispute is spurious), this will fall outside the scope of our fixed fee service, and our usual hourly rates will apply. Where the debtor does not contest the claim, our fees to prepare and issue court proceedings are set out below:

Our charge for the issue of court proceedings is based on the value of the claim.

Please note that all costs are inclusive of VAT. However, the charge detailed in the table directly below excludes court fees (which are set out separately herein) and other small disbursements incurred.

* Please note that only fixed costs are recoverable on entering default Judgment details of which can be found in Part 45 – Fixed Costs contained within the Civil Procedure Rules https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs .

** These are the same as recoverable on entering default Judgment.

Court Fees:

In addition to our fees, a court fee will also be available, and you can find more details of that on the Courts and Tribunals Service website https://www.gov.uk/government/publications/fees-in-the-civil- and-family-courts-main-fees-ex50 .

In summary, the following may apply:

Examples of Fee Structures:

Example A

If your undisputed debt claim is worth £2,000, we would charge £180 (inclusive of VAT) to prepare a letter before claim. If the debtor does not respond to that letter, our further fees (in addition to preparing the letter before claim) to issue proceedings will be £360 (inclusive of VAT). This means that our charges, up to the issuing of proceedings, would total £540 (inclusive of VAT). In addition to our charges, there will be a court fee in the sum of £115.

Should the debtor fail to file a defence in response to the claim, our additional fees for judgment in default will be £26.40.

Example B

If your undisputed debt claim is worth £30,000, we would charge £360 (inclusive of VAT) to prepare a letter before claim. If the debtor does not respond to that letter, our further fees (in addition to preparing the letter before claim) to issue proceedings will be £360 (inclusive of VAT). This means that 

our charges, up to the issuing of proceedings, would total £720 (inclusive of VAT). In addition to our charges, there will be a court fee that is calculated at 5% of the value of the claim.

Should the debtor fail to file a defence in response to the claim, our additional fees for judgment in default will be £36.

How long will my matter take?

Letter before claim:

If you are sending a letter before claim to a business, the timescale provided to the debtor to make payment will be 14 days, unless the matter is complex.

If you are sending a letter before claim to an individual, the timescale provided to the debtor to make payment will be 30 days.

Issue a claim:

Once the above timescale has elapsed, you may wish to issue a claim against the debtor. This will provide them with 14 days, once service has been effected, to respond, after which time default Judgment may be entered. Once default Judgment has been obtained, the method of enforcement chosen will determine how long the matter will proceed.

Exclusions:

These fees are only relevant to undisputed debts where the matter is not urgent or complex. We are happy to provide a fee estimate for dealing with a disputed claim or where there may be a need to take urgent action (such as urgent freezing injunction or other interim remedy). As each case is very different, we would need to find out more before giving that estimate. Where what appears to be an undisputed debt is challenged, we will provide a fee estimate for advising and dealing with any defence and counterclaim.

The above fees also apply only to undisputed contractual debts. Where there are questions over whether a contract has been entered into debts under such agreement, will fall outside of the scope of our fixed fee service. By undisputed contractual debt, we mean an amount that is due in accordance with the terms of a contract. Where you are seeking damages for breach of contract (e.g., where services fell below the contractual standard and the other party suffered a loss as a result), or if you are not able to determine who the debtor is, then this is not an undisputed debt claim, and therefore falls outside the scope of our fixed fee service. We are, however, happy to discuss your claim with you, and even if it falls outside the scope of our fixed fee service, we may be able to assist you at our usual hourly rates.

The fixed fee service is also limited to the procedures set out above (namely, debt recovery by virtue of a letter before claim and issuing a civil claim. Where other proceedings, such as adjudication, arbitration, expert determination, or mediation, are required to pursue a debt, this will fall outside of the scope of our fixed fee service, but please give us a call to discuss what we may be able to do to assist you. Likewise, it does not include the costs of any enforcement action that might become necessary.

Our fees (where the fixed fees above do not apply) are chargeable by reference to the amount of time we spend dealing with your case at our hourly rates, which range from £150 plus VAT to £390 plus VAT (totalling between £180 and £468 per hour) dependent upon seniority. The seniority of the member(s) of staff dealing with your case will depend on its complexity. We will discuss this with you when you instruct us and as applicable.

We always advise on settlement options and encourage clients to settle whenever possible because the cost of dealing with a disputed claim through to a trial process can result in costs escalating.

If you and the debtor agree that the debt can be paid by instalments, we will expect you to receive and monitor those instalments accordingly. If you would like us to do so, there will be an additional charge.

Our Team:

Our team of commercial matters/ debt recovery solicitors has years of experience in dealing with debt recovery (uncontested or otherwise). Our Solicitor Mr Jawad Mahmood heads up a team of trainee solicitors and four Assistants. Mr Jawad Mahmood has been working in this area for more than 14 years.

You will be allocated a dedicated Dispute Resolution fee earner. Regardless of who works on your matter, they will be supervised by Mr Jawad Mahmood.

Privacy policy: your privacy is important to us. Please find abridged version of our privacy policy below. Please click here to read our full privacy policy notice.

1 – Scope

All personal data that is collected, is done so in line with GDPR requirements.

2 – Responsibilities

Employees and staff of HS Legal Solicitors who interact with data subjects, are responsible for ensuring this notice is drawn to the data subject’s attention.

3 – Who are we?

HS Legal Solicitors is an established friendly and professional Law practice. We provide extensive legal services in several areas including Residential and Commercial Conveyancing, Immigration & Asylum, Family Law, Civil Litigation and Commercial Law. The firm is comprised of knowledgeable and experienced Solicitors and efficient support staff.

3.2 – Consent

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Whenever we ask for sensitive personal data, we will always tell you why, and how the information will be used. You may withdraw consent at any time by completing a Data subject consent withdrawal form which will be provided on request.

3.3 – Disclosure

HS Legal Solicitors will pass on your personal data to third parties, where it is relevant to your legal matter. You will have given your consent on instruction. We will not pass on your details to any third parties for marketing purposes.

3.4 – Retention Period

HS Legal Solicitors will process personal data for as long as your file remains open; and will store the personal data for a minimum of 6 years.

3.5 – Your Rights as a Data Subject

While we are in possession of, or processing your personal data, you, the data subject, have the Right to:

• Be forgotten – in certain circumstances you can ask for the data that we hold about you to be erased from our records.
• Restriction of processing – where certain conditions apply to have a right to restrict the processing.
• Object – you have the right to object to certain types of processing such as direct marketing.
• Object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
• Judicial review – if HS Legal Solicitors refuses your request under rights of access, we will provide a reason why. You
  have the right to complain as outlined in clause 3.6 below.

You, the data subject, also have the Right of:

• Access – you have the right to request a copy of the information that we hold about you.
• Rectification – you have the right to correct data that we hold about you that is inaccurate or incomplete.
• Portability – you have the right to have the data we hold about you transferred to another organisation.

3.6 – Complaints

You have the right to complain about how your personal data is processed; as well as how a complaint has been handled by HS Legal Solicitors. If you wish to lodge a complaint you have the right to so directly with the supervisory authority; as well as HS Legal Solicitors’s data protection representative, Mr Jawad Mahmood.

4 – Online Privacy Statement

At HS Legal Solicitors we collect and process information via our website and email, in relation to prospective clients. This also includes the use of anti-money laundering regulations.

Information About Our Cookie Policy and Usage

Interested in our cookie policy but short of time? Here’s what we think you need to know…

We DO NOT use cookies to…

• identify individuals (and never will).
• store personal information.

We DO use cookies to…

• make our website easier for you to use.
• prevent our forms being used to send spam-email.
• monitor usage so we can spot trends and make improvements.

The Details

Our cookie policy and their usage are necessary for the smooth functioning of our website. We do not believe that they pose any threat to your personal privacy or online security.

We also recommend that you allow cookies. If you disable them, some of the interactive functions of the website will not operate. For example, data submission via forms, as well as user-registration, and user login.

Furthermore, this website also uses non-essential cookies for analytics and to monitor our website performance.

To find out more about cookies, what they are, how they function and how you can control cookie settings on your device, please visit: https://ico.org.uk/your-data-matters/online/cookies/

HS Legal Solicitors is committed to providing clarity in its pricing and service in accordance with the SRA Transparency Rules.

Fees for our legal services 

We have set out below our average fee estimates, covering some of the most common types of immigration applications. 

The costs for the various applications can vary depending on your circumstances, including where you currently live, your previous immigration history, whether you have access to the correct documentation in a timely manner, the amount of supporting evidence we have to review and time to prepare the application.

Additional factors you need to consider are the Home Office processing times, whether you will be interviewed and in the event of your application being deferred for consideration by a more senior Caseworker at the Home Office.

The immigration rules in the UK are complex and subject to frequent changes.

Value Added Tax (VAT)

VAT is a tax added to most products and services sold by VAT-registered businesses. In the UK, the VAT rate is 20%. The fees listed do not include VAT at 20% which you will incur in most cases.

What our services include

When you instruct HS Legal Solicitors in connection with any of the visa types as listed below, our services include:

• discussing your circumstances in detail and advising on the Immigration Rules and your eligibility in relation to the relevant application
• considering whether any other options are available to you
• completing the application documentation
• providing you with a comprehensive checklist outlining what documents are required in support of your application
• reviewing supporting documentation provided by you and advising if additional evidence is required*
• preparing a covering letter containing legal submissions in support of your application and submitting the application on your behalf
• preparing further template documentation where required
• coordinating Home Office application appointments where necessary
• liaising with the Home Office in relation to your application if the need arises
• giving you advice about the outcome of the application and any further steps you need to take.

*the time this will take depends on the number of documents, whether they need to be translated, whether anything is missing and how long it will take to obtain any missing documents. 

Please note that we also offer advice or assistance in relation to appeals. Our appeal services are not included in the fees above but we can discuss fee estimates for this with you separately.

All of the types of visa applications below must be supported by the relevant documentation and presented to the Home Office in accordance with their guidelines. We will ensure that you receive clear instructions on the type and format of the documentation and whether any of the documents need to be attested or translated.

If you need assistance to obtain certain documents, such as a letter from your bank or medical records, we will contact the provider and arrange to obtain the documentation.

Fixed Fee Arrangements

In many cases for the visa applications listed below, once we have reviewed your circumstances and satisfied that you are eligible to apply, we charge for our service on a fixed fee arrangement. This means that even if the work on your application takes longer than initially anticipated there will be no additional charges unless there is a significant change to your circumstances or instructions.

 Our hourly rates

These fees are calculated by reference to our hourly rates which vary depending on the experience of the lawyer carrying out the work. 

Our hourly rate ranges from:

• £450 +VAT @20% for a Partner
• £350 +VAT @20% for a Solicitor
• £220 +VAT @20% for a Paralegal

When we commence working with you, you will be advised of the fee estimate at the outset.

Immigration services: our fixed fee charges

Please note that these are standard fees for standard services. Complex applications may be subject to a different fee structure. Please call us for details or to discuss your specific requirements.

Immigration disbursements

Disbursements are costs that are payable to third parties, such as visa fees. 

As with our fees, the below disbursements exclude VAT. We have marked where VAT at 20% may be chargeable but we will confirm whether VAT is payable when you instruct us.

Home Office costs

Any Home Office and official fees for submitting the application. These vary depending on the type of application you are making. 

Please see the following link for further information: https://www.gov.uk/government/publications/visa-regulations-revised-table

Expert witnesses costs 

Fees of independent expert witnesses where required. The cost of the expert witness may also incur VAT at 20%. 

Costs for interpreters/translations 

In the event that you will need the services of an interpreter or your documents need to be translated, we will confirm the costs of the service. Interpreter fees vary depending on what language you speak and the amount of time spent by the interpreter. The cost of the interpreter may also incur VAT at 20%.

Translated documents

The Home Office will only accept documents that have been translated by a specialist company, which means you will incur costs for translating documents and you may also incur VAT at 20%.

Counsel fees

Counsel’s fees which may be incurred for ad hoc advice on complex issues, or representation either before the Home Office or Tribunal hearings. The average hourly rate for Counsel is £250-£450 per hour depending on the level of experience, knowledge and skill. In most cases Counsels fees also incur VAT at 20%.

Travel & accommodation costs 

We are regularly requested to meet our clients in person when they are applying from outside the UK. In addition to our fees, we charge for flight and accommodation expenses.

Timescales for immigration services

Once your application has been submitted to the Home Office, our work is to liaise with the Home Officials on your behalf until a decision has been made and your documents returned. Unfortunately for certain types of applications such as Long Residency and Discretionary Leave, the processing times can take 6 – 9 months, and other types of application normally take 3-6 months.

Our Team:

Our team of Immigration/Asylum solicitors has 19 years of experience in dealing with Immigration and Asylum matters. Our Solicitor Mr Jawad Mahmood heads up a team of trainee solicitors and four Assistants. Mr Jawad Mahmood has been working in this area for more than 19 years.

You will be allocated a dedicated Immigration caseworker. Regardless of who works on your matter, they will be supervised by Mr Jawad Mahmood.

Our residential conveyancing fees are itemised in all quotes generated via the following link:

Please click here to obtain a quote – conveyancing quote.

HS Legal Solicitors is committed to providing clarity in its pricing and service in accordance with the SRA Transparency Rules.

Anticipated Disbursements:

Disbursements are costs related to your case that are payable to third parties or otherwise incurred by us on your behalf. We require advance payment for all disbursements and will then make payment of the disbursement on your behalf. The disbursements that are likely to arise in residential conveyancing transactions and are excluded from the range of our legal fees as set out above are:

Purchase:

*These fees vary from property to property and can occasionally be significantly more than the ranges quoted above. We can give you an accurate figure once we have sight of your specific documents.

Sale:

Leasehold Purchases:

In addition to the anticipated disbursements for a purchase, as noted above. Please note that you are expected to pay further charges. We will only be able to inform you of the exact costs once we have had sight of the lease and management pack. To give you an indication of the additional charges and costs, these are:

For Transfer of Equity and/or Re-mortgages, the disbursements are similar to those above. For a full breakdown of all costs, please contact us.

Stamp Duty or Land Tax (on purchase):

This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC's website, or if the property is located in Wales, by using the Welsh Revenue Authority's website: https://www.gov.uk/stamp-duty-land-tax/residential-property-rate

Stamp Duty Land Tax is calculated differently if it is a first-time buyer or if it is a second home or a buy to let.

Land Registration Fees:

This depends on the purchase price of your property and whether the property is already registered at the Land Registry. You can calculate the amount you will need to pay using HMLR’s website: https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

Key Stages of the Process:

Purchase:

The precise stages involved in the purchase of a residential property vary according to the circumstances. However, these are some key stages:

1. Take your instructions and give you initial advice.
2. Check finances are in place to fund the purchase.
3. Receive and advise on contract documents.
4. Carry out searches, if required.
5. Make any necessary enquiries of seller's lawyer.
6. Report to you on the contract, title documents, search results, mortgage, and replies to enquiries received.
7. Prepare the Transfer Deed and Land Transaction Return.
8. Peruse and deal with the conditions of any mortgage offer, and report to your mortgage lender where necessary.
9. Send you any documentation for signature.
10. Agree completion date (date from which you own the property).
11. Exchange contracts and notify you that this has happened.
12. Arrange for all monies needed to be received from your lender and you.
13. Complete purchase.
14. Deal with payment of Stamp Duty Land Tax.
15. Deal with application for registration at Land Registry.
16. Send you the completed registration and any documents that are applicable to your property.

Sale:

The precise stages involved in the sale of a residential property vary according to the circumstances. However, below, we have suggested some key stages that you may wish to include:

1. Take your instructions and give you initial advice.
2. Obtain title documentation relating to the property.
3. Issue the Property Forms and associated documents relating to the property to you for completion.
4. Prepare and despatch the initial contract documents.
5. Respond to necessary enquiries of buyer's lawyer and approve the transfer deed.
6. Advise you on any additional documents we made need to arrange for your transaction.
7. Obtain your approval of the redemption statement, where applicable.
8. Send to you the final contract and Transfer Deed for signature.
9. Agree completion date with all parties (date on which you will need to vacate the property).
10. Exchange contracts and notify you that this has happened.
11. Arrange for monies to be received from buyer’s solicitor.
12. Complete sale.
13. Deal with repayment of your mortgage, where applicable.
14. Deal with the payment of estate agents’ fees, where applicable (see below).
15. Send you the final statement and proceeds of sale.

Estate agent fees:

These are fees you will be required to pay to an estate agent on a sale if you used their services. These are normally paid at completion. We will attend to payment for you after you have approved their invoice. If you instruct us to do so.

How long will my matter take?

In our experience, a straightforward freehold transaction could take between 6 to 12 weeks, and a leasehold transaction should take 8 to 12 weeks from receipt of papers to get to an exchange of contracts.

However, there are several factors which may extend or shorten that timetable, such as the length and security of the chain, delays in receiving essential information from a third party or the other party’s lawyer, problems with the title that may be identified during our investigations and delays in the provision of mortgage offers. Whilst we will do our utmost to assist you in meeting any particular timescale you have, there may be instances where it is not possible to do so because of factors completely outside our control. We will be in frequent contact with you during the transaction.

The period of time between exchange and completion is a matter of negotiation between the parties and may vary from anything between a simultaneous exchange and completion, to several months.

Our Team:

Our team of specialist Residential property lawyers have years of experience in dealing with all types of residential conveyancing transactions. Our Residential property Solicitor, Mr. Aanjaneya Mishra supervises a team of four conveyancing assistants and a paralegal. and has been working in this area for more than 12 years. 

Our lawyers have experience in all aspects of Residential property law and we ensure our knowledge stays up to date, in order to give you the best advice and service possible. We always make sure that junior lawyers and members of staff are supported and supervised appropriately so that the quality of advice and service is not affected, regardless of who is working on your transaction.

To ensure our clients and our potential clients have the information they need to make informed choices about the services offered by HS Legal Solicitor, we set out below a guide to our prices. As a specialist immigration firm, we undertake all types of immigration work and this guide deals largely with the work that we undertake on behalf of members of the public. However, we also provide immigration services to businesses and not all of those services are included in this guide.

We also undertake Asylum applications, Human Rights applications, Human trafficking and Modern Slavery cases. We are also instructed in highly specialised applications which often fall outside of the Immigration Rules, and we are not able to provide those costs in a guide such as this.

Depending on the type of application and the client’s circumstances we may offer a fixed fee or an hourly-rated quotation for our costs. The information below relates to both these circumstances.

All the prices are VAT exclusive and if HS Legal Solicitor is registered for VAT, it would be applicable to the application and you would be informed of the VAT from the outset. This is charged at the prevailing rate and is payable on our fees and on most expenses that we are likely to incur on your behalf. There may be some situations in which VAT is not payable.

These fees represent our professional fees; in other words, this is the amount that we will charge for the legal work that our firm will undertake on your case.

Due to the individual nature of each application, the services provided to each client may differ.

What is not included in the fees?

Any costs which we may incur on your behalf are not included in our professional fees. These can include, but are not limited to the following:

• Payments made to the Home Office on your behalf, such as application fees, Immigration Health Surcharge, submission costs etc.;
• Payments made to third parties on your behalf, such as HM Revenue & Customs, HM Passport Office or to the Land Registry etc.;
• Counsel’s fees. We will provide you an estimate before instructing a counsel.
• Preparing Schedules of Absences from the UK;
• Fees payable to Courts or Tribunals;
• External Translation fees;
• Interpreter fees
• Costs of Experts or Agents instructed on your behalf
• Non-routine postage charges and courier charges;
• Travel and meeting expenses.

We also charge for other services that we can provide on your behalf. This may include:

• Photocopying and print room services;
• Bank charges;
• Document Certification Fees;
• In-house Translation Fees;

Fixed fees

We do offer fixed fees for the majority of the work that we provide and these are indicated as such in this guide. A fixed fee is an agreed fee, which will not be varied up or down, and is not dependant on the application being successful. As set out above, any disbursements or expenses (costs that we incur on your behalf or for the purposes of carrying out our work) are payable in addition to our fees. In the event of your instructions being withdrawn prior to the submission of the application, the fixed fee, together with any disbursements and expenses, will remain payable in full.

We also work on hourly rates. Depending on the work you instruct us to do we may charge by the hour. The rate that we charge, or bill, per hour is dependent on the seniority and expertise of the person undertaking the work. Our hourly rates are:

At the start of each instruction, we will provide an estimate of how many hours we expect to spend working on your matter and we will give you an estimation of the cost. It is very difficult to accurately provide an exact number of hours in advance. However, an estimate of professional fees and any associated disbursements will be provided.
We will give you the best information we can about the likely overall cost of the matter at the outset and at other appropriate times. We will always inform you of who will be working on your case and their hourly rate. Please note, we record and charge for our time in 6-minute increments.

Factors which could increase the overall cost of your case

This applies where a fixed fee is quoted or where the amount charged is based on the hourly rates of the people doing the work for a standard application. Some examples are:

• Unexpected circumstances in your immigration history, personal circumstances, or financial status which we were not aware of at the outset;
• Delays in obtaining the information requested;
• Information provided being inaccurate, out of date, inadequate or requiring translation; or
• Where there are short deadlines.

More complex applications may attract higher fees, and we will always advise you on this.

Factors which could decrease the overall cost of your case

This applies where a fixed fee is quoted or where the amount charged is based on the hourly rates of the people doing the work. Some examples are:

• Where we have undertaken work on your behalf in the past and your immigration history is familiar to us; or
• Where we do multiple applications for the same organisation or family; or
• Where you are able to provide sufficient evidence at our first meeting and clearly meet the applicable Immigration Rules.

Our Fixed Fees

The above fees are inclusive of taking instructions and completing your application and submitting it to the Home Office. However, Home Office decision times vary and we cannot give a specific timeframe in which your application will be decided. The above fees do not include any extra work after a decision has been made by the Home Office and we will agree on further fees if further work is required after the decision.

Residential Conveyancing – Range of Fees

What our residential conveyancing fees include

Our fees cover all of the work* required to complete your transaction, including dealing with registration at the Land Registry for any purchase/transfer of equity and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales. It also includes paying your Estate agents fees (should you instruct us to do so) and redeeming your first registered mortgage (if you have one).

Our residential conveyancing fees are itemised in all quotes generated via the following link. Please note however that this quote WILL NOT include any referral fee which may be due to a third-party introducer, who instructs us on your behalf, if this is the case. Please click here to obtain a quote – conveyancing quote.

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

The level of Stamp Duty you pay depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC’s website, or if the property is located in Wales by using the Welsh Revenue Authority’s website.

If the property is Leasehold, then additional disbursements which we anticipate will apply, are set out separately below. This list is not exhaustive and other disbursements may apply depending on the term of the lease. We will update you on the specific fees upon receipt and review of the lease from the seller’s solicitors.

Anticipated Disbursements*

• Notice of Transfer fee – This fee, if chargeable, is set out in the lease. Often the fee is roughly £75-£250
• Notice of Charge fee (if the property is to be mortgaged) – This fee is set out in the lease. Often the fee is between £75-£250
• Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £150-£300
• Certificate of Compliance fee – To be confirmed upon receipt of the lease, as can range between £150-£300

*These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as this we receive this information.

*Our residential conveyancing fees assumes that:

• This is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction
• This is the assignment of an existing lease and is not the grant of a new lease in the case of leasehold properties
• The transaction is concluded in a timely manner and no unforeseen complications arise
• All parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
• No indemnity policies are required. Additional disbursements may apply if indemnity policies are required

If it transpires that your transaction is not standard, or it becomes unexpectedly complex and more time consuming than expected, then additional fees may need to be charged as shown on the list of additional charges attached, which again is not exhaustive.

Timescales

How long it will take from an offer being accepted until you can move home (or complete your transaction if this is not your main residence), will depend on a number of factors. The average process takes between 6-12 weeks.

It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take four to eight weeks to exchange and depending on the stage of the build three to six months for completion. However, if you are buying or selling a leasehold property that requires an extension of the lease, this can take significantly longer, between three to six months. In such a situation additional charges would apply.

Re-mortgages will generally move faster than a property sale or purchase, depending on the type of lending you are procuring and the lenders requirements. The average process takes around three to eight weeks.

Keystages

The precise stages involved in the purchase of a freehold or leasehold residential property vary according to the circumstances. However, below we have suggested some key stages for your information:

• Take your instructions and give you initial advice
• Check finances are in place to fund purchase and contact lender’s solicitors if needed
• Receive and advise on contract documents
• Carry out searches
• Request a management pack if the property is Leasehold
• Obtain further planning documentation if required
• Make any necessary enquiries of seller’s solicitor
• Give you advice on all documents and information received
• Go through conditions of mortgage offer with you
• Send final contract to you for signature
• Agree completion date (date from which you own the property)
• Exchange contracts and notify you that this has happened
• Arrange for all monies needed to be received from lender and you
• Complete purchase
• Payment of Stamp Duty/Land Tax
• Application for registration at Land Registry
• Deal with service of notice on the Landlord/Management company if the property is Leasehold

The precise stages involved in the sale of a freehold or leasehold residential property vary according to the circumstances. However, below we have suggested some key stages for your information:

• Take your instructions and give you initial advice
• Obtain a copy of your title (and any associated documents) from the Land Registry
• Draft contract documents and issue these to your Buyer’s Solicitor
• Request a redemption statement from your lender(s) (if applicable)
• Request a management pack from the Landlord/Management Company if the property is Leasehold (which will incur a fee charged and set by the Landlord/Management Company)
• Deal with any necessary enquiries raised by the Buyer’s solicitor
• Send final contract (and Transfer once received from the buyers Solicitor) to you for signature
• Agree completion date
• Exchange contracts and notify you that this has happened
• Complete Sale
• The redemption of any mortgage(s)
• Payment of the Estate Agents bill (if you instruct us to do so)
• Payment of any outstanding ground rent/service charge due to the Landlord/Management company if the property is Leasehold (having apportioned this with your buyer prior to completion)
•  Send any sale proceeds to you in the manner you have instructed us to do so.

The precise stages involved in the re-mortgage of a freehold or leasehold residential property vary according to the circumstances. However, below we have suggested some key stages for your information:

• Take your instructions and give you initial advice
• Obtain a copy of your title (and any associated documents) from the Land Registry
• Request a redemption statement from your lender(s) (if applicable)
• Request a management pack from the Landlord/Management Company if the property is Leasehold (which will incur a fee charged and set by the Landlord/Management Company)
• Check the mortgage offer from your new lender and advise on any conditions of the loan
• Agree a completion date
• Request mortgage funds and a final redemption statement for completion
• Complete Re-mortgage
• Deal with the redemption of any mortgage(s)
• Send any mortgage proceeds to you in the manner you have instructed us to do so

This complaints procedure is exclusively for the use of our clients. If you are not a client of the firm and are unhappy with our conduct please see the separate Non-Client Complaints Procedure below.

We strive for excellence and provide a clear and accurate legal service in a timely manner. We also pride ourselves in being friendly, approachable and helpful. Client satisfaction is a priority for us and we want the service you receive to reflect these principles. That is why we welcome hearing from you if you ever believe that our service has fallen short of these objectives

What happens next?

We know it can sometimes be daunting to raise a complaint, but we will never be offended if you do so. Your case or transaction will not be prejudiced by you raising concerns, either. We hope you will not have any reason to complain, but in case you do, you should follow the procedure below.

The time limits for bringing a complaint to our attention are set out in our Terms and Conditions of Business and client letter, namely within six months of the end of the matter on which you instructed us, or within three months of you becoming aware of the circumstances giving rise to your complaint, whichever is later. If you wish to complain about our service after the expiry of these time limits, you may still be able to make a complaint directly to the Legal Ombudsman, but we will not be obliged in those circumstances to consider your complaint under this procedure, and you should contact the Legal Ombudsman to establish whether your complaint falls within the scope and time limits of the Ombudsman’s scheme. Ordinarily, the time limit for making a complaint to the Legal Ombudsman is one year from the act or omission complained of or one year from when you should reasonably have known there was cause for complaint.

First stage

• In the first instance, please raise your concerns directly with the person dealing with your case or transaction by email, post, or over the phone.
• If you feel that it is too delicate for you to raise this directly with them, or they have not addressed all your concerns to your satisfaction, you should raise your concerns with their supervisor. Their supervisor’s name will be mentioned in our engagement letter to you, sent at the beginning of your case or transaction. Alternatively, you may simply ask your lawyer for their supervisor’s name or just call us to request that information.
• If neither your lawyer nor their supervisor can resolve your concerns to your satisfaction, your complaint will reach the second stage.

Second stage

• If you are not satisfied with the outcome at the first stage above you may progress to stage 2 by making a formal complaint to our firm’s director.
• When you do so, please set out as much detail as possible regarding your complaint. You may find the template letter on the Legal Ombudsman’s website useful (http://www.legalombudsman.org.uk/). We prefer to receive your complaint by post or email, as we can then make sure we reply to all the points you raise.

HS Legal Solicitors

7a Magdalen street

Colchester

CO1 2JT

Email- info@hs-legal.co.uk

Phone-01206500181 

We will acknowledge receipt of your complaint within five working days.

• We will tell you how long it will take us to investigate your complaint. This normally takes around three or four weeks, but it could be less or more (either due to the circumstances of your complaint, illness, or holidays). In any event it should never be more than eight weeks after acknowledging receipt of your complaint.
• We will review your file and if necessary talk to the person dealing with your case, their supervisor, in the firm who specialises in the relevant area of law.
• We will send you the result of our investigation by email or post, depending on how you contacted us in the first place or any preference you may have. We may also offer to meet with you to discuss your complaint and resolve it.
• If we agree with you and we find the service you received was not as we would have like it to be, we will work with you to try to find a way to resolve your complaint.
• If we find that your complaint does not support a finding of poor service, we will let you know the reasons why. We will let you know what to do if you are unhappy with our decision. We will tell you whether we agree to using Alternative Dispute Resolution, or whether your complaint can proceed to Stage 3.

Third Stage

• If you remain unhappy, you have the right to complain to the Legal Ombudsman, an independent and impartial body, but you must do so within 6 months of our final letter to you, which we will always make clear when sending our final letter. The Ombudsman’s contact details are:

Legal Ombudsman
PO Box 6806
Wolverhampton WV1 9WJ

Telephone: 0300 555 0333
Email address: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk

HS Legal Solicitors is authorised and regulated by the Solicitors Regulation Authority, The Cube, 199 Wharfside Street, Birmingham, B1 1RN (the SRA). This means that we are governed by a Code of Conduct and other professional rules, which you can access on the SRA’s website (www.sra.org.uk) or by calling 0370 606 2555. Our SRA registration number is 630538. If you believe that we have behaved dishonestly, illegally, or in breach of the SRA’s principles, you can complain to the SRA using the details provided above.

Non-Client Complaints Procedure

If you believe that we have behaved dishonestly, illegally, in breach of the SRA’s principles, or for some other reason you are dissatisfied with our conduct and you are not a client of this firm, you should raise the subject of your complaint with the person with whom you are dealing, or against whom the complaint is made, and if your complaint is not resolved to your satisfaction at that level, you should email info@hs-legal.co.uk or write to us with details of your complaint as follows:

HS Legal Solicitors

7a Magdalen street

Colchester

CO1 2JT

Email- info@hs-legal.co.uk

Phone-01206500181 

The time limits for bringing a complaint to our attention are within six months of the event giving rise to your complaint or within three months of you becoming aware of the circumstances giving rise to it, whichever is later. If you wish to complain about our service after the expiry of these time limits you may still be able to make a complaint directly to the the SRA, but we will not be obliged in those circumstances to consider your complaint under this procedure, and you should contact the SRA to establish whether your complaint falls within the time limits of the SRA complaints procedure.

We will let you know within 14 days of receipt of your complaint in writing how and in what timescale we propose to deal with your complaint, depending on its nature, and in most circumstances, we would expect that timescale not to exceed 28 days. Depending on the nature of the complaint and against whom it is made, it may be considered by a Director,  in the firm, who in each case will not be the same person as the subject of the complaint. At any stage, if you are unhappy with the way in which we deal with your complaint you may ask the SRA whether they will investigate your complaint.  Both addresses are contained in the Client Complaints Procedure above. If you are legally represented in the matter giving rise to your complaint, please note that we will only correspond with your solicitor.

FAQs about Independent Legal Advice

Can HS Legal Solicitors give Independent Legal Advice when they are acting on the Purchase of the property?

No, that is not possible. It is a conflict situation.

I am aware I am required to sign a Guarantee Certificate. Can the Solicitor advising witness it on the video call?

We have to look for requirements of your lender

If the Solicitor witnesses the signature of the Director to the Guarantee then how is this done?

The witnessing may be done in person. Some Lenders may accept video link and some will not. 

What about the Certificate of Advice?

Practice varies between different lenders. 

What are your Identification Requirements?

We will require photographic ID as a Passport, Driving Licence or Identity Card if the Director is from a country that issues them. 

Do HS Legal have any other forms that they will want a Director to complete?

They will require the Director to complete a confirmation of Advice form to confirm the advice has been given and accepted.

Can HS Legal give advice on all Lenders Independent Legal Advice Certificates.

We can give advice on an ILA Certificate for almost all Lenders. These include but are not limited to The Mortgage Works, Precise Mortgages, Paragon, Molo and LendInvest.

What is the main purpose of a Director’s Guarantee?

The main purpose is for the Director to guarantee that he/she will fully guarantee all obligations of the Limited Company and in all circumstances. The main obligation is to pay the loan taken out if the Limited Company does not pay but this Guarantee means the Director is liable for all obligations.

If more than one Director signs a Guarantee how is liability divided between them.

They are liable under the concept of joint and several liabilities. This means that both are liable for the whole debt. So if one were to default, wholly or in part, and the Company did not pay then the other Director would have to pay all sums due. They are also jointly liable between them for the entire debt owed.

Can you explain what is in the Personal Guarantee that Directors are required to give?

The format of a Personal Guarantee will differ between different Lenders. However, there are matters they will have in common. The most important thing is that they will contain a commitment by the Director to be responsible for all debts and other liabilities of the Limited Company. That commitment will be stated to be joint and several. In other words joint with other Directors if any. And then several meaning that even though there may be other Directors, the Director giving the Director is totally liable if other Directors do not pay.

What is the extent of the Directors liability for the debt?

It will be stated to be the original debt owed, plus interest owed, plus all costs, and less any sums actually paid. That is with some lenders but some lenders demand unlimited liability including for all obligations.

How are possible defences that the Director or Guarantor might have dealt with?

A feature of all Personal Guarantees is that they will set out a list of possible defences. Then having set out the list there will be a statement that those defences are removed. By signing the Guarantee the Director agrees that he/she cannot rely on the defences set out.

Why do Lenders require Directors of Limited Companies to have Independent Legal Advice when giving Personal Guarantees?

The purpose for the Lenders is that, if the Director disputes the Guarantee, the Lender will produce the Certificate of Advice by Solicitors and state that the Director is bound by the advice. The Director has been declared to be fully aware of what he/she has guaranteed, that is the Company debt to the Lender and any other commitments.

Is the debt owed by the Directors, should the Company default, secured or unsecured on property.

The Company Debt is secured of course on the property in question. However the Directors individual debt, should the Limited Company default, is unsecured on any property.

If a Guarantee is given by a Director how long will it last for?

Some Personal Guarantees do allow for early release. In practice though and generally a Director must expect to be bound for the duration of the Mortgage and will only be released when the Mortgage is paid in full, whether on the sale of the property, or on remortgage of the property.

If a Director is in financial difficulties will he/she be accepted as a Guarantor?

Fairly self evidently that is unlikely and that could of course reflect on the Company itself. The Personal Guarantee may well contain a statement by the Director that he/she has no financial difficulties.

The Personal Guarantee contains reference to the fact that the Director is liable for the Companies liability for Lenders Costs in respect of the Mortgage should the Company default. Can you provide more details.

These will be contained in the Lenders Mortgage documents sent to the Company. These will though include the cost of enforcing any debt and repossession and could be quite substantial.

Do you advise on Sole Proprietor, Joint Mortgage situations?

Yes we do

What is the advice that you will give in these situations.

The advice that Lenders will ask HS Legal to give will be to advise individuals taking on a joint mortgage of the risks involved against the fact that person will have no benefit at all. The risks are all those involved with being a Mortgagor. So obviously the possibility of being responsible for the debt and other liability under the Mortgage. And then the risk of Court Action being taken if payments are not made.

Residential Property Solicitors HS Legal Solicitors deal with all aspects of residential Freehold and Leasehold conveyancing, re-mortgaging, property transfers of equity and equity release schemes. Call us on 01206500181 or contact us online and we will call you.

Buying a residential property can be a daunting process, no matter what the property law transaction. We pride ourselves on making your transaction run as smoothly and as stress-free as possible.

Our friendly conveyancing team are here to answer any questions that you may have. Unlike some law firms, we do not believe in a “team” approach but believe that the personal service we offer is better for you. You should be able to speak to your Solicitor each time you contact us so that any questions you have can be answered straight away.

Legal Aspects to Consider when Buying a Property

If you are buying a house, you should be aware of a range of legal aspects that may affect that property.

Legal advice on buying a residential property:

• The Property Buying Process
• Property Searches
• Legal Considerations
• Tax Issues

The Property Buying Process

The day on which you pay the money and move into the property is called the “completion date”. To enable you to make the financial arrangements and arrange for moving at some time before completion, a deal is struck whereby the price and date and the machinery of completion are agreed.

This is done formally by document and is called “exchange of contracts”. Until that date, either party is free to withdraw from the transaction with impunity.

And please before buying a house note:

• The seller is obliged only to take reasonable care of the property.
• You have to pay part of the purchase price to the sellers’ solicitors. This “deposit” will probably be forfeited if you fail for whatever reason to complete. It is therefore vital that before we exchange you are confident that you will complete.

Property Searches

In order to protect you and your lender, we are required to carry out searches on the property you are proposing to buy. These include:

• The local land charges register, which details any obligations owners to have to the local authority or government. Once a search is completed you will receive an official search certificate.
• Other local authority records, such as planning decisions, road building proposals and rights of way. You should check how wide an area the search covers and, if possible, look around for yourself or check the internet. It is often the slowest part of the transaction, apart from securing the mortgage offer.
• Drainage and water services to the property detailing whether wastewater goes into a public or private sewer.
• The environmental search, which investigates whether the property is on contaminated land or at risk from other environmental factors, such as flooding and subsidence.
• An optional planning search with details of local planning applications, the location of nearby phone masts and general information about the area, such as council tax bands and local amenities.
• An optional chancel checks search to find out if the property is at risk from a potential Chancel repair liability (repairs to the local church).

Once positive replies to the above questions have been obtained we will then be in a position to exchange, provided you are able to send us the monies to fund the deposit payable on the exchange.

Legal Considerations when Buying a Property

The time of buying a house is probably the time to re-consider your Will and Inheritance Tax issues generally. We have a dedicated team who can advise you on these matters and this could save you problems later on.

Tax Issues when Buying Residential Property

If, should you eventually sell the property, it has risen in value, you may have to pay Capital Gains Tax on the difference between what you receive for the property and what the property cost to acquire, improve and sell, after allowing for inflation. If the house is your main residence then no Capital Gains tax is chargeable at all, but you should bear in mind that you are only entitled to have one main residence.

Call our Residential Property Solicitors on 01206500181