The Questions Every Property Investor Should Ask Their Solicitor

For seasoned landlords and first-time investors alike, purchasing residential property in the UK is not simply about bricks and mortar, it’s a legal transaction laced with complexity. Solicitors play a crucial role in steering deals to completion, yet many investors don’t take full advantage of the expertise they’re paying for. Asking the right questions early can help avoid costly oversights.

For seasoned landlords and first-time investors alike, purchasing residential property in the UK is not simply about bricks and mortar, it’s a legal transaction laced with complexity. Solicitors play a crucial role in steering deals to completion, yet many investors don’t take full advantage of the expertise they’re paying for. Asking the right questions early can help avoid costly oversights.

First, establish the basics. Is the property’s title clean? Are there contracts, rights of way, or unresolved disputes that could affect its use or value? If the property is leasehold, increasingly common, especially in urban flats; how long is the lease, and are there any tedious ground rent or service charge clauses that might deter lenders or future buyers?

For investors eyeing up rental returns, tenant status is something you’ll need to note of. Will you acquire the property with tenants already living in the property?  or with vacant possession? If tenants are staying, scrutinise the Assured Shorthold Tenancy (AST) agreements. Are deposits protected? Are there arrears or legal disputes? These aren't just box-ticking exercises, they affect your income stream and your obligations as a landlord.

It’s also wise to ask whether the property requires, or will in future require, a House in Multiple Occupation (HMO) licence. Councils vary in their rules, and non-compliance can lead to hefty fines. Similarly, confirm that the building complies with letting regulations: energy performance (EPC), gas safety, and electrical checks (EICR) must all be in order before any tenancy begins.

Then there’s the matter of structure, not of the building, but of your ownership. Are you buying in your personal name or through a limited company? Your solicitor should understand the tax and legal implications of each route, particularly if you’re financing the purchase through a buy-to-let or commercial mortgage.

Planning and legal searches are another layer of due diligence you should be doing. Ask whether the property has a history of unauthorised alterations or planning disputes. Are there upcoming developments nearby that could enhance or undermine its value?

Finally, press your solicitor on timing and flexibility. Can completion dates be adjusted to suit your finance or refurbishment plans? Is early access possible to carry out surveys or inspections? Crucially, at what point must you have insurance in place, exchange or completion?

In a market that rewards the well-informed, asking sharper questions isn't just good practice, it’s part of the investment strategy. The solicitor’s role is to protect your interests. Make sure they do.

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