How Long Does Conveyancing Take?
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A buy-to-let solicitor will support you through your conveyancing process, handling all the additional paperwork involved on your behalf.
They can offer you advice and will ensure that everything remains on track and runs smoothly from your offer being accepted through to your completion day.
The buy-to-let process differs from standard conveyancing as it requires a specific mortgage and extra checks.
Here is what you can expect your solicitor to do:
Leasehold Checks and Responsibilities
Here are some questions to ask and consider to find the best solicitor for you:
1. Do they have relevant experience?
Solicitors who regularly handle buy-to-let cases anticipate the additional checks not found in standard conveyancing. They're also aware of common obstacles such as HMO licensing issues.
If the property is a leasehold, you’ll also need to check your solicitor has adequate experience, as this is another layer of risk. The buy-to-let process also includes separate lease checks. Problems such as safety issues can cause the transaction to collapse.
2. Are they regulated?
As with standard conveyancing, your solicitor should have valid accreditation to ensure they are regulated and operate to a high standard. The most renowned conveyancing regulators are:
Most companies include their regulatory ID on their website, which we recommend cross-referencing with the regulator’s website.
3. Are they a local firm or online only?
Those purchasing leasehold properties or expanding their portfolio in one area will benefit from a local solicitor, as they have contacts with the local council.
Online services can be cheaper and faster if all checks pass with no objections, making it a convenient choice for those purchasing standard freehold.
Like standard conveyancing, buy-to-let solicitor costs are split into two main parts: legal fees and disbursements. The legal fee covers the solicitor's work, while disbursements are made to third parties, such as Stamp Duty payments.
In buy-to-let cases, there is also an additional supplement fee included, which is a larger sum for leasehold properties to accommodate the extra paperwork.
Freehold
Leasehold
Estimated fees are based on the £292,000 UK average property price.
*Based on the average service costs for Konnect You users. See how our data works.
The standard conveyancing process takes 8-12 weeks on average, but buy-to-let cases have extra checks throughout the process that can add weeks, or even months, to your purchase.
Here are the additional stages of buy-to-let conveyancing and how much time they can add:
1. Mortgage checks (1-4 weeks)
Most buy-to-let properties are bought with a buy-to-let mortgage, where repayments are paid on the interest of the loan. The full loan will be paid off when the property is sold.
Due to the high financial risk, buyers typically pay a 25% deposit. The criteria vary by lender, but here are the most common expectations:
Hiring a mortgage broker will save you time and stress as they’ll find the best, and often exclusive, deals suited to your circumstances.
2. Title Deed review (1-2 weeks)
Your solicitor will have to review the current title deed to check the legal record of ownership and confirm whether there are any clauses that restrict letting the property.
Leasehold properties typically have these restrictions and require the buyer to obtain permission from the freeholder if they plan to let the property.
All restrictive covenants (rules and limitations attached to the property) must be passed on to the mortgage lender.
3. Existing tenancy contract (1 week)
If you’re buying a property with current tenants in place (tenants in situ), your solicitor will review the existing tenancy contract. They’ll examine the terms, clauses, and rent to ensure the current tenant is complying accordingly.
They must also confirm the following:
4. Licence checks (2-13 weeks)
This stage is specific to the buy-to-let buying process and is often the most time-consuming, depending on local authority processing times.
Your solicitor will check with the local council whether the property has a House in Multiple Occupation (HMO) licence or if one is needed. The HMO licence is mandatory when letting a property to at least 5 unrelated tenants; however, some councils may have additional schemes that require an HMO licence for properties with at least 3 tenants.
They’ll also determine whether the property is in an Article 4 Direction (A4D), where HMOs are restricted. If this is the case, your solicitor will have to obtain planning permission from the local council to receive an HMO licence.
Get an instant personalised cost with our conveyancing fees calculator.
Answers to common questions about finding and choosing the best buy-to-let solicitors.
Most buy-to-let properties require Stamp Duty Land Tax (SDLT) payments as they are typically additional properties.
In Scotland and Wales, you will have to pay Land and Buildings Transaction Tax (LBTT) and Land Transaction Tax (LTT), respectively.
As with regular Stamp Duty, the amount you’ll pay increases with the property price, plus an additional surcharge will also be applied.
SDLT Rates in England and Northern Ireland
Land and Buildings Transaction Tax Rates in Scotland
Land Transaction Tax Rates in Wales
Use our Stamp Duty Calculator to find out how much you owe.
No, it is illegal for buyers to live in their buy-to-let property without the mortgage lender's consent, as this goes against the terms of the mortgage agreement.
Living in the property without the lender's consent is considered mortgage fraud, resulting in financial and legal repercussions.
CGT is paid when selling a buy-to-let property at a higher price than when it was purchased. You are only taxed on the profit and not the total sale price.
The current CGT tax-free allowance is £3,000.
The total you will pay is dependent on your income. As of April 2024, the CGT rates are 18% for basic-rate taxpayers or 24% for higher-rate taxpayers and must be paid within 60 days of completion.
