As a property manager, you must keep track of many things to keep your properties running smoothly. There's a lot to manage, from keeping track of maintenance and repair requests to dealing with tenant issues. In certain cases, it can also become a source of conflict between the tenant and the landlord.
Remember, the relationship between landlord and tenant is delicate, and it is important that both parties understand their rights and responsibilities to maintain a good relationship. Unfortunately, landlords and tenants often misunderstand each other, leading to conflict and even legal action. And with the absence of clear and concise rules and regulations, the relationship between the landlord and the tenant can quickly deteriorate.
In this type of situation, conveyancing proves to be a vital process as it establishes the legal rights and responsibilities of both the landlord and the tenant.
What Is Conveyancing?
Conveyancing is the juridical process of transferring property ownership from one person to another. This method works through a conveyancing solicitor that handles all the legal paperwork and ensures that the transfer of ownership is completed correctly and by the law. Afterwards, the solicitor will provide the new owner with a title deed, which is proof that they are the rightful owner of the property.
Why Is Conveyancing Important?
Landlords and tenants both benefit from conveyancing because it protects their rights. Lease agreements outline both parties' duties and responsibilities, as well as the tenancy terms, which are drawn up during the conveyancing process. This document will serve as a legal contract between the landlord and the tenant and can be used in court if either party cannot uphold their agreement.
In addition, conveyancing can help avoid misunderstandings between the landlord and the tenant that could lead to conflict. Because the conveyancing solicitor provided a clear and concise contract, both parties will know what is demanded of them and can avoid potential disagreements.
Who Regulates the Conveyancing Process?
Of course, the conveyancing process can entail a wide range of complex legal issues, which depend solely on the property transaction you are carrying out. For instance, the tenant might experience the following:
Problems with the landlord if the property is not up to a satisfactory standard
Issues with the neighbours if they are causing a nuisance
Disputes with the local authority if they plan to work on the property that will affect the tenant
In any of these scenarios, the tenant must have access to someone who regulates the whole conveyancing process.
The Conveyancing Quality Scheme
The Conveyancing Quality Scheme (CQS) was introduced early on to ensure that every home-buying process will include a licensed conveyancer who The Law Society regulates. This scheme helps make sure that the whole process is carried out with integrity and transparency.
To become a member of the scheme, conveyancers must undergo a rigorous assessment by the Law Society. The assessment includes a review of the conveyancer's qualifications, experience and expertise, and compliance with the Law Society's code of conduct. If you want to pass the assessment, the conveyancer must have the right policies and procedures and experience in the field.
Suppose a conveyancer is a member of the Conveyancing Quality Scheme. In that case, this means that they have been assessed by the Law Society and are, therefore, a reputable source of advice and support for buying or selling a property.
However, remember that the scheme is voluntary, but membership is increasingly seen as a mark of quality and professionalism. After all, the scheme will help raise standards across the conveyancing sector and give consumers greater confidence when choosing a conveyancer.
The Solicitors Regulation Authority
Another organisation that oversees conveyancing solicitors is the Solicitors Regulation Authority (SRA). The SRA aids in setting standards, monitoring compliance, and taking action against errant solicitors.
Every law firm in the UK must be registered with the SRA and follow the SRA Code of Conduct. This code covers everything from how solicitors should act towards their clients to how they should handle the money entrusted to them.
If a solicitor breaches the code, the SRA can take disciplinary action against them. This action can range from issuing a warning to removing the solicitor from their role.
Of course, the SRA can only take action against a solicitor if it receives a complaint about them. So, if you have a problem with your conveyancer, it is worth making a complaint to the SRA.
The Council for Licensed Conveyancers
Another regulating body you can rely on is the Council for Licensed Conveyancers (CLC). The CLC sets out strict rules and regulations that all conveyancers must adhere to to ensure that the process is carried out correctly and efficiently. One of the most important aspects the CLC regulates is the fees conveyancers can charge.
Conveyancers are only allowed to charge a set fee for their services, and this fee must be agreed upon before any work is carried out. This ensures that conveyancers can only charge their clients and that everyone knows how much they will need to pay upfront.
The CLC also regulates the level of service that conveyancers must provide. They have a code of conduct that all conveyancers must adhere to, which sets out the standards they must meet. This includes ensuring that they act in their client's best interests, providing clear and concise information, and keeping their clients updated throughout the process.
How to Avoid Poor Quality Conveyancing Situations
There can be instances where you need help with your conveyancing solicitor. For example, you can't get a hold of them whenever you're buying or selling a property. Another instance could be that they don't provide you with the necessary information you need to know.
To avoid these types of scenarios, you must do the following:
Communicate with them properly. There are times when conveyancing solicitors don't provide you with the information you need because you need to communicate properly with them. Be concise with the information you provide them and that you're letting them know what you want.
Check the quality of their work. One thing you can do to ensure good quality work is to analyse the quality of their work before you sign the contract. This way, you'll be able to check if they're up to par with the standards.
Get references. If you need more clarification about the quality of the conveyancing solicitor you're working with, you need to get references. This is one of the best ways to ensure that you work with a good solicitor. You can get references from family and friends or even from other professionals in the industry.
Conveyancing can be a complicated and stressful process. However, it's important to make sure that you instruct a good-quality conveyancing solicitor to do the work for you. This will ensure that the process is as smooth as possible and that you don't encounter any problems.
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