New Updates to the Conveyancing 'Protocol' Forms, and how these changes will affect your property sale!
Posted on 10th May 2024
When you instruct our Conveyancing Solicitors in Preston to assist with the sale or purchase of property, you will come across the term “Protocol Forms”. The Protocol Forms are a set of documents, prescribed by the Law Society which, as part of the set Conveyancing Protocol, provide useful information by the sellers for the buyers of the property. These forms are used by your Conveyancing solicitors in Preston on a daily basis.
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The first of the Protocol Forms, called TA6, but known commonly as the Property Information Form, is an extremely useful document that is used within the conveyancing process. The TA6 is accompanied by the Fittings and Contents Form, formally known as the TA10 form, which advises property buyers exactly which items the seller intends to leave at, and take from, the property upon Completion. We have a helpful guide on how to fill this form in, here. In addition, where applicable, the seller completes the Leasehold Information Form, also known as the TA7, providing specific information regarding leasehold items affecting the property, where applicable.
Property Information Form (TA6)
The TA6 covers a range of items that provide extensive information about the property, including:-
Responsibility for property boundaries;
When the boiler was installed and serviced;
Parking arrangements at the property;
The utilities at the property, including whether it is connected to mains sewers and drains;
Work carried out at the property, including building work and electrical work
The form covers a range of other pertinent matters, and your Conveyancing Solicitors will comb through the form early on in your matter, highlighting any issues with the form, or further information required from the seller. When our Conveyancing Solicitors act for you as the seller, we will assist you with responding to enquiries raised by the buyer’s solicitor, guiding you on the information you legally have to, and do not have to, respond to.
The form has been criticised as becoming outdated by some professionals, leading to a recent announcement of new protocol forms, which will be mandatory under the Conveyancing protocol from June 2024. Whilst the form provides some much welcome additions, some of the information may well be beyond the seller’s knowledge, which could lead to additional enquiries being raised by the buyer’s solicitor due to incomplete or missing information. You can find a full explanation of the changes set to take place to the forms on the Law Society website, here.
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Fittings and Contents Form (TA10)
This form sets out what fittings and contents the seller intends to leave in the property on completion, so the buyer has a clear expectation of what they can expect to be left in the property on the day they pick up the keys. This covers things such as carpets, blinds, curtain fixtures, but also extends to matters such as furniture, white goods, and garden fixtures.
Once the buyer receives the form, they have a chance to review this, and consider whether there is anything they would like to remove. For example, one recent client of our Conveyancing Solicitors in Preston noted that the form indicated some white goods were included in their sale. As they intended to move in their own white goods from the sale of their property, they asked that these were removed.
In addition, the forms offer protection, for both the seller and the buyer, in that it reduces the risk of a dispute arising over whether or not an item should have remained in the property following completion. Our Conveyancing Solicitors in Preston have found that our clients have needed to rely on the form in the past, when an item which they believed was remaining, was removed by the seller. This may seem insignificant, but if you are under the belief you are buying a house with all white goods included, only to arrive and find the kitchen almost bare, it could be quite an expensive matter to rectify.
Leasehold Information Form (TA7)
The final of the most common protocol forms our Conveyancing Solicitors in Preston deal with daily is the Leasehold Information Form, which is only relevant in Leasehold property transactions.
This form is another one which has seen some changes, to be mandatory to those following and complying with the Conveyancing protocol from June 2024. The Leasehold Information form is often accompanied by LPE1 replies, generally completed by the Landlord, their agent, or a Management Company, with two sets of replies required in some cases.
This form deals with matters such as who ground rent, service charge, or other rent is paid to, along with details of the insurance, the Managing Agent or Landlord. The LPE1 is then completed by the relevant party, with more in-depth information about their charges and requirements on completion.
Why are the Protocol Forms important?
When your Conveyancing Solicitors are Conveyancing Quality Scheme accredited, like our Conveyancing Solicitors in Preston, they all follow a standardised process, known as the Conveyancing protocol. These forms are part of the protocol, and are intended to give prospective buyers important information about the property they are buying.
These forms should be completed fully by sellers, accurately, and to the best of the seller’s knowledge, so that the buyers can rely on the information, making an informed decision as to whether they are happy to proceed with the purchase of a specific property. In some cases, sellers may simply not know an answer, especially when they are selling a property, they have less personal knowledge of, such as when they are selling as executor or attorney on behalf of someone else.
How can Conveyancing Solicitors help with protocol forms?
When you instruct our Conveyancing Solicitors to assist with the sale or purchase of a property, they will guide you through the protocol forms from start to finish. With expert knowledge as to the contents of the forms, and their important, our team can assist with explaining even the most daunting of sections. To instruct our CQS-accredited, expert Conveyancing Solicitors in Preston to assist with the sale or purchase of your property, call 01772 783314 or email property@mglegal.co.uk.
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Tagged as: Conveyancing, Solicitors in Preston
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