Author: numan
Can I change my solicitor after the auction?
Technically, yes, you can change your solicitor after the auction — but it is strongly discouraged unless absolutely necessary. Once the hammer falls and contracts are exchanged, the clock starts ticking. Completion deadlines in auctions are usually 14 or 28 days, and changing solicitors mid-way can seriously disrupt the process.
WHY IT’S RISKY TO SWITCH SOLICITORS AFTER AUCTION
Changing solicitors late in the process can lead to:
- Delays in file transfer, especially if the previous solicitor is uncooperative.
- Time lost repeating identity checks, onboarding, and title reviews.
- Missed completion deadlines, which can result in:
- Loss of deposit
- Daily interest penalties
- Legal action for breach of contract
The new solicitor would have to rebuild the file from scratch, including reviewing the legal pack, confirming finance, and communicating with the seller’s solicitor — often in a drastically shortened timeframe.
WHEN MIGHT IT BE NECESSARY?
In rare cases, a change might be appropriate if:
- Your current solicitor lacks auction experience or refuses to act within the required timescale.
- The firm is unresponsive, closed, or unable to complete the transaction.
- You are switching from a general conveyancer to an auction specialist like Versus
Law who can handle complex or urgent issues quickly.
If you do switch, make sure the new solicitor is:
- Fully briefed with all existing documents (legal pack, memorandum of sale, ID checks)
- Able to act immediately upon instruction
- Experienced in auction timescales and risks
HOW TO MINIMISE DISRUPTION
If you need to change firms, you should:
- Obtain a full copy of the legal pack and all correspondence from the original solicitor.
- Ensure your new solicitor confirms capacity and turnaround time before instruction.
- Be clear about your completion date and whether mortgage or bridging finance is in place
- Instruct the new solicitor in writing as soon as possible.
SUMMARY
While it is legally possible to change your solicitor after the auction, doing so is highly risky and should only be considered when absolutely necessary. At Versus Law, we’re often asked to
take over urgent auction files and can act quickly — but we always recommend clients instruct the right solicitor before bidding to avoid unnecessary complications.
What is a regulated tenancy and why is it risky?
A regulated tenancy is a type of residential tenancy created before 15 January 1989, offering extensive legal protection to the tenant — including the right to remain in the property for life and to pass the tenancy on in some circumstances.
These tenancies are governed by the Rent Act 1977, not the modern Housing Acts, and are still legally valid today. For buyers at auction, especially investors, a regulated tenancy can drastically affect the value, income potential, and resale prospects of a property.
WHAT ARE THE KEY FEATURES OF A REGULATED TENANCY?
- The tenant may have a lifetime right to stay in the property
- Rent is set by a Rent Officer, and is usually well below market value
- The landlord has very limited grounds to evict, and cannot use Section 21
- The tenancy may be inherited by a spouse or family member (a “statutory succession”)
Even if the property is sold, the tenancy continues under the same terms — so you cannot regain vacant possession unless one of the limited legal grounds applies.
WHY IS THIS RISKY FOR BUYERS?
NO VACANT POSSESSION
You cannot force the tenant to leave unless they breach the tenancy or one of the rare statutory grounds applies.
BELOW-MARKET RENTAL INCOME
Many regulated tenants pay less than 20% of market rent, set years ago by a tribunal.
PROPERTY VALUE IS REDUCED
Regulated tenancies can reduce a property’s value by 30–60%, depending on the rent and the tenant’s age.
RESALE AND REFINANCING DIFFICULTIES
Lenders may refuse to offer a mortgage, and future buyers may also be put off.
HOW CAN I TELL IF A PROPERTY IS REGULATED?
Auction legal packs should disclose the tenancy type, but always check:
- The tenancy start date (pre-15 January 1989 is a red flag)
- Any references to the Rent Act 1977
- The tenant’s age and how long they’ve been in the property
- Whether there is a rent registration certificate
We can advise based on the auction legal pack and raise pre-auction enquiries where needed.
SUMMARY
Regulated tenancies are legally protected and often impossible to end — making the property unsuitable for development, resale, or market-rate lettings. If you’re buying for investment, you need to understand the long-term limitations. At Versus Law, we help auction buyers identify regulated tenancies early and assess whether the investment is viable — before you’re locked in.
What is a possessory title and should I be concerned?
A possessory title is a type of land ownership recorded by HM Land Registry when the full legal title (usually the deeds) cannot be produced — often because they’ve been lost, destroyed, or never existed.
While it still gives the right to possess and occupy the land, it offers less legal protection than an “absolute title”, and this can create problems — particularly when buying at auction or
securing a mortgage.
TYPES OF TITLE AT LAND REGISTRY
HM Land Registry classifies title into several categories:
Absolute title – full legal ownership with complete documentation (standard and most secure)
Possessory title – ownership based on long occupation or loss of deeds
Qualified title – ownership is limited by a specific known legal defect
With a possessory title, you are legally recognised as the owner — but your claim is open
to challenge by someone with better evidence.
WHY DOES THIS HAPPEN?
Possessory title may be granted where:
- A property is registered for the first time but the deeds have been lost
- Someone claims ownership after adverse possession (squatter’s rights)
- Title cannot be proven due to historical or unregistered transactions
You may see this in auction legal packs, especially for rural land, garages, or older properties.
What are the risks?
YOUR OWNERSHIP COULD BE CHALLENGED
If someone finds the original deeds or proves a better claim, you could lose part or all of the land.
LENDERS MAY BE RELUCTANT
Many banks won’t lend against possessory title unless indemnity insurance is in place.
VALUE MAY BE AFFECTED
The property may be harder to sell or remortgage until the title is upgraded.
Can it be fixed?
Yes. After 12 years of uncontested ownership (or 6 years in some cases), you can apply to upgrade the title from possessory to absolute. Until then, your solicitor can:
- Arrange title indemnity insurance to protect against challenges
- Confirm if any supporting documentation exists to strengthen your claim
- Advise on how and when to make an upgrade application to the Land Registry
SUMMARY
A possessory title means ownership isn’t backed by full legal proof — and while it doesn’t stop you buying or living in the property, it can affect value, lending, and resale. At Versus Law, we’ll flag these issues early, guide you on the risks, and arrange protection where needed to help you proceed with confidence.
What is a flying freehold and why can it cause problems?
A flying freehold is where part of a freehold property extends over or under another person’s freehold land, without being supported or enclosed by its own structure.
Examples include:
- A room or extension built above a shared passageway
- A first-floor flat that sits partly over a neighbour’s garage
- A building with a vault or basement that runs under a neighbour’s garden or structure
Flying freeholds are legal — and relatively common in older or converted properties — but they can raise legal and mortgage difficulties if not properly documented.
WHY IS IT A PROBLEM?
Flying freeholds create complex legal relationships between neighbours. Because one property relies on another for support or access, problems can occur if:
- There’s no legal right to enter the neighbouring land to carry out repairs
- The neighbour refuses to give access or does not maintain their section
- The structure underneath is altered or damaged, affecting your part of the property
Without clear legal rights, your ability to repair or maintain your part of the property could be restricted — and disputes can arise.
WILL LENDERS ACCEPT A FLYING FREEHOLD?
Some lenders are cautious or refuse to lend on properties with flying freeholds. Others may require:
- A flying freehold indemnity policy (which we can arrange)
- Confirmation of adequate rights of support, shelter and access
- Evidence that the flying part is less than 25% of the total property
- A Deed of Mutual Covenant between the owners (uncommon, but ideal)
If these protections are not in place, mortgage applications may be delayed, down-valued,
or declined entirely.
CAN IT BE FIXED?
Not always — flying freeholds often date back decades or centuries. However, we can:
- Check if rights of support, access and repair are granted in the title deeds
- Advise on the use of indemnity insurance
- Attempt to negotiate or register new legal rights, where necessary
SUMMARY
A flying freehold isn’t a dealbreaker — but it’s a legal grey area that can make repairs difficult and deter lenders. At Versus Law, we review these issues thoroughly and advise whether indemnity cover, legal agreements, or alternative solutions are needed before you buy at auction.
When will I receive the title deeds and proof of ownership?
Today, most properties are registered land — ownership is recorded digitally at HM Land Registry, not with traditional paper deeds. After completion, your solicitor will register your name as owner.
What you’ll receive
- Title Register (showing you as legal owner)
- Title Plan (boundary map)
- TR1 Transfer Deed
How long it takes
- Registered properties: 4–8 weeks
- Unregistered land: Up to 6+ months
- New builds or part transfers may take longer
Summary
You won’t receive paper “title deeds,” but once registration is complete, you’ll get official confirmation from Land Registry. Versus Law handles the entire process and notifies you when it’s done.
How can I get help if something goes wrong after completion?
Even once you’ve completed your auction purchase, issues can arise — from title defects and service charge disputes to unauthorised occupants or registration delays.
Common post-completion issues
- Tenants or squatters remaining in the property
- Unpaid service charges or ground rent inherited unknowingly
- Title issues (e.g. missing access rights, unregistered land)
- Boundary or neighbour disputes
- Registration problems or Land Registry delays
How Versus Law can help
- Review your legal position and advise your options
- Liaise with sellers, solicitors, managing agents, or Land Registry
- Resolve title and leasehold issues
- Refer you to litigation or landlord-tenant specialists
Summary
Post-completion support matters. At Versus Law, we continue to assist even after your purchase is complete — helping you protect your investment if complications arise.
Do I need to update my will or set up a trust after buying?
Buying a property is a major life event — and it’s a good opportunity to review your estate planning. If you die without a valid will, the property may not pass to the people you intend.
Why make or update your will?
- Ensure the property passes to your chosen beneficiaries.
- Specify how jointly owned property should be handled.
- Appoint executors to manage your estate efficiently.
- Minimise inheritance tax and probate delays.
Should I use a trust?
In some cases, it may be useful to:
- Hold the property in a family trust
- Ring-fence it from business or creditor risk
- Reduce inheritance tax exposure
This should be discussed with a solicitor or financial adviser before making changes.
Summary
If you’ve bought a property at auction, it’s a smart time to review your will and consider your long-term plans. Versus Law offers will-writing and trust advice tailored to your goals and property structure.
Can I let the property out straight after completion?
In many cases, yes — you can rent out your auction property after completion. However, you must check that there are no legal, planning, or lender-related restrictions that prevent or limit how you can use the property. Letting a property without understanding the rules could lead to fines, enforcement action, or breach of mortgage terms — so it’s important to confirm your position before marketing or accepting tenants.
WHAT SHOULD I CHECK FIRST?
YOUR MORTGAGE CONDITIONS
- Most residential mortgage offers prohibit letting unless you have Buy-to-Let approval.
- Letting a property on a standard residential mortgage may breach your terms and result in early repayment demands.
- If you are using bridging finance, some lenders also impose restrictions until the property is refinanced.
PLANNING PERMISSION AND USE CLASS
- Certain types of lettings (e.g. HMOs or short-term/Airbnb-style rentals) may require planning consent or a licence.
- Some properties have planning conditions that restrict use to a private dwelling only.
LEASEHOLD RESTRICTIONS
- If your property is leasehold (e.g. a flat), the lease may include a “no subletting” clause or limit letting to ASTs (Assured Shorthold Tenancies).
- You may also need freeholder or managing agent consent before renting.
INSURANCE COVER
- Not all policies cover tenanted properties.
- If you let the property without notifying your insurer, you may invalidate your cover.
WHAT LEGAL DOCUMENTS DO I NEED?
If you’re planning to let the property, you’ll typically need:
- A tenancy agreement (usually an AST for residential lets)
- A valid Gas Safety Certificate (if applicable) EPC (Energy Performance Certificate) — minimum rating of E for most lettings
- Electrical Installation Condition Report (EICR)
- If in England, evidence of Right to Rent checks
We can assist you with tenancy documents or refer you to our landlord and lettings specialists if needed.
SUMMARY
Letting your auction property is often a key part of your investment strategy — but don’t assume you can do so automatically. Mortgage, lease, planning, and insurance rules can all affect your
ability to rent. At Versus Law, we’ll help you check for restrictions and set up your property legally and securely
Will the property be empty when I buy it?
Not necessarily. Just because a property is “vacant” doesn’t mean it will be physically empty — and unless the legal pack promises vacant possession and clearance, you may inherit a property full of contents or even with someone still in occupation.
Key differences
- Vacant possession: No people and no belongings — full control passes to the buyer.
- Physical vacancy: The seller has moved out, but items may remain (e.g. furniture, junk).
- Subject to occupation: There is a tenant, squatter, or licensee with some legal or physical presence.
Check the contract
- Does the Special Conditions of Sale promise vacant possession?
- Is the property tenanted, or sold with “no warranties as to possession”?
If unsure, your solicitor can advise before bidding.
Summary
At auction, do not assume the property will be clear unless this is guaranteed. If clearance or eviction is needed, you may be responsible — so always read the legal pack and inspect the property first where possible.
Will I get the keys on completion?
In most auction purchases, you will receive the keys to the property on the day of legal completion — but this depends on how access is arranged and the terms in the auction contract.
Where do I get them from?
- If the seller has instructed an estate agent or auctioneer with a local office, they may hold the keys.
- If the seller’s solicitor is managing the handover, keys may be released from their office (by appointment).
- If the property is boarded up or vacant, the buyer may need to collect them from a secure box or arrange re-keying.
- If the property is tenanted or occupied, you may not receive keys until the occupier vacates.
What if no keys are provided?
Some auction contracts specifically state that keys will not be provided — especially for repossession, probate, or properties being sold “as is”. In these cases, the buyer is expected to gain access themselves after completion, lawfully and safely.
Summary
You will usually receive the keys on the day of completion, but it is not guaranteed. Always check the legal pack or ask the solicitor beforehand to confirm key arrangements. At Versus Law, we always try to secure key release in advance or advise on your options where this is not possible.










