Author: numan
What are lender panel solicitors and why does it matter?
If you’re using a mortgage or bridging loan to buy an auction property, your lender will typically only allow certain law firms — known as panel solicitors — to act on their behalf. This is known as being on the lender’s approved panel.
Choosing a solicitor not on your lender’s panel can cause serious delays, extra costs, or even put your purchase at risk.
WHAT IS A LENDER PANEL?
Lenders have a panel of approved solicitors who meet their internal standards for:
- Experience and qualifications
- Regulatory compliance
- Financial controls and insurance
- Use of secure systems (e.g. for bank account verification)
If your solicitor is not on the panel, the lender may:
- Appoint a separate solicitor to act on their behalf
- Charge you additional fees
- Delay issuing the mortgage funds
- Refuse to proceed entirely
In a standard sale, this can be frustrating — in an auction sale with a 14–28 day deadline, it can be disastrous.
WHAT HAPPENS IF MY SOLICITOR ISN’T ON THE PANEL?
If you instruct a solicitor who isn’t on your lender’s panel:
The lender may insist on using a dual-representation setup — where your solicitor acts for you, and a second firm acts for the lender
This creates delays in communication, approval, and completion
You may be charged two sets of legal fees
Completion could be missed, resulting in loss of your deposit or breach of contract
HOW DO I AVOID THIS?
Before instructing a solicitor, always:
Ask your lender (or broker) which law firms are on their panel
Confirm that your chosen solicitor can act for both you and your lender
If in doubt, speak to us — Versus Law is on the panel for many major lenders and bridging providers, and we work with brokers to match your funding source
SUMMARY
If you’re using finance, your solicitor must be on your lender’s panel — or you risk delays, extra costs, and even failure to complete. At Versus Law, we’re trusted by high street banks, specialist mortgage lenders, and bridging firms — which means we can act for both you and your lender, ensuring a smooth and timely auction purchase.
What is bridging finance and how does it work?
Bridging finance is a short-term loan designed to “bridge the gap” between the purchase of a property and longer-term financing or resale. It’s commonly used in auction purchases where speed is essential and traditional mortgage processes can’t keep up with the tight 14- or 28-day completion deadlines.
For many buyers, bridging finance is the only realistic way to secure a property at auction and avoid defaulting on the contract.
| Bridging Loan | Traditional Mortgage |
|---|---|
| Short-term (3–18 months) | Long-term (10–30 years) |
| Quick to arrange (5–10 days) | Slow approval (3–6 weeks) |
| Higher interest rates | Lower interest rates |
| Asset-backed lending | Income and affordability-based |
| Flexible repayment | Monthly repayments or interest retained |
Bridging loans are usually secured against the property you are buying, and sometimes another property you already own.
HOW MUCH DOES IT COST?
Bridging loans tend to be more expensive than standard mortgages. Costs may include:
- Monthly interest (usually 0.6%–1.2%)
- Arrangement fee (1%–2%)
- Legal and valuation fees
- Exit fees (sometimes, depending on the lender)
Some lenders offer “retained interest” — where the interest is deducted from the loan upfront, so you don’t pay monthly.
WHEN IS IT A GOOD OPTION?
- You need to complete quickly (e.g. 14 days post-auction)
- The property is not mortgageable (e.g. no kitchen/bathroom, short lease)
- You plan to refurbish and sell or refinance
- Your mortgage isn’t ready but you want to secure the deal now
Bridging lenders are more flexible than banks and will often lend on unusual properties, titles, or structures.
RISKS AND CONSIDERATIONS
- Interest adds up quickly — it’s not suitable for long-term borrowing
- If you can’t refinance or sell, you risk default and repossession
- You must have a clear exit strategy (e.g. mortgage, sale, or investment return)
- Not all bridging lenders are regulated — always use a reputable provider
SUMMARY
Bridging finance can be a powerful tool for auction buyers — giving you the speed and flexibility to complete where a mortgage would fall short. At Versus Law, we work closely with specialist bridging lenders and can assist with all legal aspects of the transaction, ensuring funds are drawn down and applied properly within the deadline.
What if I’m using a mortgage or bridging finance?
Using a mortgage or bridging loan to fund an auction purchase is common — but it comes with major risks unless everything is in place before you bid.
Unlike a normal house purchase, auction sales have strict deadlines, usually 14 or 28 days from the date of the auction. This means you must complete within that time, regardless of whether your mortgage or loan is ready.
WHAT CAN GO WRONG?
Most mortgage lenders require:
- A valuation.
- Full title checks.
- Satisfactory legal documents.
This process often takes longer than the auction completion deadline, especially if the legal pack has issues (e.g. missing planning documents or lease defects). Bridging lenders are usually faster, but: They may still require legal checks, and Interest rates and fees can be very high.
WHAT HAPPENS IF THE FINANCE DOESN’T ARRIVE IN TIME?
- You will default on the contract.
- You will lose your 10% deposit.
- The seller can claim additional losses if the property is re-sold at a lower price or with added costs.
- You could face court proceedings and a County Court Judgment (CCJ).
The auction contract will not give you extra time to secure finance — even a short delay can have serious consequences.
WHAT YOU SHOULD DO BEFORE BIDDING
- Speak to your lender or broker in advance
- Have an Agreement in Principle or confirmed facility
- Make sure your solicitor can review the legal pack quickly
- Be prepared to complete on time, even if using cash to bridge any gap
SUMMARY
If you’re using finance to fund your auction purchase, everything must be ready before you bid. You cannot rely on getting an extension — and the financial and legal risks of delay or failure are severe.
Can I get a mortgage for an auction property?
Yes — it is possible to use a mortgage to buy an auction property, but it comes with important limitations and risks. Most auctions require you to complete within 14 or 28 days of the auction date, so the timing is extremely tight for a standard mortgage application. If your mortgage is not ready in time, you could lose your 10% deposit, be liable for interest or penalties, and even face legal action for breach of contract.
CAN I USE A STANDARD RESIDENTIAL MORTGAGE?
It depends on the property and lender – some auction properties are mortgageable, but others may be refused due to:
- Short leases
- Structural defects
- Non-standard construction
- Missing planning or building control documentation
- Uninhabitable condition
Many lenders also won’t release funds without a full legal review, which may not be completed in time.
If you’re relying on a mortgage, you need to ensure:
- You have a decision in principle (DIP) before bidding.
- The legal pack has been reviewed in advance to identify any red flags.
- You are able to meet the lender’s valuation and underwriting requirements quickly.
WHAT ARE THE RISKS?
- If the lender down-values the property, you may not receive the full loan.
- If there is any legal issue with the title or condition, the mortgage could be refused.
- Mortgage lenders often need a valuation survey, which can delay approval.
- If you can’t complete on time, you will likely lose your deposit, and the seller could claim damages.
WHAT ARE THE ALTERNATIVES?
Many auction buyers use bridging finance instead:
- Faster to arrange than a traditional mortgage.
- Can be used to secure the property first, with a view to refinancing later.
- Usually more expensive than a mortgage but avoids delays and risk of default.
We can recommend finance brokers and assist with the legal documentation needed to complete quickly with either route.
SUMMARY
You can get a mortgage for an auction property — but only if you’re prepared. Timing is critical, and legal issues in the auction pack can cause lenders to decline or delay. At Versus Law, we
work closely with mortgage lenders and bridging finance providers to make sure your deal progresses smoothly and legally.
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.










