Moves into unoccupied properties may continue, with conveyancers helping clients to consider the current Public Health England advice. Plus, after looking at the deferring transaction advice and the wishes of the client are that a move must take place, they must provide this in writing. Agents must advise their clients that police emergency powers do not apply for critical home moves.
Decontamination
If it is known or suspected that previous occupants or someone they have been in contact with has Coronavirus it is advised a deep clean should be undertaken.
Amending existing contracts
The Law Society, Society of Licensed Conveyancers, Conveyancing Association, CILEx, and Bold Legal Group, have agreed on the outline of a process for deferring a completion date where an existing contract is in place, allowing for tailoring to individual needs.
A two-step process is recommended allowing for a delayed move at the end of the current stay-at-home period but also for an extension to this period if the Government restrictions are extended.
The Law Society has identified a range of scenarios that may arise for clients, such as:
- Mortgages - Where the lender has agreed to extend the mortgage instructions for three months, conveyancers should ascertain whether any formal confirmation is necessary and ask the lender to provide it.
- Searches and costs - The usual obligations apply to the client and lender client and consideration prior to the eventual completion should be given as to whether searches will need refreshing. The duty to advise clients of the potential for additional costs involved in managing their transactions remains as always.
Further considerations are in the Law Society Guidance.
Contracts not yet exchanged
Transactions can continue in the stay-at-home period and the Law Society advises careful consideration before instructing a conveyancer to exchange contracts. Where the instruction is given to exchange, conveyancers should incorporate a suitable clause in the contract to cover any ongoing risks caused by the virus.
Home moving advice
The Ministry of Housing, Communities and Local Government (MHCLG) has issued guidance on buying and selling homes during the stay-at-home period, urging all parties involved in home moving to adapt and be flexible to alter their usual processes.
