Frequently Asked Questions

Conveyancing

What lender panels are you on?

We are on the panel of solicitors for majority of high street lenders. Please provide details of your proposed lender and we will advise if we are on their panel.

How do I found out how long is left on the lease?

You can find this out by ordering an official copy of the title register for the property from HM Land Registry or by asking the seller/ selling agents to provide a copy of the Lease.

How much Stamp Duty do I have to pay?

Stamp Duty Land Tax is calculated based on the value of the property you are buying.  It will also depend on whether you are a first time buyer and whether this will be an additional home or a buy to let property.   We will provide you with a calculation of the amount of stamp duty land tax due once we have all your details.

What time do I have to move out on the day of completion?

Under the Standard Conditions of Sale, the contractual time is usually 2pm and the property must be vacant by then.  The exception to this is if the Standard Conditions of Sale has been varied and another time has been agreed in the Contract.

Frequently Asked Questions

Crime

I have been arrested – what do I do?

It is your legal right to be offered FREE legal advice from a solicitor. As soon as you arrive at the Police Station you should ask the Custody Sergeant to contact HSR Solicitors in order that we can attend to represent you.  One of our solicitors or experienced accredited Police Station representatives is available 24 hours a day.

I have been charged with an offence, what do I do now?

Contact HSR Solicitors as soon as possible to let us know the time and date you are to appear at Court and to arrange an appointment to see us for an initial discussion.

Do I have to pay for you to represent me?

Although you are entitled to free legal advice at the Police Station regardless of means, legal aid for representation at Court will depend on the seriousness of the offence and your means.  We will be able to advise you as to whether you would be eligible for legal aid.

Do I have to pay for you to represent me at the Police Station?

No.  You are entitled to free legal advice when being questioned about an alleged offence by the Police regardless of your means.

Do I have to answer Police questions?

No.  Anyone being questioned by the Police has a right to remain silent.  However, there are sometimes risks that may be attached to remaining silent which is why it is vital that you have a lawyer at the Police Station to represent you so that you can get the best possible advice as to how you should deal with Police questioning.

How long can I be detained in custody?

The Police can detain you for up to 24 hours without being formally charged.  In cases that could end up before a Crown Court this can be extended up to 36 hours or up to 96 hours if authorised by a Magistrates Court.  Longer periods of detention can be authorised in respect of terrorism allegations.

Can I have a quotation?

Yes you can. Please provide details of your transaction together with your contact email address and we will provide you with our firms quotation.

What type of survey do I need?

If you are looking for something more than a simple property valuation (highly recommended if you are buying a new property), there are two common “standard” types of survey – (1) a RICS HomeBuyer’s survey or (2) Building Survey (Structural Survey).

How do I know how much the service charge is ?

You should ask the seller or selling agents to provide you with a copy of the latest service charge statement.  Alternatively, this is part of our initial enquiries in the conveyancing process and we will ask the seller’s solicitors to confirm the current service charge payable.

I wish to complete within two months can you meet the time frame?

This depends on a number of factors.  However, we will endeavor to complete with your requested timeframe

Where should I collect the keys on completion?

You will usually collect the keys from the offices of the selling agents unless agreed otherwise between you and the seller.

Can the Police stop and search me on the street?

Yes, but only if they have reasonable grounds for suspecting that you are in possession of certain prohibited items such as a bladed article or controlled drugs.   The Police Officer should explain their reasons and your right to have a written record of the search.  In certain circumstances the Police have much wider powers such as when terrorist activities are suspected.

Can the Police search my premises?

The Police can search your premises if they have a warrant that has been issued by the Magistrates Court.  The Police can also lawfully search premises where a person has been arrested and where a Police Inspector is of the view that there are grounds to believe that items relevant to the offence under investigation, or to any other offence, might be found at the premises.

What is Police bail?

Police bail can be granted where the Police wish to conduct further enquiries or where the Police are awaiting a decision from the Crown Prosecution Service as to whether or not you should be charged.  If you are released on Police bail you are obliged to return to the Police Station at the time and date given to you.  If you fail to return as required, this could result in a conviction for failing to answer bail and could lead to a fine or to a period of imprisonment.  The Police can release a person on Police bail subject to conditions and any failure to abide by these conditions can also lead to re-arrest.

Will I get bail if I am charged?

When a person is charged the Custody Sergeant has to decide whether the person should be released on bail to appear at Court at a later date or whether the person should be detained in Police custody to be brought before a Magistrates Court.  The Custody Sergeant has to take into account such factors as the seriousness of the case, a person’s record of previous convictions and the likelihood of any further offences being committed.  They should also consider the risk of the person failing to appear at Court and in certain circumstances for a person’s own protection.  The Police are not allowed to release anyone on bail who has been charged with an offence of murder.  If you are kept in custody you will be able to make an application on bail before the Magistrates Court on your first appearance except in a case of murder.

Will my case be heard in the Magistrates Court or the Crown Court?

All cases will start in the Magistrates Court.  Some cases can only be dealt with in the Magistrates Court and some very serious offences can only be dealt with at the Crown Court.  There are a large number of offences that can be dealt with at either Court and these are known as ‘either way’ offences.  The Magistrates will have to decide as to which Court is most appropriate to deal with the case.  However, if the Magistrates decide that they can deal with the case themselves you still have the option to have your case sent to the Crown Court.  HSR Solicitors can advise you about the advantages and disadvantages of having your case dealt with at the Magistrates Court or the Crown Court.

Will my case be heard in the Magistrates Court or the Crown Court?

All cases will start in the Magistrates Court.  Some cases can only be dealt with in the Magistrates Court and some very serious offences can only be dealt with at the Crown Court.  There are a large number of offences that can be dealt with at either Court and these are known as ‘either way’ offences.  The Magistrates will have to decide as to which Court is most appropriate to deal with the case.  However, if the Magistrates decide that they can deal with the case themselves you still have the option to have your case sent to the Crown Court.  HSR Solicitors can advise you about the advantages and disadvantages of having your case dealt with at the Magistrates Court or the Crown Court.

Do you represent under 16s?

Yes, we represent people of any age.  HSR Solicitors have solicitors who are vastly experienced in representing youths and know how important it is to explain matters in a clear and uncomplicated manner without using legal jargon.