One of the most common questions clients ask is: “What delays conveyancing?”
Selling and buying property in England follows a relatively structured process from instruction through to legal completion. Explaining the various stages of a transaction is often straightforward. Predicting exactly how long conveyancing will take, however, is far more difficult and is one of the most common sources of frustration for buyers and sellers alike.
The reality is that every transaction is different. Some purchases complete within a matter of weeks, whilst others can take several months due to factors outside the control of the buyer, seller or their conveyancers.
In this article, our residential conveyancing team explores some of the most common causes of conveyancing delays and explains what buyers and sellers can do to help keep their transaction moving.
Property Chains: One of the Biggest Causes of Conveyancing Delays
Put simply, a property chain is a series of linked property transactions which rely upon one another to complete.
A typical chain may involve:
- A first-time buyer purchasing their first home.
- A family selling their flat and buying a larger property.
- A divorcing couple selling a jointly owned property.
- Executors selling a deceased relative’s house.
An incomplete chain can arise because a party has not yet secured an onward purchase, has lost their buyer, or encounters issues with their own transaction.
Because every transaction in the chain depends on another, a delay affecting one party can affect everyone else involved. Property chains are therefore one of the most common answers to the question: what delays conveyancing?
Establishing the extent of the chain at an early stage can help identify potential problems and ensure all parties are in a proceedable position before significant time and money are invested.
For more information, read our previous article, ‘What Is a Property Chain and How Can You Speed Up the Conveyancing Process?’
Delays Caused by Anti-Money Laundering Checks and Client Onboarding
Conveyancers are bound by strict legislation requiring them to verify client identity, carry out anti-money laundering checks, undertake risk assessments and investigate the source of funds being used in a transaction.
In many cases, substantive legal work cannot begin until these requirements have been satisfied.
The good news is that this is one area where clients can significantly help reduce conveyancing delays by responding promptly to requests for information and documentation.
Where buyers are contributing funds other than through a mortgage or sale proceeds, it can be helpful to gather supporting documents in advance. Depending on the circumstances, these may include:
- Bank statements covering the previous six to twelve months.
- Payslips.
- Completion statements from previous property sales.
- Inheritance documentation.
- Lifetime ISA or Help to Buy statements.
- Tax returns.
- Investment portfolio statements.
- Evidence relating to gifted deposits.
Where a gifted deposit is being provided, the donor will usually need to provide identification and evidence of the source of their funds.
Sellers can also assist by providing documentation at the outset, including:
- Title deeds.
- Probate documents.
- Powers of Attorney.
- Planning permissions.
- Building regulation approvals.
- Guarantees and warranties.
- Gas and electrical certificates.
- Mortgage account details.
The faster this information is supplied, the less likely onboarding requirements are to delay conveyancing.
Why Leasehold Conveyancing Takes Longer
Leasehold transactions frequently take longer than freehold transactions.
This is not because leasehold conveyancing is inherently more difficult, but because there is substantially more information to review, more parties involved and a greater potential for legal issues to arise.
Reviewing the Lease
The lease is one of the most important documents in a leasehold transaction.
Leases vary significantly in complexity depending on when they were drafted, the type of property involved and the drafting approach originally adopted.
Solicitors must review leases carefully to ensure:
- The remaining term is acceptable.
- The lease complies with lender requirements.
- Ground rent provisions are acceptable.
- There are no drafting defects.
- Rights and obligations are clearly defined.
Sometimes, lease extensions or deeds of variation may be required before a transaction can proceed, which can significantly delay conveyancing.
Additional Leasehold Documentation
The seller will usually need to complete a Leasehold Information Form (TA7) and provide supporting documents.
In addition, the buyer’s solicitor will request a Leasehold Property Enquiries Form (LPE1) and management information pack from the landlord, management company or managing agent.
This information commonly includes:
- Ground rent details.
- Service charge information.
- Buildings insurance.
- Planned major works.
- Fire safety information.
- Building Safety Act compliance documentation.
Obtaining these documents can take several weeks and is one of the most common causes of leasehold conveyancing delays.
Third-Party Involvement
Unlike freehold transactions, leasehold sales often involve third parties such as:
- Freeholders.
- Management companies.
- Managing agents.
These organisations may need to:
- Answer enquiries.
- Supply management information.
- Provide licences to assign.
- Approve buyers.
- Confirm compliance with lease obligations.
Because solicitors have no control over the speed at which these third parties respond, delays can arise even where all parties are working proactively.
Increased Legal Risk
Leasehold properties are also more likely to involve issues such as:
- Service charge disputes.
- Ground rent concerns.
- Building safety issues.
- Defective leases.
- Missing freeholders.
- Major works programmes.
Each issue may require further investigation and advice before contracts can be exchanged. For this reason, sellers should arrange for management packs to be obtained as early as possible.
For related information, read our recent blog: Selling a Leasehold Property in Blackpool? What Sellers Need to Know – A guide for sellers across Blackpool, Thornton-Cleveleys, and the Fylde Coast.
Circumstances That Commonly Delay Conveyancing
Even where solicitors are progressing matters efficiently, the circumstances of the parties themselves can sometimes cause unavoidable delays.
Probate Property Sales
Where a property is being sold following a death, the executors usually need to obtain a Grant of Probate or Letters of Administration before completion can take place.
Although the conveyancing process can often progress in the background, delays at the Probate Registry or with estate administration can impact the transaction timetable.
For this reason, probate applications should generally be submitted as early as possible.
Unregistered Property and Missing Title Deeds
Properties which have never been registered at HM Land Registry can take longer to sell.
Rather than relying on a modern title register, solicitors must review historic title deeds and prepare an epitome of title.
The deeds may be held:
- By the seller.
- By a previous solicitor.
- By a lender.
- In storage.
If deeds cannot be located or important documents are missing, additional work may be required.
In some cases, the buyer’s solicitor may insist on first registration before completion takes place, introducing further delays involving HM Land Registry, lenders and insurers.
One of the best ways to avoid delays is for sellers to locate their deeds before a buyer is found.
New Build Property Delays
New build properties create unique timing issues. Developers often require exchange of contracts at an early stage, even though construction may not be completed for many months. As a result, chains involving new build properties frequently depend upon anticipated build completion dates.
Important issues may include:
- Construction delays.
- Mortgage offer expiry dates.
- Longstop dates.
- Availability of completion certificates.
It is important that all parties within the chain understand the anticipated build timetable from the outset.
Divorce and Court Proceedings
Where a property is being sold as part of divorce proceedings, completion may depend upon agreements being reached between the parties or the court approving a final order. Communication between conveyancers and family solicitors can help reduce avoidable delays.
Mortgage Lender Requirements
Solicitors act for mortgage lenders as well as buyers. Where legal issues arise, solicitors may be required to report them to the lender.
The lender may then:
- Request further information.
- Refer matters to a valuer.
- Carry out additional underwriting.
This can add time to the transaction. Buyers can help by responding promptly to requests from lenders and mortgage brokers.
Unexpected Legal Issues
Perhaps the most important thing to remember is that conveyancers are not creating delays; they are identifying and resolving legal issues before completion.
Common examples include:
- Missing planning permissions.
- Building regulation concerns.
- Restrictive covenant breaches.
- Rights of way issues.
- Boundary discrepancies.
- Defective leases.
Some problems can be resolved quickly through indemnity insurance. Others require further investigation, additional documentation or remedial action. While these issues can delay conveyancing, identifying them before completion protects buyers from inheriting legal problems in the future.
How Can You Avoid Conveyancing Delays?
While some delays are unavoidable, there are practical steps buyers and sellers can take to help keep a transaction progressing:
- Instruct a conveyancer as early as possible.
- Complete identity verification requirements promptly.
- Gather source of funds evidence in advance.
- Submit mortgage applications early.
- Respond quickly to requests for information.
- Obtain leasehold management packs as soon as a sale is agreed.
- Apply for probate promptly where required.
- Locate title deeds early for unregistered properties.
- Maintain regular communication with your solicitor and estate agent.
Although no solicitor can eliminate delays caused by third parties, proactive preparation can often prevent avoidable hold-ups.
Why Choosing the Right Conveyancer Matters
One of the most effective ways to minimise conveyancing delays is to instruct a proactive conveyancer.
At MJV Solicitors, we pride ourselves on providing a responsive and efficient service. We work closely with estate agents, mortgage brokers and other parties in the transaction to keep matters moving and to ensure clients are kept informed throughout the process. While no solicitor can control every factor affecting a property transaction, an experienced conveyancer can identify issues early, maintain communication and help minimise unnecessary delays.
For more on the importance of local knowledge when buying or selling property, read our guide to local conveyancing issues in Thornton‑Cleveleys and the Fylde Coast.
Frequently Asked Questions About Conveyancing Delays
How long does conveyancing usually take?
A straightforward freehold transaction may take between 8 and 12 weeks. More complex matters involving leasehold properties, probate estates, unregistered land or lengthy chains can take considerably longer.
What is the most common cause of conveyancing delays?
Property chains are one of the most common causes of delays. A problem affecting one transaction can have consequences for every other transaction in the chain.
Why does leasehold conveyancing take longer?
Leasehold transactions involve additional documentation, management companies, freeholders and managing agents. Obtaining the necessary information often takes longer than in freehold transactions.
Can probate delay a house sale?
Yes. Executors usually require a Grant of Probate or Letters of Administration before a sale can complete, and delays obtaining these documents can affect the overall transaction.
Why does unregistered land take longer to sell?
Historic title deeds must be reviewed and, where necessary, first registration may be required. This creates additional legal work and can increase timescales.
Can mortgage lenders cause delays?
Yes. Lenders may need further information or require issues to be referred to valuers or underwriters before a mortgage offer can proceed.
Can buyers help speed up conveyancing?
Yes. Promptly providing identification, source of funds evidence, mortgage information and responses to enquiries can help avoid unnecessary delays.
Do all property chains cause delays?
No. Many chains proceed smoothly. However, the larger the chain, the greater the risk that delays affecting one party will affect everyone else. Read our guide to property chains in conveyancing.
Is it normal for conveyancing to take longer than expected?
Yes. Property transactions involve multiple parties, lenders, estate agents, surveyors, management companies and HM Land Registry. Unexpected issues can arise even in apparently straightforward transactions.
Summary: The Common Causes of Conveyancing Delays When Buying and Selling Property
If you are wondering what delays conveyancing, the answer is rarely a single issue. Property chains, leasehold complications, probate sales, mortgage requirements, unregistered land and unexpected legal issues can all affect timescales. While some factors are outside anyone’s control, many delays can be reduced through early preparation, prompt communication and proactive legal representation.
Understanding the most common causes of conveyancing delays can help buyers and sellers set realistic expectations and put themselves in the best possible position to achieve a smooth and successful transaction.
To speak with a member of our team about how we can help or to find out more about our conveyancing services, complete our enquiry form or contact us by calling 01253 858231 or emailing us at info@mjvlaw.co.uk
