We're in Ashton under Lyne, FTBs purchasing with a mortgage (lender is Barclays , and our lawyer is on the Barclays conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Barclays conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I require expedited conveyancing in Ashton under Lyne as I am under a deadline to complete in less than one month. A mortgage is not required. Is it possible to escape the need for conveyancing searches to save fees and time?
If.Given you are are a cash buyer you have the choice not to do searches although no lawyer would advise that you don't. Drawing on our experience of conveyancing in Ashton under Lyne the following are examples of what can be revealed and therefore impact future saleability: Refused Planning Applications, Outstanding Charges, Outstanding Grants, Road Schemes,...
I am buying a new build apartment in Ashton under Lyne. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Ashton under Lyne
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There must be mutual enforceability of lessee’s covenants. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
Is it best to go with a Ashton under Lyne conveyancing lawyer in close proximity to the house I am buying? I have an old university friend who can deal with the legal work but her office is 300miles away.
The primary upside of using a high street Ashton under Lyne conveyancing practice is that you can pop in to execute paperwork, hand in your ID and pester them if necessary. Having local Ashton under Lyne know how is a benefit. However nothing is more important than finding someone that will pull out all the stops for you. If you know people who instructed your friend and on the whole were content that should surpass using an unfamiliar Ashton under Lyne conveyancing lawyer just because they are based in the area.
I am tempted by the attractive purchase price for a couple of maisonettes in Ashton under Lyne both have about 50 years remaining on the leases. Do I need to be concerned?
There are no two ways about it. A leasehold apartment in Ashton under Lyne is a deteriorating asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it adversely affects the marketability of the premises. For most buyers and banks, leases with under 75 years become less and less attractive. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Ashton under Lyne conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Ashton under Lyne Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
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Does the lease have onerous restrictions? In the main the cost for major works tend not to be wrapped into the service charges, although a few managing agents in Ashton under Lyne ask tenants to pay into a reserve fund and this is used to offset against major works. What is the length of the lease?
I have just become aware that one of the partners of the conveyancing practice handling the purchase conveyancing in Ashton under Lyne is an uncle of the owners that we are purchasing from. Is this allowed?
On the basis that no conflict arises this is allowable. If you are needing mortgage finance then the lender may have a say as many banks have specific instructions on this. For example for HSBC as of 28/4/2025, the requirements read as follows :