My partner and I have just bought a house in Bingley. We have noticed several problems with the property which we consider were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that needed to have been conducted as part of conveyancing in Bingley?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Bingley. Conveyancing searches and due diligence initiated as part of the legal transfer of property are carried out to help avoid problems. As part of the process, the vendor completes a form called a SPIF. If the information ends up being misleading, then you may have a claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Bingley.
Are the Bingley conveyancing solicitors identified as being on the TSB conveyancing panel, together with their details provided by TSB?
Bingley conveyancing firms themselves provide us confirmation that they are on the TSB conveyancing panel as opposed to being supplied with a list from TSB directly.
About to purchase a new build flat in Bingley. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Bingley
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
Over the last few months I have been searching for a flat up to £305k and found one close by in Bingley I like with open areas and station nearby, the downside is that it's only got 52 years on the lease. There is not much else in Bingley suitable, so just wondered if I would be making a grave error purchasing a short lease?
If you need a home loan the shortness of the lease will be an issue. Reduce the price by the amount the lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for at least 2 years you may request that they start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer regarding this.
Last April I purchased a leasehold house in Bingley. Am I liable to pay service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I own a ground floor flat in Bingley, conveyancing was carried out December 2004. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding properties in Bingley with over 90 years remaining are worth £196,000. The ground rent is £45 charged once a year. The lease terminates on 21st October 2089
With just 64 years left to run we estimate the price of your lease extension to be between £15,200 and £17,600 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to supply the actual costs in the absence of detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first seeking the advice of a professional.
I purchased a flat in Bingley last 21/5/2024 and to date it is still not registered with HMLR. It was part of a development site and my conveyancer told me that it can take twelve months to register. I have contacted HMLR directly and they have informed me the initial application was cancelled due to failure to reply to requisitions. What can I do?
It is your solicitor that you really need to turn to here in order to satisfy any questions which have arisen as part of the registration formalities for your Bingley property. Normal Bingley conveyancing practice includes an undertaking on the part of the seller's conveyancing practitioner that they will help resolve any question raised by HMLR so it may be a case of seeking to enforce that undertaking if necessary.