My partner and I have recently acquired a house in Henbury. We have since encountered a number of problems with the house which we consider were omitted in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been conducted for conveyancing in Henbury?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Henbury. Conveyancing searches and due diligence initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, a seller answers a questionnaire known as a SPIF. If the information ends up being misleading, you could possibly take legal action against the vendor 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 Henbury.
Are the BSA planning on creating a searchable register to to identify solicitors on the Darlington Building Society conveyancing panel for example in Henbury?
We have not been informed any intention on the part of the BSA to develop such a register.
Over the last few months I have been searching for a leasehold apartment up to £305k and identified one near me in Henbury I like with amenity areas and transport links nearby, however it's only got 51 years unexpired on the lease. There is not much else in Henbury suitable, so just wondered if I would be making a mistake buying a short lease?
If you need a home loan the remaining unexpired lease term will be a potential deal breaker. Discount the offer by the anticipated lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for at least twenty four months you can ask them to start the process of the extension and then assign it to you. You can add 90 years to the current lease term with a zero ground rent applied. You should consult your conveyancing solicitor regarding this.
Given that I am about to spend £400,000 on a property in Henbury I would like to talk to a solicitor about myconveyancing in advance of instructing the firm. Is this something that you can arrange?
We could not agree more - it is our preference to talk to you we do not take any clients on without you liaising with the conveyancer who will be conducting your conveyancing in Henbury.There is no ‘factory style conveyancing’ - each client is unique person, not a case reference. The solicitors that we put you in touch with believe that the fees you are quoted for residential conveyancing in Henbury should be the figure that you end up paying.
In relation to leasehold conveyancing in Henbury what are the most frequent lease problems?
There is nothing unique about leasehold conveyancing in Henbury. Most leases are unique and drafting errors can result in certain sections are missing. The following missing provisions could result in a defective lease:
Maintenance charge proportions which don’t add up to the correct percentage Insurance obligations
You will have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Bank of Scotland, and TSB all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to withdraw.
Henbury Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying
What is the name of the managing agents? The best form of lease structure is if the freehold reversion is owned by the leaseholders. In this situation the lessees have being in charge if their destiny and even though a managing agent is often retained where it is larger than a house conversion, the managing agent is directed by the tenants. Is the freehold reversion owned collectively by the tenants?
My step-mother completed her conveyancing in Henbury ten years past. She has got married, divorced and has recently married again. She intends to sell the house next moths. I believe she will just be requested to supply copies of her marriage papers to the property lawyer however she is anxious it could delay the house sale. Should she instruct a property lawyer to update the title documents for the house?
You are not required to bring up to date the title for the property on the basis that you have the proof required to demonstrate how the change of name resulted.
Any buyer’s conveyancing practitioner will review the land registry details and request evidence to prove the name change e.g. marriage certificates.