My fiance and I are refinancing our apartment in Strood with Nottingham. We have a son approaching twenty who lives at home. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the property is repossessed. I have two questions (1) Is this form unique to the Nottingham conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) Does our son by signing this extinguish his rights to inherit the property?
First, rest assured that your Nottingham conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Nottingham. This is solely used to protect Nottingham if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Nottingham had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
What does my ID and proof of funds have anything to do with my conveyancing in Strood? What am I being asked for?
Strood conveyancing solicitors as well as nationwide property practitioners accross the UK have a duty under Anti-terror and anti-money-laundering rules to verify the ID of any client with a view to ensure that clients are who they say they are.
Conveyancing clients will need to supply two forms of certified identification; proof of ID (typically a Passport or Driving Licence) and proof of address (typically a Utility Bill less than 3 months old).
Evidence of source of funds is also required under the money laundering regulations as solicitors are mandated to investigate that the monies you are using to acquire a property (whether it be the deposit for exchange or the total purchase price where you are buying without a mortgage) has originated from an acceptable source (such as an inheritance) and is not the fruits of criminal activity.
How does conveyancing in Strood differ for newly converted properties?
Most buyers of new build or newly converted property in Strood come to us having been asked by the builder to sign contracts and commit to the purchase even before the residence is completed. This is because new home sellers in Strood tend to buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Strood or who has acted in the same development.
Over the last few months I have been searching for a flat up to £245,000 and found one close by in Strood I like with a park and station nearby, the downside is that it only has 49 remaining years left on the lease. I can't really find anything else in Strood suitable, so just wondered if I would be making a mistake buying a lease with such few years left?
If you require a mortgage that many years will likely be a potential deal breaker. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the current proprietor has owned the property for a minimum of 2 years you can request that they commence the lease extension formalities and pass it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer about this matter.
I am attracted to a couple of flats in Strood which have in the region of forty five years unexpired on the lease term. Will this present a problem?
There are no two ways about it. A leasehold flat in Strood is a wasting asset as a result of the shortening lease. The nearer the lease gets to its expiry date, the more it adversely affects the salability of the premises. For most buyers and lenders, leases with less than 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 property 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 property 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 Strood conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. 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.
Strood Leasehold Conveyancing - Examples of Queries before Purchasing
The answer will be useful as a) areas could result in problems for the building as the communal areas may start to deteriorate where repairs remain unpaid b) if the leasehold owners have a dispute with the managing agents you will want to have complete disclosure Its a good idea to find out as much as you can regarding the managing agents as they will either make living at the property much easier or a lot more difficult. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to practical matters like the tidiness of the common parts. Enquire of other tenants whether they are happy with them. Finally, investigate as to the dates that you are obliged pay the maintenance charge to the relevant party and specifically what you get for your money. Is anyone aware of any major works in the near future that could increase the maintenance charges?
Fiveweeks into a sale of a flat in Strood. Conveyancing solicitors are doing their job but we have been asked to pay a fortune from the freeholder. To date we have forked out £268 for a leasehold management pack and then another £200 plus VAT for answers to questions supplied by the purchaser's conveyancer.
Neither you or your conveyancer will have any sway over the extent of the fee for this information however the average costs for the information for Strood leasehold property is £395. When it comes to Strood conveyancing transactions it is standard for the seller to cover the charges. The freeholder or their agents are under no legal obligation to address these questions although many will agree to do so - albeit often at high prices disproportionate to the work involved. Unfortunately there is no legislation that mandates capped fees for administrative tasks. There is no prescriptive time limit by which they are obliged to supply answers.