Our god-son is buying a new build apartment in Chatteris with a mortgage from TSB. His conveyancer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The document is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the TSB conveyancing panel as a standard part of the process, and to the surveyor when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the TSB conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Despite weeks of looking the Title Certificate and documents to our house are lost. The lawyers who dealt with the conveyancing in Chatteris 4 years ago no longer exist. What are my options?

You no longer need to hold title original deeds to establish that you own the land or premises, as the Land Registry have everything they need in a digital format.

Just had an offer accepted on a new build apartment in Chatteris. Conveyancing is a frightening process 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.

Set out below are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Chatteris

The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are architect prepared. 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.

Over the last few months I have been searching for a flat up to £305k and found one near me in Chatteris I like with amenity areas and railway links in the vicinity, the downside is that it only has 49 years on the lease. There is not much else in Chatteris suitable, so just wondered if I would be making a mistake buying a lease with such few years left?

If you require a home loan that many years will likely be problematic. Reduce the price by the amount the lease extension will cost if it has not already been discounted. If the current owner has owned the property for a minimum of 2 years you could ask them to start the process of the extension and pass it to you. You can add 90 years to the current lease with a zero ground rent applied. You should speak to your conveyancing solicitor concerning this.

I have recently realised that I have Seventy years unexpired on my lease in Chatteris. I am keen to get lease extension but my freeholder is can not be found. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you have done all that could be expected to find the landlord. For most situations an enquiry agent may be useful to carry out a search and to produce an expert document which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Chatteris.

Chatteris Leasehold Conveyancing - A selection of Questions you should ask Prior to buying

Who are the managing agents? What is the service charge and ground rent on the apartment? Is anyone aware of any major works anticipated that will likely increase the maintenance fees?