As a novice what is the most important advice you can impart about purchase conveyancing in Rugby?

You may not hear this from too many lawyers but conveyancing in Rugby or throughout Warwickshire is often a confrontational process. Put another way, when it comes to conveyancing there is plenty of room for confrontation between you and other parties involved in the legal transfer of property. E.g., the seller, property agent and sometimes a mortgage company. Choosing a solicitor for your conveyancing in Rugby should not be taken lightly as your conveyancer is your adviser, and is the ONLY person in the transaction whose interest is to look after your legal interests and to keep you safe.

We are witnessing a definite ongoing adversarial element to conveyancing- someone has to be blamed for the process taking so long. You must always trust your lawyer above the other players when it comes to the legal assignment of property.

We are getting a further advance on our mortgage from Aldermore as we wish to conduct alterations to our home in Rugby. Do we need to appoint a bricks and mortar Rugby solicitor on the Aldermore conveyancing panel to handle the legals?

Aldermore would not normally require firms on their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Aldermore conveyancing panel.

My wife and I are in the throws of viewing houses in Rugby and I am about to put in an offer. Is it best to have a lawyer on ‘stand by’? I intend to finance via a mortgage with Leeds Building Society.

It would be wise to instigate your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the EA. Given that you are obtaining a mortgage with Leeds Building Society, make sure you remember to check that your lawyer is on the Leeds Building Society conveyancing panel.

I have decided to exercise my right to buy my property in Rugby off the council. I have a mortgage agreed with Virgin Money. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Virgin Money, you will need to appoint a solicitor on the Virgin Money conveyancing panel.

I have been told that property searches are the main reason for obstruction in Rugby conveyancing transactions. Is that correct?

The Council of Property Search Organisations (CoPSO) has noted the determinations of a review by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of delays during the legal transfer of property. Local searches are not likely to be the root cause of delay in conveyancing in Rugby.

Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what was supposed to be a straight forward, no chain conveyancing. Rugby is the location of the property. Is there any advice you can impart?

Flying freeholds in Rugby are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Rugby you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Rugby may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

Last January I purchased a leasehold house in Rugby. Do I have any liability for service charges for periods before 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. However, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).

Leasehold Conveyancing in Rugby - Examples of Questions you should consider before buying

Its a good idea to find out as much as you can regarding the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to practical matters like the cleanliness of the common parts. Ask other tenants whether they are happy with them. On a final note, be sure you know the dates that the maintenance fees are due to the managing agents and precisely how they are spending that money. The best form of lease structure is if the freehold interest is owned by the leaseholders. In this arrangement the lessees enjoy control and even though a managing agent is usually retained if the building is larger than a house conversion, the managing agent is directed by the tenants.