Have just purchased a probate house at auction in Alston. Conveyancing is necessary. What are my next steps?

Given that you are now exchanged you should instruct a conveyancing solicitor as a matter of priority as you will have a fast approaching a fixed date to complete the purchase. Every auction property will have a bespoke auction pack. This will include evidence of title and search results. Where you are dealing with leasehold property the auction papers should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation relating to a leasehold property. You should give this to the solicitor working for you as soon as possible. You also need to ensure that you have funds in place to complete on the date specified in the contract.

When it comes to lenders such as Coventry BS, do Alston solicitors incur a fee to be on the conveyancing panel?

We are not aware of any bank fees to be on their list of approved firms, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.

Completion of my purchase has taken place for my property in Alston. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?

All banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Team at head office. We understand that complaints to a lender are sorted out effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.

I have been on the look out for a leasehold apartment up to £305k and identified one near me in Alston I like with a park and railway links nearby, however it only has 61 years unexpired on the lease. There is not much else in Alston suitable, so just wondered if I would be making a mistake purchasing a short lease?

If you need a home loan that many years may 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 twenty four months you can request that they start the process of the extension and then assign 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 solicitor regarding this.

Am I better off to appoint a Alston conveyancing practitioner who is local to the property I am buying? An old friend can perform the conveyancing but his firm is located 300miles away.

The primary upside of using a local Alston conveyancing firm is that you can drop in to execute documents, present your ID and pester them where appropriate. They will also have local insight which is a benefit. However nothing is more important than finding someone that will pull out all the stops for you. If if people you trust used your friend and on the whole were happy that must trump using an unknown Alston conveyancing lawyer just because they are round the corner.

I work for a long established estate agency in Alston where we have experienced a number of flat sales put at risk due to short leases. I have received conflicting advice from local Alston conveyancing solicitors. Please can you clarify whether the seller of a flat can instigate the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Alston Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

Please note that where the lease has no more than 80 years it will have adverse implications on the salability of the property. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will probably have to extend the lease sooner rather than later and it is worth discovering how much this will be. For most Alstonlease extensions you would need to own the premises for a couple of years in order to be entitled to carry out a lease extension. Are any of leasehold owners in arrears of their service charge liability? What is the name of the managing agents?

I've found a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Alston. Conveyancing solicitors have not yet been appointed. Will they explain the issues?

The majority of houses in Alston are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Alston in which case you should be looking for a Alston conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your solicitor should appraise you on the various issues.