My son-in-law is in the process of securing a newly built flat in Aston Clinton with a home loan from RBS. His solicitor has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?

The form is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the RBS conveyancing panel as a standard part of the process, and to the valuer 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 RBS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

As someone clueless as to the Aston Clinton conveyancing process what is your top tip you can give me for the house moving process in Aston Clinton

You may not hear this from too many lawyers but conveyancing in Aston Clinton and elsewhere in Buckinghamshire is an adversarial process. In other words, when it comes to conveyancing there exists lots of opportunity for friction between you and other parties involved in the house moving process. For instance, the vendor, estate agent and sometimes your bank. Selecting a solicitor for your conveyancing in Aston Clinton should not be taken lightly as your conveyancer is your adviser, and is the ONLY person in the legal process whose interest is to act in your legal interests and to keep you safe.

On occasion a potential adversary may attempt to persuade you that it is in your interests to do things their way. As an example, the estate agent may claim to be helping by suggesting your lawyer is dragging his heels. Or your financial adviser may advise you to do take action that is contrary to your conveyancers advice. You should always trust your lawyer above all other parties in the conveyancing process.

I have an AIP. The bank mentioned the loan came with free conveyancing. Is the implication that I have to use their panel conveyancer as I would much rather instruct a high street conveyancing solicitor in Aston Clinton?

You should check but the chances are that appoint one of their panel conveyancers if you take up the "fee-free" deal. Contact the lender and check if they offer you a monetary alternative. It is not unheard for a lender to give a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor near Aston Clinton.

The estate agent has sent us the confirmation of our purchase of a new build flat in Aston Clinton. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Aston Clinton

Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Please confirm the Lease plans are surveyor prepared. Please supply a car parking plan. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.

I am employed by a long established estate agent office in Aston Clinton where we have experienced a few leasehold sales derailed due to short leases. I have received conflicting advice from local Aston Clinton conveyancing solicitors. Please can you confirm whether the seller of a flat can initiate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner 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 need not have to sit tight for 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 at the same time as completion of the disposal of the property.

An alternative approach is 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 buyer.

Leasehold Conveyancing in Aston Clinton - A selection of Queries Prior to Purchasing

The best form of lease structure is a share of the freehold. In this arrangement the leaseholders benefit from being in charge if their destiny and although a managing agent is usually retained if the building is larger than a house conversion, the managing agent retained by the leaseholders. Does the lease have in excess of 82 years left? Who manages the block?