My partner and I have just acquired a house in Benson. We have since encountered a number of problems with the house which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been ordered for conveyancing in Benson?

The query is not clear as what problems have arisen and if they are unique to conveyancing in Benson. Conveyancing searches and investigations undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a seller answers a document referred to as a SPIF. If the information turns out to be misleading, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Benson.

We note that you have a search directory listing solicitors on the Principality conveyancing panel. Do companies pay you a referral fee if I instruct them for our conveyancing in Benson?

We are a listing service only for law firms wishing to communicate if they are on the Principality conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Benson.

Can I be sure that the Benson conveyancing solicitor on the Lloyds panel is any good?

When it comes to conveyancing in Benson obtaining recommendations is a sensible starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always suggest that you speak with the solicitor conducting your transaction.

My wife and I are at the point of viewing apartments in Benson and I am about to put in an offer. Is it best to have my conveyancer on ‘stand by’? I intend to finance via a mortgage with Leeds Building Society.

You should start obtaining conveyancing quotes from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on to the EA. As you are seeking a mortgage with Leeds Building Society, ask your prospective lawyers if they are on the Leeds Building Society conveyancing panel otherwise they can't do the mortgage legal work.

I currently have a mortgage with Santander for my property in Benson. Conveyancing was finalised months ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Santander?

Santander must be informed of your intention in advance of letting out your property as this is likely to be a breach of Santander’s mortgage conditions. It may be that Santander will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Santander directly. It should not be necessary to do this via a Santander conveyancing panel solicitor.

I decided to have a survey completed on a house in Benson prior to appointing conveyancers. I have been told that there is a flying freehold aspect to the property. The surveyor has said that some lenders tend refuse to issue a mortgage on this type of home.

It varies from the lender to lender. Santander has different requirements from Birmingham Midshires. If you call us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Benson. Conveyancing will be smoother if you use a solicitor in Benson especially if they are accustomed to such properties in Benson.

I today plan to offer on a house that seems to meet my requirements, at a great figure which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Benson. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Benson ?

Most houses in Benson are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area who can assist with the conveyancing process. It is clear that you are purchasing in Benson in which case you should be looking for a Benson conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is located on an estate. Your solicitor will advise you fully on all the issues.

Benson Leasehold Conveyancing - Sample of Queries Prior to Purchasing

Are there any major works in the near future that will increase the maintenance fees? On the whole the outlay for major works tend not to be included within maintenance charges, although there some managing agents in Benson obliged leasehold owners to pay into a reserve fund and this is used to offset against major works. You should be aware that where the lease has no more than eighty years it will have adverse implications on the salability of the apartment. It is worth checking with your bank that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and it is worth finding out what this would cost. For most Bensonlease extensions you will need to own the residence for two years before you are eligible to extend the lease.